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1992-02-04 Council minutesPage No. 3217 February 4, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 4, 1992 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 Blesener, Smith and Koch. Councilmember Cummins had notified the Council that he would be late. Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. AYES: 4 NAYS: 0 Councilmember Koch moved approval of the minutes of the January 21, 1992, regular meeting with corrections. Councilmember Blesener seconded the motion. AYES: 4 NAYS: 0 51• A• l Councilmember Blesener moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Code Enforcement Monthly Report for January. b. Approval of the classification of tax forfeit Parcel No. 27-03500-011-27 as non-conservation, along with direction to staff to request the necessary forms for transfer of said parcel to City ownership. C. Authorization for the issuance of a purchase order for $12,839 to Cushman Motor Company, Inc. for a Cushman (4) Wheel Turf Truckster and Groomer. Page No. 3218 February 4, 1992 d. Adoption of Resolution No. 92-08, A RESOLUTION DESIGNATING THE CITY OF MENDOTA HEIGHTS AS THE LOCAL GOVERNMENT UNIT (LGU) FOR ADMINISTERING THE WETLAND CONSERVATION ACT OF 1991. e Approval of the list of contractor licenses dated February 4, 1992, and attached hereto. f. Approval of the list of contractors dated February 4, 1992 and attached hereto. g. Approval of the list of claims dated February 4, 1992 and totalling $621,017.25. Councilmember Koch seconded the motion. Mayor Mertensotto recommended that the City Council proclaim March 1 -8, 1992, as Volunteer's of America Week. Mayor Mertensotto read the Proclamation. Councilmember Koch moved adoption of the Proclamation on designating March 1-8, 1992 as Volunteer's of America Week. Councilmember Smith seconded the motion. AYES: 4 NAYS: 0 ST. PETER'S CHURCH/PILOT KNOB ROAD STREETS AND UTILITIES - ORDERING OF FEASIBILITY HEARING Public Works Director Jim Danielson briefly explained the feasibility report submitted by Tom Knuth, Senior Engineering Technician and himself. He gave a brief explanation about the May 1991 discussions between the Council and St. Peter's Church regarding the Church's petition, to the City, for sanitary sewer and watermains to serve their site. He stated since Council's approval of the report in 1991, the staging of the Mendota Interchange Project has changed considerably. Public Works Director Danielson explained that at the time the discussions took place in 1991, the City was unsure if the County was going to upgrade Pilot Knob Road and Acacia Boulevard. He stated the County has now decided to upgrade those streets and add storm sewer from Page No. 3219 February 4, 1992 Mendota Heights Road to Highway 55. In response to a question from Mayor Mertensotto, Public Works Director Danielson explained that 45 percent of the costs will be charged back to the City. He stated that it is proposed to assess the City's share of the street costs to the abutting properties and assess a nominal storm sewer cost to contributing drainage areas not previously assessed for storm sewer. Public Works Director Danielson stated MnDOT intends to charge the City for a substantial portion of the trunk storm sewer, and that it is proposed that City Tax Increment Financing funds pay for all costs not covered by the area storm sewer assessments. In response to Councilmember Blesener's question, Treasurer Larry Shaughnessy explained the City has anticipated using Tax Increments Funds since 1991 and that there are ample funds to cover the proposed upgrades. Public Works Director Danielson briefly explained the two stages of construction. He stated Stage I construction will be done in conjunction with the Highway 13 realignment with the sanitary sewer improvements installed to serve St. Peter's Church and Mendota. He explained the watermain installation will not be pressurized until Stage II construction completes a connection to active mains at Acacia Boulevard and Pilot Knob Road. He further explained Stage II construction will begin in either 1993 or 1994 and will consist of closing the Mendota Bridge, the reconstruction of Highway 55 and the upgrade of Highway 110. Councilmember Cummins arrived at 7:48 o'clock P.M. Mayor Mertensotto questioned the water loop size. Public Works Director Danielson explained that the City commissioned HNTB to study and investigate the appropriate size of looping and they concluded that an eight inch line is satisfactory. In response to a question from the Council, Treasurer Shaughnessy reiterated that the Tax Increment District will be the funding source for the watermain looping construction and that there is ample amount of funds. Public Works Director Danielson explained that Tax Increment Financing is also proposed to be used to pay for cemetery, other unassessable frontages, watermain oversizing and storm sewer costs on previously assessed properties. Public Works Director Danielson explained that MnDOT is Page No. 3220 February 4, 1992 currently negotiating with the Soo Line Railroad to purchase their right-of-way in the area of the Mendota Interchange Project. He explained that if MnDOT is able to purchase the right-of-way from Soo Line, several bridges will be eliminated and the street grade and storm* sewer depths will be changed. He explained that these changes could lead to some reduction in the City's share of storm sewer costs. Administrator Lawell stated that if the MnDOT and Soo Line come to an agreement there would be many design changes and the letting of Stage I contracts would be delayed until August. Mayor Mertensotto stated that it would be in the City's best interest to become involved in the discussions between the MnDOT and the Soo Line Railroad as it could mean a total decrease in construction costs. Mayor Mertensotto directed staff to send a letter to MnDOT expressing the City's concern regarding the negotiations between MnDOT and Soo Line Railroad. He stated it should be noted that the results of the negotiations will directly impact the City and its share of costs related to the Stage I and II construction projects. Councilmember Blesener moved adoption of Resolution No. 92-09, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREETS AND UTILITIES TO SERVE ST. PETER'S CHURCH AND PILOT KNOB ROAD (IMPROVEMENT NO. 84, PROJECT NO. 2B). Councilmember Koch seconded the motion. AYES: 5 NAYS: 0 MNDOT COOPERATIVE AGREEMENT - TRUNK HIGHWAY 13/I-35E Public Works Director Jim Danielson briefly explained that the MnDOT is planning to widen and replace the Trunk Highway 13 Bridge over I-35E this summer. He explained in conjunction with the bridge widening, the Trunk Highway 13 approaches will be widened and improved, and Victoria Road will be realigned and the on-off ramps to I-35E will be improved. Public Works Director Danielson further explained as part of this project, some of the City's utilities will be affected. He stated that the watermain and sanitary sewer will need to be lowered on Victoria Road and that the watermain will need to be insulated or lowered along Trunk Highway 13. In response to a question from Councilmember Blesener, Public Works Director Danielson explained the City will Page No. 3221 February 4, 1992 need to fund up to $16,925 of watermain insulation and alteration costs. He explained that the State is required to fund the utility corrections on Victoria Road because those utilities are not within State right-of- way. He stated the City's watermain along Trunk Highway 13 is there on permit and that that requires the City to fund any alterations. In response to a question from Mayor Mertensotto, Public Works Director Danielson explained the City has established a Utility Replacement Fund to cover utility alterations. He stated there is an ample funds available within the Utility Replacement Fund to cover the costs. Councilmember Cummins moved adoption of Resolution No. 92-10, RESOLUTION APPROVING MN/DOT AGENCY AGREEMENT NO. 69189, SP 1902-42, 1982-112. Councilmember Smith seconded the motion. Mayor Mertensotto stated that at the January 18, 1992 Council meeting Mr. Steve Vecchi was present to discuss the FAA Part 150 Air Noise Mitigation Program. He stated the purpose of the discussion tonight is to determine how the City of Mendota Heights will utilize the funds available from that program. Mayor Mertensotto explained that the Metropolitan Airports Commission (MAC) commissioned a committee, Policy Advisory Committee (PAC) who developed a formula to disburse $4 million of Federal Aviation Administration (FAA) money. He explained that this formula was determined by five City representatives with Mendota Heights and Eagan voting against the distribution formula based on population. Mayor Mertensotto explained further that the amount of money that would be allocated to Mendota Heights is $227,600 for 1992. Mayor Mertensotto briefly explained that the MAC has asked the City of Mendota Heights to indicate how we intend to utilize Part 150 Funds allocated to the City on an annual basis. He explained that there are three programs available: Sound Insulation Program, Purchase Assurance Program and Property Acquisition Program. Mayor Mertensotto explained there are approximately 65 homes within the LDN 65 Metric Contour who would qualify Page No. 3222 Februaky 4, 1992 f or one of the three programs of f ered by the MAC. He further explained that within the Contour there are two schools, St. Thomas Academy and Visitation Convent which could qualify. He explained that St. Thomas Academy has expressed some interest in participating within the Program. , Mayor Mertensotto explained that Mr. Vecchi has indicated that once the City gets involved in a Part 150 Sound Insulation Program, the City could never get into a Part 150 buyout program. He further explained that if the City were to participate in the buyout program the maximum number of homes that could participate in a year would be six based on funding projections provided by the MAC. Mayor Mertensotto explained that the City should take a position to the MAC that the distribution formula should be revised. He stated that the funding should be more equitably disbursed amongst the Cities surrounding the airport. He stated that the City should ask the MAC if there is a program of funding exclusive of the Part 150 Funding Program. Councilmember Blesener stated that she wants to see the City take an aggressive position either politically or legally to get the MAC's attention. She stated that once this distribution formula becomes policy, it will be very difficult to change it. Mayor Mertensotto stated that the City does not agree with the FAA's feeble attempt to mitigate noise and the distribution of the Part 150 monies which does not address the magnitude of the problem on an equitable basis for all the communities surrounding the airport. He explained that if the policy is based on population, the City should withdraw from the program. In response to a question from Councilmember Blesener, City Administrator Lawell stated that the FAA is calling the shots in terms of what they are and are not willing to spend money for. He stated that the only criteria put forth is that the City spend the money in the LDN Metric Contour 65. He stated that the Federal Government does not dictate how the money is to be allocated amongst the three different options. He explained that the Federal Government has left this task up to each specific airport. He explained that the MAC needs to draft a plan to allocate the funds and ultimately that is why the PAC was formed. Administrator Lawell explained there are several other committees that will review the recommendation and then the FAA. He explained the ability to impact the FAA decision is limited and that is why the City should take a stance now while we are still Page No. 3223 February 4, 1992 able to communicate with the PAC and the MAC. City Attorney Hart clarified that he has not reviewed the regulations involved within the Part 150 Program to determine whether all of the regulations have been followed. He stated that the fact that the City disagrees with the allocation formula does not necessarily make it illegal. He stated the City would have to demonstrate, legally, that the MAC has breached a regulation and that breach has caused the City irreputable harm. He explained the City would have to demonstrate, politically, that the MAC has made a fundamental factual error. Councilmember Smith stated that the population criteria should be at issue and that the City should insist that a criteria on the number of flights that cross over the community should be used as a basis for determining a distribution formula. City Administrator Lawell responded that the MAC has explained the types of assumptions that went into generating the LDN 65 Contour and that certainly the frequency of aircraft overflights is a factor in the list of variables. Councilmember Cummins stated that everybody who lives around an airport is subject to noise. He stated that he believes the position that the MAC has taken is very defensible. He stated that the City of Mendota Heights has a small amount of population compared to the other Cities. He stated that he feels the City should take the federal money available for this year and the City should challenge the funding allocation formula for 1993. He stated the formula should be based on noise intensity not just proximity to the airport. In response to a comment from the audience, Councilmember Smith stated the City of Eagan has decided they will be distributing their funds based on seniority of homes built prior to 1979. She stated the City of Eagan will be using the sound insulation program. Councilmember Smith stated that the frequency factored into creating the LDN Contour is not an accurate representation of the amount of discomfort suffered by the various people in the various contours. In response to a question from Lois Furlong, resident of the Furlong Addition, City Administrator Lawell clarified that the information submitted to the City Council tonight is that of the 1996 LDN Contour. Mayor Mertensotto stated that the City is not able to address the noise problem of aircraft overflights because the Federal Government does not address the problem. Page No. 3224 Februaky 4, 1992 Councilmember Blesener stated that she would like the City to take a dual approach by accepting the money for 1992 and challenge the distribution formula. Councilmember Smith concurred with Councilmember Blesener and stated the City is not sure how long the funds available will last and that the City should accept what they can at this time. Mr. David Hiner, resident of Furlong, stated that he had talked to Mr. Vecchi at the January meeting. He stated that Mr. Vecchi indicated that there is a possibility of more than one program being implemented for the money. Councilmember Blesener stated the City should use the money to start an acquisition program while challenging the distribution formula and that the City should seek other possible funding sources. City Administrator Lawell gave a brief summary of the existing homes west of Highway 55. Councilmember Cummins questioned if it would be better to acquire the homes west of Highway 55, since there are relatively few homes, and use that land for future development. Mayor Mertensotto pointed out that the City would first have to purchase the land from MAC. Councilmember Blesener questioned if Tax Increment Funds could be used in this area. City Administrator Lawell explained that as homes have become available (west of Highway 55) the City has used Tax Increment Funds to purchase those homes. City Administrator Lawell suggested that if the land acquisition program were to be adopted, the City might want to consider entering into an agreement with the MAC providing that the MAC will not unreasonably withhold the sale of the land when it is ready for development. Councilmember Smith questioned what would happen to the last few home's market value should a buyout program be implemented. Councilmember Smith stated that she is concerned for the residents who are at the end of the buyout and what that would do to their property valuation. Councilmember Smith suggested the City use the sound insulation program as their primary goal of relief and then use the guarantee purchase plan by designating one or two homes for purchase a year. Mr. Bob Tousignant, Furlong Resident, stated he is concerned with the property valuation decreasing. A resident from the Furlong Addition stated he is concerned over the priority of schools receiving the funds before the residential households. Page No. 3225 February 4, 1992 Councilmember Cummins moved to designate the City's 1992 Part 150 Program allocation toward the acquisition of single family residential properties within the LDN 65 Noise Contour and west of Highway 55, to direct staff to determine their level of interest in the voluntary program, and if 1992 funds yet remain, prepare for Council consideration a contingency spending plan to utilize the remaining funds elsewhere within the LDN 65 Contour. Councilmember Blesener seconded the motion. AYES: 3 NAYS: 2, Mertensotto, Koch Councilmember Blesener questioned that if the City is not successful in negotiating the purchase of land west of Highway 55 that maybe the City could revisit the possibility of a buyout program east of Highway 55. Councilmember Blesener moved to enact a one year moratorium on the expenditure of 1992 Part 150 funds for purposes of sound insulation within the Roger's Road area, Furlong neighborhood, and all residential properties west of Highway 55. Councilmember Cummins seconded the motion. Mr. Bob Tousignant, Furlong Resident, stated that he feels this restriction is unfair. Ms. Mary Schwartz, Kendon Lane, stated that additional insulation and air conditioning makes a real difference in sound proofing homes. Mayor Mertensotto stated that by imposing moratoriums it affects the property values. AYES: 2 NAYS: 3, Mertensotto, Koch, Smith IVY FALLS CREEK DRAINAGE SYSTEM PROTECTION AND IMPROVEMENTS STORM WATER UTILITY PROGRAM PROPOSAL Engineer Eckles was present to discuss the erosion problems of the Ivy Falls Creek Drainage System. He explained this problem has been before Council in the past and because of continued erosion concerns by area residents, the item is once again before the Council. Engineer Eckles stated the question being posed to Council tonight is how the repair work will tie into future projects. Engineer Eckles stated in the past, the creek erosion problem has never been resolved because of Page No. 3226 Februdi-y', 4, 1992 the extreme cost to repair and protect the creek which made an improvement project unfeasible. Engineer Eckles explained there is possible funding mechanisms which the Council can consider. He explained the option of cost sharing with West St. Paul and the implementation of a Storm Water Utility Program. Engineer Eckles stated that BARR Engineering has done studies of the creek in conjunction with the Lower Mississippi watershed Management Organization. He explained the options of installing rock structures, high flow pipe installation and low flow channels. Engineer Eckles discussed a diagram of a Gabion Drop structure and explained why Gabion Rock structures are used. He stated that BARR recommended a timber modular drop structure, which staff discussed, and decided to reject that option due to the timber life span. He explained that the ideal solution to the problem would be high flow/low flow channels, but due to cost, this option is impractical. Engineer Eckles briefly described the possible sources of funding. He briefly explained the use of a Storm Water Utility Program which is similar to the Sanitary Sewer Utility Program. In response to a question from Mayor Mertensotto, Engineer Eckles stated that West St. Paul will pay 8 percent of the estimated costs. He explained that if the WMO had been in place in 1978, West St. Paul would be obligated to pay more. Councilmember Cummins questioned what the $1 million cost covers. Engineer Eckles stated that it covers work on the main creek, two reaches plus expansion of the holding pond. Engineer Eckles stated that bank modification is not included. Engineer Eckles stated that because of the WMO, each City within the district has the ability to set up special tax districts. Councilmember Blesener questioned if other major projects would be funded through the utility fund. Engineer Eckles stated that he has earmarked half a dozen projects in the future, some being work in the industrial park, Valley Creek and the Friendly Marsh. He stated that there are no future projects close to the magnitude of this project. Councilmember Blesener stated that the City has an obligation to the residents to provide some relief to the area. Treasurer Shaughnessy explained that the City can form a Page No. 3227 February 4, 1992 special tax district and charge all residents within the district an annual maintenance fee. Treasurer Shaughnessy stated that some owners in the area have already paid special assessments. Councilmember Smith questioned if there is a formula to calculate West St. Paul's portion of the cost. Engineer Eckles responded there is not. He stated that BARR Engineering estimated West St. Paul's cost may be 8 to 10 percent of the project. Council directed staff to conduct an information meeting before March 3rd with residents along the creek to discuss the specifics of the project and how the City intends to fund the project. SNOW PLOWING POLICY Public Works Director Danielson briefly reviewed the snow plowing policy as submitted for Council's review. Public Works Director Danielson explained that he had contacted adjoining Cities to try and obtain copies of their policies. He stated that none of the Cities had written policies. He explained that he contacted the League of Minnesota Cities and they were able to provide several policies. He further stated that the Mayor provided a copy of the City of Oakdale's policy. Councilmember Blesener stated that she would like to see the policy be more definite in establishing hours and how the streets will be plowed. Public Works Director Danielson stated the objective of the policy is to keep the City relatively mobile during heavy amounts of snowfall. Mayor Mertensotto stated that he would like to see the City start plowing the streets starting at 2:00 A.M. and be finished by 10:00 A.M. Mayor Mertensotto stated that the City of Oakdale plows their streets the same way after each snowfall. Councilmember Blesener stated that a rotation of routes on an annual basis may be more desirable. Councilmember Smith stated she would like to see more information within the snow plowing policy regarding replacement or repair work on property damaged during plowing. Public Works Director Danielson stated the City has thirteen feet of boulevard right-of-way which is reserved for snow storage. Councilmember Smith suggested that the City should have an answering machine or have someone operating the phones during all times while the plows are out. Page No. 3228 February 4, 1992 The Council directed Public Works Director Danielson to prepare a revised Snow Removal Policy incorporating time deadlines and specific routes. The Council further directed Public Works Director Danielson to return back to the Council to further review the policy. RAIWL I RM V VVIA 11-IR-MMej Q 10 0 MUM ffill, I ■ Councilmember Cummins inquired if staff had done research regarding limiting Planning and Parks Commissioners to two four year terms. Administrator Lawell stated that staff had looked into the term limitation issue but was unable to locate in the City's records a specific reference to such policy.. Councilmember Cummins moved to re-appoint Ultan Duggan, Sandra Krebsbach and Sharon Koll to the Planning Commission and John Huber and Mike Lundeen to the Parks and Recreation Commission, each for another three year term beginning February 1, 1992. Councilmember Cummins further directed staff to research placing limitations on the amount of terms Commissioners serve. Councilmember Smith seconded the motion. AYES: 5 NAYS: 0 COUNCIL MEETING SCHEDULE Council briefly reviewed a memo submitted by City Clerk Kathy Swanson regarding upcoming Council meeting schedules that conflict with scheduled election dates. Councilmember Smith moved to reschedule March 3, 1992 regular Council meeting to March 5, 1992 and to convene the regular meetings of April 7, 1992, May 19, 1992, September 15, 1992 and November 3, 1992 at 8:00 P.M. Councilmember Koch seconded the motion. Page No. 3229 Februaky 4, 1992 There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Koch seconded the motion. AYES: 5 NAYS: 0 TIME OF ADJOURNMENT 11:10 P.M. 4,KKierlee K. Blaesiar Senior Secretary ATTEST: -06t'.�_-*f Charles E. Mertensotto Mayor