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1992-01-21 Council minutesPage No. 3203 January 21, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 21, 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, Koch and Smith. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting, revised to move items e and f of the consent calendar to the regular agenda. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the January 7, 1992 regular meeting with correction. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 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 Fire Department monthly report for December. b. Acknowledgment of the draft minutes of the January 14th Park and Recreation Commission meeting. C. Acknowledgment of the Treasurer's monthly report for December. d. Acknowledgment of a memo regarding a proposed TH 110/149 workshop. e. Authorization for city financial participation in the 1992 DNR helicopter deer survey at a cost not to exceed $350. Ayes: 4 Nays: 0 Page No. 3204 January 21, 1992 f. Authorization for the issuance of a purchase order for $2,625 to Case Power and Equipment for a snow bucket for the new backhoe. g. Acknowledgment of a tabulation of bids received for a 3/4 ton truck for the Road and Bridge Department and authorization for the purchase of a 1992 Chevrolet 3/4 ton pick -up truck from Grossman Chevrolet for its low quote of $14,250. h. Adoption of "RESOLUTION BIDS FOR IM ROAD (PILOT PROJECT NO. 91, PROJECT Resolution No. 92 -06, AUTHORIZING ADVERTISEMENT FOR PROVEMENTS FOR MENDOTA HEIGHTS KNOB ROAD TO HIGHWAY 149) MSA 140 - 103 -09 (IMPROVEMENT NO. NO. 4)." i. Authorization for the sale of the old fire station property to the Tax Increment District for $140,000, and transfer of the proceeds to the Facilities Reserve fund to be amortized against future fire service contract billings. j. Approval of the list of contractor licenses dated January 21, 1992 and attached hereto. k. Approval of the list of claims dated January 21, 1992 and totalling $1,114,932.45. 1. Authorization to issue a purchase order to Quality Lincoln - Mercury for an unmarked squad car for the purchase price of $8,300 including trade in of a 1987 Cougar. Councilmember Smith seconded the motion. Councilmember Cummins arrived at 7:40 P.M. SUBDIVISION ORDINANCE Council acknowledged and discussed a proposed AMENDMENT amendment to the subdivision ordinance regarding final plat review. Councilmember Blesener moved adoption of Ordinance No. 282, "AN ORDINANCE AMENDING ORDINANCE NO. 301," revised in Section 3.2(1) to add "except as set forth in Section 3.2(2)11, and to stipulate in Section 3.2(2) Page No. 3205 January 21, 1992 that the Zoning Administrator will determine whether there have been material changes from the preliminary plat and changing the word "may" to shall in the first sentence of the section. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 LEGISLATIVE POLICIES Council acknowledged and discussed a report from the City Administrator regarding Dakota County legislative policies for 1992. Mayor Mertensotto stated that the regional airport policy is contrary to the City's position on aircraft noise. He pointed out that since the City has recently asked the FAA and MAC for equitable distribution of air noise it could not now support section one of the policy recommendation. After discussion, Councilmember Cummins moved to adopt Resolution No. 92-07, "A RESOLUTION SUPPORTING 1992 LEGISLATIVE POLICIES ON ISSUES WHICH MAY AFFECT DAKOTA COUNTY," to support all of the policies except the regional airport policy, and to direct staff to attempt to amend paragraph one of the airport statement to remove the word "possible" from the first sentence and delete the second sentence or to oppose adoption of the policy statement if it is not amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 KENSINGTON PARK Park Commission Chair John Huber and Parks Project Manager Guy Kullander were present to review the Kensington Park concept design and to recommend preparation of final plans and specifications. Mr. Huber informed Council on discussions with Centex regarding acquisition of land and with NSP regarding burying, moving or raising the overhead power lines. He stated that the Park Commission felt that purchasing land from Centex is not a good solution to the soccer field problem and that the asking price of $35,000 is too great for the 23 foot wide strip of land. The options of burying the power cables or purchasing a lot from Centex were very expensive, and it was the Commission's opinion that the most prudent Page No. 3206 January 21, 1992 option is to budget funds to raise the power lines in the future if it is determined that the power lines impede use of the field. Mayor Mertensotto asked whether the second field can be moved further to the east if the NSP lines are raised in the future. Mr. Kullander responded that it can be moved at minimal cost. Mr. Kullander reviewed the proposed design for the comfort station. Mayor Mertensotto felt that there would be little utility in the small shelters, pointing out that they have no overhang. It was the consensus that the shelters should have overhangs similar to the buildings in the Mendakota and Sibley parks. Councilmember Smith felt that the child play area may be too close to the parking lot. Mr. Kullander responded that the proposed location is the only place the area would fit in the scheme of the park. He explained that berms and landscaping proposed to be provided between the play area and parking lot will provide an obstruction between the areas. It was the consensus that the play equipment should be placed in the center of the play area. Councilmember Blesener expressed concern over creating a niche on the side of the comfort station for vending machines. She felt that the niche should be eliminated to provide more room inside the building for storage. Mr. Huber responded that the niche will mitigate the potential vandalism problem. Councilmember Cummins pointed out that the city has no liability with respect to damage to vending machines, and felt that vending machines would be well -used. There was discussion over dutch doors versus a roll down shutter in the concession /storage area. Mr. Kullander briefly reviewed the status of the referendum funds for Council. Responding to a question from Councilmember Smith as to whether funds have been set aside for north Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 AIR NOISE MITIGATION PART 150 PROGRAM Page No. 3207 January 21, 1992 Kensington park, Mr. Huber stated that the Commission consensus is to leave the park largely undeveloped until the community fills in around it. He stated that whether enough funding will be available will depend on what is done to the park. He informed Council that current thinking does not envision massive future improvement to the park - there is lots of intensity in the area and a quiet, passive space seems to be what is needed. After discussion, Councilmember Cummins moved to direct Station 19 Architects to prepare final plans for the three South Kensington Park structures including the vending alcove on the Comfort Station, replacing the dutch doors with a fold down door, and reversing the building plan to put the vending area on the north side of the comfort station, and providing overhangs on the two shelter buildings. Councilmember Smith seconded the motion. Councilmember Blesener moved to direct Station 19 Architects to prepare final plans and specifications for south and north Kensington Parks as recommended by the Park Commission and to direct that $25,000 of bond proceeds be reserved for raising the NSP power line in the future. Councilmember Smith seconded the motion. Council acknowledged a report from Administrator Lawell regarding the Air Noise Mitigation Part 150 Program. Mr. Steve Vecchi, from the MAC, manager of the Part 150 Program, and Mr. Sheldon Strom, consultant for the sound insulation program were present for the discussion. Mr. Vecchi informed Council and the audience that MAC has been involved in the design process for the program for a year and has involved the noise affected cities in the decision making process by forming a Policy Advisory Committee (PAC), consisting of representatives of Mendota Heights, Eagan, Richfield, Minneapolis and Bloomington. He explained that distribution of the funds is based on the FAA's five-year projected noise contour which is a 24 hour per day annual Page No. 3208 January 21, 1992 average. He then described the sound insulation program, purchase guarantee program and land acquisition program. He informed Council that 80% of the annual funding comes from the FAA and 20% from the MAC. The MAC must compete with other cities in its region for 14 to 18% of the annual $190 million FAA "pot." Northwest Airlines will pay most of what the MAC will contribute. Responding to a question from Mayor Mertensotto, Mr. Vecchi stated that the use of money derived from the airline ticket tax is currently in a decision making process and that he does not know how much of that money will be annually dedicated to the Part 150 program. Mayor Mertensotto asked whether the City has an option to adopt one option one year and another the next year. He also asked if the Mendota Heights allocation for 1992 is only $227,600 out of the $4 million original Part 150 allocation. Mr. Vecchi stated that $227,600 is correct and that the PAC decided the allocation. He explained that the allocation formula decision by the PAC was unanimous except for Mendota Heights and Eagan. Mr. Vecchi explained that a system has been designed whereby communities can bank their allocation one year for use in another, and reviewed the sample documentation which depicted a system showed what would happen to the Mendota Heights 1992 allocation if it chooses to defer it for use in the future. He informed Council that the only drawback to the system would be if there were no FAA funding in the year subsequent to the deferral. Representatives of cities receiving allocations deferred (by other cities) would have to sign a memo of understanding stipulating that at the time a city would like to spend its deferred monies the deferred amount would be subtracted from the recipient city's annual allocation. Mayor Mertensotto asked how many homes in Mendota Heights are within the LDN 65 contour. Administrator Lawell responded that there are about 620 people in the contour, which includes the Lexington Heights apartment complex, all of the Furlong Addition, six Page No. 3209 January 21, 1992 homes on Pilot Knob some on Lexington Avenue near Wagon Wheel, and some on Rogers Road. Councilmember Blesener asked if the distribution formula is fixed or if there is potential for change if one community needs more money because of acquisition and another needs less because it is doing allocation. Mr. Vecchi responded that the PAC came up with the formula and intends it to be a hard and fast policy. He indicated however, that it may be possible to revisit the matter in the future after the program is implemented and its effectiveness can be evaluated. Responding to a question from Councilmember Smith regarding the purchase guarantee program, Mr. Vecchi stated that it is theory at this point but he believes it is generally intended that a home owner could participate only after the city agrees to the program. An appraisal would be done to determine fair market value and after a specified period of time that the home would be on the market, the owner would be guaranteed the fair market price. If the home did not sell, the MAC would hold title to the property until someone subsequently purchased it. He cautioned that there would have to be a limit of five or six homes at a time, and that the PAC recommended that this be done on a house by house basis rather than program by program. Councilmember Smith asked whether sound insulation affects the marketability of the homes. Mr. Strom responded that in general people in other areas have been very pleased with the insulation program, which includes installation of air conditioning, and many feel it makes their homes more valuable to some extent. Councilmember Smith asked if it would be possible for MAC and the City to work out an appropriate use for acquired properties, for instance for park purposes. Mr. Vecchi responded that it is his intention that if the acquisition program were used, MAC and the City would work closely together and if the city wanted to acquire a parcel, it could buy the property back from the MAC. He pointed out that any money from the sale of a property would go back into the Part 150 pool, and Page No. 3210 January 21, 1992 stated that he would like the policy to be that the money would go back into the city's allocation. Mayor Mertensotto pointed out that the LDN contour does not reflect homes in Mendota Heights which are substantially in excess of LDN 65 many hours during the day. He stated that no other airport has a cone-shaped 15 degree corridor and while funding based on the FAA's LDN contour may work on the west side of the river, it will not be effective for Mendota Heights. He stated that the MAC does not recognize that an allocation formula based on population within LDN 65 will only satisfy cities west of the river and does nothing for Mendota Heights. He felt that both the allocation formula and the use of the LDN 65 contour are inappropriate. Councilmember Cummins asked if LDN 65 is a federal mandate. Mr. Vecchi responded that the contour is limiting to all of the cities but it is the contour that the FAA uses to determine eligibility for the program. He stated that the MAC knows that some cities will ask for the acquisition program and that MAC might deal with acquisition differently. There may be other monies available in the future, such as the passenger facility charge, which will not be subject to the Part 150 distribution formula. He stated that he does not argue that Mendota Heights gets overflights more of the time. Mayor Mertensotto stated that if the guideline were any home subjected to 85 decibels, there would be a tonpp of houses in Mendota Heights that would be affected by the program, yet Mendota Heights is being asked to endorse the program based on the LDN contour. Councilmember Blesener asked if there is any potential for a land acquisition program where the city could use the land for park purposes in the interim (between MAC purchase and resale) or for long term use. Mr. Vecchi responded that he will look into the suggestion, but the FAA does not want the acquired land used for residential or multi- family use again. Page No. 3211 January 21, 1992 Mayor Mertensotto asked for questions and comments from the audience. Responding to a question from Mr. Joe Maegher, Mr. Vecchi stated that the LDN model is constantly changing to make sure it will always be current. He suggested that Council might wish to invite the head of the MAC noise monitoring program to a future meeting. Mr. Vecchi informed Council that he has until April to finish the design of the program and that he asks all of the cities to give MAC its priorities by January 29th if possible. Councilmember Blesener asked if anyone has considered how the fanned corridor during peak hours will affect the city's distribution and also the north end of the runway. Mr. Vecchi responded that all of the information would be inputted into the computer model and would be readjusted to the new flight tracks as operational changes occur. Administrator Lawell stated that one of the things staff has asked the MAC to do is to give the city the inputs that have gone into the computer model that determined the LDN 65 contour. Councilmember Blesener asked why the program doesn't start with people within LDN 75, then 70 and then 65 when the money is allocated. Mr. Strom responded that this was discussed by the PAC but some cities would receive nothing and some got everything. The PAC felt it was easiest to use the 65 LDN. He stated that any city can go back to the PAC at any time if it wishes to revisit the allocation formula. Councilmember Cummins stated that what Mendota Heights is being asked to do is to make a commitment on what the city will do with its share of the $4 million from the FAA. He did not think the City has the vote to change the allocation formula. He felt Council should recognize that the city has $227,000 to work with this year and decide if something will be done with the money or whether it should be banked. If the money were banked in 1992 there would be $455,000 available in 1993, which would be enough to do the insulation on all of the homes in the Furlong Addition. He Page No. 3212 January 21, 1992 suggested Council focus in on what to do with the money that has been allocated. Mayor Mertensotto stated that the city is better off accepting the money that is available instead of banking it because the city doesn't control the flow of money in the future - there may be 35 to 40 homes that would qualify for sound insulation. Councilmember Blesener asked if it is the feeling of the neighborhood that the money should be spent for insulation or a long term buy-out program. She asked if the home-owners wish to try to preserve the Furlong neighborhood. She felt the primary question is whether the neighborhood should stay or be bought out. One resident suggested the city survey the Furlong neighborhood on what to due with the money. Mr. Bernie Biessener suggested that the city take the 1992 funding and do the insulation program. Mayor Mertensotto suggested that the city look at the land acquisition program. Councilmember Cummins stated that if indeed the city is to go into the land acquisition process, it should not buy two or three homes a year, in which case it is possible that no acquisition would occur for five years or more. He asked what would happen if the Part 150 program loses federal funding by then. He felt that Council should look at the insulation program, which could be done quickly. He asked that staff get as much information as possible on the house count within LDN 65 as well as the minutes of the PAC meetings for discussion by Council on February 4th. Councilmember Blesener asked if the city can do a hybrid of all three options - if the city can manipulate all of the programs and move towards ultimate acquisition. Mr. Vecchi responded that money cannot be used for insulation of a property and then for acquisition later. It was the consensus that the workshop be held at 7:30 P.M. on Thursday, January 30th. COUNCIL COMMENTS Councilmember Blesener informed Council that she will be absent from the February 18th meeting. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to 7:30 P.M. on January 30th for discussion of the T.H. 149/110 intersection. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:15 o'clock P.M. Vathleen M. Swanson City Clerk ATTEST: Page No. 3213 January 21, 1992 Mr. Biessener asked if the city is in charge of land acquisition, including use of TIF funds, and if so whether relocation money would be included. Councilmember Blesener responded that relocation money is available through the MAC plan. Mayor Mertensotto stated that the city could not be involved in an acquisition program using TIF unless someone submits a development proposal for the land. PAY EQUITY REPORT Council acknowledged and discussed a report from the City Administrator regarding submission of the City's Pay Equity Implementation Report to the Minnesota Department of Employee Relations. After discussion, Councilmember Cummins moved to approve the Pay Equity Implementation Report for submission to the Minnesota Department of Employee Relations. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TH 110/149 WORKSHOP Council discussed potential dates for a joint Council/Planning commission workshop to discuss the T.H. 110/149 intersection and MSA ring-road route with Mn/DOT representatives. It was the consensus that the workshop be held at 7:30 P.M. on Thursday, January 30th. COUNCIL COMMENTS Councilmember Blesener informed Council that she will be absent from the February 18th meeting. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to 7:30 P.M. on January 30th for discussion of the T.H. 149/110 intersection. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:15 o'clock P.M. Vathleen M. Swanson City Clerk ATTEST: Page No. 3213 January 21, 1992 responded that relocation money is available through the MAC plan. Mayor Mertensotto stated that the city could not be involved in an acquisition program using TIF unless someone submits a development proposal for the land. PAY EQUITY REPORT Council acknowledged and discussed a report from the City Administrator regarding submission of the City's Pay Equity Implementation Report to the Minnesota Department of Employee Relations. After discussion, Councilmember Cummins moved to approve the Pay Equity Implementation Report for submission to the Minnesota Department of Employee Relations. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TH 110/149 WORKSHOP Council discussed potential dates for a joint Council/Planning Commission workshop to discuss the T.H. 110/149 intersection and MSA ring-road route with Mn/DOT representatives. It was the consensus that the workshop be held at 7:30 P.M. on Thursday, January 30th. COUNCIL COMMENTS Councilmember Blesener informed Council that she will be absent from the February 18th meeting. ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned to 7:30 P.M. on January 30th for discussion of the T.H. 149/110 intersection. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:15 o'clock P.M. Kdthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor