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1996-07-02 Council minutesPage No. 1 July 2, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 2, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch, Krebsbach and Smith. Councilmember Huber had notified the Council that he would be late. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular meeting held June 18, 1996 as amended. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 Krebsbach CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item f, Friendly Hills Middle School, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 12, 1996 Airport Relations Commission meeting. b. Acknowledgment of the minutes of the June 25, 1996 Planning Commission meeting. Acknowledgment of the Code Enforcement monthly report for June. d. Acceptance of the resignation of Diane Ward with regret, appointment of Nancy Bauer as Deputy Clerk, authorization for staff to internally post the engineering secretary position, _, and authorization for staff to begin the recruitment process for Page No. 2 July 2, 1996 the vacancy or for a vacancy which occurs as the result of internal posting. e. Adoption of Resolution No. 96-41, "RESOLUTION APPROVING FINAL PLAT FOR SOUTHRIDGE BUSINESS CENTER 2m ADDITION." f, Authorization to issue a purchase order for $4,437.00 plus tax and delivery to Dell Computers for a Dell Dimension Pro 200 computer system in accordance with its quote dated June 25, 1996 and authorization for the issuance of a purchase order in an amount up to $2,400 plus tax and delivery for acquisition of a color output device. g. Adoption of Ordinance No. 310, "AN ORDINANCE PROHIBITING PARKIG ON THE SOUTH SIDE OF MARIE AVENUE BEING 50 FEET WIDE CENTERED ON THE PEDESTRIAN CROSSWALK LOCATED ACROSS h. Acknowledgment of the Sprint antenna agreement i. Approval of the list of contractor licenses dated June 4, 1996 and attached hereto. j. Approval of the List of Claims dated June 4, 1996 and totaling $468,562.58. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MIDDLE SCHOOL Council acknowledged a memo from Public Works Director Danielson regarding the Friendly Hills Middle School construction. Ms. Lois Rockney, Assistant Superintendent for Business Affairs, and Mr. Bob Gunderson, landscape architect for the project, were present for the discussion. Ms. Rockney confirmed that there has been a change in the grading plan for the school property. She explained that the school district began construction on the project on June 10 and residents on the north property line were concerned about the grading on the site and how close it would come to their properties. She explained that she and others met with the neighbors and city officials, and after that meeting directed the project architect to look at the site plan and work with city engineering. She informed Council that the result Page No. 3 July 2, 1996 was a revised plan which has been approved by the school board subject to City Council approval. She explained that after board approval she again met with the neighbors and feels that all of the concerns have now been resolved. Councilmember Huber arrived at 8:30 p.m. Mr. Gunderson reviewed the revised grading and landscape plan. He stated that there were two major issues - a screen between the residences and the athletic fields, and drainage. He explained that the water from the site will drain in three directions - to the drainage swale to the north, to Huber Drive and to the swale to the south. The proposed drainage swales on each side of the fields will drain to the city catch basins, and a twenty -foot "no disturb" zone will be maintained between the fields and the neighbors. He informed Council that this area will not be touched during construction. Responding to a question from Mayor Mertensotto about grade changes to the north on the field, Mr. Gunderson stated that there will be a 2% slope from the middle to the edge of the field as compares to the existing 4% slope. He explained that the field width has been narrowed to 195 feet, and by doing that, he was able to get more distance from the property line to where the field of play will be in order to create the buffer zone. Councilmember Krebsbach stated that she wants to be sure that the field is still a safe area for the children. Mr. Gunderson responded that the run off zone is the safety buffer, and it is almost level. He explained that trees will start about 20 feet back from the field. Engineer Mogan informed Council that he has reviewed the grading plan and found it to be acceptable. He explained that a little more drainage has been added to the pond, but it will have no impact. Mr. Gunderson informed Council that he has had daily contact with the neighbors and the contractor has been working every day transplanting trees, etc., in the no- disturb zone. He also informed Council that the north field will accommodate adult play. Mayor Mertensotto asked if any change has been made in the width of the curb cuts. Mr. Gunderson responded that he does not believe there has been (, any change. Page No. 4 July 2, 1996 Mayor Mertensotto pointed out that this is the only part of the construction detail that says "by city code," and the implication is that the school district would like larger curb cuts but the city did not allow it. He stated that Council does not want the school district to say that the city restricted the curb cuts to 30 feet wide, and pointed out that Council actually granted up to 36 foot wide cuts. Councilmember Smith stated that Council gave the district leeway for creating the additional width for access subject to review by the school district's engineer for a decision on whether the width should be increased. Mayor Mertensotto pointed out that there is a real bottleneck on Lake Drive, and one school bus must wait for another to come out in order to make the turn. Mr. Gunderson responded that he will look at it again. He stated that he wants the accesses to be as safe and visually appealing and will look at the plan and fax something to Mayor Mertensotto. Mr. Gunderson reviewed the landscape plan. He explained that trees will be planted along Huber Drive and along the fields. The trees will be planted in groves to screen the view of the neighbors looking up the hill from their back yards, and most of the trees that are transplanted to the area will be aspen and boxelder. He informed Council that the new trees along the entrance to the property will be two and one -half inch caliper and about eighteen feet tall. Mayor Mertensotto asked why Mr. Gunderson proposed to transplant boxelder, which he felt would attract bugs that create real nuisances. He also asked Mr. Gunderson not to save any cottonwood trees. Mr. Gunderson responded that some of the neighbors asked for boxelders. He explained that the boxelders will be transplanted in the far reaches, and they will only be transplanted if he runs out of aspen and sumac and other trees to transplant. He stated that the boxelders will only be used to get the screen to adequate density. Responding to a question from Councilmember Smith, he stated that none of the transplants will leave the school site, however there could be a mortality rate of 30% during transplanting, so at least at least 30% of trees in addition to what are needed will be held in reserve to reserve the ones that die. ( DAKOTA BANK/SUPER Council acknowledged a memo from Public Works Director Page No. 5 July 2, 1996 AMERICA Danielson regarding development and tax increment agreements and final plat approval for Dakota Bank and SuperAmerica. Mr. Mike Cronin and Mr. Sam Van Tassel were present on behalf of SuperAmerica. Mr. John Seidel was present for Dakota Bank. City Attorney Hart informed Council that there are some changes in the agreements which all parties are in agreement on. He explained that there are no longer any disagreements over the TIF agreement. He stated that the changes requested by SuperAmerica on the agreement involve one inadvertent misunderstanding over transfer of ownership. He stated that it is understood that Dakota Bank will be acquiring all the property and the transfer of the SuperAmerica site to SuperAmerica will be a permitted transfer under the TIF agreement. Mayor Mertensotto agreed, stating that SuperAmerica will have its own pay as you go note. Attorney Hart stated that in Section 2.2i there is a representation that the cost of the SuperAmerica site improvements shall be no less than $800,000, and that it is his understanding that the projected cost of the improvements has been changed to $600,000. He explained that if that is the case, SuperAmerica may not qualify for 100% of the benefits provided in the SA note. He stated that SuperAmerica is limited to whatever tax revenue the city receives from the site. He informed Council that Mr. Cronin and Mr. Van Tassel understand that the SuperAmerica benefits will be reduced by the reduction in tax revenue. Mayor Mertensotto stated that he will ask Treasurer Shaughnessy to write each of the applicants a letter regarding the transfer of property to SuperAmerica and pay as you go note benefits. He explained that if the properties do not generate enough tax in one year, the difference will be forfeited and cannot be picked up in another year. He stated that he is disturbed that SA promised a certain amount of development and has decreased it: there was a representation of $800,000 made many times and now SA is saying the value may only be $600,000. Mr. Cronin responded that the issue was a misunderstanding that the real property and personal property could add up to $800,000. He stated that SA assumed that the total cost included the cost to open the store, things like the canopy, car wash equipment, coolers, etc., which are not considered real property. He stated that SuperAmerica wants it to be clear that the bricks and mortar construction cost is about $600,000. Page No. 6 July 2, 1996 Attorney Hart stated that the agreement will be amended by an acknowledgment from the borrower that they understand the issue. He then informed Council that Section 3.6 of the agreement references the frontage road which has not yet been specifically located. He stated that the SuperAmerica representatives are concerned that from a title perspective, for a short time the entire SA lot will be burdened by a construction easement. He further stated that this is not what was originally intended, and that SA should be assured that the temporary construction easement will in no way burden the property and that it will terminate at a certain point in time. Mayor Mertensotto responded that SA would grant to the city such right of way as is necessary to build a service road. Attorney Hart stated that SA has agreed to a temporary construction easement as` long as the city agrees that SA can build its building in accordance with the site plan. Mayor Mertensotto suggested that SA grant the city a temporary construction easement which would terminate in two years. Mr. Cronin responded that the specific problem is that as the easement is written, it covers the entire site. Mayor Mertensotto stated that if approval of a building permit is granted, and the building is constructed according to the site plans on file with the city, there should be no objection to the easement as the road will not go through the building. Attorney Hart informed Council that the only paragraph in the site plan agreement that is controversial is Section 10, regarding environmental clean up. He explained that the objections he has received involved the insertion of deadlines for the approval of the remediation inventory corrective action plan. He stated that SA is concerned that sixty days is too aggressive for submitting and getting approval of a plan. Mayor Mertensotto responded that all Council said was that no building permit will be issued until SA does the demolition and clean up of the site. Attorney Hart stated that a deadline is important, but the city will not be giving any pay as you go benefit until SA gains occupancy. He suggested 270 days. Page No. 7 July 2, 1996 Mr. Cronin responded that SA's consultant, Delta Environmental, has not started its specific investigation of the site yet. He explained that SA can control to some extent how quickly Delta gets its work done, but it cannot control the PCA process which takes 90 to 120 days. It was the consensus that 270 days is appropriate. Attorney Hart stated that the city has suggested that completion of the remediation work pursuant to the approved correction design be done in two years, and SA is afraid that it cannot meet the deadline. Mr. Cronin responded that it is SA's position that it does not know exactly what will be involved but it is committed to completing the work as quickly as possible. He stated that at this point SA does not know what is going to be involved or what the remediation plan will be, or how long remediation will take. Mayor Mertensotto asked if completion can be subject to reasonable extension. He stated that if the city were not putting money into the project, SA would only need to meet the applicable PCA or state codes, but Council is concerned about having some monitoring and some input. Mr. Cronin responded that SA is in complete agreement with the final sentence of the section, but the problem is that SA cannot commit to a process that is totally outside of SA's control. Mayor Mertensotto stated that on the agreement could be revised to state that on the two year anniversary, SA could request an extension which will not be unreasonably withheld by the city. Attorney Hart agreed, suggesting that as long as SA will diligently pursue completion the city will not unreasonably withhold extension. He then informed Council that the only other issue is the requirement that the city actually approve the remediation action design. Mayor Mertensotto stated that Council would just like the plan to be filed with the city so that Council has knowledge of the plan and the ability to review and comment. He informed Mr. Cronin that the city will not withhold its consent. He stated that on the second anniversary of the agreement, SA could come back and tell Council what is going on and Council will not unreasonably withhold an extension. He informed Mr. Cronin that Council also wants SA to Page No. 8 July 2, 1996 be obligated to file the same reports with the city as are filed with the PCA or any governmental agency. Mr. Cronin responded that all correspondence will flow to the city. He further stated that SA still wants to come back for Council approval of the technical documents which will be prepared for SA. He asked if Council would state that it does not want to grant approval but only wants document flow. Mayor Mertensotto stated that the agreement will read that approval will not be withheld, and informed Mr. Cronin that the Council is really not asking for more than a notice requirement. Attorney Hart stated that he does not think SA would take issue with the language that everything must come to the city, but what is controversial is the requirement that the city approve the remediation investigation/corrective action design (RI/CAD). He suggested that SA give the city the opportunity to comment and if the city fails to comment within a certain period of time, that would be deemed approval and acceptance. Councilmember Koch moved adoption of Resolution No. 96 -42, ( "RESOLUTION APPROVING FINAL PLAT FOR DAKOTA VALLEY VIEW ADDITION," approval of the Site Plan and Development Agreement between the city and SuperAmerica and Dakota Bank as amended, and approval of the amended Contract for Private Development for Tax Increment Financing to be filed jointly by SA and Dakota Bank with the provision that the Treasurer write a letter to both parties as directed earlier in the discussion. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BOURN DRIVE Council acknowledged a memo a from Administrator Batchelder regarding a request from Ms. Pat Farrington for a change in the name of Rogers Road to Bourn Drive. Council also acknowledged a letter of request from Ms. Farrington along with a proposed ordinance. Ms. Farrington submitted a letter from Mr. and Mrs. Gauw, the only other residents on the street, giving their consent to the street name change. Mayor Mertensotto suggested that "drive" envisions something longer than 500 feet, and that perhaps Bourn Lane would be more appropriate. Page No. 9 July 2, 1996 Ms. Farrington agreed that Lane would be acceptable. Councilmember Koch moved adoption of Ordinance No. 311, "AN ORDINANCE PROVIDING FOR THE CHANGE OF THE NAME OF ROGERS ROAD TO BOURN LANE." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BALLFIELD LIGHTS Council acknowledged a memo from City Administrator Batchelder regarding consideration of a request for ballfield lights at Mendakota park and updating Council on task force and Parks and Recreation Commission discussions on the request. Council also acknowledged receipt of the following information: "Findings of the Ballfield Lights Task Force for Mendakota Park;" 1996 Mendakota Park field schedule; other Mendota Heights park field use information; MHAA "field use information; a 1996 Mendota Heights softball team status report; census and enrollment information for Independent School District 197; a letter from Dr. John Norton on MHAA youth programs and participation; information from Parks Project Manager Kullander on ballfield development costs and possible site locations; a memo from Dr. Norton and Adult Softball Representative Jim Kilburg; a petition from the Mendakota neighborhood in opposition to lights; letters in opposition to lighting from Mr. & Mrs. Oliver Courtemanche, Ms. Mary Lou Johnson, Mr. & Mrs. Don Harrington, Mr. & Mrs. Fred Lambrecht, Mr. Donald McMillan, Mr. & Mrs. Fred Erickson, Mr. Christopher Scotti, Mr. Richard Gabriel, and Mr. Bernard Friel; and a letter from Mr. John Carl, Jr. Regarding the findings of the Ballfield Task Force. Dr. John Norton, baseball commissioner for MHAA, responded to the points in the opposition petition. He stated that one of the original issues was the light shining out too far, another was that the softball players are loud or rowdy. In response to the light spillage issue, he showed a video on lighted. fields. He explained that the lower the poles, the more light spills out, which is why modifications are made, with internal baffles to bounce light down and hoods to keep light from shining above. He stated that the video also showed that lighting can be done without interfering with the neighborhoods. Regarding the behavior of the softball players, he stated that they do not have a big following and are not rowdy or drink at the fields. He stated that the police department has never received a complaint to his knowledge. Regarding the comment in the petition that enforcement is poor, he stated that he feels the police department does a great job, as is evidenced by the baseball Page No. 10 July 2, 1996 tournament held last weekend. He stated that there is a critical need for ballfields in the community. Mayor Mertensotto asked what the length of the base path is at St. Thomas Academy. Dr. Norton responded that St. Thomas has two ninety foot fields that MHAA rents, and there is one at the Sibley complex that MHAA uses in addition to the city's athletic complex at Sibley. Mayor Mertensotto informed the audience that Council appointed a special task force to discuss ballfield lighting and although they worked hard they could not come to a set of findings. He stated that the issue then went to the Parks and Recreation Commission, which split 3/3 on the issue, and it now has come back to Council with no definitive information on the problem. He asked how many fields MHAA needs and how many youth are involved in the MHAA program. He pointed out that the school district data indicates that the city is possibly at a peak now and there will not be an increase in the school district out to the year 2000 or 2001. He asked what the need is if there are enough fields now for the program and the student population is not going to increase. Dr. Norton responded that the younger children have not reached the top yet and each league will continue to get bigger. He stated that each year more children are in the programs - two years ago they year not full but now MHAA is running out of field space. He stated that MHAA. had to turn down two traveling teams this year, and many of the children who started in the programs are now coming up and there is no place to go. He informed Council that there are 300 children in tee ball and those children will be coming up through the program. He explained that when the current 13 year olds were in tee ball there were about one -third as many as there are in the tee ball program now. He stated that MHAA will have to turn down four traveling teams next year, and while things will ultimately level out, right now the inflow is much greater than the outflow. Mayor Mertensotto asked Dr. Norton how many fields the association needs per week to play a full schedule. Dr. Norton responded that MHAA is playing 105 games a week now inside the city, and Mendota Heights provides 46.2% of MHAA `s fields - the school district's fields are also used and some fields are rented. He stated that while there will be two new fields available at Page No. 11 July 2, 1996 the middle school in 1998, they will have to be shared with the soccer teams. Councilmember Krebsbach asked how many more fields would satisfy the need if lighting is not installed. Dr. Norton responded that lighting at Mendakota would allow ten to twelve more games per week. He explained that adding the middle school fields will not resolve the problems because bigger fields are needed as there are children in the fourteen year old group coming up. He informed Council that the VFW and legion teams also use the Sibley site. He stated that his feeling is why build new fields when there are fields at Mendakota and a new shift could be added if there were lights. Mayor Mertensotto stated that the opposition to the lights is whether all possibilities have bee explored. He stated that people have asked about options and the land north of T.H. 110 has been suggested for possible fields. He felt that the site is not appropriate and pointed out that it has been held by Mn/DOT for road purposes and the city would have to purchase the land. He did not think the site is a viable option. The stated that it was suggested that the National Guard could perhaps do the grading for the fields, as it would have done on the Resurrection Cemetery site, but it would not be possible for them to use their large equipment at the Freeway Road site. He informed the audience that Council is also looking at possibly trying to acquire land south of Mendota Heights Road across from St. Thomas but that is guided for office park. He stated that the developer of the property wants to use the land for office warehouse and Council does not want that use across from a school, but the $4.00 per square foot asking price for the land would be a tremendous cost. He did not think that timing is right for a bond issue given that the school district just received bond issue approval for two schools. He stated that another issue is whether the existing fields are being fully utilized. He informed the audience that Council must also wrestle with the need for a full -time recreation director. He stated that Council wants to keep property taxes down and does not want to increase the tax rate. Mayor Mertensotto stated that Council needs to know what the MHAA demands are and whether they are factual - Council must know that the MHAA numbers are accurate and then must see what options are available. He informed the audience that Council has talked to the Resurrection Cemetery representatives and has received no response. He felt that the excess cemetery property would be a good place for a pinwheel design, there would be no concern over lights, and the 88" Air Command would do the site preparation work for the city. Page No. 12 July 2, 1996 He also stated that there has been strong demand for an ice arena across from St. Thomas. He asked Dr. Norton if the MHAA schedules any games before 5:30 p.m. Dr. Norton responded that no games are scheduled before 5:30 because the coaches are volunteers and cannot be at the games that early. Mayor Mertensotto stated that it has been brought up that the city must be cognizant of the demands of youth, and the need to keep them engaged in constructive activities. He felt that youth should be given the priority for Mendakota Park over adults, and MHAA cannot through scheduling meet its needs. Dr. Norton stated that for a 10% investment on top of what the city has invested in the Mendakota complex, the city would be getting a 200% increase in use if lights are installed. He informed Council that it is the youth games that are noisy because there are spectators - there are about 1,200 children in the program but that does not include the VFW, girls softball, etc. He stated that MHAA also trains and hires fourteen year olds for umpires. He also stated that he does not feel that fields should be constructed at Friendly Hills Marsh. Responding to a question from Mayor Mertensotto, he stated that there are some children from Eagan in the MHAA programs because a portion of Eagan is in District 197, but MHAA can no longer use Eagan fields this year because the Eagan program has grown. Mayor Mertensotto suggested that Eagan owes the MHAA reciprocal use of fields and perhaps possibilities should be explored with Eagan since there are Eagan youth playing in the MHAA program. He agreed that Eagan children should be in the MHAA programs to the extent that if the children are in the same school district they would want to play with their friends, but that the city should explore what is available and the school district and Eagan should recognize that at least the Pilot Knob School fields should be available for MHAA use. Dr. Norton stated that he has talked with the school district and use of the Pilot Knob fields may be a possibility. He informed Council that he has also talked to West St. Paul and St. Croix Lutheran Church representatives and everyone he spoke to has the same problems as MHAA. He stated that there has been much growth in baseball and soccer. Page No. 13 July 2, 1996 Mayor Mertensotto stated that with the amount of attention directed to the issue, it would behoove Council to ask MHAA to make every effort possible to adjust its schedules or find all of the fields that are available. He further stated that if all avenues have been explored, then he feels youth should have the priority for the Mendakota fields. He asked that MHAA give Council some breathing room to look at options and fields. He stated that utilization of fields has to be greater, both at Sibley and Mendakota, and that perhaps the city must get more involved in discussions with the school district and MHAA. He felt that the school district should give MHAA field space since children in the district but outside of Mendota Heights are included in the MHAA programs. Responding to a question from Councilmember Krebsbach, Dr. Norton stated that the baseball season runs from the second week in May to July 20, but the traveling teams play into August. Mr. John Eide, a resident on Swan Court, stated that he has spoken to the South St. Paul police department a few weeks ago and went on patrol with them. He stated that the police gave him detail on McMorrow field and the officers told him that the fields are out of control and they cannot respond to all of the calls that come in about the fields. Councilmember Huber stated that he has spoken to Police Chief Delmont today, and to the chief s knowledge there has never been any problem at the Mendakota fields. Mrs. Edgar stated that she has called several times about teams drinking at Mendakota and the police do not respond. She further stated that when she drove by the field at 8:30 there were 60 people drinking in the parking lot. Mayor Mertensotto responded that if the police are not responding, Council can control that. He directed Administrator Batchelder to notify the police chief of the accusation that the police are not responding. Mrs. Edgar stated that MHAA says there is so much pressure on the fields, yet when she was at a Sibley field on the nights of May 20 and 23 and June 3, there were four fields open. Dr. Norton responded that there is softball at Sibley four nights a week. Page No. 14 July 2, 1996 ' Mrs. Edgar stated that the point is that the information MHAA has provided states that the fields are being used when in actuality there is no one there. She also asked why one field needs to be empty at Mendakota one day of every week. Mayor Mertensotto asked Administrator Batchelder to check on scheduling. He stated that Council wants to know whether the fields are being used, since the information Council has received is that the Sibley fields are always full. Mr. Mike Black, 904 Mendakota Court, stated that he was on the task force and agrees on many of the facts given by Dr. Norton. He stated that there are some things in the task force report which he would like to point out. He noted that there has been an increase in the number of children in the MHAA from 1990 to 1995, but there has also been a decrease in 1996, and the 1996 enrollment was able to be accommodated in 1996. Mr. Black stated that the trend is that there will not be growth in the population, and while it is true that there are two traveling teams that were not formed this year, the traveling teams are the skilled players but the regular programs are available for anyone who wants to play. He stated that the children could still stay in the MHAA program but chose not to play, and the point is that everyone is being told the numbers are going up every year but in fact they went down in 1996 from 1995. He stated that Dr. Norton mentioned that there are 105 games each week scheduled by MHAA, and, not counting the fields at Mendakota there are 24 fields available for those 104 games, or an average of four games per field. Councilmember Huber stated that what Council needs is information on matching up the fields with the age ranges. He stated that the statistics are 105 games on 24 fields, but on any given night there could be tee ball fields empty but other fields that the older children need are over crowded. Dr. Norton pointed out that three or four fields on the list are just grassy areas. Mr. Black asked if Dr. Norton is saying that he listed fields as lost even though they were never used. He stated that if the MHAA is coming to Council to ask the city to spend public funds to do an improvement that is controversial and would have a big impact on the neighborhood, the burden is on MHAA to come forward with some good, concrete information on the issues where there is some question. He further stated that he needs additional information in order to determine if his criticisms are valid. He pointed out that Page No. 15 July 2, 1996 there is solid information on the number of children participating in the program and information from the school district and some information on scheduling, but there is no information on what games are actually being played. He stated that it is not up to the Council to answer those questions, but rather, the burden of proof is on the MHAA. Mayor Mertensotto responded that Council has to rely on the people who are doing the scheduling. He explained that the issue has become emotional, and a good decision cannot be made - Council will ask the MHAA to do everything that Mr. Black has asked including jockeying the scheduling and getting better utility of all the fields including the school district fields. Mr. Black stated that MHAA. really does not want lights, it wants fields. He noted that MHAA. has six games a week at Mendakota now and under the proposal expects to get 16.games a week at Mendakota. He felt that if MHAA is only talking about ten games a week, Council should take a hard look at that when considering spending so much money. Responding to a question from Mrs. Edgar, Administrator Batchelder reviewed city regulations on the use of beer in the parks as well as the 1995 softball league rules on beer at games. Mr. Dave Dreelan, 785 Creek, stated that he has played softball at Mendakota ever since the fields were built and has never been at the fields past 9:30. He further stated that all of the players are responsible and do not sit in the parking lot drinking beer after games. He stated that the team sponsors ask the teams to come to their establishments after the games. He informed Council that if a squad car came through the area at 10:00 and told people that the park is closed, everyone would leave. He explained that players are not even allowed to drink beer during the games, and beer drinking just does not happen. He asked Council to make its decision based on what is best for the community as a whole. He stated that he lives near the fields and even though lights would affect him he would like to see lights so that the fields can be used. Mr. rank Freedman, 906 Mendakota Court, a member of the task force, stated that the solution to the problem for MHAA is not more fields like Mendakota but more 90 foot base paths. He stated Mendakota is not a 90 foot base path field complex and lights will not add capacity where the association needs it. He explained that Dr. Norton stated that the need is for 90 foot base paths many times at the task force meetings. He also pointed out that Mendakota is not Page No. 16 July 2, 1996 used by either MHAA or softball on Friday nights, and if the issue is capacity and utility, the city should look at that. Mr. Bernard Friel stated that he does not live near the park, and whatever happens will not affect him, but his concern is the precedent that lighting the fields would set for lighting throughout the community. He stated that the school district may want lighting on its property and once the city has lights in its parks, a precedent would be set. He further stated that people who play tennis might then want lights. He observed that the two fact finding bodies that reported to the Council on the issue failed to reach consensus on the need for lighting the fields and it does not take much imagination to see that the traffic and noise that goes along with the extended use of the lighted fields in the evening does have an impact on the enjoyment and peace of the people who live nearby. He further stated that the community does not have a lighting policy now, and to adopt lighting for this facility there should first be alighting policy in place. Councilmember Smith responded that she does not think what Council is talking about tonight is who is in favor of baseball and who is not and that everyone would agree that the MHAA is a valuable asset. She stated that what is being discussed is one solution to the problem of not enough field time. Ms. Jann Blesener, 848 Mendakota Court, stated that the analysis that must go into Council's decision must first be the question of whether Council agrees that there is indeed a demand for fields. She felt that the point is debatable, but that if in fact Council agrees there is a demand, the second question is how far must the city go to meet the demand. She stated that if Council decides it must add more field capacity, it must decide the best way to add capacity and lighting is only one way. She stated that it is Council's responsibility to enhance and protect the character of the community and not make a decision that would be a detriment to the community. She felt that there are other ways to add capacity by adding green space, which would enhance the community, whether that be Friendly Marsh, Resurrection Cemetery, Freeway Road or wherever. She stated that if Council decided that lights are the only way to solve the problem, then the lights should be installed instead at Sibley, since school fields are the first places that are lit in most communities and it could be used year round. Councilmember Huber stated that Council does need to think about the precedent that lighting would set. He noted that comments have v been made tonight regarding preference of youth over adult play, but Page No. 17 July 2, 1996 stated that he does not support hat position and does not want to be put in the position of having to choose. He stated that he would have a very hard time throwing the adult teams out of Mendakota to let the youth use the fields. He felt that Council needs to solve the problem, not by favoring one group over another but by trying to accommodate both groups. He stated that Council needs more information and have the MHAA information stratified by age to see where the program is going, and to get statistics on the 10 to 14 year olds in order to match up the youths to the fields. He informed Council and the audience that he visited Lorraine Park in South St. Paul, which was just lit. He explained that the lights are turned off at about 10:20 and there was definitely some overlap of light to the homes in the area. He reviewed the impact of the lights on nearby homes and stated that he would like to go to a complex where all four fields are lit. He encouraged everyone who has an interest in the issue to go out and look at light fields. Councilmember Huber pointed out that Council needs to get the facts from the police department on calls it has received and it must also get the facts on need. He stated that Mendakota Park is a community park and he does not think it is financially viable to acquire land and build more fields. He felt that future demand will have to be absorbed at Mendakota Park, which may mean lights or which may mean t j putting on city staff to coach teams so that they can start earlier. He was not in favor of saying no to adult teams or to the youth who have outgrown other fields. Councilmember Smith stated that she was disappointed to find through all of the discussions that the data and the conclusions from the data are inconclusive. She further stated that there are no definite conclusions or even any agreement on the data, which leads her to conclude that she could not support lights at this time. She pointed out that once a decision is made for lighting it cannot be taken back and before Council even gets to that point it must consider the land use issue. She felt that whatever standards are developed must be applicable across the community, to the school district or any other facilities. She pointed out that once people see lights one place Council would have a very difficult time justifying a negative decision for others - Council must define the parameters and find something that would be acceptable to the community. She felt that a decision on lights at this time would limit Council's options. Councilmember Smith stated that it is her understanding that cost figures for a new complex were based on a park similar to Mendakota, but that would not necessarily be required to meet the current needs. She felt that there is a big difference in circumstances Page No. 18 July 2, 1996 between what was shown on the lighting video and the present situation - in the video people had a bad situation that was made better, but in Mendota Heights' case there are no lights and people would be going from not having lights to lighted fields and the neighborhood would be giving something up. She felt that Council must continue to look for a solution, which perhaps would not come as soon as people would like. Mayor Mertensotto stated that the problem is not going to go away and while he understands the concerns of the neighboring residents, Council must determine what the city's obligation is. He stated that MHAA claims that 70 coaches volunteer twelve hours each week, which calculates to $8400 in cost to the city if it took over the program. He stated that Council does not want the MHAA program to fall apart and must be careful how the problem is solved. He asked MHAA to explore all options and stated that he will contact the school district, West St. Paul and Eagan about field use. He pointed out that the school district is obligated to share the fields within the district. He stated that Council is looking at how it can increase field capacity without spending a great deal of money or going to a bond issue and must realistically look at what the options are. He informed the audience that Council will not make a decision tonight, and as far as he is concerned will continue in 1996 and into 1997 exploring the use of the fields that currently exist. Councilmember Koch asked how many Mendota Heights children play in programs offered by other communities. Dr. Norton responded that he can get the statistics for Council. He stated that MHAA has joint efforts with West St. Paul, that Sibley area fast pitch is done through West St. Paul but is mostly Mendota Heights Girls, but that West St. Paul is unwilling to share its boys hockey program. He informed Council that he is currently working with Eagan and West St. Paul for a 90 foot field for the children over age 13. He stated that all MHAA wants is more fields to play and does not care where they come from. Councilmember Krebsbach stated that she would be interested in having Parks Project Manager Kullander doing a study on how feasible some of the possible fields are. Councilmember Huber asked how Council will continue. He stated that Mr. Black made some good comments and has placed the onus on MHAA and adult softball representatives to make a case. He stated that Council has asked Dr. Norton for additional information and some of that may spill over to adult softball. He volunteered to Page No. 19 July 2, 1996 work with Dr. Norton and the softball representatives to try to take the information they have and try to help them put it into a presentation that would be more informative on how teams match up with field sizes and how many children are at each age. He stated that the loudest message heard this evening is that there has been no case made for need. Councilmember Krebsbach pointed out the importance of keeping the MHAA a viable organization. Councilmember Koch stated that it almost sounds as if Council is disregarding the task force information but that is not the case. She stated that Council is asking for factual information but must be specific on what it is asking for. She informed the audience that just because she would not vote for lights tonight does not mean she will never vote for them. She stated that Council must get answers to the very specific questions and must continue the dialogue. Councilmember Smith stated that her disappointment is not with the task force but that the process did not give Council a resolution to the problem. RECESS Mayor Mertensotto called a recess at 11:03 p.m. The meeting was reconvened at 11:17 p.m. Councilmember Koch was excused from the meeting. SUBWAY OUTDOOR EATING Council acknowledged a memo from Administrative Intern Hollister in regard to a request from Mr. Curt Heller, owner of the Mendota Plaza Subway, for authorization to place six tables with four chairs each immediately outside of the Subway for his customers. Mr. Heller was present for the discussion. Mayor Mertensotto stated that when Ziggy's made the same request, the issue was whether Council should consider amending the shopping center's conditional use permit. He informed Mr. Heller that Council instead granted Ziggy's a temporary, experimental permit to allow outdoor seating until October 15`h. He explained that Council told Ziggy's owner that if there were any complaints or there is any debris resulting from the outdoor seating, or if people are not able to walk in front of the stores, Council would terminate the permit. He asked how Mr. Heller's request would work out physically and whether seating would be under the canopy. Mr. Heller responded that the tables would be under the canopy, about two feet from the edge of the sidewalk. He stated that people Page No. 20 July 2, 1996 will be able to walk on the sidewalk, as it is very wide. He informed Council that the demand for outdoor seating is tremendous and that he did not want to provide outdoor seating because of the associated problems, the pressure has been too great since Ziggy's has had tables on the sidewalk. Councilmember Huber stated that he has been at the Plaza several times in the evening, and there are often a number of tables open outside of Ziggy's. Mr. Heller stated that there is a period of the day on Saturday when there are many families with children who would use the outside tables and also they would be used at lunch time. He explained that the tables would be taken inside in the evening. He informed Council that there are only 30 seats inside the store and they are taken up over lunch time and additional seating is needed. Councilmember Krebsbach asked Mr. Heller how he plans to manage refuse, such as wrappings dropped outside. She stated that refuse is a big concern. Mr. Heller responded that he shares the concern and that he will have to have people monitoring the area and picking up wrappings that are dropped. Mayor Mertensotto stated that if Council chose to grant the request, Mr. Heller would have to agree to the same conditions that were imposed on Ziggy's. He stated that Council would reserve the right to revoke the permit, independent of the Ziggy's permit, if the city receives any complaints. He explained that revocation of either permit, Ziggy's or Subway's, would be independent from the permit for the other. He suggested that Council could grant an experimental, temporary permit to Subway with the same conditions as Ziggy's and sunseting on October 15. He informed Mr. Heller that he would have to understand that Council reserves the right to terminate the permit upon complaint independent of whether the Ziggy's outdoor eating remains. Mr. Heller responded that he will do everything possible to keep refuse to a minimum and will provide a trash container outside. Councilmember Huber asked what the representation is on how much walking space there will be between the tables and the building. Page No. 21 July 2, 1996 Mr. Heller responded that the walking space would be between the pillars and the tables, and the tables will be up against the building as close as possible. Mayor Mertensotto pointed out that the letter of agreement between Subway and Paster Enterprises permits outdoor seating from May 1 through October 31 each year, but Council does not care what agreement there is with Paster Enterprises. He stressed that the permit would be granted on an experimental basis only and not on a year -to -year basis. Councilmember Krebsbach moved to grant a temporary experimental permit to Subway to allow six tables outside of the store with the same conditions imposed on Ziggy's and with the understanding that Council can deal with the Subway permit independent of the Ziggy's permit and that the permit can be terminated separately on any violation of the conditions imposed. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CASE NO. 96 -18, NSP Council acknowledged an application from NSP for conditional use permits for essential services and mining to allow the removal of one of three existing transformers from the NSP substation near Mendakota Park and to add three capacitor banks and a control house at the site, and to excavate and replace part of an existing fence. Council also acknowledged an associated report from Administrative Intern Hollister. The following individuals were present on behalf of NSP: Dave Callahan, Pat Cline, Sheldon Silberman and Joe Mansur. Mayor Mertensotto stated that Council is mainly concerned about the noise that is generated by the substation, and further that there is no current restriction on how many kilowatts NSP can operate on that line. He asked what the current capacity is. Mr. Callahan responded that there are two voltages now, 69 kV to the east, west and south, and 115 kV to the north. He informed Council that no line in the substation exceeds 115kV. Mayor Mertensotto stated that he has mentioned many times that the city should adopt an ordinance to stipulate that NSP must notify the city and the city must hold a public hearing if NSP intends to increase the W. He stated that the school district is going to raise its power poles twenty feet because of EMF and right now there is Page No. 22 July 2, 1996 no restriction or requirement for notification if NSP increases the power. Mr. Callahan responded that to go from 115 to a higher voltage, NSP would have to modify the lines because the existing lines will not carry a higher voltage. He explained that the next step is 230 kV, and that NSP uses 11 RV for all of its substations in the metro area. He stated that lines that carry a higher voltage are region -to- region lines. Mayor Mertensotto asked what plan NSP has to replace the existing towers. Mr. Callahan responded that there are currently wood poles on the site and one line is a "y" shaped structure that was an experiment. He stated that the cost to rebuild lines is so expensive that NSP would not replace them unless they are seriously deteriorated, and unless the structures reach a point where it is felt that they are not adequate they would not be replaced. Mayor Mertensotto stated that there are some old poles coming in from the west and there are two new ones that go across the Mendakota Park area, and the ones parallel to Wagon Wheel going through Friendly Hills are very old. He asked how much more noise will be generated at the substation. Mr. Callahan reviewed overhead transparencies showing the location plan for the substation. He stated that there are currently two 11 5k transformers and one 69 kV transformer at the substation and NSP plans to convert the complete substation to 115 kV so that the 69kV will be removed. He explained that there would then only be two transformers, and that the 69 kV unit is the noisiest. He anticipated that there would be a two dB reduction in sound. He stated that three capacitor bank units will be added for stabilization and they do not generate noise. He informed Council that the grade of the site is not flat, so it is proposed that a sheet pile retaining wall be installed and that the area be excavated flat to the fence. He stated that the 115 kV line from the east terminates in one location and it must be rerouted and terminated in from the north so three steel poles are needed. He explained that the three towers that will be installed are directly related to rerouting the line. Mayor Mertensotto asked where the power comes from. He also asked if the proposed project will improve reliability of power for Mendota Heights. Page No. 23 July 2, 1996 Mr. Silberman responded that the substation brings together several lines and each is a source. He stated that NSP believes the service will be improved, as the proposed work is part of a project to increase power transmission to a broad area. Mayor Mertensotto asked what the decibel reading on site from the transformers is now. Mr. Silberman responded that readings have not been taken in the substation, but they decrease with distance. Mayor Mertensotto asked what distance the 2 dB reduction was from the source. Mr. Silberman responded that NSP has submitted readings from 12 sites as well as the high and low readings, and the 2 dB reduction is hypothesized from those points. Mayor Mertensotto asked if the steel sheeting will be coated so noise will not bounce of the wall. Mr. Callahan responded that NSP is looking at just driving steel j pilings in a zigzag configuration and the sheet piling will not be coated. He stated that NSP does not feel that the wall will be a contributing factor, but if the noise readings after installation show that it does contribute to the noise level, NSP will resolve it. He stated that NSP does not feel that the wall is significant in sound reflection, but it will take after readings and will take remedial action if the wall makes any contribution to the sound. Mayor Mertensotto asked if it would not be better to treat the wall before hand and whether NSP has any data which would indicate that there will not be noise bouncing off the wall. He pointed out that there is no wall now and that steel is a hard surface that will not absorb noise. Mr. Silberman responded that the wall does not have any opportunity to reflect the sound, as it is only 12 feet high and about 200 square feet of surface area. He stated that if it is found that the wall amplifies the noise, NSP could put an acoustical deadening material on the wall or install an acoustically treated wall in the neighborhood of the transformer. Mayor Mertensotto stated that there is a certain amount of sound that comes from the substation now and pointed out that Mn/DOT puts Page No. 24 July 2, 1996 up sound walls to deaden the noise from concrete highways. He asked what NSP's cost estimate if for remediation. Mr. Silberman responded that he did not look into the estimate because NSP does not feel it is necessary. Mr. Callahan stated that the noise readings were supervised by the MPCA and there will be after readings. He further stated that NSP must meet the MPCA criteria for thresholds and if NSP meets the MPCA sound standards, that is all it can go by. He explained that the MPCA has a procedure for measuring the sound, and that is what NSP has used to make its projections. He stated that in addition, the Planning Commission asked that NSP take readings within thirty days after construction to insure that there is no problem, and if a problem is detected NSP will take remedial action. Councilmember Smith stated that it is one thing to have a level of reading for an event and another to have a constant noise at a certain level. She asked if there is a distinction in the PCA guidelines. Mr. Silberman responded that there are two parts to the guidelines - there is an L10 reading and an L50 reading. He stated that those are { j day time and night time standards, that means that sound exceeds a level 10% of the time. He stated that NSP has not provided the L50 readings because more than 50% of the time the sound is level. Responding to a question from Councilmember Smith, Mr. Callahan stated that the readings were taken from twelve sites, and L50 readings were taken at each site. Mr. Silberman stated that as you move north, the readings get lower, and that it is heard to get readings at the site because of all the other factors, including all of the planes flying overhead. He explained that the information provided to the city gives the highest reading found and the lowest reading found at any of the sites. Councilmember Smith pointed out that there are intermittent periods where readings could be taken without noise from planes, etc. Mr. Silberman stated that the PCA sets the guidelines on how measurements are taken and NSP has no options. Councilmember Smith stated that if the readings were taken over a period of time there would be a greater disparity between the low and the high readings. She also pointed out that at one point the day Page No. 25 July 2, 1996 time readings were 42 for a low and 53 for a high whereas they were 50 and 52 at night when fewer planes would be present. Mr. Silberman responded that the night readings were taken at sites 3, 8 and 11 and the night time data was taken all night long at sites that were deemed to be the most noisy. He informed Council that the data was presented to the city in summary form because that was what was asked for, but it can be presented in a different fashion if Council desires. Councilmember Huber pointed out that there is one reading in the west that appears to be out of compliance. He asked what NSP will do if it is still out of compliance after construction. Mr. Silberman responded that he feels that the screen wall on the west side will give a 3 to 5 dB drop in addition to removing the sound source from the transformer that will be removed. Councilmember Huber stated that the readings are at the limit of the PCA standard. Mr. Silberman responded that the 52dB reading was taken one hour out of the night. Mrs. Jann Blesener asked how atmospheric conditions affect the noise. She stated that sometimes the noise is more intense than other times. Mr. Silberman responded that the density of the air would have a minimal impact on sound transmission, but wind is a factor. Councilmember Huber stated that an L10 reading would be higher but the neighbors are dealing with the noise level all of the time. He further stated that the readings are barely in compliance with the standards, and if readings were taken all of the time they would probably not comply. Mr. Silberman responded that the transformer produces a low frequency sound which is very tonal, and at that frequency, for instance at 848 Mendakota Court, the day time readings at 120 hertz show the maximum reading of 40.5 dB. Mayor Mertensotto stated that it does not make a difference if NSP met the standard if it is obtrusive. He pointed out that NSP is going to spend $4 million for the station, and it is being cavalier about the noise. He informed the NSP representatives that Council hears Page No. 26 July 2, 1996 j complaints about low grade sound level coming off of the substation all of the time. He stated that there must be ways of diffusing the noise, and that coating the steel wall would be the very minimum. He stated that a positive attitude would be that NSP is going to do everything possible to reduce the noise both in landscaping and sound attenuation. Councilmember Krebsbach stated that it would have been helpful to have the readings by site. Responding to a question from Councilmember Smith, Mr. Callahan showed overheads on the location of the new poles. He explained that NSP proposes to raise the berm where the transformers and had talked about raising the other berm as well but fill would need to be imported. He stated that it was felt that if NSP could trade the berming for more trees and landscaping around the perimeter of the substation, it would pursue entirely landscaping the wall on the west side with plantings and arborvitae on the east side to equalize the screening around the substation. He further stated that on the west side, the landscaping gap will be closed to provide sound reduction, and on the south side the berm will be extended. On the east, arborvitae will be planted to close the landscaping gap and the 12 foot wall and screening on the south will give continuous screening all around. Mrs. Blesener stated that there already is a wall, and she did not think the new wall will be seen from the Eide Addition. She informed Council that the wall can't be seen from that area now. She stated that part of the reason the noise goes to the north and northwest now is because it bounces off the existing wood wall. Mr. Silberman stated that the highest point of the wall, at the northeast corner, will be about 12 feet tall and will not be any higher than the bottom of the existing fence. He explained that a chain link fence will remain above the wall and the only place the sheet pile wall will be visible, from the west, will be addressed with landscaping. Mayor Mertensotto stated that he is not satisfied that everything possible has been done to attenuate noise. Ms. Blesener stated that NSP has done a very good job with the landscaping and berm, and the screen on the west will help reduce noise to the west, but she was concerned that the residences to the north and northwest will get noise over the wall. She further stated that she did not know there would be such a noise impact when her Page No. 27 July 2, 1996 home was built. She did not think that NSP has done everything possible to mitigate noise but that it is good to hear that perhaps NSP can do something closer to the source if the steel wall does not help. Mayor Mertensotto asked if NSP used any outside acoustical consultants. Mr. Silberman responded that NSP had an acoustical engineer, Dave Braslau, speak to Ms. Blesener a number of years ago, and Mr. Braslau looked at a berming solution at that time between the north and the substation. He informed Council that NSP also looked at changing out the equipment but that was not economically feasible. He stated that NSP first made its proposal, it proposed to do more than is required and has tried to be positive, and landscaping has been improved at the request of the city. Mayor Mertensotto responded that he feels Council should retain an independent review to see what can be done about the sound. He asked Administrator Batchelder to explore acoustical expertise. Mr. Callahan responded that one thing NSP is up against is that it is trying to convert the 15 kV so it can get meet the electrical demand for the 1997 summer load. He stated that in order to do that, NSP must get going on the revamp of the substation. He stated that it is difficult for NSP, when its representatives feel they have met the city's own standards and have added other things to improve the sound emissions and still has to face a delay. Mayor Mertensotto informed Mr. Callahan that Council is very sensitive to noise. He explained the air noise impact and the impact of freeway noise, and stated that perhaps the city's standards are not appropriate. He asked the NSP representatives to give Council the opportunity to discuss all possibilities that might be economically feasible to reduce the noise impact. Councilmember Huber pointed out that NSP is currently failing the standard at one location at night and close to failing the standards overall. Mr. Callahan responded that this is why NSP had MPCA assist them so that there would be an independent review. Councilmember Smith pointed out that on a collective basis, Council must determine whatever noise impacts are realized and Council's position must be in the best interest of the community. Ayes: 4 Nays: 0 Page No. 28 July 2, 1996 Administrator Batchelder informed Council that the 60 day application review ends on July 13, and if Council tables the matter, the application must be extended to 120 days based on additional information requirements. Councilmember Huber moved to extend the application to 120 days, with direction to staff to determine the availability of an acoustical engineer to review the plans. Councilmember Smith seconded the motion. Mr. Silberman asked for clarification on what additional information Council wishes. Mayor Mertensotto stated that Council is desirous of independent review of the project, including other options for sound attenuation. Councilmember Krebsbach stated that she would like a chart of the readings comparing day and evening readings. PERSONNEL Council acknowledged a memo from Fire Chief Maczko requesting authorization to retain Diane Ward as Fire Department secretary to train a successor and continue secretarial work until as replacement is found. Administrator Batchelder stated that Ms. Ward would like to be able to assist Chief Maczko, but the city has a problem of keeping someone as an employee after resignation. He stated that Diane would like to stay on as an independent contractor. Mayor Mertensotto stated that the city cannot accept a resignation and then keep an employee on. He was concerned about continued benefits and workers' compensation and other issues. Administrator Batchelder suggested that since Ms. Ward's resignation has been accepted, the city could hire her as a temporary part-time employee without benefits. Councilmember Huber moved to authorize staff to hire Diane Ward as a temporary employee for up to ten hours per week for a period of time not to exceed six weeks. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Page No. 29 July 2, 1996 NOISE TOUR Council acknowledged a memo from Administrator Batchelder regarding a proposed joint Council/Airport Relations Commission bus tour of noise impacted areas. Councilmember Krebsbach moved to conduct a special meeting at 7:00 p.m. on July 10 for Council to meet with the Airport Relations Commission for the purpose of a city tour of noise impacted areas. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 EXCESS RIGHT-OF-WAY Mayor Mertensotto informed Council that he has spoken to Keith Slater, Mn/DOT Right-of-Way Engineer, about the excess right-of- way turn back for T.H. 55 and also the AT&T lease. He stated that Mr. Slater indicated that he has received no official request. Councilmember Huber moved to direct Administrator Batchelder to notify Mn/DOT in writing that Council by motion has requested that Mn/DOT commence action to turn back to the city the excess T.H. 55 right-of-way from Northland Drive to I-35E. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Councilmember Krebsbach stated that motorists are using Victoria Curve as a shortcut and it has become very dangerous. She stated that she recently saw a near-miss of a motorist who nearly hit two children who were walking along the road. She felt that a trail along Victoria Curve would alleviate the problems and avoid the potential for someone getting injured. Councilmember Smith responded that the problem is that the frontage road is a through street now rather than just a road servicing the neighborhood. Engineer Mogan was directed to prepare a report on the cost and feasibility of a pedway. ADJOURN Ayes: 4 Nays: 0 ATTEST: Charles E. Mertensotto, Mayor Page No. 30 July 2, 1996 There being no finther business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. TIME OF ADJOURNMENT: 12:45 o'clock A.M. kathleen M. Swanson, City Clerk