Loading...
1995-03-07 Council minutesPage No. 4316 March 7, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 7, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:37 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the regular meeting held February 21, 1995 with corrections. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move items f, West St. Paul Dispatch billing, k, Friendly Hills improvements, and n, List of Claims, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for February. b. Acknowledgment of the Treasurer's monthly report for February. c. Acknowledgment of the minutes of the February 8, 1995 Airport Relations Commission meeting. d. Acknowledgment of the Code Enforcement monthly report for February. e. Acknowledgment of a memo from the Treasurer regarding the Section 125 Flex Benefit Plan. f. Acknowledgment of a memo from Treasurer Shaughnessy regarding the 1995/1996 sewer utility budget and sewer rates. Page No. 4317 March 7, 1995 g. Acknowledgment of a sprinkling ban update from Public Works Director Danielson. h. Authorization for an unpaid 45 day leave of absence for Police Patrol Officer Roger Plath effective upon the depletion of his leave bank balances which is estimated to occur on March 15, 1995. i. Authorization for the issuance of a building permit to Energy Solutions International, 1385 Mendota Heights Road, for the installation of an exit door, an overhead door, and new aluminum store front system at the front entry. j. Authorization to retain Kevin Rupp, from Ratwik, Roszak, Bergstrom and Maloney, P.A., to represent the city in matters related to labor relations in accordance with Mr. Rupp's letter dated March 6, 1995 at a cost not to exceed $2,500. k. Acknowledgment of the minutes of the February 28 Planning Commission meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DISPATCHING Mayor Mertensotto reviewed a memo from Treasurer Shaughnessy regarding a billing from West St. Paul for 1994 dispatching services. He recommended that payment be withheld pending a meeting between the mayors and administrators of the two cities. He explained that the city cannot pass on to the cities served by police contracts a portion of the $12,000 increase in the billing over the amount budgeted in 1994. He informed Council that he would like to explore how much of the increase is being passed on to Mendota Heights as the result of police and fire dispatching being combined with South St. Paul. He recommended that the payment be removed from the claims list. Councilmember Smith moved to delete payment to the City of West St. Paul for dispatching services from the List of Claims and to approve the revised list of claims dated March 7, 1995 and totaling $129,212.20. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 FRIENDLY HILLS Council acknowledged the plans and specifications for Friendly Hills and surrounding area improvements, along with a memo from Engineer Mogan and proposed resolutions regarding plan approval and parking restrictions. Page No. 4318 March 7, 1995 Councilmember Smith stated that in reviewing the plans for the Friendly Hills improvements, she noticed that the last section of Decorah has been narrowed to 27 feet while the rest is 33 feet wide. She stated that the narrower section will not accommodate a path to like with Dodd Road and would not give the Friendly Hills community access to Mendakota Park. Engineer Marc Mogan informed Council that the Friendly Hills Task Force was concerned over vehicles speeding on Decorah and recommended that the section from Apache to Pueblo be narrowed, with no parking, as there are no homes fronting on that section of Decorah. He explained that a sidewalk could be built to MSA standards but the grades of Decorah are such that the area adjacent to the highway right -of -way falls off and filling would need to be done in the Mn/DOT right -of -way in order to get room to construct a walkway on the south side. He explained that there is a possibility of putting it on the north side but where the existing roadway is constructed and platted is not the same and the sanitary sewer is north of the platted center line. The new street is proposed to be offset in that location to provide room for the planned storm sewer. He explained that there will be a nine foot boulevard between the right -of -way line and the back of the curb. He stated that a five foot concrete walkway, which would qualify for MSA funding, could be installed. He stated that the Pagel Road walkway was planned to go north to Dodd, and there is a distance of 375 feet between Pagel and Decorah Lane. Mayor Mertensotto stated that adding the trail section would be desirable if it can be funded by MSA, and he suggested that Council could approve the plans and specifications and direct Engineer Mogan to work on adding the trail and submit it to Mn/DOT for MSA approval. Councilmember Krebsbach asked if the Pagel Road homeowners who would be affected by tree removal have been contacted. Public Works Director Danielson stated that the Haselburgers have not responded and the neighbor to the south was not concerned about losing the poplar trees. He stated that he will continue to try to contact Mr. Haselburger. Public Works Director Danielson informed Council that 8 foot wide trail sections are the easiest to maintain and he suggested that the section be constructed at eight feet wide until it gets near the last house, and that it be put against the curb at that point. Page No. 4319 March 7, 1995 Staff was directed to design and add the trail section, on the north side of Decorah, to the plans before submission for MSA approval. Staff was further directed to contact any affected home owners. There was brief discussion over parking restrictions on Decorah. Mayor Mertensotto suggested that the proposed resolution to ban parking between Apache and Pueblo be tabled for now and revisited before striping is done. Public Works Director Danielson responded that there must be a parking ban on one side of the street in order to gain MSA approval. Councilmember Smith moved adoption of Resolution No. 95 -11, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENTS TO SERVE FRIENDLY HILLS REARRANGEMENT, HASELBURGER ADDITION, SIMEK REARRANGEMENT AND SURROUNDING AREAS (IMPROVEMENT NO. 92, PROJECT NO. 6)," Resolution No. 95- 12, "RESOLUTION TO PARKING RESTRICTIONS ON DECORAH LANE FROM TRUNK HIGHWAY 149 TO APACHE STREET," and Resolution No. 95 -13, "RESOLUTION TO PARKING RESTRICTIONS ON DECORAH LANE FROM APACHE STREET TO PUEBLO LANE." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 BRIDGEVIEW SHORES TRAIL Council acknowledged a memo from Public Works Director Danielson regarding construction of a bituminous trail along Mendota Heights Road from the Bridgeview Shores neighborhood to Dodd Road. Council also acknowledged letters from Mr. & Mrs. Abu Islam, 810 Westview Circle, and Mr. & Mrs. Gary Ruhlmann, 816 Westview Circle, objecting to the trail. Mr. Islam stated that he found about the trail, proposed to built behind his house, last fall, and has sent several letters of objection to the city. He stated that if the trail is built where it is proposed, his family would lose its privacy, and his living room, dining room and a bedroom would be less private. He stated that the existing pine trees would not screen the trail. Mr. Islam stated that there is a trail on the other side of the street and he did not feel that the proposed trail would be of any benefit to the neighborhood. Mayor Mertensotto responded that the task force that worked on getting a traffic signal at the Dodd/Mendota Heights Road intersection recommended that a trail be constructed on the north side as well as the south side so that people from Bridgeview Shores do not have to cross Mendota Heights Road. He explained that the Page No. 4320 March 7, 1995 trail was in the plans when the project contract was awarded but Council asked the contractor to delay constructing the trail to allow Council to discuss the matter with the adjoining property owners. Mr. Islam stated that the trail would negatively affect his family's privacy and his property value, and that he would not have purchased the home if he had known about the trail. Mr. Ruhlman stated that bringing a trail to the intersection of Mendota Heights Road and Westview Terrace would be unsafe because it is a blind intersection. He explained that one cannot see the walkway coming out from Westview Terrace and the Mendota Homes project will bring traffic adjacent to Westview Terrace. He explained that the trees along Mendota Heights Road block the view of the intersection, and pointed out that people walk on the grassy boulevard now. Mayor Mertensotto suggested that the matter be referred to the Park and Recreation Commission for review at its April meeting and directed that the Commission notify Mr. Ruhlman and Mr. Islam and any other interested parties. SENIOR HOUSING Council acknowledged an update memo from Administrative Assistant Batchelder regarding senior housing. Ms. Kari Gill, Deputy Director of the Dakota County HRA was present for the discussion. Ms. Gill informed Council and the audience that the HRA is pursuing the top priority site selected by Council last spring, the South Plaza Drive site, and that if the agency can gain title control this spring, construction on the 40 unit senior housing facility will begin this fall and would be completed by the spring of 1996. She informed Council that a question has been raised on whether the HRA should consider more units, and stated that the agency only has funding for forty units at this time but if it can acquire additional property at this time there would be potential for future expansion. Mayor Mertensotto stated that based on the interest that has been expressed to Council, he did not think forty units will be enough. He asked whether the HRA will look at the alternate sites if it cannot locate all of the owners of the selected site. Mrs. Gill responded that it would probably have to look at the other sites. Councilmember Krebsbach commented that the South Plaza site is preferred but the complex is appropriate on either of the other sites if the preferred site cannnot be acquired. She asked whether the Page No. 4321 March 7, 1995 residential character of the project could be maintained if there were 50 units. Ms. Gill responded that it is a goal of the agency to have the senior housing complexes look residential. Mayor Mertensotto stated that Council is very interested in getting the project going and that the city will give the HRA whatever assistance it can. BJORKLUND DEVELOPMENT Council acknowledged a memo from Public Works Director Danielson regarding the proposed Bjorklund Development subdivision which had been discussed on February 7 and 21. Mayor Mertensotto stated that the Rolfs had not given consent to the project at the February 21 meeting. He informed Mr. Bjorklund that unless Council knows that the Rolfs are going to join in the project or grant the right-of-way to the city there is no reason to approve the plat. He asked if an agreement has been reached. Mr. Rolf responded that he and Mr. Bjorklund have a binding legal agreement on the right-of-way and that he and his mother consent to Plan E, which had been recommended by the Planning Commission. Mayor Mertensotto informed Mr. Rolf that Council ' will not condemn right-of-way, and further, that Council has made no commitments with respect to assessments against the Rolf property nor any commitment with respect to future development of the Rolf property. Mr. Dave Bjorklund, present for the discussion, stated that his preliminary plat is the same as it was on February 7. Mayor Mertensotto stated that there is no dedicated right-of-way extended to the Olin property, which forecloses connection of the Olin land to Lexington Avenue. Mr. E.G. Rued, planner for Mrs. Olin, asked if he is to assume that Council is going to approve the Bjorklund plan without 30 feet easement reserved to the Olin property. He stated that the Olins have no objection to the Bjorklund plan but they would like assurance that the city would approve a long 800 foot cul-de-sac for future development of their property. Mayor Mertensotto responded that what Council is in affect saying if it approves the plat is that the Olins would have no development option but the long cul-de-sac, although that is not in the best interest of the city in his opinion. He pointed out that the Olins do not have an application before Council so that Council cannot say that a long cul-de-sac will be approved, and that the Olins are not Page No. 4322 March 7, 1995 present to discuss the merits of the cul -de -sac. He stated that Council is possibly leaving the Olins with no option other than a long cul -de -sac. Mr. Bjorklund stated that with his plan approved as it is, it does not prohibit the other three property owners from creating a connecting street as a secondary outlet for the Olin property. Mr. Rued asked if the Olins should come before Council with a concept plan for their property and get something approved, so that the discussion is fresh in everyone's mind: Councilmember Smith asked what the time limit is on concept plan approval. Attorney Hart responded that he would research the time limit. Mr. Rued stated that the Olins do not object to the Bjorklund plan, stating that it is a good use of the land but he feels the Olin plan is better for the city and his client. Councilmember Krebsbach stated that in the Olin concept plan the lots would seem small for the amount of available acreage and that 12 lots is a higher density than she would be in favor of. Mr. Rued responded that the land is a fourteen acre site, giving a density of about one lot per acre, which is less than Bjorklund's plan. Mr. David Olin pointed out that the lots will depend on Orchard for access once the Bjorklund is approved. Mayor Mertensotto asked Mr. Bjorklund if he fully understands that the Rolfs have agreed to dedicate the right -of -way to the city and if for some reason that changes, the city is not going to condemn right - of -way. He informed Mr. Bjorklund that he will have to make sure that the right -of -way comes to the city. Mr. Bjorklund responded that he understands. Mayor Mertensotto informed Mr. Bjorklund that the city will possibly adopt a moratorium on developments with respect to preserving trees. Mr. Paul McGinley, representing Mr. Bjorklund, stated that he understands that the moratorium is worded such that it would require a permit from Council for tree removal for developments and a permit from staff for individual home sites. He stated that if this is Page No. 4323 March 7, 1995 how the resolution is worded, he would ask Council, if it approves the preliminary plat and the tree moratorium tonight, that approval of the preliminary plat serve as approval for the removal of the trees as shown on the grading plan. He pointed out that Mr. Bjorklund has also submitted a tree inventory. Administrative Assistant Batchelder stated that Mr. Bjorklund has submitted a detailed grading plan that shows the limits of the grading for the street. In addition to that, each individual house will also have to be excavated and graded, and the Planning Commission wants those areas marked and a conservation easement over the other areas of the property. He stated that there is some question over whether the conservation easement would be over the plat or individual lots. Mayor Mertensotto responded that the easement must be imposed on the plat for control. Mr. McGinley stated that the conservation easement was vague at the Planning Commission meeting. He stated that one of the Commission requirement was a covenant for no further division of the lots, and that was also confused with a slope protection easement. He further stated that it is clear in the ordinance that there 1 cannot be any development or grading or building on slopes of 18% or more. Mayor Mertensotto asked if there is any reason that the conservation easement could not embody the tree line so that there is no further development into the trees and also protecting the slopes. He stated that in the future someone may come in and say they can divide their lot into two standard lots. Mr. McGinley responded that if Mr. Bjorklund covenants the lots so that they cannot be divided, the issue is moot, as they can then never be divided. He stated that he is providing a grading plan that shows the tree preservation limits. With respect to the tree preservation easement issue, he stated that for Mr. Bjorklund to think ahead of time where he is going to restrict tree removal in the future would be impossible because the individual lots are not going to be graded now. Mayor Mertensotto asked what will happen when someone comes in to develop their lot and takes the trees out. He stated that the Planning Commission was concerned about the perimeter tree preservation, and if the conservation easement runs to the city it runs on the property until the city relinquishes it. Page No. 4324 March 7, 1995 Councilmember Smith stated that the grading plan only indicates the final grade and there have been instances in the past where developers end up with what's on the grading plan but in the process have decimated trees that were in place. Mr. McGinley responded that only those trees within the grading limits will have anything done to them - during the street and utility construction that is the only area where tree removal will take place. Mayor Mertensotto responded that Mr. McGinley should prepare one document, running in favor of the city, regarding slopes, prohibition against future development and perimeter tree preservation. He pointed out that if these issues are addressed as covenants the city has no control. City Attorney Hart stated that the city has no enforcement position with respect to covenants. Mr. McGinley informed Council that there are some areas on the perimeter of the property along Lexington that must be cleared because of utility construction and a detention pond, and those areas are shown on the grading plan. i Councilmember Krebsbach asked Mr. Bjorklund if he is planning to replant trees along Lexington. Mr.Bjorklund responded that the intent of the project was to limit the removal of trees, and almost all of the trees will be removed must be taken out because they are in the public right -of -way area or have to be removed for utility construction. He explained that it is his intent to keep as many trees as possible. Public Works Director Danielson stated that there is a plan that shows the trees that need to be removed. He pointed out that because the storm sewer must come from Lexington, some trees will need to be removed along Lexington. He stated that when feasibility study is done, staff will have to find the path that will cause the least environmental damage. Mr. McGinley reviewed a drawing (sheet C31) showing the tree protection limits around the cul -de -sacs and going down to Lexington between Lots 5 and 6 and around the detention pond along Lexington. He stated that he could place the same restrictions on Lot 4 but Lots 2 and 3 are more of a problem because he would not want to restrict the location of the houses on the lots. He stated that there would not be any objection to restricting removal of trees in the rear yard setback areas. Page No. 4325 March 7, 1995 Mayor Mertensotto stated that a conservation easement document will be required to protect the slopes and tree removal and to prevent future subdivision of the lots. He stated that the city needs an agreement from Mr. Bjorklund stating that he will grant the city a conservation easement to be worked out with City Engineering prior to final plat approval. Attorney Hart stated that the agreement will have to be worded to stipulate under what circumstances the property owners can do regular tree maintenance for diseased and dead trees, etc. Mr. McGinley reviewed the conditions recommended by the Planning Commission. He responded to the conditions as follows. Condition 1): a triangular of additional right -of -way on Lot 7 will be provided on the plat; 2) all sewer and water easements will be shown on the final plat; 3) drainage easement for the pond in the northeast corner will be shown on the plat; 4) a conservation easement document will be prepared; 5) slope protection easements will be shown on the plans; 6) the initial plan shows the grading for each site and each home site will be custom graded and a grading plan for each home will be provided; 7) rights -of -way will be 60 feet; 8) an agreement has been reached with the Rolfs with respect to right -of- way; 9) plans will reflect tree preservation measures, showing restricted areas where there can be no grading and thereafter the lots will be subject to the tree preservation ordinance; 10) an easement will be provided to restrict removal of any vegetation along Lot 4 to protect the lilac hedge; 11) the minimum front yard setback for Lots 5 and 6 will be established at the 100 foot width. Councilmember Krebsbach suggested that a twelfth condition be added with respect to replanting trees along Lexington. Mr. Bjorklund responded that there has been discussion about installing a storm water cross culvert to avoid having to disrupt some of the trees getting to the detention pond -part of the storm sewer system for the development would be connected at the cross culvert. Councilmember Krebsbach asked Mr. Bjorklund if he would agree to do more planting if the cross - culvert approach is not feasible. Mr. Bjorklund responded that he has not done a landscaping plan but he is going to add some trees to the site and would plant more in the area of the storm sewer line if the line must go to the detention pond. Page No. 4326 March 7, 1995 Public Works Director Danielson stated that Mr. Bjorklund is proposing a center island with a monument, and asked if Council would approve the proposal. Mr. McGinley stated that the center island cannot be shown on the final plat, but the 60 foot right -of -way will accommodate the island. Public Works Director Danielson responded that there must be at least ten feet of boulevard area behind the curb, and if that can be accommodated within the 60 feet, he would not have objection to the island. Mr. McGinley stated that if more right -of -way is required, there would be no problem dedicating it. Mayor Mertensotto cautioned that public improvements will not occur unless the right -of -way is granted by the Rolfs. Councilmember Smith moved approve the preliminary plan subject to the Planning Commission conditions and subject to the city obtaining a conservation easement from the developer to the city, to be reviewed by the City Attorney, covering slope easements and perimeter protection regarding grading and tree removal and further subdivision of the property, and further subject to the developer entering into a developer's agreement and conditioned upon approval by Dakota County. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CABLE COMMISSION Council acknowledged a memo from Administrator Lawell regarding a proposed resolution to approve the Citivision letter of agreement with Continental Cablevision and a proposed local city news program. Council also acknowledged associated newspaper articles and letters from NDC -4 Executive Director Jodie Miller. Ms. Miller and Mendota Heights NDC -4 Citizen Representative Mike Sokol were present for the discussion. Ms. Miller gave Council a brief history on the Citivision issue, stating that Continental Cablevision discontinued the Citivision channel two years ago and NDC -4 began negotiations with Continental at that time. She explained that the settlement involves Continental providing cash and other items that will assist NDC -4 in doing more with local programming. Mr. Sokol stated that representatives of the commission met with Continental to determine whether what was on Channel 43 met with the requirements of the cable ordinance regarding local origination programming. He stated that what the commission has gained is the ability to receive compensation so that it can utilize its facility to produce some programming that will be of local interest. He stated Page No. 4327 March 7, 1995 that the commission has no control over cable rates or extended levels of service, and he believes the settlement is a good compromise. Councilmember Huber, the Council representative to NDC-4, recommended approval of the settlement. Ms. Miller informed Council that the estimated revenue from the cable franchise fee for 1994 is $30,707 and that Mendota Heights comprises about 15% of the subscriber base. She stated that the NDC-4 must raise about $15,000 in start up Rinds for the local news program, and that the object of the local program will be to share and promote news that happens every day and is not in the media. Ms. Miller asked that Council authorize a rebate of a portion of the city's share of franchise fees specifically for use for the news program. She then showed a tape of a sample program. Mayor Mertensotto stated that the city's portion of the start up cost would be $2,271 and that if that amount is not sufficient, Ms. Miller could come back in the future. Councilmember Huber moved adoption of Resolution No. 95-14, "A RESOLUTION REGARDING ACCEPTANCE OF CITIVISION LETTER OF AGREEMENT BY AND BETWEEN THE NORTHERN DAKOTA COUNTY CABLE COMMUNICATION COMMISSION AND CONTINENTAL CABLEVISION OF NORTHERN DAKOTA COUNTY," and to approve release of $2,300 from the city's scheduled cable franchise fee payment to support the proposed local news show. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 T-BALL FIELDS Council acknowledged a memo from Administrative Assistant Batchelder regarding T-ball fields at Resurrection Cemetery, along with letters from the Mendota Heights Athletic Association and the Catholic Cemeteries and drawings showing possible use of cemetery property for T-ball fields. Several members of the athletic association were present for the discussion. Assistant Batchelder and Parks Project Manager Guy Kullander discussed the drawings and answered Council questions. Responding to a question from Councilmember Smith as to whether the proposed design for four fields with limited backstops and a pinwheel design would be safe, Mr. Kullander stated that it is a safe design as there are few foul balls in t-ball and the balls are soft. Councilmember Huber asked if two of the fields could be larger to be used for practice fields for older children. Page No. 4328 March 7, 1995 Mayor Mertensotto stated that two large fields and two small fields would make good planning sense even though the fields would be temporary, since the number of fields in the city is limited. Councilmember Smith stated that she is concerned about protecting the decorum of the cemetery. She stated that she appreciates making user the access to the fields is well signed so that there will be a minimum impact on the rest of the cemetery. Administrator Lawell stated that week end play was a concern as well as certain times during the day in the week. Mr. Kullander responded that it is his understanding that t -ball games start between 6:00 and 6:30 p.m. which would be outside of the time when funeral processions would be coming to the cemetery. Councilmember Huber cautioned the athletic association that coaches must realize that the cemetery will not want the fields to be used during the day. Councilmember Smith stated that she is also concerned about proximity of the fields to the water tank and the dirt and sand blasting which will be done on the tank. Public Works Director Danielson responded that the work on the tank is required to be done by 6 p.m. and should not affect t -ball. Mr. Kullander informed Council that the fields can possibly be constructed in April or early May and be ready for use this year. Mayor Mertensotto suggested that the fields be built to their maximum potential - if four bigger fields can be built, this should be done, otherwise two big and two smaller fields. Administrator Lawell stated that The Catholic Cemeteries will want to know the ages of the ball players. A representative of the athletic association responded that t -ball players are age 5 through 7 and coach -pitch players are ages 8 and 9. Mayor Mertensotto asked how the fields are proposed to be funded. He asked if the money that will be recaptured because the power lines at South Kensington Park are not being raised can be used for the fields. Assistant Batchelder responded that the soccer group is requesting that some of the money be spent on improvements at the South Page No. 4329 March 7, 1995 Kensington park. He explained that the referendum money is nearly gone and Special Park funds will need to be used. Councilmember Krebsbach asked how many years the fields can remain at the cemetery. Mr. Kullander responded that the Catholic Cemeteries indicated that it could be five to 20 years before they will need the land. Mayor Mertensotto stated that the city would have to enter into an agreement with Catholic Cemeteries. Councilmember Krebsbach stated that if the city is going to invest $20,000 in the fields she would like to have a sense of how long the fields can be used. She pointed out that Council must bear in mind the limited hours when it makes its decision on the investment and needs to know the minimum number of years the fields can remain. She felt that Council should be looking at more permanent fields and stated that she would like a minimum of five years in the agreement. Mayor Mertensotto stated that he would rather keep the agreement loose in order to expedite construction of the fields. Assistant Batchelder stated that staff will negotiate with The Catholic Cemeteries and that the athletic association has agreed to limit their use of the fields to evening hours. He stated that staff will bring back a proposed temporary use agreement on March 21. Councilmember Huber stated that he would like to proceed, and while he shares the concern over the financing, the fields are needed and he feels it would be a good investment. He stated that if The Catholic Cemeteries is agreeable to go ahead, he would like to see it done as quickly as possible so the fields can be used this year. Councilmember Smith stated that one of her concerns is that Council wishes to accommodate the community as best it can by providing the facilities but at some point Catholic Cemeteries will need the land and there is no guarantee there will be additional space in the community or funding available for fields. She cautioned the athletic association that they must recognize that the fields are not guaranteed forever. Mayor Mertensotto agreed and suggested that there will never be enough fields and some time there may come a point where day- time scheduling may need to be considered. Page No. 4330 March 7, 1995 A representative of the athletic association responded that the association is using 31 fields now and only 11 of them are Mendota Heights fields. Councilmember Huber moved to direct staff to prepare a site plan and temporary use agreement for review and approval on March 21 for four fields for use by youth aged five through nine and to authorize an expenditure of up to $20,000 from the Special Park Fund to pay for ball field improvements. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SOUTH KENSINGTON PARK Council acknowledged a memo from Assistant Batchelder regrading discussion of funds earmarked for power line raising at South Kensington Park. Ayes: 5 Nays: 0 Mr. Dave Libra, representing the Sibley Sting soccer organization, stated that at the time South Kensington Park was developed, $25,000 in referendum funds was earmarked for moving the power lines if necessary. He explained that last year was the first full year of soccer at South Kensington and although the power lines are somewhat of a problem, other improvements are more important, such as top dressing the fields, plantings to serve as a noise barrier along the freeway, and the need for youth nets and goals. The improvements would cost an estimated $15,000. He stated that he would like to see the facility completed so that it can be fully utilized and also to close the power line issue for good. Mayor Mertensotto stated that it seems to be good judgment to use the funds for the suggested improvements than to raise the power lines. Councilmember Smith stated that she supports completing the fields. She stated that she is glad that Mr. Libra stated that the $25,000 was earmarked for this priority item should it be necessary. She stated that the funding was not dedicated to this site but for this project and Council must take things in priority order for park referendum funds. Councilmember Krebsbach moved to approve completing the South Kensington Park project for and estimated cost of $15,000 to be funded by the referendum or special park funds if insufficient funds are available in the referendum monies. Councilmember Huber seconded the motion. Councilmember Smith suggested that when there are facilities for which certain groups have a proprietary interest, that the city Page No. 4331 March 7, 1995 contribute matching funds for improvements and the group raise matching funds where appropriate. FRIENDLY HILLS Council acknowledged a memo from Public Works Director WATERMAIN Danielson regarding the condition of the Friendly Hills watermains. Mayor Mertensotto stated that it would be proper to replace 900 feet of cast iron watermain where several breaks have occurred along Decorah, from Apache Street to Pontiac Place, with ductile iron pipe if funding is available. Treasurer Shaughnessy stated that the only possible source of funding would be the water revenue fund. Public Works Director Danielson stated that the cost estimate for replacing the section of pipe is $40,00 including compaction. He stated that affected property owners would be without water for possibly up to two days. Responding to a question from Mayor Mertensotto, he stated that the pipe is not failing because of soil conditions but rather settlement or rocks in the soil. He explained that there is no clear fault for the breaks. He stated that replacement of the watermain was not included in the project because of the cost. Mayor Mertensotto stated that the section of watermain fits within the St. Paul Water Utility replacement criteria and that St. Paul Water would replace it if it was in St. Paul based on the number of breaks. He pointed out that if the main was not replaced and there was a break after completion of the Friendly Hills project, it would damage the new street. Public Works Director Danielson stated that if funding is available, he would recommend replacing the main section since there have been an number of breaks and it fits within St. Paul's replacement criteria. Mayor Mertensotto responded that if it can be completed so that there are no severe settling problems and can be funded by the water fund, he thinks it would be appropriately done, especially if it can be done with parallel pipe to avoid homes being without water for more than a day. Engineer Mogan responded that there is some storm sewer that needs to be installed on the north side of the centerline and if another water line is added, it will have to go in the right -of -way. He explained that there are some space constraints to address if another line is installed and he did not think there is room on the north side. Mayor Mertensotto suggested that Council establish a Planning Commission hearing on the proposed tree preservation ordinance for public hearing on March 28, and that perhaps the Commission should hold a public hearing on the athletic stadium amendment in April and that the amendment for industrial construction be considered by the Commission at a later date. He did not think that the Commission should conduct a hearing on the tree preservation ordinance on the same evening that hearings are conducted on the two amendments. Councilmember Smith suggested that Council members should make their input known to the Commission before the issues go to public hearing. She stated that she would like the athletic stadium issue to come before the Commission as soon as possible. Page No. 4332 March 7, 1995 Public Works Director Danielson stated that he thinks it would be Ayes: 5 difficult to convince St. Paul Water to put the main on the other side Nays: 0 of the street but that he thinks it can be installed fairly close to the existing line. Councilmember Smith moved to authorize the replacement of the cast iron pipe from Apache to Pontiac on Decorah with ductile iron pipe if it is feasible, funding to come from the water revenue fund. Councilmember Huber seconded the motion. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 TREE PRESERVATION/ Council acknowledged a memo from Assistant Batchelder regarding ZONING ORDINANCE the Planning Commission draft of a tree preservation ordinance and proposed resolution establishing a tree removal moratorium. Council also acknowledged memos regarding proposed Zoning Ordinance amendments relating to athletic stadiums and industrial and business zone building construction requirements. Mayor Mertensotto suggested that Council establish a Planning Commission hearing on the proposed tree preservation ordinance for public hearing on March 28, and that perhaps the Commission should hold a public hearing on the athletic stadium amendment in April and that the amendment for industrial construction be considered by the Commission at a later date. He did not think that the Commission should conduct a hearing on the tree preservation ordinance on the same evening that hearings are conducted on the two amendments. Councilmember Smith suggested that Council members should make their input known to the Commission before the issues go to public hearing. She stated that she would like the athletic stadium issue to come before the Commission as soon as possible. Councilmember Krebsbach moved to refer the athletic stadium amendment to the Zoning Ordinance to the Planning Commission for public hearing in March. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 Councilmember Krebsbach moved to refer the tree preservation ordinance back to the Planning Commission for public hearing in April and to refer the proposed amendment for building construction in the industrial and business districts to the Planning Commission for hearing when the Commission schedule allows. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 TREE MORATORIUM Council briefly discussed the proposed resolution to establish a tree removal moratorium. Page No. 4333 March 7, 1995 After discussion, Councilmember Krebsbach moved adoption of Resolution No. 95-15, "A RESOLUTION ADOPTING A TREE REMOVAL MORATORIUM," revised to add a sub-section on diseased trees in the exceptions section and to add that there will be no fee attached to applications for permits, effective immediately and until September I or until a tree preservation ordinance is adopted. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 COUNCIL COMMENTS Administrator Lawell informed Council that the police department labor representative has indicated that the officers have accepted the terms of the police labor agreement. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:37 o'clock A.M. ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto Mayor