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1991-12-17 Council minutesPage No. 3182 December 17, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 17, 1991 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 Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Blesener moved approval of the minutes of the November 5, 1991 regular meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the revised minutes of the November 19, 1991 regular meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Koch CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move 5q, Contractor Licensing Ordinance, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for November. b. Acknowledgment of the Fire Department monthly report for October. c. Acknowledgment of the Fire Department monthly report for November. Page No. 3183 December 17, 1991 d. Acknowledgment of the draft minutes of the December Park and Recreation Commission meeting. e. Authorization for the issuance of purchase orders to E.H. Renner and Sons, Inc., for $1,250 for capping the well at the old Fire Station site, and, if required by Dakota County, a second purchase order to Renner for $1,500 for perforation. f. Authorization for the Police Department to purchase a NEC 386-20 computer and accessories to replace the existing state terminal, and LEADRS law enforcement software for a total amount not to exceed $5,800. g. Adoption of Resolution No. 91-89, "RESOLUTION APPROVING FINAL PLAT FOR PINE CREEK ESTATES." h. Approval of the probationary appointment of John Boland as a Street Department maintenance worker at a starting wage of $9.48 per hour, effective December 23, 1991. i. Approval of an increase of $2,753.70 in the HNTB water system analysis contract, the increase to be funded as follows: Furlong project, $1,150, Utility Fund, $1,603.70. j. Adoption of Resolution No. 91-90, "RESOLUTION ADOPTING LAW ENFORCEMENT MUTUAL AID AGREEMENT." k. Approval for the remodeling of the Police Department squad room as described in a request from the Police Chief dated December 13, 1991, for a cost not to exceed $2,500. 1. Adoption of Resolution No. 91-91, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 11TH ADDITION." m. Authorization for the Public Works Department to solicit bids for a snowblower and cab for the large Toro, as anticipated in the 1992 Budget. Page No. 3184 December 17, 1991 n. Adoption of Resolution No. 91 -92, "RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A FOUR PERCENT ANNUAL ADJUSTMENT FOR 1992." o. Adoption of Resolution No. 91 -93, "RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1992 AND ESTABLISHING CERTAIN OTHER BENEFITS." p. Adoption of Resolution No. 91 -94, "RESOLUTION AMENDING RESOLUTION NO. 80 -16, ESTABLISHING A PARK CONTRIBUTION FORMULA," as revised to replace "standard sized" in paragraph a to "residential," to delete paragraph b, and to replace "not exceed" to "be a minimum of" in paragraph c. q. Acknowledgment of a letter from Mn /DOT accepting the downtown ringroad as an MSA street. r. Approval of the list of contractors dated December 17, 1991 and attached hereto. Treasurer Shaughnessy informed Council that Mr. Howard Guthmann had called to say that there are no objections to the proposed assessments and that no -one from the s. Approval of the List of Claims dated December 17, 1991 and totalling $181,510.85. t. Approval of a building permit to Fina, 1960 Dodd Road, for remodeling of the existing mansard type roof facade and installation of the existing building sign below the mansard on the top.band of the building. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 HEARING - SOMERSET Mayor Mertensotto opened the meeting for the 19 FIRE PROTECTION purpose of a public hearing on proposed ASSESSMENT ROLL assessments for fire protection system improvements installed to serve the Somerset 19 condominiums. Mayor Mertensotto then asked for questions and comments. Treasurer Shaughnessy informed Council that Mr. Howard Guthmann had called to say that there are no objections to the proposed assessments and that no -one from the Page No. 3185 December 17, 1991 Homeowners Association Board is able to attend the hearing. is retroactively imposing standards for structures which complied with standards which were in place at the time they were constructed. Administrator Lawell responded that many of the new regulations can be imposed by code. In other cases, the requirements were not met in the original construction of the buildings. He stated that Somerset 19 is aware of the need to provide separation around the plastic pipe in the basement. He stated that as an alternative staff could bring the items to Council for a decision on whether code provisions can be waived. Councilmember Cummins stated that the Fire Marshal should advise property owners of all deficiencies at one time rather than annually. He also felt that if the expense for fire protection measures is excessive, property owners should be given the opportunity to appear before Council for a decision. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91 -95, "RESOLUTION ORDERING IMPROVEMENT AND ADOPTING AND CONFIRMING ASSESSMENTS FOR FIRE PROTECTION IMPROVEMENTS TO SERVE SOMERSET 19 CONDOMINIUMS (IMPROVEMENT NO. 91, PROJECT NO. 8).11 Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 Administrator Lawell informed Council that additional fire protection work will need to be done at Somerset 19, and that the home owners have been informed that the current assessment roll does not complete the need for fire protection improvements. Councilmember Cummins stated that he has received complaints that the Fire Marshal annually inspects buildings and requires adjustments. He was concerned that the City is retroactively imposing standards for structures which complied with standards which were in place at the time they were constructed. Administrator Lawell responded that many of the new regulations can be imposed by code. In other cases, the requirements were not met in the original construction of the buildings. He stated that Somerset 19 is aware of the need to provide separation around the plastic pipe in the basement. He stated that as an alternative staff could bring the items to Council for a decision on whether code provisions can be waived. Councilmember Cummins stated that the Fire Marshal should advise property owners of all deficiencies at one time rather than annually. He also felt that if the expense for fire protection measures is excessive, property owners should be given the opportunity to appear before Council for a decision. Page No. 3186 December 17, 1991 MALLARD LANE PARK Council acknowledged a memo from Administra- DEDICATION tive Assistant Batchelder relative to an offer from Mr. Ted Van to donate an outlot along Mallard Road to the City for park land. In the memo, Council was informed that Mr. Van has requested that he be allowed to continue to use and maintain the property for horse pasture until such time as the park develops. Mayor Mertensotto stated that he has no objection to letting Mr. Van continue to graze horses on the land but would prefer setting a limit on the use. Councilmember Blesener moved to accept with appreciation Mr. Ted Van's donation of Outlot A of the Sunview Hills Addition to the City for park purposes and to allow Mr. Van to continue to use the property to graze horses until such time as the City develops a park or for a period of five years, whichever occurs first, with the provision that Council will consider extending the use by Mr. Van. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 KENSINGTON PARK Council acknowledged a report from Assistant Batchelder regarding preliminary Kensington Park plans. Park Commission Chair John Huber and Parks Project Manager Guy Kullander were present for the discussion. Mr. Huber informed Council that the Park Commission and city staff have been working to develop a plan for the two parks in Kensington for the past several months, and staff members have met with soccer representatives. Mr. Kullander stated that the Commission feels that the north park should be left as grassy fields until the area develops and residents indicate needs and desires. He reviewed the Park Commission's recommended concept design for the south park, which includes two soccer fields, playground equipment, two picnic shelters, and a utility building. Mr. Huber reviewed the concern over the NSP power line located over the northeast corner of one of the fields. He explained that the lines are a problem, and stated that when the field is on the ground, the solution may become more obvious. He stated that the issue Page No. 3187 December 17, 1991 was raised because the Commission wants Council to be aware of the problem. Mr. Huber informed Council that the impact of the power line will depend on where the sag crosses the field. The nature of soccer is such that a ball could get up high quickly, and the ball could strike the power lines. Until the field is built, the full impact of the powerline problem will not be known. Councilmember Blesener stated that she feels Council should wait to determine a solution until after the fields are graded. She also felt that the fields are really being crowded because of the power lines and suggested that the City work with the developer to see if it is possible to acquire more property to the west. If this could be accomplished, she indicated that she would be willing to consider minor variances in the setbacks for the first cluster of Kensington buildings. She also felt that there should be 60 feet between the two fields to allow more room for bleachers and separation between the fields. Mayor Mertensotto expressed concern that all of the City's soccer fields are too small and that the Kensington fields are now being scaled down. A representative of the soccer group stated that field one is fine but that field 2 is shrinking. He expressed concern that 40 feet between fields may not be enough room and that the second field may be further reduced to accommodate greater distance between fields. He further stated that a power wire 28 feet over a soccer field is not acceptable and that a 38 foot height is questionable. Mayor Mertensotto suggested delaying a decision until January to allow time to contact Centex about additional land. Councilmember Blesener raised other design issues, including the Commission's decision not to include a concession area. She felt that the park should not be treated differently from Mendakota or Sibley. She also suggested that unless code requires two toilets in the women's room, one should be eliminated to free up space to provide for a future concession area. Page No. 3188 December 17, 1991 Mr. Huber responded that if a concession area is intended for the future, the building would have to be built to code for health purposes. It was the Commission's thought that vending machines can be provided for pop and snacks at the side of the building, and that although a concession area would be nice, funding is questionable. Councilmember Blesener felt that even vending machines should be contained in an 8 by 8 foot room. Mayor Mertensotto suggested that the architects be authorized to look at incorporating the suggestions into the plan. Councilmember Blesener stated that the master plan should at least show locations for future light standards so that people who will be building in the area would recognize that there is a potential for lights. Councilmember Smith stated that if light standard locations are put in the plan, the door is opened for installing lights. She felt that lights would be inappropriate for the area. Councilmember Blesener responded that there would be no commitment or decision about lighting at this time, but that the potential for future lighting should be put in the master plan to address future long term possibilities and need. Staff was directed to talk to Station 19 Architects about incorporating the concession stand and addressing the cost impact, to contact Centex about the need for additional land, and to contact NSP to see what can be done to raise the power lines or move them further to the east. FANNED AIR CORRIDOR Council acknowledged a memo from Administrator Lawell regarding submission of the MSP fanned corridor test proposal and ANLEF resolution to the FAA and MAC. Air Noise Consultant Bob Collette was present for the discussion. Mr. Harry Rubbright, 1040 Avanti Drive, stated that if the city could get the FAA to accept a 100 to 118 degree corridor it would be to the city's benefit, but he did not feel the city's proposal would get approved. He stated that flights usually depart at about 90 degrees Page No. 3189 December 17, 1991 north, and that he has seen planes at 80 degrees north. He stated that the City must live with the restriction on a 118 degree south boundary, a precedent which has been established. He expressed anger over the amount of building being allowed in the southeast area of the City and commented that Eagan does not allow any building north of 118 degrees and felt that because of the building being allowed the City's threat to litigate will do nothing. He stated that if the requested test were for 100 -118 degrees he would contribute to the fund. Mayor Mertensotto responded that the cities that have threatened have gotten what they wanted, but that Mendota Heights has been trying to work within the system. He pointed out that the problem is that there is a southern boundary. This does not mean that independent of whatever changes occur at MSP the boundary can never be changed. He felt that Council must say it does not have to accept the mind set that the boundary cannot change but rather that the noise should be shared on an equitable basis. Mr. Joe Maegher stated that he was in favor of setting up the ANLEF fund but has problems with the resolution. He further stated that the resolution indicates that the test results are unacceptable but that he understands Council has not yet evaluated the flight tracks. The Collette proposal of a 90 to 150 degree corridor was presented to Eagan and they turned it down in 1989. In June 1991 a vote was taken and Council accepted 100 to 118 degrees, the test started later and now Council is going to give the FAA and MAC 90 days to run the test again. He asked what will happen if they say no. Mayor Mertensotto responded that the City will begin litigation, and that the problem is repeated overflights at 80 -90 second intervals. Councilmember Smith pointed out that the other part of the resolution was to collect $25,000 and allow six months to do that. Council has the opportunity to present the case and back that up with further action. If the minimum of $25,000 can be collected, the City will Page No. 3190 December 17, 1991 proceed, but there is currently no financial backing to proceed with a case. Councilmember Blesener agreed with Mr. Maegher's comments in terms of submitting the report again. She stated that while the resolution set a course of action she would rather see a letter that spells out what it is that the City is asking for. She suggested using a new document explicitly stating what Council wants, rather than resubmitting the Braslau Study. Mr. Collette stated that the record should be set straight. The MAC graphic on flight tracts is interesting by virtue of its unfairness but more wrong than the graphic is the mentality that Mendota Heights is asking more than is fair - the graphic does not show the impact area correctly. With respect to the southern corridor boundary, he informed Council on MASAC minutes and a newsletter article in May and June of 1973 which indicate that at that time the new concept of the corridor was discussed and there was no mention made of Mendota Heights. For some reason that has set the standard, but there has been a revolution in air traffic increases, etc. since that time. The fanned corridor proposal does some things that are major concessions up front. Noise data would be tracked by the FAA and the corridor would only be a fanned corridor 5-6 hours a day, during peak departure periods. The corridor as it exists today would remain except during peak times. The City would also be acknowledging that it is not proposing to do away with the corridor but in an effort during heavy traffic to obtain a dispersal of noise, the peak departure periods would be used to expand the corridor - a ground track of 118 would remain in place outside of those hours. Mr. Collette stated that the City has had access to the runway 4/22 draft EIS for only 30 days, that it is very technical and he has not had the chance to absorb it yet. He stated that the letter from the City cites the EIS as being contrary to what the City is being told. Mr. Collette reviewed excerpts from the draft Environmental Impact Statement for the extension of runway 4/22. He pointed out that it is most significant that the MAC and FAA propose lengthening runway 4/22 to Page No. 3191 December 17, 1991 disperse noise on that side of the airport. That philosophy is exactly what Mendota Heights is talking about, and if it is valid in the southwest quadrant of the airport, it is valid in the southeast quadrant. Councilmember Blesener stated that Council is trying to make demands on where to go, trying to define a corridor for all the non-peak departures and in addition to define the hours for a fanned corridor during peak. She stated that it is still not clear to her as to what Council proposes would be acceptable. She stated that 90 degrees is not acceptable to her but that a 100 to 118 degree corridor would be acceptable. The information Mr. Collette presented to Council should be in the cover letter to MAC and that rather than just submitting the Braslau report, Council should present what has changed and be specific as to what is acceptable as the peak period corridor. Councilmember Smith asked whether peak periods can be confined to what they are now or if they can be expanded in the future. Mr. Collette responded that the City will suggest that the peak hours be capped at eight hours per day. Councilmember Smith stated that she has a problem with 90 degrees and wondered whether that boundary should be defined in terms of deviation from the center so that each community experiences the same noise rather than setting a 90 - 100 degree boundary. She stated that if the north must be 90 degrees, than the south must be 150. If the City indicates that 90 degrees would be acceptable, 150 degrees should be acceptable to Eagan. Mr. Collette stated that the primary heading the tower uses is the 100 degree heading, which is the one that is the hinge. The 90 degree heading is extremely infrequent. Councilmember Blesener asked why the cone should not be 103 north and 118 south. She felt this should be the corridor and that everything outside that cone should be shared. Mr. Collette stated that at the last meeting Council voted for a dual track approach, one track is that Council is open to reviewing the Page No. 3192 December 17, 1991 data and wants to see what the corridor test said. He felt that the City cannot be too dogmatic and must be flexible enough so that MAC and the FAA can modify what is requested. Councilmember Blesener stated that she believes that in the resolution Council is requesting a test of the dispersal procedure during peak departure, but did not define what acceptable corridor limits are. She felt Council is not being aggressive enough on limiting the corridor and felt that it should be a 15 degree cone for non -peak departures or all should be released on a 110 degree heading. Mr. Collette suggested that he and the Mayor and City Administrator meet to consider dispersal during peak periods and the drawing in of the north boundary during non -peak to create a 15 degree pie. Councilmember Smith stated that she is not willing to accept the 118 degree southern boundary which was set on a very arbitrary 1 basis without an EIS, and if there is to be a ' narrowed corridor Mendota Heights must make sure that it fans out evenly. Councilmember Cummins agreed, stating that Council should recognize that Eagan has very clear interest but does not recognize the legitimacy of a decision made in 1973. Councilmember Blesener stated she objects to the Braslau report reference to 90 degrees. She suggested that during non -peak hours planes could be centered on the centerline of a fifteen degree cone. It was the consensus of Council that the letter to the MAC should include excerpts from the draft EIS which indicate a preference for equitable distribution of aircraft noise, that the Braslau /Collette study should not be an attachment to the letter, but rather that the letter present the City's position that the peak departure corridor boundary should be a 90 degree bearing from the runway 29R middle marker for runway 11L and a 150 degree bearing from the southeast end of runway 11R/29L, non - peak departure boundaries of a 110 degree bearing from the runway 29R middle marker for Page No. 3193 December 17, 1991 departures off runway 11L and a 125 degree bearing from the southeast end of runway 11R/29L, and that the peak departure fanned corridor be used only during the most intense departure periods, capped at no more than eight hours per day. MENDOTA INTERCHANGE Council acknowledged an update from Engineer Klayton Eckles on the Mendota Interchange storm sewer cost division negotiations. Staff was directed to continue to negotiate with Mn /DOT and aggressively maintain the City's position on equitable cost distribution. Councilmember Cummins moved to authorize an expenditure of up to $4,625 to Barr Engineering for services in connection with Mendota Interchange as described in a letter from Barr dated December 10, 1991. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 RECYCLING POLICIES Councilmember Blesener moved adoption of Resolution No. 91 -96, "RESOLUTION ESTABLISHING RECYCLING POLICIES." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONTRACTOR LICENSING Council acknowledged and discussed a memo from the City Clerk regarding contractor licensing and a proposed Ordinance amending the licensing ordinance. Councilmember Blesener felt that the proposed list of trades requiring licensing was too broad and that the cost of acquiring a license is passed on to home - owners. She did not feel that the City should continue to license contractors. After discussion, Councilmember Cummins moved adoption of Ordinance No. 281, "AN ORDINANCE AMENDING ORDINANCE NO. 601." Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Blesener Page No. 3194 December 17, 1991 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:32 o'clock P.M. 26;; �' q ) 2!22\,A- z- -- K thleen M. Swanson City Clerk ATTEST: o-, Charles E. Mertensotto Mayor