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1992-01-07 Council minutesPage No. 3195 January 7, 1992 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 7, 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, Cummins, Koch and Smith. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting, revised to move item 5E, Birch Addition easement release, and 5F, subdivision of Kensington PUD outlot B, to the regular agenda. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the December 3, 1991 regular meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch Councilmember Cummins moved approval of the minutes of the December 17, 1991 regular meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR 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 December. b. Acknowledgment of the draft minutes of the November 26, 1991 Planning Commission. c. Adoption of Resolution No. 92-01, "RESOLUTION ESTABLISHING 1992 CITY DEPOSITORIES OF FUNDS." Page No. 3196 January 7, 1992 d. Adoption of Resolution No. 92 -02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1992." e. Approval of a contract with Station 19 Architects to provide architectural services for designing the buildings for Kensington Park, along with authorization for its execution by the Mayor. f. Authorization for the issuance of a purchase order for $14,254.00 to Minnesota Toro, Inc., for a snow blower and cab attachment for the large Toro mower. g. Authorization for issuance of a purchase order to Cedar Computer, Inc., for a Hewlett Packard Laserjet IIISi printer and options for a cost not to exceed $4,850. h. Approval of the list of contractor licenses dated January 7, 1992 and attached hereto. i. Approval of the list of claims dated January 7, 1992 and totalling $331,674.06. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 EASEMENT RELEASE Council acknowledged a memo from Public Works Director Danielson regarding the release of a slope easement over the Koepke property on Freeway Road. Mayor Mertensotto pointed out several references in the stipulation for easement release which would release easement area across the Koepke property and other property. He felt that the stipulation should be revised so that the release relates only to the applicant's (Koepke) property. Councilmember Cummins moved to approve the Stipulation for Release of Easement conditioned upon revisions to remove reference to other property, so that the release relates only to the Koepke property, and to authorize Ayes: 5 Nays: 0 KENSINGTON POND DIVISION Ayes: 5 Nays: 0 Page No. 3197 January 7, 1992 execution of a revised Stipulation by the Mayor. Councilmember Blesener seconded the motion. Council acknowledged a report from Public Works Director Danielson regarding a request from Centex Homes for approval of the division of Outlot B of the Kensington PUD. Responding to a question from Mayor Mertensotto, Administrator Lawell explained that when the initial manor home plan was discussed it included manor homes on both sides of the pond located on Outlot B. Phase II approval replaced the manor homes on the east side of the pond with townhomes, and there will be separate homeowners associations for the townhomes and manor homes. As currently platted, the pond would belong to only the manor home associations, which would mean that people living on the townhome side of the pond would not have access to it. He stated that Centex wishes to divide the outlot to provide half of the pond to each of the associations for maintenance purposes. Mayor Mertensotto asked whether Centex is amenable to the city's request for additional land for the Kensington park. Administrator Lawell responded that Centex is not willing to donate the land but would work out an arrangement for the sale of the land to the city at fair market value ($20,000 to $25,000) plus their costs of about $13,000. Accommodating the request would require moving two carriage homes and a cul-de-sac. He stated that at the next Council meeting, staff will present some options on the matter as well as information on the utility pole/power line issue. Councilmember Cummins moved adoption of Resolution No. 92-03, "RESOLUTION APPROVING THE SUBDIVISION OF OUTLOT B, KENSINGTON PLANNED UNIT DEVELOPMENT, SECTION 36, TOWNSHIP 28 NORTH, RANGE 23 WEST, DAKOTA COUNTY, MINNESOTA." Councilmember Blesener seconded the motion. Councilmember Blesener moved to schedule the Board of Review/Equalization as part of the regularly scheduled April 21, 1992 Council meeting, at 7:30 P.M. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MN/DOT LAND PURCHASE Council acknowledged a memo from Public Works Director Danielson regarding the sale of right-of-way to Mn/DOT for construction of a T.H. 55 frontage road (Parcel 207). It was noted in the memo that at its December 3, 1991 Page No. 3198 January 7, 1992 BID AWARD, BACKHOE Council acknowledged a tabulation of bids received for the purchase of a tractor/loader/backhoe for the Street Department. Public Works Director Danielson reviewed the bids for Council and the audience. Councilmember Blesener moved to authorize the purchase of a tractor/loader/backhoe from J.I. Case, Inc. for a 1991 Case for their low bid of $29,730. Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 ACTING MAYOR Councilmember Blesener moved that Councilmember Cummins be appointed to serve as Acting Mayor during any absences of Mayor Mertensotto in 1992. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEALTH OFFICER Councilmember Cummins moved that Dr. Thaddeus Chao be reappointed to serve as the City's Health Officer for 1992. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 OFFICIAL NEWSPAPER Councilmember Blesener moved to designate the Sun-Current as the City's official newspaper for 1992. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BOARD OF REVIEW Council acknowledged a memo from the City Clerk regarding the scheduling of the annual Board of Review/Equalization. Councilmember Blesener moved to schedule the Board of Review/Equalization as part of the regularly scheduled April 21, 1992 Council meeting, at 7:30 P.M. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 MN/DOT LAND PURCHASE Council acknowledged a memo from Public Works Director Danielson regarding the sale of right-of-way to Mn/DOT for construction of a T.H. 55 frontage road (Parcel 207). It was noted in the memo that at its December 3, 1991 Page No. 3199 January 7, 1992 discussion on the matter, Council accepted the Mn/DOT offer for the right-of-way contingent upon installation of curb and gutter. Council was informed that because the cost of the road would be greatly increased, Mn/DOT will only install curb and gutter and storm sewer along the 800 foot long frontage road if the City is willing to pay for those improvements. Mayor Mertensotto pointed out that Council has approved the sale with the curb and gutter condition, and suggested that the matter be pulled off of the agenda subject to further review in the future. He stated that in the event the City should eventually decide to connect the frontage road to the west, curb and gutter would have to be installed and Mn/DOT would not be required to participate. He also pointed out that the City is currently negotiating with Mn/DOT over storm sewer matters in connection with the Mendota Interchange Project. PART 150 PROGRAM Council acknowledged a report from Administrative Assistant Batchelder regarding alternatives for use of the Part 150 air noise mitigation program funds. Mayor Mertensotto stated that the LDN 65 contour for determining air noise impact is not acceptable. He pointed out that the contour does not address very high sound exposure levels in the Mendota Heights/Eagan corridor, and that the repeated overflights far exceed LDN 65, yet with the exception of the Furlong area and a small number of homes outside of that neighborhood, none of the homes in the corridor would be eligible for Part 150 funding. Administrator Lawell responded that the appropriateness of LDN 65 was discussed at the last meeting of MAC and representatives of the cities surrounding MSP. He did not believe MSP would have much chance of changing the LDN 65 standard established by the FAA. He further stated that the city has questioned the preliminary 1996 LDN 65 contour assumptions and has asked for written information from the MAC, so that a consultant chosen by the City could re-run the contour. He felt that it was strange that the Rogers Lake and Curley neighborhoods just miss being in the contour and that the city should have Page No. 3200 January 7, 1992 the information to determine whether the projection is correct. Mayor Mertensotto stated that it is easy to talk about a LDN 65 contour standard, but pointed out that MAC revenue from a ticket tax and $2 million from Northwest Airlines could generate as much as $12 million, all of which will be applied on the federal standard. Those funds will be locally generated, and should not be subject to the FAA standard. Administrator Lawell stated that the question has been put to the cities has only been about allocation of the federal funding. He further stated that all of the cities agree that the standard applies only to the federally mandated and restricted Part 150 program and does not apply to local money. He informed Council that many residents in the Furlong area have indicated that they would be interested in sound insulation and are not interested in being bought out in the future. On the other hand, some of the Furlong residents do wish to be bought out. He suggested that Council may want to consider questionnaires to get input from the Furlong residents on how to use the Part 150 allocation. The City must respond to MAC by January 31st on how the funds will be spent. Councilmember Cummins asked if the city is able to bank its 1992 allocation for future use. Administrator Lawell responded that the FAA would like the cities to be as specific as possible as to how much they will spend and how it will be spent. It also requires that all of the 1992 Part 150 allocation to MAC be spent in 1992. If the city elects to bankroll its 1992 amount, the money will be used by some other community, and Mendota Heights would have to get a commitment that the money would be available for its use in the future. Responding to questions from Council, Administrator Lawell stated that while it may be possible to use Part 150 funds to buy out isolated houses, the use of the funds cannot be mixed within a neighborhood. It would not be possible to use the funding for purchase of some of the homes in the Furlong area and insulation of others. Page No. 3201 January 7, 1992 After discussion, Council directed that representatives of the MAC be requested to attend the January 21st meeting. Council further directed that notice of the meeting be sent to all residents who are impacted by the program. PUBLIC HEARING: Mayor Mertensotto opened the meeting for the EASEMENT VACATIONS purpose of a public hearing on the vacation of a utility easement over Lot 1, Block 4 of the Furlong Addition (Schwartz property), located at the end of Kendon Lane, and the vacation of right-of-way for a cul-de-sac at the end of Furlong Avenue, lying in part on Lot 1, Block 3, and Lot 11, Block 2 of the Furlong Addition (Tousignant and Berskow properties.). Ayes: 5 Nays: 0 Engineer Klayton Eckles was present and informed Council that the City does not need the utility easement over the Schwartz property and that the property owner has given the City a utility easement which was needed for the Furlong project. With respect to the Tousignant property, he explained that the survey done for the property owner was in error by about 40 feet, and as a result part of his home is on the right-of-way. He informed Council that the right-of-way is not needed and that the owner has agreed to trade an easement for the Furlong project for part of the right-of-way. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Cummins moved adoption of Resolution No. 92-04, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 92-05, "RESOLUTION APPROVING VACATION OF A STREET RIGHT -OF- WAY." Councilmember Koch seconded the motion Ayes: 5 Nays: 0 Page No. 3202 January 7, 1992 COUNCIL COMMENTS Councilmember Cummins asked whether any major issues will come before Council in 1992. Administrator Lawell briefly reviewed a number of pending issues. Councilmember Blesener asked about the status of Royal Redeemer church's acquisition of the tax forfeit land adjacent to the church property. She suggested that the City should inform the Council of its support of the church's acquisition of the land. Councilmember Blesener noted reference in the Administrative Assistant's planning synopsis tht the church would like to put a storage building on the tax forfeit land. She did not feel that an accessory structure would be appropriately placed on the forfeited land but rather that it should be placed further back on the church property. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 8:36 o'clock P.M. k6thleen M. Swanson City Clerk ATTEST: �Charles E. Mertensotto Mayor