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1995-06-20 Council minutesPage No. 4437 June 20, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 20, 1995 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, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular meeting with corrections. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item e., Miller condemnation award, and item g, dispatching services cost arrangement to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the June 13, 1995 Park and Recreation Commission minutes. b. Acknowledgment of the Fire Department monthly report for May. c. Acknowledgment of the unapproved minutes of the April 5, 1995 NDC -4 meeting and the May 3, 1995 Executive Committee meeting. d. Acknowledgment of the Treasurer's monthly report for May. e. Approval to issue a building permit to United Properties Contract Management for remodeling tenant space at 1355 Mendota Heights Road, Suite 139, in accordance with a memo from the Code Enforcement Officer dated June 14. Page No. 4438 June 20, 1995 f. Authorization to issue tree removal permits to Donald Stein, 1033 Mayfield Heights Lane and Mr. & Mrs. Richard Askler, 1037 Mayfield Heights Lane, in accordance with the Code Enforcement Officer's memo dated June 15. g. Acknowledgment of the 1995 Association of Metropolitan Municipalities Legislative Summary. h. Acknowledgment of an update on the proposed July 4th fireworks at Mendakota Country Club, and direction to staff to track all city costs for development of a fee schedule for future fireworks permits. Adoption of Resolution No. 95 -25, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)," with direction to revise the proposed developer's agreement to add landscaping provisions for Ivy Lane. j. Approval of Supplement 3 to the existing Cooperative J Agreement for the Dakota County Community Development Block Grant Program, and authorization for its execution by the Mayor and City Clerk. k. Approval of the list of contractor licenses dated June 20, 1995 and attached hereto. 1. Approval of the list of claims dated June 20, 1995 and totaling $439,532.02. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MILLER CONDEMNATION Council acknowledged a memo from Public Works Director Danielson regarding the Commissioners' award in the Eric Miller easement condemnation. Mayor Mertensotto stated that he did not feel the city should spend any more money to appeal the award, commenting that the property owner needed the Ivy Falls Creek improvement more than any other property owner. He stated that although the Commissioners' award of $8,059 exceeds the city's appraised value for the drainage Page No. 4439 June 20, 1995 easements, the city has also incurred costs for the appraisal and Commissioner fees. Councilmember Huber moved that Council accept the Commissioners' award and affirm the Council's position to express no intent or desire to appeal the award. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 DISPATCHING SERVICE Council acknowledged a memo from Administrator Lawell regarding West St. Paul dispatching billing, along with a letter from Administrator Lawell to West St. Paul City Manager Bill Craig summarizing a proposed agreement on costs and service. Mayor Mertensotto reviewed the memo and informed Council on discussions he and Administrator Lawell have had with West St. Paul representatives with respect to entering into a fixed cost dispatching arrangement. Councilmember Krebsbach moved to enter a fixed cost arrangement for dispatching services authorize settlement with the City of West St. Paul for 1994 and 1995 as outlined in the letter to Mr. Bill Craig dated June 6, 1995. Councilmember Smith seconded the motion. Ayes: 5 Nays:0 ENGINEERING AIDE Council acknowledged a memo from Public Works Director Danielson requesting approval to hire Derrick Anderson as a temporary engineering aide. Mayor Mertensotto asked why an engineering aide is needed in addition to Tony Fotsch. Public Works Director Danielson responded that this is a particularly busy summer and two aides are necessary over summer, especially with the curb and gutter set to begin in Friendly Hills. He also informed Council that Tony Fotsch will only be working until mid - August and someone must be available through the fall months. He explained that the length of time Mr. Anderson will be needed will depend on what projects are going on in the fall, and if the Curley street project is ordered he hopes that surveying will occur in October and November. Councilmember Smith moved to authorize hiring Derick Anderson immediately as a temporary engineering aide at an hourly rate of $9.50, effective until November 15, 1995. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 4440 June 20, 1995 BUROW FARM Council acknowledged a memo from Administrator Lawell regarding proposed acquisition of the Burow farm property. Mr. Ron Smith was present for the discussion. Mr. Smith informed Council that he was present to ask Council to budget for the acquisition of the farm. He described the property as a historical, working farm and reviewed its history and a proposed agreement. Mr. Smith stated that he would like the closing on the property to be in September, 1995 and monthly payments of $1,000 to Mr. Burow to begin on October 1 and continue during Mr. Burow's life estate on the property. He explained that the city would acquire the property and turn it over to a non -profit corporation, the Friends of the Burow Farm, which would manage the property. He stated that he has raised $30,000 for the Friends and the funds are being held by the St. Paul Foundation. He expressed concern that if nothing is done this year, the property will be lost. Mayor Mertensotto responded that he does not want people to get the implication that the city would not be acting in good faith, informing Council and the audience that Mr. Smith obtained the $30,000 contribution from one individual. He stated that the city did not ask for contributions and would not be acting in bad faith if it does not acquire the property. He further stated that the Planning and Park Commissions have said that the would not object to acquisition but that it would not be open space and they would not want special park fund monies to be used to pay for it. He explained that financing would have to be through a special levy. Mr. Smith responded that the commission acts under the direction of Council and Council must determine where funding should come from. Mayor Mertensotto stated that there is a priority of expenditures for city funds and if funding is not available, Council would have to adopt a levy. He explained that if it were Council's judgment that the farm has a higher priority than other park expenditures the special park fund could be used to make the farm property part of the city's park system. He informed Mr. Smith that Council is not going to spend city funds for maintenance, as considerable money is currently spent on park maintenance and there is currently demand for more parks and ball fields. He asked how Council can equate those demands - Mr. Smith is asking Council to determine that the Burow farm has greater priority than the children in the Mendota Heights Athletic Association programs. Page No. 4441 June 20, 1995 Mr. Smith stated that there is little open space left in Mendota Heights, which bodes the importance of preserving the 9 acre Burow site as open space. Mayor Mertensotto stated that if the city wishes to preserve open space there are other areas that would also qualify. He informed Mr. Smith that every time there is a newspaper article on the farm acquisition, residents call him and ask why Council would consider it. He further stated that residents have called him saying that the Dodge Nature Center farm serves the residents and people have asked him how there will be a benefit from the Burow farm as open space other than just to have open space. Mr. Smith responded that he is trying to save nine open acres which has historical background and also happens to be across the street from one of the nicest townhome developments in the Twin Cities area. He stated that if Mr. Burow were to move on before the end of the $55,000 contract is completed, the Friends should do fund raising to pay off the balance of the contract. Mayor Mertensotto responded that people have suggested to him that a special taxing district should be formed, of Eagle Ridge and surrounding properties, to acquire the property. He informed Mr. Smith that residents he has spoken to do not feel the farm has a community -wide benefit. Mayor Mertensotto stated that Mr. Burows could sell the property directly to the private non -profit group, which could acquire the property through fund raising. Then the city would not need to be involved or levy a tax to acquire it. Mrs. Joan Olin, 1136 Orchard Place, stated that it is hard to be against something presented the way Mr. Smith has presented the matter but that she is against using tax money for acquiring the farm. She stated that the proposed contract says that the Friends of the Burow Farm owns the property, and if they purchase the land that is all right, but it is not all right if it is purchased with tax dollars. She further stated that nowhere in the articles of incorporation of the non - profit does it state that it would be for charitable purposes and it is up to the Friends to determine whether people can come onto the property. She read for Council and the audience historical society guidelines on what makes a property a historical landmark. Mrs. Olin stated that she does not believe the farm meets any of the guidelines, and that while it has been called a working farm it produces no product. She informed Council that Dakota County does not even recognize less than 10 acres as a farm and stated that residents would not have access to the property. She stated that if the property were purchased and developed as a park, she would be Page No. 4442 June 20, 1995 in support of the proposal but that she does not support its purchase only for the benefit who live around it. She suggested that the Friends of Burow Farm purchase the property and own it. She asked Council not to spend tax money for a view for some people and a place to board horses for one person. Mayor Mertensotto pointed out that the city has a four acre holding pond on the property, so effectively only five acres is left for the farm. Mr. Smith stated that the city would be holding fee title and would enter into a long term lease with the Friends. Mayor Mertensotto stated that he fails to see community support for the proposal. He further stated that he does not believe purchasing the property would be in the best interest of the city. Councilmember Smith responded that there are aspects of the proposal which appeal to her, one of which is passive open space. She stated that it is a lovely pastoral area that adds to the charm of the city but that she would place a number of conditions on any support, for instance, if the city were to spend money the farm would have to be open to the public. She noted that some of the documents that were presented to Council recommended that the city not be shown as the fee owner - she would want quite a bit of control by the city for the ultimate use of the land and if the Friends could not sustain the property, it would have to revert to the city for the park system for use as a passive park. She stated that it would have to follow the normal budget process, including commission recommendations, and if the Park Commission recommended against funding through the special park fund Council would have to find some other financing. She also expressed concern over unfunded liability. Mr. Smith responded that any public land must have public use, but the Friends would determine that use, and if it fails as far as a passive use, it would be reasonable that it revert to the city. Regarding unfunded liability, he stated that the maximum cost would be $145,000 payable at $1,000 per month. He explained that the Friends would assume the liability upon the death of Mr. Burow. Mayor Mertensotto stated that there is a problem with ownership - the city's risk managers have advised not to get involved in acquiring any land where there would be animals. Page No. 4443 June 20, 1995 Mr. Smith responded that the lease to the Friends would contain indemnity and insurance provisions and the Friends would get insurance to cover it. Councilmember Huber stated that the comments he has received from residents are that it seems to be a city expenditure to benefit a few members of the community. He stated that he is sure that people surrounding a recently discussed development would have preferred that the city had acquired that land as open space. Mrs. Olin asked whose horses would be boarded at the farm, and Mr. Smith responded that the horses are his. Mrs. Olin responded that Mr. Smith does then have an interest in the acquisition. She stated that her concern is what happens if the Friends do not have $1,000 per month after they take over the property. Councilmember Smith responded that those details have not been worked out and she would not accept an unfunded liability. Councilmember Krebsbach stated that she would like to see a referendum so that residents have an opportunity to vote for or against the acquisition. She further stated that she sees the farm as an amenity to the city. Mayor Mertensotto responded that running a referendum would be very expensive, and that he had suggested a special taxing district to tax the properties surrounding the farm which would receive the benefit from its acquisition by the city. He stated that the acquisition proposal does not have wide public support and he would not want to levy a tax against the entire city to acquire the farm. He suggested that perhaps a survey could be included in the next city newsletter. Mr. Smith urged Council to take action on the proposal in the upcoming budget discussions. Mayor Mertensotto responded that he cannot support the proposition and does not believe it would be a good expenditure of city funds. He informed Mr. Smith that Council will have a response back to him at budget time. MENDOTA LIQUOR Discussion on the application from Mr. Patrick Soeun for an off -sale liquor license for Mendota Liquor was tabled to July 6. Page No. 4444 June 20, 1995 CASE NO. 95 -02, ZONING Council acknowledged a memo from Administrative Assistant ORDINANCE AMENDMENT Batchelder regarding a proposed amendment to the zoning ordinance regarding industrial construction materials. Discussion on the proposed amendment was tabled to July 6. TREE PLANTING Council acknowledged a memo from Parks Project Manager Kullander and tabulation of quotes received for the 1995 boulevard tree planting program. Mr. Kullander explained that the low quote of $13,060 is based on 100 trees but the city has the right to add or subtract trees. Councilmember Huber moved to award the 1995 boulevard tree planting program contract to Blaeser Landscape for its low quote of $13,060. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TREE PRESERVATION Council acknowledged a memo and proposed tree preservation ordinance from Administrative Assistant Batchelder, along with a letters of objection from Robert Prior, 2455 Hampshire Court and Richard Falconer, 1355 Sylvandale, and a letter from Chris Riley in support of the proposed ordinance. Assistant Batchelder gave a summary and history of the proposed ordinance. He explained that the primary purpose of the proposed ordinance is to protect large undeveloped properties in the city. He stated that over the years there have been many requests to divide large parcels of land, and the current subdivision ordinance requires a tree inventory at the time of preliminary plat submission but it does not set any standards. He informed the audience that the Planning Commission has worked over the winter and spring with the city's planning consultant to come up with a draft ordinance, using ordinances which are in force in several other communities. He then reviewed the draft ordinance. Mayor Mertensotto stated that he looks at the ordinance like the dog leash law, where half of the people are against it and have are for it. He asked how many cities in the area have similar ordinances. Mr. Batchelder responded that the commission reviewed ordinances from six cities, including Eden Prairie and Burnsville. Mayor Mertensotto informed the audience that when the city first considered preparing an ordinance, the intent was to look at undeveloped properties and not existing residential properties, but the draft ordinance has been expanded. Page No. 4445 June 20, 1995 Mr. Sten Gerfast, 1802 Valley Curve, stated that on June 6 he had submitted a petition containing over 100 signatures of residents against the moratorium and a preservation ordinance. He explained that he has spoken to many people and found no opposition to his petition from anyone. He then submitted additional petition signatures, and stated that on behalf of those on the petition and himself Council exclude existing single family homes and commercial property from the ordinance. He stated that that is the first comment he has heard from people - that they should be allowed to decide what to do with their own yards. Mr. Joe Stefan, 1820 Valley Cure, stated that he understands the intent of the ordinance and if it had come up when he was a member of the Planning Commission he may or may not have agreed with the proposed ordinance. He stated that when he first saw the article about the issue in the city newsletter he did not think it was a bad idea, but after thinking about it felt that it was government intrusion. He further stated that it appears to him that the areas that should be looked at are the currently undeveloped parcels of land and land that is currently proposed for development. He stated that it bothers him that the city might be thinking about a forestry department, which would be added city cost involved. Mayor Mertensotto asked Mr. Stefan if he would exclude undeveloped commercial land and industrial land. He stated that there are many parcels which will receive development pressure in the coming years. Mr. Stefan responded that if undeveloped residential land is included, undeveloped commercial land should be included as well. He felt that landscaping is affected much more in commercial and industrial development. Ms. Diane Kammerer, 660 W. Marie, stated that she is opposed to the moratorium and thinks it is an example of government going crazy. She stated that if she chooses to cut down one of the 27 trees that she planted on her 1/2 acre lot it will not affect the public health and safety of the community. She further stated that the moratorium affects every land owner and that the proposed ordinance is extremely restrictive in the kinds of trees that can be replanted. Ms. Kammerer stated that over the past 20 years she has seen many open rolling hills become developments which have more trees than were originally on the property. She felt that the ordinance and moratorium are intrusions on the rights of a property owner and create a level of bureaucracy the city does not need. Page No. 4446 June 20, 1995 Mr. Stan Gustafson, 7 Mears Avenue, stated that people wonder why the ordinary citizen is really concerned about the intrusion of government into their lives and the tree ordinance is the closest example of intrusion at the local level. He stated that he would prefer that the city do something proactive like removing dead elm trees that breed beetles which infect his trees. He did not believe the city should hire a forester to determine whether he has an 18 inch tree or a landmark tree and cannot remove it even if it becomes a hazard to his home. He stated that when he drives over the Mendota Bridge and sees the site that was clear cut he does not know what trees were there. He was bothered more by the appearance of an old house in that area and felt it was more important to remove the house. He stated that he understands that about half of the tax revenue in the city comes from industrial properties and that he has a problem if Council wants to save a maple tree at the expense of a $10 million commercial building. He asked that Council leave private home owners along and not be quick to throw out commercial developments. Mr. Stan Linnell, 1407 Cherry Hill Road, stated that it has been stated that the original intent was for large properties and not individual homes and he agreed that individual property owners should not be affected by the tree ordinance. He further stated that he knows that Council is not going to stop large commercial development to save one tree and individual home owners will not be required to replace individual trees. He stated that the ordinance is not as bad as people think and that the ordinance is in a working stage yet. He felt that the moratorium needed to be enacted because if he owned and wanted to develop a five acre parcel and the new ordinance was in draft stage he would possibly want to remove some trees before the ordinance could be adopted. Councilmember Krebsbach stated that she does not know what interest Council has in individual trees at this point, further stating that the Planning Commission has put a lot of work into the ordinance but it is still a working draft. Mr. Linnell responded that there are many cities that have tree preservation ordinances and there are benefits to such an ordinance - for example, he cited a new development near his home where many trees could have been lost if it were not for the moratorium. Councilmember Krebsbach pointed out that there is no way to protect the character of an area if it develops unless there is an ordinance that gives authority and does not impact existing home owners. She explained that that has always been the Council's Page No. 4447 June 20, 1995 intent and that Council is now reacting to a very well thought out document. Mayor Mertensotto stated that the city is getting more and more specific regarding landscape plans for developer, which is why a preservation ordinance has evolved - rather than negotiating with a developer. He stated that he can also see the other side of the issue - certain types of trees are scrub trees, like boxelders and cottonwoods. Councilmember Krebsbach felt that Council is not even interested in that level of being specific, and stated that her interest has been control over undeveloped property. Mr. Gustafson stated that the only reason he is present this evening is to let Council know that there are people who do not like the proposed ordinance and would like Council to take a better look at it and change it. Mr. Gary Seivert, 724 Mohican Court, stated that he applauds the Council for looking at preserving the treed nature of the city. He stated that he lives on a cul de sac and looks at the wooded undeveloped school property. He explained that he and his neighbors value trees enough that they asked the city to plant trees and he and his neighbors maintain them. He stated that there will be a middle school built on the school property and asked how that will fit in with the tree ordinance and maintaining the nature of the area. Councilmember Krebsbach responded that she is interested in keeping a treed perimeter and stated that she thinks that is all that can be asked of a developer. She explained that her interest is that Council has some regulation to preserve the perimeter and clustering of existing vegetation. She stated that an ordinance would give Council something to stand on, but she was unsure that the proposed draft gives the perimeter protection. Mr. Seivert stated that he has spoken with his neighbors about the ordinance and the impact of development of the school district property. He stated that there are stately oaks and birch trees along the trail and the property is wooded. Councilmember Krebsbach stated that Council is not interested in covering every tree by the ordinance and is looking for people to work with Council and say what makes sense to the residents. She asked that residents give Council suggestions. Page No. 4448 June 20, 1995 Mr. Dave Jacobson, 728 Mohican Court, stated that he agrees with the importance of perimeter trees and stated that his neighborhood will look at the ordinance and submit comments. Mrs. Betty Schuster, 1900 Wachtler, stated that she feels single family homes should be excluded no matter what the size of the tree is. She further stated that she can see excluding some trees, such as boxelder, and that developed commercial property owners should be allowed to decide about their own property. She thought that when people in the commercial field are going to build, they are not going to destroy trees and when people buy a lot they look at the trees and place their homes accordingly. She felt that developers should be scrutinized more but that single family home owners should not have to come to city hall to protect their rights. Mr. Gerfast stated that Mendakota Country Club is very much against the ordinance as well as Royal Redeemer Church, and even the chair of the Planning Commission opposed it. Mr. Stefani asked if there would be additional city expense, hiring a forester and staff, if the ordinance is adopted. Mayor Mertensotto responded that Council is not thinking about hiring a forester. He explained that the ordinance is in a working stage and Council will listen to resident comments and work with residents to meet their desires and balance Council's concerns over undeveloped properties. Councilmember Krebsbach stated that the Planning Commission has put a lot of effort into the ordinance and has developed a model, but it is now in a different stage of the process. She explained that she is concerned about large undeveloped tracts but not about developed single family lots. Councilmember Huber agreed, stating that Council's concern is over large undeveloped land. Councilmember Smith stated that she is concerned about another level of government and asked whether tree preservation could be addressed in the subdivision ordinance. Assistant Batchelder responded that if it were just a matter of establishing standards in the subdivision ordinance, that would work, but there are no standards with which to measure tree loss or replacement. He explained that adding language to the subdivision ordinance only affects those developers who act in good faith and Page No. 4449 June 20, 1995 does not protect against those who will remove trees and then come in with a development proposal. He stated that the intent of the ordinance is to capture undeveloped lands for formal application and that something is needed to control the clear cutting and destruction of trees before a development comes before the city. Mayor Mertensotto invited residents to submit comments to Assistant Batchelder. MENDAKOTA PARK Council acknowledged a memo from Assistant Batchelder regarding backstop alternatives for foul balls at Mendakota Park. Mayor Mertensotto explained that the issue came before Council because the Mendota Heights Athletic Association has requested use of Mendakota Park ball fields for some activities rather than limiting them to adult softball. He explained that the reason the ball fields have a pinwheel design was to accommodate adult softball, and when the referendum discussions were going on the Sibley fields were to be used for youth baseball. He stated that there are about 1,100 children involved in the Association programs and Council is trying to make available as many fields and spaces as possible to accommodate their needs. He stated that if Council is going to permit the Association to use the Mendakota fields, use must be restricted to youths no more than 12 years old. He stated that there is a concern that if baseball is allowed, the backstops are not high enough, and pointed out that the back stops at Sibley are 14 feet high. Park Project Manager Kullander stated that the Sibley back stops are 14 feet high with a six foot overhang and the fields are away from the center section so that the concession stand is in the center of the outfields where foul balls are not so much of a factor. Mayor Mertensotto stated that people at Mendakota Park have to pay attention behind the back stops or they could get hit. He stated that there are no backstops that could be designed to prevent all foul balls from coming out but Council wants to stop as many as possible. He asked what can be done at Mendakota that would not destroy the visual integrity of the park. Assistant Batchelder responded that staff has outlined a number of alternatives in his memo, and he felt that the two best possibilities are to extend the back stops vertically to a higher elevation or to install hooded backstops to stop the lower level line drives from coming onto the observation decks (options one and four). He stated that the forty foot extension (option one) would involve putting Page No. 4450 June 20, 1995 - telephone poles in and removing existing backstops and adding netting. He stated that this would be very effective but would cause significant destruction of existing facilities. He explained that option one is either /or - ten feet would extend the existing backstops ten feet, and the forty foot extension would require building a new pole structure. Mayor Mertensotto asked about installing a hood - bringing the fence up to 20 feet and then putting on the 45 degree slope. Mr. Kullander responded that when the hood is put on it would distort the other boards and vertical extension would not have the visual affect but would have the same affect of stopping foul balls. He stated that each of the cities he has contacted seem to approach the issue differently - every city has a different opinion on what works. He stated that cities that use netting usually use a 30 foot pole, but that has maintenance costs and visual impairment consequences. He stated that cyclone fencing is permanent and the vertical extension would save on maintenance costs. Responding to a question from Mayor Mertensotto, he stated that the overhang on the observation deck is 16 feet high. Mayor Mertensotto stated that if 10 feet were added to the existing backstop there is no way a line drive would hit the observation deck. Mr. Kullander responded that the backstop could just be extended to 20 feet to protect the observation deck and wings would not have to be added. He stated that the $10,000 bid was for creating 80 foot wide backstops on all four fields. Councilmember Huber asked what age groups MHAA wants to be allowed to play on the fields. Mr. Charlie Godbout, representing MHAA, responded that the association is not specific and plays ages 10 -11, 12 -13, and 8 -9 as groups. Councilmember Huber stated that as everyone knows, there will be future discussion on whether MHAA can play baseball on softball fields. He stated that depending on the age group there are differences in what is needed for pitching mounds and changing from grass to skinned infields, and the fields would then become truly baseball fields and not softball fields. He stated that if he is in favor of going to fencing it would be to get more use out of the fields but that does not mean he would be willing to make changes in the mounds and infields. Page No. 4451 June 20, 1995 Mr. Godbout responded that the changes to the mounds or infields are not contemplated at all. Mayor Mertensotto stated that Council would not want too many balls knocked out onto Dodd Road, which is why he wants to limit the age group to 12 year olds as a maximum age. Mr. Godbout responded that he would agree to that condition and it would be fine if only 10 and 11 year olds use the fields, which would help the association's scheduling problems. Mayor Mertensotto stated that if the association is allowed to use the fields, there would be more utilization out of the fields than currently exists, pointing out that at times only one or two of the fields is being used. He explained that if Council makes a decision to increase the height of the backstops that would be a signal that it would be willing to discuss fitting the association into the schedule. Mr. Godbout informed Council that the MHAA games start at 6:30 with a time limit such that games are over by 8:30 p.m. He stated that perhaps the games could be started at 5:30 during the summer months and they would be done by 7:00 or 7:15. He stated that this would allow adults to play a second session at the fields. Councilmember Huber stated that his only comment would be that the larger question, over baseball use, is coming next month. He stated that he does not know that if agrees to extending the backstops he would be sending a signal about baseball use. He stated that there is plenty of time to do the work on the backstops and if there is intent to send a signal to MHAA, he would rather delay making a decision on the backstops until after a decision is reached on use. He stated that if he does vote in favor of the backstop extension it would not necessarily mean that he is leaning one way or the other on the issue of baseball versus softball. Mayor Mertensotto stated that if the backstops are increased, a change is being made - Council has heard that the pinwheel design is for adult softball but the fields are not being utilized as they should and MHAA has asked for baseball use. He stated that if Council decides to increase the height of the backstops it will be sending the signal to MHAA that it is willing to negotiate with them to allow, baseball for up to 12 year olds. He stated that staff was to provide information on how many residents and how many non - residents are on the softball teams. Page No. 4452 June 20, 1995 Councilmember Huber stated that if Council says backstop extension will allow baseball at Mendakota, he is not willing to make a commitment until he knows whether some softball teams will be bumped off the schedule. He further stated that if he votes for the extension that would not mean that softball will have to go - he pointed out that the backstop extensions would be for safety, whether softball or baseball is played. Assistant Batchelder stated that fast pitch softball is being played at Mendakota as part of the MHAA softball program, and those games generate foul balls. Councilmember Krebsbach stated that if action is taken on the extensions, Council would not be changing anything in terms of advocating one sport over another, but rather would be acting because of safety concerns. Councilmember Huber stated that Council is still in a data collecting stage and the issue facing Council now is that of backstops. He stated that there are many reasons to increase the size of backstops but he does not want to send any signals about field use. Mayor Mertensotto stated that the signal it sends is that Council will contemplate youth baseball at Mendakota. Assistant Batchelder stated that he is attempting to coordinate schedules to set up a meeting with MHAA representatives, Sibley area fast pitch representatives and adult softball representatives. Mayor Mertensotto stated that what has come out of this evening's discussion is that it would be best to increase the backstops to a height of 26 feet for the 80 foot fence area, which would be higher than the soffit on the observation deck. He stated that Mr. Kullander must know if this is Council's desire so that he can get specific bids. Councilmember Huber responded that he is not against baseball at Mendakota and that the ideal would be that everyone can be fit in, but he did not want to make promises to both groups and then tell them that they do not fit in. Councilmember Krebsbach stated that is it her understanding that the backstop extension consideration is a safety issue and that the agreement is that Council will make every attempt to provide for softball league scheduling. Page No. 4453 June 20, 1995 Mr. Jim Kilburg stated that the experience from softball tournaments is that balls that come up in the concession stand or over it that are the problem. He stated that the pinwheel is so tight that there is not a lot of room and people who are watching a game on another field could get hit by a foul ball. Staff was directed to request bids for ten foot extensions on the backstops and wings for all four fields. TAX FORFEIT PARCELS Council acknowledged a memo from the City Clerk regarding potential use of tax forfeit parcels. After discussion, Councilmember Huber moved to approve the non - conservation classification for tax forfeit parcels, Lots 1 -4, Block 1, Centre Pointe South. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CURLEY ADDITION Council acknowledged the feasibility report for proposed Curley FEASIBILITY STUDY Valley View Addition street reconstruction. Engineer Mark Mogan reviewed the report for Council. Councilmember Smith stated that she would like some input from 1 the William Court property owners to see how they feel about having only mill and overlay work done on a portion of William Court. Mayor Mertensotto stated that all of the streets throughout the project should receive the same improvements, and that the entire subdivision should be treated equally. Public Works Director Danielson stated that the report will be revised to that there is one proposal to treat all of the streets the same. This would allow Council to make a decision based on the comments received at the hearing. Councilmember Smith asked about use of storm water utility funds for watermain construction costs. Engineer Mogan responded that the item was included in the report as a contingency item to cover any unforeseen problems. Councilmember Smith stated that the report recommends the use of TIF to support the assessments attributable to the north side of Mary Adele abutting the Curley redevelopment area. She stated that there was a similar situation where there was questionable benefit to properties along Dodd Road in the Friendly Hills project. Ayes: 5 Nays: 0 BUDGET Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor Page No. 4454 June 20, 1995 Mr. Mogan responded that portions of the lots drain to the street and a case can be made for use of TIF. Mayor Mertensotto stated that he believes that the city would be better off keeping the wall of evergreen trees between the neighborhood and the commercial area and paying the assessments by TIF. Public Works Director Danielson informed Council that if the lots were to ever develop a hook-up charge would be required in an amount equivalent to the assessments. Councilmember Krebsbach moved adoption of Resolution No. 95- 26, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE CURLEY'S VALLEY VIEW ADDITION (IMPROVEMENT NO. 93, PROJECT NO. 4)," the hearing to be held on July 18. Councilmember Smith seconded the motion. Council acknowledged a memo from Administrator Lawell regarding possible budget workshop dates. Councilmember Huber moved to conduct a budget workshop on July 11 at 7:00 p.m. Councilmember Smith seconded the motion. There being no further business to come before the Council, Councilmember Smith moved that the meeting be adjourned to closed session for discussion on personnel related litigation. Councilmember Koch seconded the motion. TIME OF ADJOURNMENT: 11:32 o'clock P.M. Kathleen M. Swanson City Clerk LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL 4. June 20, 1995 Asphalt Contractor License Blacktop Driveway Arden Griepp & Sons Blacktopping, Inc. Masonry Contractor License Graf Concrete & Masonry, Inc. Gas Piping Contractor License Blaylock Plumbing Co. Hokanson Plumbing & Heating, Inc. General Contractors License All- American Recreation, Inc. John Klem Construction Twin City Acoustics, Inc. Valley Pools Inc. Tree Service & Removal Green Leaf Tree Service Inc.