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1994-04-19 Council minutesPage No. 3987 April 19, 1994 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 1994 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. BOARD OF REVIEW Mayor Mertensotto opened the meeting for the purpose of continuation of the Board of Review. Council acknowledged a report from Dakota County Assessor's Office Manager Bill Peterson regarding the status of his department's review of property owners' concerns raised in letters or in person by the 68 property owners who attended the April 5th Board of Review meeting. Mayor Mertensotto directed staff to notify the Assessor's office that the comments regarding the Eric Miller property in the status report are incorrect - pending court action relates to an Ivy Falls Creek assessment appeal and easement acquisition rather than damages to the property. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Smith moved to adjourn the Board of Review. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the April 5, 1994 Board of Review meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: Huber AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the March 15, 1994 regular meeting. Councilmember Huber seconded the motion. Page No. 3994 April 19, 1994 Mayor Mertensotto stated that a site he prefers is east and south of the bank building on South Plaza Drive (site 6). He stated that he believes that this site and 5A are in the best interest of the city. Councilmember Krebsbach stated that she also prefers site 6 but that she likes the site at Lexington and T.H. 110 also (site 4). Mayor Mertensotto stated that he does not see the Lexington site developing as a senior housing site, and stated that this is the gateway to the city from the west. Councilmember Smith suggested that Council refine the sites at the T.H. 55 workshop. Mayor Mertensotto suggested delaying making a recommendation on a third site until after the workshop and identify sites 5A and 6 now a preliminary recommendation with a formal response to Ms. Gill by the third Tuesday in May. Councilmember Smith asked how residents who are interested in senior housing go about expressing their interest and also asked what the priorities are. She stated tht Council is interested in accommodating the needs of Mendota Heights residents, and from what she understands, people from this area are not given priority for the Mendota Heights facility. Ms. Gill stated that there is a Dakota County list and that there would be no guarantee that someone would get into the Mendota Heights facility. She explained that people could indicate that they would like to be on the waiting list for the facility and that the HRA does take applictions just for new facilities when they open. TRAFFIC SIGNALS Council acknowledged a memo from Public Works Director Danielson regarding proposals received from traffic signal design consultants for the Dodd Road/Mendota Heights Road traffic signal project. Mayor Mertensotto asked what criteria a consultant uses for design of turn lanes and synchronization of signals, etc. Public Works Director Danielson responded that ultimately Mn/DOT has jurisdiction, but through the process Council can make its desires known and can make sure the city gets a signal light it will be happy with. Mayor Mertensotto stated that the consultant should be advised of Council's desires with respect to turn lanes, etc. Councilmember Smith stated that one of her major concerns is that Mendota Heights Road is the primary exit from the southeast area of the city going to the west and Council would be creating a condition that could make a considerable delay for residents, given that there are four traffic signals south of Mendota Heights Road. She was concerned about the natural rerouting of traffic if delays occur. She Page No. 3988 April 19, 1994 Ayes: 3 Nays: 0 Abstain: Koch, Krebsbach Councilmember Koch moved approval of the minutes of the April 5,1994 regular meeting with corrections. Councilmember seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith stated that it was Council's intent with respect to the action on Associated Bureaus that $50,000 must be spent on landscaping the west side of the building. It was the consensus that, based on information Council had, Associated Bureaus would need to spend $50,000 or more to effectively break up the block wall, which was the intent of Council in requiring the escrow. It was further the consensus that when a landscape plan is recommended by Planner Uban and city staff, it should be placed on Council's consent calendar. CONSENT CALENDAR Councilmember Koch 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 April 12, 1994 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the April 13, 1994 Airport Relations Commission meeting. c. Acknowledgment of the Treasurer's monthly report for March. d. Acceptance of the Premium Refund Option for Workers' Compensation renewal. e. Approval of an agreement for operation of the Mendakota Park concessions by the Fire Relief Association for 1994 along with authorization for its execution by the Mayor. f. Authorization for payment for Ivy Falls Creek drainage easements to: Mr. & Mrs. William Gacki, 1998 Falls View Court ($632.40); Mr. & Mrs. Allen Taylor, 1297 Sylvandale ($2,633.00); Mr. & Mrs. Curtis Bute, 1200 Falls View Court ($5,615.00); Mr. & Mrs. Maurizio Nista, 676 Maple Park Drive ($3,921.50); Mr. & Mrs. Jerald Ostergren, 680 Maple Park Drive ($7,299.00); and Ms. Diane Smookler, 682 Ivy Falls Court ($2,513.00). g. Approval of an amendment to the Centex private watermain agreement to allow Lot 11, Block 1 and Outlot A of the Mendota Woods Addition, (Steven Patrick property) to connect to the Centex private watermain in Brookfield Lane, along with authorization for execution of the agreement by the Mayor and City Clerk. Page No. 3989 April 19, 1994 h. Acknowledgment of the Fire Department monthly report for March. i. Acknowledgment of MAC responses to city letters regarding airport development/expansion options. j. Approval of the issuance of a sign permit to Dr. Paul Wild, DDS, for a 27 square foot sign in the sign band on the north side of the Mendota Plaza building. k. Approval to nominate Mr. Bill Payne, 605 Hampshire Drive, for reappointment as the City's representative on the Dakota Alliance for Prevention for a one year term beginning July 1, 1994. 1. Approval of the issuance of an on-sale 3.2 malt liquor license to Par 3 Golf, Inc. And approval of the issuance of an off-sale 3.2 malt liquor license to Tom Thumb Food Markets. m. Approval of the list of contractor licenses dated, April 19, 1994 and attached hereto. h. Approval of the list of claims dated April 19, 1994 and totaling $772,776.65. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PULSE PROJECT Council acknowledged a memo from Administrator Lawell regarding the Northern Dakota Community Pulse Project, a Pulse Project Executive Summary of the results of a random survey of 425 households in Independent School District 197, a survey sample and report on household needs survey results and public relations plan. Ms. Bev Fritz, District 197 Community Education Director was present for the discussion. Ms. Fritz gave Council a history of the project and reviewed demographics of the school district from the census and county information. She explained that the project started in May, 1992 when the school district brought together cities, agencies and interested citizens. Ms. Fritz informed Council that the survey inventory helped the group get feedback on services and that the survey asked respondents to list their household needs only. She stated that while 50% of the respondents felt that city services are adequate, some respondents felt that more swimming pools and cross country trails are needed and crime was the top concern. Councilmember Krebsbach stated that she would be interested in seeing that the terms " problem and concern" in the survey be carefully distinguished from one another. Mayor Mertensotto pointed out that the survey is school district oriented and as long as it is tied into the school district and follows Page No. 3990 April 19, 1994 school district boundary lines, he did not see how it could be statistically valid for any city. He also pointed out that the survey did not state which community services are offered in each of the three cities in the district, and asked what the group is trying to learn from the survey responses. Ms. Fritz responded that the school district boundaries were used rather than a single survey for each of the cities because while people may live in one of the communities they likely uses services, such as shopping, etc., in another of the communities. Councilmember Krebsbach stated that it is very important to Council to know what the group was looking for and what it found. She pointed out that as the number one concern and one of the top five problems. Administrator Lawell stated that the first part of the survey listed services being offered by the communities and the second dealt with community concerns - problems which may exist in the community. He stated that there are two categories: needs and concerns, and problems. The survey asked respondents to select the five concerns they considered the most important. He pointed out that what has been listed as major problems and concerns are probably not statistically accurate for Mendota Heights because only there were only 63 survey responses from the city and it would take at least 400 responses to get statistical validity. He felt that the survey is valid for the school district. Mayor Mertensotto stated that crime, drug and alcohol abuse, and delinquency were the major concerns. He suggested that the police department could possibly determine whether the responses are consistent with their experience. Councilmember Huber did not find it surprising that crime is the number one concern, stating that people will list crime as their top concern no matter where they live. He stated that what he finds interesting is that the next three problems (drug and alcohol abuse, delinquency and quality of preschool and K -12 education) are all issues that either directly or indirectly relate to the school district. Ms. Fritz reviewed a graphic on the citizens' conference planning model, informing Council that the needs assessment which has been completed is one part of the five -part model. She then reviewed the demographic information. Councilmember Krebsbach asked whether funding issues - cost per student - had been addressed. She stated that if the goal of the group is to look at services perhaps it should look at the dollars that are spent in relationship to the statistics. Ms. Fritz responded that what the Pulse Project hopes to do is start to address the issues. The main concern is to look at community involvement and bring people together to look at community issues. Page No. 3991 April 19, 1994 Administrator Lawell stated that the purpose of the project is to get as broad based a group of people working on the group as possible. He stated that there were eight organizations and businesses who contributed $5,400 for the project. He informed Council that the cost of the survey was about $6,500 and that the cities of Mendota Heights and West St. Paul are being asked to contribute $500 each on behalf of their residents to address the broad community issues. Councilinember Krebsbach stated that there should be a citation by each of the bullets in the demographic highlights so that people know what the sources of the information were. She stated that public bodies will be making decisions based on the information and the language in it should be clarified, such as what base was used to determine that there has been a 156% increase in minority students and why attention has been drawn to the minority population, for example, does the statistic relate to greater needs. Ms. Fritz stated that the agencies and organizations that have participated in the project have gotten to know each other better and have already began collaborating between themselves. She further stated that the Pulse Project was a site sponsor of a youth conference wherein students were heavily involved and voiced the same concerns as those expressed in the survey. Councilmember Krebsbach stated that her concern is that the survey will be reported in the press and that everything possible should be done to clarify the information. Councilmember Huber moved to approve an expenditure of $500 to financially assist the activities of the Pulse Project on the condition that the City of West St. Paul make a like contribution. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BI)STAXINCREMENT Council acknowledged a memo from. the City Administrator FINANCING REQUEST regarding a request from United Properties for tax increment financing support for development of a 28,600 square foot office/warehouse facility for BDS, Inc. Council also acknowledged an associated request and preliminary development submittal from Mr. Dale Glowa, a tax increment projection for the project prepared by Publicorp, Inc. Mr. Dale Glowa, from United Properties, stated that Council has asked in the past that he make a preliminary request for tax increment financing before making formal application. He explained that BDS (Business Development Systems) wishes to build a headquarters and service center facility and hired an architect and designed plans and then put the plans out to four developers. United Properties was selected as the developer conditioned upon its ability to get tax increment approval . He stated that the proposal is for a 28,600 square foot single-story office/warehouse to b built on a parcel of land located at the northeast comer of Enterprise Drive and Page No. 3992 April 19, 1994 Pilot Knob Road. The 3.3 acre parcel will be divided to provide a 2.32 acre site for the facility. Mayor Mertensotto stated that just to the east of the site on the west side of Pilot Knob, are some older, painted block industrial buildings. He stated that Council is concerned that all four sides of industrial buildings be finished. Mr. Glowa showed a rendition and photo of the proposed finish material, stating that the building will be a very handsome building with rounded radius corners and interesting detail over the door entry. The finish proposed is pre - finished block which never needs to be painted and a brighter burnished block in the accent band. He further stated that there will be window banding around the building and extensive landscaping will be done. He informed Council that the burnished block banding will not be used on the back of the building and that the truck docks will be at the back of the building. Councilmember Smith asked where ponding will occur. She also asked about future expansion. Mr. Glowa reviewed the site plan, including the ponding area. He stated that BDS, had originally proposed a 24,600 square foot building with 4,000 square foot future expansion but in the final negotiation has agreed to construct a 28,600 square foot building with no future expansion. He stated that the only variance that will be requested is for a 20 foot sign setback. Responding to a question from Mayor Mertensotto, Treasurer Shaughnessy stated that there is sufficient TIF funding available for the project. Mayor Mertensotto stated that if Council has any serious concerns about the project they should let Mr. Glowa know now so that he can resolve them. Councilmember Huber stated that the request is for $180,000 in TIF. He noted that during the Associated Bureaus discussion there was discussion that the TIF up front commitment and total TIF commitment was rather large. He pointed out that Mr. Glowa is requesting 33% of what Associated Bureaus received, yet the project is substantially smaller and a substantially different type of building. He felt that $180,000 is a lot of money for the size of the project versus the very substantial Associated Bureaus project and its 350 employees versus 30 employees at BDS. Mayor Mertensotto stated that he is concerned about up front payment, where there could be the potential for forfeiture, versus pay -as- you -go which has conditions added to it. Councilmember Huber stated that he is not trying to categorize BDS as less desirable but the project is mostly warehouse space with only 30 employees. He felt that the TIF request is a large contribution for a warehouse facility. Page No. 3993 April 19, 1994 Mr. Glowa stated that one of the considerations of TIF is being done to promote the industrial district by creating businesses. He further stated that the project would bring undeveloped land onto the tax rolls. Responding to Councilmember Huber's concerns, Councilmember Smith stated that the request is for about 25% of the Associated Bureaus TIF and the actual value of the project is about 25% of the value of Associated Bureaus ($lmillion versus $4 million). Mr. Glowa stated that most of the projects United Properties has developed with TIF in Mendota Heights are similar to BDS, stating that as an example, Lennox had only 19 employees. Mayor Mertensotto pointed out that the proposed site is not a desirable location given the older buildings across from it. He felt that the TIF request is consistent with what Council has been approving and that Associated Bureaus was extraordinary. Mr. Glowa stated that he will prepare a comparison of TIF project use ratios in the industrial park. SENIOR HOUSING SITE Council acknowledged a memo from Administrative Assistant SELECTION Batchelder regarding the selection of preferred sites for the proposed senior citizen housing facility. Council also acknowledged a report from Ms. Kari Gill, Deputy Director of the Dakota County HRA, regarding the number of Mendota Heights residents on current senior housing lists, waiting lists for new buildings, the need for senior housing in the city, and site selection. Ms. Gill was present for the discussion. Mayor Mertensotto stated that since the Mendota Bridge will open this fall Council will be implementing a study of the T.H. 55 corridor, and will conduct a workshop on the matter on Thursday evening. He did not think that any site along T.H. 55 would meet any of the criteria for senior housing. He pointed out that there is land in the highway right -of -way on the north and south sides of T.H. 110 at the Dodd Road intersection (sites 5A, 5B, 6 and 7). He felt that a facility could be built on either side of T.H. 110 and still allow options for a roadway design, and that the facility could be shifted to the east on parcel 5A. Councilmember Smith stated that she thinks Council has a commitment to keeping the right -of -way area free for other purposes. Administrator Lawell responded that the building could certainly be moved around on a site and that the site drawings were included in the agenda just to show that a building would fit on the sites. Page No. 3994 April 19, 1994 Mayor Mertensotto stated that a site he prefers is east and south of the bank building on South Plaza Drive (site 6). He stated that he believes that this site and 5A are in the best interest of the city. Councilmember Krebsbach stated that she also prefers site 6 but that she likes the site at Lexington and T.H. 110 also (site 4). Mayor Mertensotto stated that he does not see the Lexington site developing as a senior housing site, and stated that this is the gateway to the city from the west. Councilmember Smith suggested that Council refine the sites at the T.H. 55 workshop. Mayor Mertensotto suggested delaying making a recommendation on a third site until after the workshop and identify sites 5A and 6 now a preliminary recommendation with a formal response to Ms. Gill by the third Tuesday in May. Councilmember Smith asked how residents who are interested in senior housing go about expressing their interest and also asked what the priorities are. She stated that Council is interested in accommodating the needs of Mendota Heights residents, and from what she understands, people from this area are not given priority for the Mendota Heights facility. Ms. Gill stated that there is a Dakota County list and that there would be no guarantee that someone would get into the Mendota Heights facility. She explained that people could indicate that they would like to be on the waiting list for the facility and that the HRA does take applications just for new facilities when they open. TRAFFIC SIGNALS Council acknowledged a memo from Public Works Director Danielson regarding proposals received from traffic signal design consultants for the Dodd Road/Mendota Heights Road traffic signal project. Mayor Mertensotto asked what criteria a consultant uses for design of turn lanes and synchronization of signals, etc. Public Works Director Danielson responded that ultimately Mn/DOT has jurisdiction, but through the process Council can make its desires known and can make sure the city gets a signal light it will be happy with. Mayor Mertensotto stated that the consultant should be advised of Council's desires with respect to tum lanes, etc. Councilmember Smith stated that one of her major concerns is that Mendota Heights is the primary exit from the southeast area of the city going to the west and Council would be creating a condition that could make a considerable delay for residents, given that there are four traffic signals south of Mendota Heights Road. She was concerned about the natural rerouting of traffic if delays occur. She Page No. 3995 April 19, 1994 stated that she does not want to create any barriers to through traffic and would hope that the consultant makes sure that this does not become an obstacle. Mayor Mertensotto stated that he believes the light for Northwest Airlines was synchronized with the I -494 ramps and asked staff to check with the City of Eagan. Responding to a question on whether there should be pedestrian crossings on both sides, Public Works Director Danielson stated that a trail has been added on the north side of Mendota Heights Road, to the first street to the east. Mayor Mertensotto directed staff to transmit all of Council's concerns to the selected consultant and to request the consultant to give Council a preliminary report as to the design criteria and what they envision for the intersection. Public Works Director Danielson responded that he would invite the consultant to attend a Council meeting soon so that they do not get to far along with the design. Councilmember Krebsbach moved to select SEH as the design consultant for the Dodd Road/Mendota Heights Road traffic signal project, to authorize staff to prepare the appropriate contract documents, and to request SEH to provide a report on design criteria to Council at the first meeting in May. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 NORTH URBAN TRAIL Council acknowledged a memo from Administrative Assistant Batchelder regarding North Urban Trail alternatives. Council also acknowledged receipt of the minutes of the North Urban Regional Trail meeting held on March 9, 1994. Mayor Mertensotto asked what would happen if the city told the county it does not want widened trails through residential areas, and particularly expressed concern over Marie Avenue. He stated that the city offset Marie Avenue to accommodate a trail and restricted parking to one side only. He expressed concern over the intrusion of a regional trail in a residential district and stated that a trail along T.H. 110 outside of the residential area would be fine. Assistant Batchelder stated that one of the things discussed with the county at a recent NUT meeting was whether the county could relax the trail standards. He did not think the trail would get the level of activity that the Soo Line trail will and would provide an opportunity for Mendota Heights residents to get to the river trails (Soo Line and South St. Paul trails). He felt that it will really be a community trail and expects that traffic would be mostly bike riders. Page No. 3996 April 19, 1994 Councilmember Smith stated that predominantly bike use would be a reason not to run the trail through residential areas. Assistant Batchelder responded that the county is depending on regional funding to finance the trail and trail width is one criteria for funding. He stated that if the trail were placed along T.H. 100 it would still have to go along the frontage road. Councilmember Smith stated that this would still affect front yards and she could not support the proposal. Assistant Batchelder stated that one option would be to ask the county to relax its standards and use the existing Marie Avenue trail. He informed Council that with respect to the T.H. 110 option, there is a 20 foot area between the north frontage road and where the yards start - if the trail can be put in the ditch area it would not affect the yards. Parks Project Manager Guy Kullander stated that the impact would be removal of a couple of trees and some bushes at about 10 homes. He informed Council that the closest home is 50 feet from the edge of the bituminous on the frontage road, and that the trail design criteria includes installing additional plantings. Mayor Mertensotto responded that if Council were to agree a trail, it would have to go along the highway, but that Council would wish to see the design. Assistant Batchelder suggested that staff could also push the issue of why the trail would have to be on the north side of the frontage road. Councilmember Huber stated that the homes on the frontage road already are affected by the highway activity out their front doors. He further stated that if bikers using the trail have Valley Park as their destination, they would take Marie Avenue anyway and not the frontage road trail. He stated that he has serious concern about putting a trail in the front yards along T.H. 110. Councilmember Smith stated that the city has received many complaints about bikes going to fast in Valley Park now and adding bike traffic would not be helpful to the city's residents. Councilmember Huber responded that the Park Commission did not appear to be much in favor of the trail and expressed reservations. He further stated that the Commission's minutes discuss perhaps flattening some parts of the Valley Park trail. He suggested installing signs, such as "walk your bike" at hills, etc., to try to reduce biking speeds. He stated that perhaps the city should look at a couple of spots in the trail where it slopes away from bikers but expressed concern about making the trail too flat because it is a very nice walking trail and he would not want to promote changing it to accommodate additional bikes. Page No. 3997 April 19, 1994 Assistant Batchelder stated that the T.H. 110 option may provide the city in the future with the ability to bridge T.H. 110 using grants. MENDAKOTA PARK Council acknowledged a memo from Assistant Batchelder OVERHEAD NETTING regarding protection for spectators in the center hub area at Mendakota Park. Council also acknowledged a letter from Berkley Risk Services regarding potential liability concerns. Assistant Batchelder gave a brief history of the issue, stating that at the last meeting when the issue of installing netting to prevent injuries from foul balls at Mendakota Park was discussed, Council directed staff to look at other options and to research what experience other cities have had with overhead netting. Guy Kullander reviewed alternatives, which included extending the backstops, installing netting from the building to the top of the backstops, and netting directly over where the batter hits the ball. He informed Council that the Park Commission felt that netting was the cheapest and most effective option, at a cost of $10,000. Mayor Mertensotto asked what prevents anyone from getting injured in any ballfield. Mr. Kullander responded that in the case of Mendakota, foul balls could hit someone from behind while they are watching a different game. Mayor Mertensotto asked whether this means that the observation deck was a bad design. Councilmember Smith responded that no accidents have been reported from softball games and pointed out that the complex was originally designed for softball. Mr. Kullander responded that since the complex was designed to be used for softball, the area around the building is tighter to allow more room for playing fields. He stated that the Sibley fields were envisioned as the fields for baseball play. Assistant Batchelder stated that one thing Mend -Eagan made very clear to staff this spring was that there are not enough fields available for baseball in the city. He further stated that Mend -Eagan is using all available fields. Mayor Mertensotto asked how much is too much. He stated that the pinwheel design with the observation deck was created for softball. He asked if the City of Eagan uses netting for its pinwheel design fields. Assistant Batchelder responded that they use the fields for softball so they are not netted. Mayor Mertensotto suggested that perhaps the fields should be restricted to softball, which was the essence of the original intent - there were no softball fields before Mendakota Park. He felt that the Page No. 3998 April 19, 1994 city is violating the objective and design criteria for the fields by allowing baseball. Assistant Batchelder stated that the recreation programmer has received five or six requests for baseball tournaments at Mendakota this summer. Councilmember Krebsbach asked if the netting would be used for all of the fields or just one field. Mr. Kullander responded that it would cover all of the inner hub area. Councilmember Smith stated that given the design of Mendakota it simply is not appropriate for baseball- people stand behind the plate, which is where many of the foul balls occur. Councilmember Krebsbach asked if the need for more baseball fields means there are fewer fields for girls' baseball. She stated that if there is the need for fields and netting would provide safety, she is inclined to consider it. Councilmember Huber stated that the other option is to initiate a user fee on the baseball tournaments to support the cost of the netting - a surcharge of $400 for each of five tournaments over five years would pay the initial $10,000 cost. Mayor Mertensotto stated that Council must consider what netting would do to the aesthetics of the field. He pointed out that a great deal of money was spent to make Mendakota a premium facility. Councilmember Huber stated that what is driving the netting issue is baseball. He further stated that he understands the aesthetics issue but if the city must put netting in, the people who are causing it to be installed should have to pay for it. Mayor Mertensotto pointed out that there will also be costs for taking the netting down in the fall and putting it back up in the spring as well as net replacement costs. Councilmember Smith stated that there have been requests for baseball tournaments at Mendakota with good reason - it is a beautiful complex. She asked if no other fields go unused on weekends. Assistant Batchelder stated that there have not been lots of requests for weekend softball tournaments but this fall there will be a women's regional tournament at the park and he expects that may become an annual event and generate others as well. He informed Council that the West St. Paul softball fields are used every weekend. With respect to use of the fields for baseball, he stated that the field use policy states that each month in the summer two weekends are set aside for softball and one weekend for youth tournaments - which could be girls' softball - and one weekend is reserved for the city to schedule make up games. He stated that Page No. 3999 April 19, 1994 Mend -Eagan is already requesting two to three tournaments per month on weekends. Mayor Mertensotto asked if the Sibley fields, which were designed for baseball, are being used. Assistant Batchelder responded that Mend Eagan is putting pressure on the city to use the Mendakota fields for baseball. Mayor Mertensotto responded that perhaps the city should just build a field for baseball, pointing out that the city built Mendakota as a community facility. Councilmember Smith stated that she would really like to accommodate the demand but is very uncomfortable with using the Mendakota design for baseball. Assistant Batchelder responded that when the city looked for a softball site, there were very few sites which could accommodate a pinwheel design and the Mendakota space was maximized for four fields. He stated that the netting is a $10,000 option and that money could be used towards building a field for baseball somewhere else. Mayor Mertensotto pointed out that Mendakota was not designed for baseball and if additional fields are needed the city would be better off building some. Councilmember Huber asked if there is another option to netting - having the netting further down and vertical on the shelter, as an example. Mr. Kullander responded that this approach would still present visual barriers to look through, and that another option would be to install and remove the netting only when it is needed. Mayor Mertensotto stated that Resurrection Cemetery has much acreage to the south which is unused, and suggested exploring whether the city could lease some of the land for a baseball field. Councilmember Krebsbach stated that if the city is really short of fields Council should perhaps take a look at building some. She asked if the Sibley complex is considered less desirable than Mendakota. Mr. Kullander responded that it is, because it does not have the hub. Councilmember Smith stated that it is unfortunate that the design that is most appealing is not feasible. She stated Mend -Eagan was involve in planning the fields and that Sibley was where baseball was supposed to be played. Councilmember Huber stated that Mend -Eagan knew that baseball was to be at Sibley and softball at Mendakota and if they want to change the rules they will have to support the cost of netting. He further stated that it is difficult for him to be overly sympathetic. Page No. 4000 April 19, 1994 Councilmember Smith stated that she would like more information about other possibilities, such as location and costs for other fields. Councilmember Huber responded that building fields is very costly and stated that he thinks Council should simply say no to Mend - Eagan and tell them that they should use Sibley, or say yes that the city will do the netting. He did not think that the answer is to spend $30,000 to build fields on leased cemetery space. Mayor Mertensotto stated that his suggestion is to find some area where the city could build fields which do not have to meet significant standards. Administrator Lawell stated that Council is talking about a long- term solution in building more athletic fields which would probably not be available for play until 1996. Mayor Mertensotto responded that when the athletic facilities were built the city had a community plan and now Council is being asked to change that plan. He felt that the design of Mendakota is good now and should not be changed. Councilmember Koch stated that she thinks Council could explore if there is land available for lease or donation and how much it would cost to build a field. Councilmember Huber asked if the city has the first- choice on the Sibley fields during the summer. Assistant Batchelder responded that the first priority for the Sibley fields was organized youth play in Mendota Heights, and this is the group staff is being asked to accommodate at Mendakota. He stated that Mend -Eagan wants to play at Mendakota because of its function and aesthetics rather than at Sibley. Councilmember Koch responded that perhaps Council's response to Mend -Eagan should be that Mendakota was not designed for baseball. Assistant Batchelder asked if staff should respond to those asking to use Mendakota for baseball that they cannot schedule Mendakota and should use Sibley. Mayor Mertensotto responded that he felt this would be the best solution. Administrator Lawell stated that this option would be to eliminate baseball at Mendakota and not install netting, which would satisfy the concerns in the response from the city's risk manager. It was noted that Mend -Eagan has liability insurance coverage. Attorney Hart stated that if the group uses Mendakota it would have to name the city as an additional insured on its insurance policy. Page No. 4001 April 19, 1994 Councilmember Krebsbach asked if the Mendakota fields will be idle if the netting is not installed. Assistant Batchelder responded that the fields are busy with softball games in July and August and the city reserves them for the annual park celebration and city leagues. He further stated that there is a request for a Mend -Eagan girl's softball tournament in July as well as requests from Mend - Eagan for baseball in May and June. Mayor Mertensotto stated that the fact of the matter is that the city has a facility that was not designed for baseball and now Mend - Eagan wants the city to convert the fields. He stated that Sibley was designed for baseball and that was the original objective - softball at Mendakota and baseball at Sibley - and Mend -Eagan participated in the planning process. Mr. Kullander informed Council that staff will install foul ball warning signs at Mendakota. Mayor Mertensotto stated that while it is sad that it must be done, someone must make the difficult decision that the scope of activity at Mendakota cannot be changed. TREE CITY USA Council acknowledged a memo from Assistant Batchelder regarding applying for Tree City USA status from the National Arbor Day Foundation. Mayor Mertensotto stated that the city has never received a state or federal grant in all of the years he has been on the Council and he did not anticipate the city would get any grant money now because of the Tree City program. Assistant Batchelder responded that there is money available as matching grants, which are not based on financial need. Funding would be used for the treatment and identification of oak wilt. Mayor Mertensotto pointed out that when the Tree City USA program ends, the city will have to support the total cost and will spend a considerable amount of money each year. Administrator Lawell responded that there would only be additional expense if the city applies for a grant. He informed Council that four or five properties in Mendakota Estates were hit with oak wilt and the property owners, at their own cost, hired equipment t0 sever the tree roots to prevent spread of the disease. He explained that one tree needs to be removed and an ordinance would allow the city to require the property owner to remove it to prevent airborne spread of the disease. He stated that there has been tremendous success with the vibratory plow process and a grant is not needed - in the case of Mendakota Estates, as an example, the homeowners paid the entire cost. Councilmember Smith asked if the city would be responsible for responding to requests if it had a grant an ordinance. Page No. 4002 April 19, 1994 Assistant Batchelder responded that it would depend upon how the ordinance is drafted. Councilmember Krebsbach stated that if it there is no cost for joining the program she would have no problem in applying for the Tree City USA designation. She further stated that in any event she would like to see Council strengthen the city's tree ordinance. Responding to a question from Mayor Mertensotto about the cost, Assistant Batchelder stated that if there re things that need to be inspected and enforced under ordinance provisions, it would cost staff time. Councilmember Smith stated that she would like to see examples of what tree ordinances do. Councilmember Krebsbach stated that trees add value to property and, as an example, if the school district sold its school forest site, Council would want to be sure the trees were retained. She felt that an ordinance would give Council the ability to preserve trees and require that replacement of lost trees. Mayor Mertensotto stated that he would not want to get into the position of having to hire staff to enforce an ordinance or do inspections. Assistant Batchelder stated that he will get some sample ordinances from other communities. TAX BILL - TIF Administrator Lawell informed Council that he had received PRESERVATION an Action Alert from the League of Minnesota Cities regarding proposed legislation containing a volume cap on the use of tax increment financing. He stated that Mendota Heights would be immediately prohibited from using TIF from now on if the legislation is adopted. He informed Council that staff will make contacts with legislators to either not support the bill or to remove the prohibition. He explained that the House bill passed and the Senate bill is in conference committee. Mayor Mertensotto directed the Administrator to let the city's representatives know that the city does not think they should be tinkering around with city development objectives. Administrator Lawell stated that in previous years, any modifications to TIF have been for districts that have been formed after the date of bill passage. Councilmember Smith moved to direct the City Administrator to immediately communicate Council's objections to the city's representatives in both the house and the senate as well as the tax committee and further directed preparation of a resolution for the Page No. 4003 April 19, 1994 Mayor's signature and transmittal to the legislators regarding proposed action that would include Mendota Heights in the tax bill. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Assistant Batchelder informed Council on the availability of recycling bags which were provided by the county. Councilmember Smith informed Council on a garbology seminar she had recently attended. Mayor Mertensotto stated that he is working with Mr. Phil Cohen with respect to his request for connection to the city's storm sewer. ADJOURN There being no further business to come before the Council, Smith moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:52 o'clock P.M. Ka h eel n M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor April 19 1994 Concrete License A & B Cement Mike Boettcher Construction C/C Masonry Inc. Valley Cement Co. Excavating License Bruhn Excavating Star Excavating Tillges Excavating Gas Piping License E.A.H. Schmidt & Associates HVAC License E.A. H. Schmidt & Associates General Contractors License Linco Iron Erection Inc. Ryan Construction Co. of MN, Inc. Drywall License Moorhead Plaster & Stucco