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1996-06-18 Council minutesPage No. 1 June 18, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 18, 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 Huber, Koch and Smith. Councilmember Krebsbach had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the - regular meeting held June 4, 1996 as amended. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 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 June 11, 1996 Parks and Recreation Commission meeting and direction to staff to notify all commissions that Council values their input and any decisions which are contrary to a commission recommendation are not for lack of findings but rather because Council is responsible as elected officials andlmust exercise individual judgment. b. Acknowledgment of the Fire Department monthly report for May. c. Acknowledgment of the Treasurer's monthly report for May. d. Acknowledgment of a "Spring Clean-up Day" summary report. Page No. 2 June 18, 1996 e. Adoption of Ordinance No. 308, "AN ORDINANCE AMENDING ORDINANCE NO. 233 IN ITS ENTIRETY AND ESTABLISHING SALARIES FOR THE MAYOR AND CITY COUNCIL," the salaries established at $375 per month and $250 per month respectively. f. Approval for the police department to purchase two Motorola Spectra A -5 mobile radios from Bear Communications for a total cost of $4,026.49 under the state purchasing contract. g. Approval of the appointment of Michael L. Thompson, John A Larrive and Robert M. Lambert as probationary police officers. h. Acknowledgment of quotes received for the 1996 tree planting program and award of a contract to Greenworks, Inc., for its low bid of $17,000. i. Authorization for staff to solicit bids for a GIS computer system. Adoption of Ordinance No. 309, "AN ORDINANCE PROHIBITING PARKING ON THE NORTH SIDE OF SOUTH PLAZA DRIVE, BEGINNING AT DODD ROAD AND EXTENDING 100 FEET EAST, AND PROHIBITING PARKING ON THE SOUTH SIDE OF SOUTH PLAZA DRIVE, BEGINNING AT DODD ROAD AND EXTENDING 20 FEET EAST." k. Acknowledgment of a memo from Recreation Programmer Esser regarding reimbursements to 1995 softball teams for unused umpire fees, and authorization for refund subject to notice to the applicants that the refund is available upon receipt of an application for refund from the each team. 1. Authorization for the execution of "The Contract for Private Development" between the city and Tuthill Corporation (TIF) m. Authorization for staff to solicit bids for 1996 seal coating. n. Approval of the list of contractor licenses dated June 18, 1996 and attached hereto. o. Approval of the List of Claims dated June 18, 1996 and totaling $105,026.66. Page No. 3 June 18, 1996 p. Authorization for the purchase of a Chevrolet Caprice cruiser from Polar Chevrolet at the state contract bid price of $17,979 and a Ford Taurus unmarked squad for $16,500, with a cap of $28,000 in total cost after trade or sale of the vehicles being replaced. p. Acknowledgment of a memo from Administrator Batchelder regarding a request from the Mendota Heights Athletic Association to reserve Mendakota Park for a regional AAU baseball tournament on June 23 and 24, along with a request from MHAA that the city fence off the entrance points to the ballfield facility because they wish to charge admission to the tournament. Approval to allow the AAU to conduct the tournament and that the city charge the AAU $75 /per parks employee for a two hour period for general cleanup and referral of the fencing issue to the Parks and Recreation Commission. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 COUNCIL COMMENTS Regarding the MHAA baseball tournament fencing request, Mayor Mertensotto pointed out that the park is public property and as such there are problems that would be associated with allowing groups to charge admission. He felt that the Parks and Recreation Commission should review the fencing issue before any action is taken by Council. He further stated that he would not want to set a policy on cordoning off the public fields to keep people out because an organization wants to charge a fee to an event. Mayor Mertensotto informed Council that he has received a call from a home owner just north of the boundary line for the middle school who had asked the school's construction contractor about tree removal from the site and who was informed that all of them are to be removed. He stated that removal of the trees would naturally upset people who sat through the Council discussions over development of the property. He informed Council that the home owner has set up a meeting with school district representatives for Wednesday evening and has invited Council to attend. He asked Public Works Director Danielson to attend the meeting to review what Council has approved. CASE NO. 96 -16, STOVERN Council acknowledged a memo from Administrative Intern Hollister regarding continued discussion on an application from Mr. Timothy Page No. 4 June 18, 1996 Stovern for a wetlands permit to allow installation of a fence for Mr. & Mrs. Rosenblum, 2277 Copperfield Drive. Mr. Stovern was present for the discussion. Mayor Mertensotto stated that it appears that there is a fence in a back yard along the pond that goes right up to the pond, but Mr. Stovern is proposing to install the fence 25 feet from the pond, which would allow passage along the pond. He asked whether the 25 foot setback should be the standard or how far Council should allow fences to be set back from the scenic easement. Public Works Director Danielson responded that in this case the scenic easement area is open so passage would be possible, but in other cases there could be heavy vegetation. Mayor Mertensotto felt that the standard should be at least four feet from the easement. Councilmember Smith stated that the last matter than came before Council was a different request for a passage way but she did not believe it is the city's obligation to require a passage way on private property. She stated that Council is dealing with the wetlands permit application, which involves just a review of the proposal for impact on the wetlands or on the habitat of the area around the wetlands. She further stated that Council is also dealing with the scenic easement issue and Council is charged with protecting that. She felt that it is possible that there may also be some restrictive covenants on fencing around the pond and suggested that Mr. Stovern review the property title. Councilmember Koch moved adoption of Resolution No. 96 -39, "A RESOLUTION APPROVING A WETLANDS PERMIT FOR 2277 COPERFIELD DRIVE." Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 MENDAKOTA FENCE Council acknowledged a memo from Public Works Director Danielson regarding a request from Mendakota Country Club for approval to complete part of the Phase II fencing plan approved in a conditional use permit amendment in 1989. Mr. Bill McKinnis and Mr. Terry Fenlon were present to represent Mendakota. Mayor Mertensotto stated that his only concerns is that when the original application for fencing was present, galvanized fencing was proposed along most of Dodd Road. At that time Council asked that Page No. 5 June 18, 1996 fencing be kept uniform, and although colored vinyl fencing looks nice new it becomes more visible as a fence as it ages than galvanized does. He asked why Mendakota is proposing black vinyl clad fencing. Mr. McKinnis responded that galvanized was installed in 1989 in response to Council's request but Mendakota had asked for green vinyl clad at that time. He stated that the current request is for brand new fencing, as no fence existed along Dodd Road prior to 1989. Mr. Fenlon stated that Mendakota's Board expedited the request for fencing for safety reasons and does not want it to look like a prison yard but rather wants something that would look more elegant for the country club. He stated that the fire station breaks up the existing fence and what is currently proposed. Responding to a question from Mayor Mertensotto over the fence height, Mr. McKinnis stated that the fence will be six foot tall, but where it will be staked out it will be a net five foot high fence. He explained that the fence will be fifteen feet from the Mendakota Drive curb. With respect to vinyl coated fencing, he stated that the proposal is for 9 gauge black vinyl coated fencing, and that vinyl coated fencing which has faded is typically the older powder-coated fencing. He explained that the coating process has improved considerably and that Mendakota wants to install a fence with will look good for a long time. Mayor Mertensotto stated that Mendakota is asking for an amendment to its PUD to use black vinyl coated fencing in lieu of galvanized and for a permit to install only a portion of the second phase of fencing. Mr. McKinnis stated that the fence is needed for safety and also to keep children from coming onto the property and stealing balls. He informed Council that Mendakota will have to pay over $6,000 for this part of the fence. Mayor Mertensotto asked about the small sign at the entrance to the club, stating that authorization had been given for a larger sign and people have difficulty finding the club. He further stated that he has been told that someone at Mendakota has told people that the city would not allow a larger sign. He also asked that the downed trees, etc. on the property be cleaned up. Councilmember Smith stated that she likes the appearance of the black vinyl fencing at St. Thomas Academy fencing and would be Page No. 6 June 18, 1996 willing to take the chance that the product has improved over the years. She further stated that she likes the open look along Dodd and would like to leave it open. Councihmmber Huber moved to approve an amendment to the Mendakota Country Club conditional use permit to allow the installation of black vinyl clad fencing along Mendakota Drive on Mendakota Country Club property, on the property line fifteen feet back from the curb. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MANNA FREIGHT Council acknowledged a memo from Administrative Intern Hollister regarding continued discussion on an application for building permit from Manna Freight for construction of a warehouse on Enterprise Drive immediately east of the BDS facility. Mr. Randy Geisen was present on behalf of Manna Freight. Mr. Geisen reviewed revised plans and described the changes which have been made since the June 4 meeting. The changes he reviewed included: moving the parking lot and sidewalk back at the front of the building to allow for more landscaping; the sign design has been changed to a hoop sign to conform to the United Properties sign plan, and the sign is proposed to be located 20 feet from the property line consistent with United Properties' sign plan. Mr. Geisen stated that the landscaping plan has been upgraded, but United Properties has asked that something other than pin oak and maple be used because they are high maintenance. He informed Council that what is still unresolved with United Properties is the front entrance, and United Properties has also taken exception to grass seed in the railroad right -of -way and pipeline easement and has asked that the areas be sodded. Responding to a question from Mayor Mertensotto, Mr. Geisen stated that United Properties and the owner of Manna Freight have not agreed upon the changes in the design of the front entrance. Mayor Mertensotto asked what changes have been made to improve the building design. Mr. Geisen responded that on June 4 Council asked for more architectural detail on the front of the building and that the exterior ladder be removed. He stated that the city staff has determined that the building code requires the ladder, but he questioned why a ladder is required if there is no rooftop equipment. He further stated that he Page No. 7 June 18, 1996 interprets the staff memo to mean that there must be a ladder but that it does not have to be on the outside of the building. Public Works Director Danielson stated that it is the understanding of the city's code enforcement officer that the heating system which is proposed for the building will require valves and pipes on the roof of the warehouse. He informed Council that if there are valves and piping on the roof, access by means of a ladder is required by code. Councilmember Smith stated that the matter is a code issue and Council cannot make the determination - the code enforcement staff must make the determination on need - but that Council has indicated that it would not approve a building permit if an exterior ladder is in the design. She stated that Council is not requiring anything above what the code requires, but, in terms of design, will not approve a permit with an exterior ladder. Mr. Geisen responded that two interior ladders would then be required, one to each roof, at a cost of an additional $4,000. Councilmember Smith stated that she would like to hear United Properties' comments about the entrance and that she would also like to see the final plan for the entrance if what has been submitted is not final. Manna Freight's vice president, present for the discussion, responded that United Properties' problem is the difference between the width of the columns and the height of the roof. He explained that United Properties wants Manna to increase the height of the roof, and stated that he does not see that modification as a problem since it would not add significant expense. He informed Council that the window detail has been revised quite a bit. Mr. Geisen stated that the entire front of the building is being redesigned but that design has not been agreed on yet. It was the consensus of Council that Manna should get endorsement from United Properties and then come back before Council for review of the total package, including the landscape plan. Councilmember Huber moved to accept a request from Manna Freight to continue the matter for further consideration at such time as the applicant is ready to proceed. Councilmember Smith seconded the motion. Ayes:4 Nays: 0 Page No. 8 June 18, 1996 PUBLIC COMMENTS Mrs. Laurita Weinzettel and Ms. Laurie Weinzettel were present regarding the condition of the former fire station site. Mrs. Weinzettel stated that the property is full of weeds that do not get cut and the neighboring property looks like a slum. She showed pictures of the properties and asked that the fire station site be sodded and maintained. Mayor Mertensotto stated that Mrs. Weinzettel's complaint is legitimate and that the property should be put on a regular maintenance program. Responding to a question from Councilmember Smith about everything in the rear of the neighboring property, Mrs. Weinzettel stated that Mr. Kirchner leases the lower level to a landscape contractor. She stated that the curb has never been fixed and the fence should be repaired because the landscape contractor keeps knocking it down with his trucks. Mayor Mertensotto directed Public Works Director Danielson to prepare a restoration and maintenance plan for the city's lot. DAKOTA BANK/ SUPER Council acknowledged a memo from Public Works Director AMERICA Danielson regarding proposed development agreements and TIF developer's agreements for the Dakota Bank/SuperAmerica projects and numerous attachment memos. Mr. John Seidl and Mr. Jack Boarman were present to represent Dakota Bank, and Mr. Mike Cronin and Mr. Dave Childs were present on behalf of SuperAmerica. Mr. Scott Williams, from Delta Environmental, SuperAmerica's environmental consultant was also present on behalf of SA Mayor Mertensotto stated that if the city were not putting any money into the project, Council would just tell the developers to meet city codes and whatever the Pollution Control Agency requires for compliance for site clean-up. He stated that he has two concerns - remediation of pollution and ownership of the bank. He pointed out that the city is being asked to contribute one half million dollars of tax increment financing for site work and building a roadway. He stated that Council did not opt to have some kind of pumping facility on the corner of a very prominent intersection for fifteen to twenty years. He asked what SuperAmerica proposes to do, and what a pumping facility is proposed to look like if SA is proposing a pumping facility. Mayor Mertensotto stated that his concern over bank ownership is that Council has made only two exceptions to its policy of no Page No. 9 June 18, 1996 transfer of ownership in TIF projects - in one case United Properties was the developer for an owner and the other was for estate considerations. He stated that in this case if a transfer occurred in the future, the TIF money would be used to enhance market value. He stated that Council does not want to get into the situation where the city would be enhancing the market value of property by pay as you go TIF. He stated that while it may be common that there are bank transfers and mergers but he does not wish to deviate from the no transfer policy. Mr. Seidl responded that he does not have a problem with the transfer other than how it is going to be defined. He stated that the only thing that makes sense to him is the land use, and if the land use changes it would be a transfer. He stated that a bank acquisition is much different from a real estate transaction, and transfer of ownership needs to be defined. Mayor Mertensotto stated that he has no problem defining what the total development is - it is a bank facility on a certain square footage of property. He further stated that Council knows that the transfer of the SuperAmerica site from the bank to Super America will be done, but that what he is concerned about is transfer of ownership of bank during the time that the TIF notes are in affect. Councilmember Smith stated that she would have no problem with a transfer within the Dakota Bank organization, but if the bank is sold to another bank and the facility continues to be used as a bank, it is still a transfer. She felt that only an internal transfer would be acceptable. Mr. Seidl responded that Dakota Bank could own the land and sell the facility - and that he feels that land use is the test. Mayor Mertensotto responded that Council established the no transfer rule because TIF increases the market value of the property by public financing. He stated that once a building is constructed on the land it becomes real estate. Councilmember Smith stated that if Dakota Bank owns the land and leases the building to another bank, there would not be a transfer of real estate. Mayor Mertensotto stated that the use of the facility is controlled by the conditional use permit. He felt that Council has to know what transfer is contemplated. He stated that generally if there is a Page No. 10 June 18, 1996 merger, there is a change of ownership, and if the ownership changes the TIF would be forfeited. Mr. Seidl responded that he wants to know that if he buys out a partner he does not lose the TIF. He stated that he can live with the agreement regarding transfer but wants to be put on record that internal shifting can occur. Mayor Mertensotto stated that the rule is that there be no transfer of ownership. Mr. Seidl informed Council that the tenant on the site has agreed to move on July 15. Mayor Mertensotto stated that the Tax Increment note has a starting date and an ending date for the final year of the TIF District. Treasurer Shaughnessy stated that the district ends in 2006, and that TIF for the project would begin when the certificate of completion is issued by the city's code enforcement officer. He stated that the city would pay the present value at 8% of the future increment only as the increment is collected, and that the Revenue Note states that the increment is paid as the taxes are paid on the building. He pointed out that the note says 9% of market value but should say 8 %. Mr. Cronin stated that SuperAmerica proposes to put the remediation facility to the rear of the trash enclosure. He explained that it will be the same brick as the trash enclosure and the same height and it will be buffered by the building and by the pine trees. He informed Council that the structure will not be in the front yard and will not be seen because the trash enclosure will be in front of it. Mr. Williams informed Council that the main problem with remediation of the site is the depth the contaminates have reached. He stated that the magnitude of the contamination in the worst area has been determined but not the vertical area. Mayor Mertensotto stated that Council does not know the depth or extent of the contamination. He asked if remediation can be done from one pumping station or if SuperAmerica will say in the future that the contamination extended further north than anticipated and another station is needed. Mr. Williams responded that remediation is Minnesota is determined by the risk to potential receptors. He drew a sketch to illustrate a cross section view of the existing store and underground storage site. Page No. 11 June 18, 1996 He explained that a release travels straight down through pure sand and as it hits clay it will change direction but still go down. He stated that the water table at this site is at about 22 feet. He explained that when petroleum products reach the water table they tend to stop, but there is always a gradient where it flows to, and in this case it is to the south. He stated that the water table fluctuates with the seasons and contamination spreads. In this site, the contamination is below the water table, and 95 gallons of petroleum have been bailed out of the well since November. He informed Council that contaminates have been found at a depth of 36 feet, and to dig it out, over a 100 foot section, excavation would have to be stepped down. He stated that at 15 feet down, the backhoe would be underground to dig down to the next step, and that tens of thousands of tons of soil would have to be moved to get to the smear zone. He stated that excavation would be very close to T.H. 110. Mayor Mertensotto stated that there is a smear zone at 36 feet and it may be off the property. He asked Mr. Williams how the contaminate will be removed. Mr. Williams stated that there is no way to excavate without tearing out part of the highway. He explained that any action taken to ( j remediate would be weighed against the risk to receptors, which are buried utilities, basements, any buried structure, surface waters that the ground water directly goes to. He stated that if it is unlikely that the receptors will be impacted, it is less like that the PCA will require remediation, and there is the possibility that it could be allowed to remain and be monitored. He stated that SuperAmerica will not install a pumping station if natural attenuation will take care of the problem. He stated that it may be required that there be a monitoring well between the site and the pond behind City Hall, in which a device would be lowered to sample the water. Councilmember Smith stated that the Dakota Bank is requesting approval for residential lots. She asked if there would be a risk to those lots if there is a southward migration. Mr. Williams responded that the southern extent of the contamination has been defined. Councilmember Huber asked when Mr. Williams will be in a position to make a recommendation. Mr. Cronin responded that the recommendation will come when closing occurs on the property. He informed Council that Delta Environmental will design and determine the clean -up program. Page No. 12 June 18, 1996 Mr. Williams informed Council that he will need to see the letter from the PCA which stated why the PCA did not accept the remediation plan of the prior owner. He stated that Super America will contract with Delta to develop a remediation plan and SA will submit the plan to the PCA. Acting City Attorney Michael Duffy stated that the city would accept that SA would be getting a site closure letter or no further action letter from the PCA. He stated that if there is a petroleum contamination, the safer action would be to get a site closure letter, but the agreement only speaks to remedial action design. He explained that the plan would have to be approved by the PCA, and the PCA would review the results and if it is determined that the site is clear would issue a closure letter. He pointed out that the developer's agreement does not state that the city will be given that information. Mayor Mertensotto responded that a provision should be added to the developer's agreement to require the city be given a copy of the site closure letter from the PCA. Responding to a question from Mayor Mertensotto on why the SuperAmerica plan shows a remediation structure, Mr. Cronin stated that the plan needs to show where the facility would be and what it would like in the event that it is required. Mr. Williams informed Council that if a pumping and treatment system is needed, there would be a discharge that would be governed by an NPES permit and MCWS permit, and both require minimum clean up standards that must be met on a monthly basis. Mayor Mertensotto stated that he would like a provision added to the agreement to stipulate that SuperAmerica provide the city with any information it provides to the regulatory agencies. Councilmember Smith stated that she realizes that it is the MPCA that governs what the remedial action is and the city's involvement might be limited to the enclosure and perhaps the placement of the monitoring wells. She stated that Council would appreciate being kept informed on progress but the clean up action plan and the actual clean up on the site are out of Council's jurisdiction. Mr. Cronin responded that the developer's agreement repeats all of the conditions of the conditional use permit and references all of the current plans, including those shown tonight. Page No. 13 June 18, 1996 Mayor Mertensotto pointed out that the design of the sign is still open. Mr. Boarman stated that the final survey for the final plat has been. circulated to all parties and he would like a clarification. He stated that the bank is requesting that the highway right of way parcel be turned over the bank and included in the final plat. Public Works Director Danielson responded that it is actually a piece of right of way that was platted by Mr. Curley, and is city right of way - Mn/DOT has never owned it. Mayor Mertensotto stated that the right of way should be left out, as the city is looking at extending the new roadway past the bicycle shop and to the homes to the east. He asked how soon the bank proposes to get underway. Mr. Seidl responded that his goal is to develop a grading plan for the entire site, and hopefully the city will construct the road this year. He stated that he may ask for a foundation this fall but at the latest will begin construction next spring and occupy the facility in the fall. It was the consensus to place a revised site plan and development agreement and revised contract for private development for TIF early on the July 2 agenda. Direction was given to revise the paragraph on permitted transfers, to add a provision on pollution and monitoring information, to correct exhibit "c" to "e" on page four; revision to the definition of developer; and to attach all exhibits. RECESS Mayor Mertensotto called a recess at 10:15 p.m. The meeting was reconvened at 10:22 p.m. MSP MITIGATION Council acknowledged a memo from Administrator Batchelder regarding MSP Mitigation Committee discussions along with the proposed "Airport Noise Mitigation Position Statement." After brief discussion, Councilmember Huber moved to accept the recommendation of the Airport Relations Commission and approve the Air Noise Mitigation Statement along with direction to staff to forward the document to the members of the MSP Mitigation Committee. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Page No. 14 June 18, 1996 Council directed that copies of the statement be made available at City Hall for anyone who would like one and to submit copies of the document to the press. STREET REHABILITATION Council acknowledged a memo from Civil Engineer Mogan regarding preparation of a feasibility report for 1997 street reconstruction. Engineer Mogan recommended that the Bunker Hills area be selected as the next area to be considered for reconstruction. Councilmember Koch moved adoption of Resolution No. 96-40, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IN THE AEA REFERRED TO AS BUNKER HILLS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS, SOMERSET HILLS #2, AND VALLEY CURVE ESTATES." Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Staff was directed to send hearing notices well in advance if the feasibility hearing is proposed to be held during the summer months. BALLFIELDS Mayor Mertensotto stated that the ballfield lights task force was initiated as the result of a request from the Mendakota neighborhood to be brought into the discussion over lights. He informed Council that the matter will be on the July 2 Council agenda. Administrator Batchelder informed Council that the subcommittee of the Parks and Recreation Commission decided that it did not want to have another task force meeting but rather that the findings be sent to the members of the task force. Mayor Mertensotto stated that it seems that the focus has come to the highway right-of-way north of T.H. 110, and his concern is that he feels that an athletic facility would be a misuse of that land. Councilmember Smith agreed, stating that ballfields are not the highest or best use for the property but she would be willing to look at ballfields as an interim use without bringing them into the park system. She stated that she would like to make inquiry of Mn/DOT about city use of the property. She pointed out that Council has also talked about using the right-of-way for frontage road realignment. She felt that Council should start exploring potential use of the property. Mayor Mertensotto stated that he has reviewed a letter from Resurrection and does not think the cemetery property is a viable Page No. 15 June 18, 1996 option for fields. He stated that the city has very limited options for fields and that the only land that is available in the city would be the Tousignant property on Mendota Heights Road. He stated that if there is a problem with under usage of the existing fields Council needs to get a better handle on utilization. He stated that someone other than the athletic association must substantiate that the MHAA has a shortage of field scheduling. Councilmember Huber agreed. He also asked Administrator Batchelder to generate a list of ball fields in the metro area that have lights. Mayor Mertensotto stated that the city needs to get specific information from an independent source on whether the fields are underutilized or not. He pointed out that when the new middle school opens there may be some additional fields available. Councilmember Huber suggested that the school district be contacted to get there expectations on what the availability of the fields will be. COUNCIL COMMENTS Councilmember Koch stated that she agrees with Councilmember Smith's earlier comments that she would not like Council to adopt a requirement that fences be four feet from the scenic easement area in Copperfield. She stated that the area up to the easement is private property, and she asked for clarification that Council did not, in the Stovern discussion, agree to four feet as a standard. She stated that she would not agree to establishing that standard. Mayor Mertensotto stated that he had said in the discussion that there should be at least a minimum of four feet because that would permit passage. Councilmember Koch responded that she would not feel comfortable telling people that Council wants a minimum of four feet of clearance so that other people could pass across their private property. Councilmember Smith agreed, stating that she could not support four feet as a requirement. COUNCIL COMMENTS Councilmember Koch stated that she has received a call from a resident who stated that there have been many near collisions when people try to pull out on Dodd at First Avenue because of a large hedge that blocks visibility. She asked that staff look into the matter. Page No. 16 June 18, 1996 Councilmember Smith asked when the final lift of bituminous will be installed on the Friendly Hills streets. Public Works Director Danielson responded that the general contractor is waiting for the landscape contractor to complete his work. Mayor Mertensotto stated that a child was recently hit by a vehicle directly across from the ballfields on Marie. He stated that many children live in the area, and since the city put a blacktop ramp to lead up to the curb, a pedestrian crossing should be painted on the street and there should be no parking within 100 feet of the crossing. Mayor Mertensotto informed staff on potholes on Lake Drive near St. Thomas. Councilmember Huber gave Council an cable communications commission update. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ATTEST: Charles E. Mertensotto Mayor TIME OF ADJOURNMENT: 11:03 o'clock p.m. thleen M. Swanson, City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL Asphalt Contractor License Arden Griepp & Sons Blacktopping Inc. Cement/Masonry-contractor License A & B Cement Construction Hicks Concrete Inc. Dan Wille Construction Al Sandeen Concrete & Masonry Excavating Contractor License Don Wayne Excavating Gas Piping Contractor Gord Air Heating & A/C ( j SVAC Contractor Gord Air Heating & A/C General Contractor License Klodt Inc. M.F. Fleischhacker, Inc. Drywalll tucco Contractor License Chris Brown Drywall