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1991-11-19 Council minutesPage No. 3155 November 19, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 19, 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, and Smith. Councilmember Koch had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Treasurer's monthly report for October. b. Adoption of Resolution No. 91 -80, "RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR IVY FALLS CREEK PHASE II CONSTRUCTION AND PREPARATION OF A PROPOSAL FOR IMPLEMENTATION OF A STORM WATER UTILITY PROGRAM (IMPROVEMENT NO. 91, PROJECT NO. 7)." C. Authorization for the purchase of 15 election voting booths from Business Records Corporation for a cost not to exceed $2,700. d. Approval of an eleven week paid leave of absence for Police Sgt. Dorance Wicks to allow his attendance at the 170th session of the F.B.I. National Academy in accordance with the terms of an agreement between Sgt. Wicks and the City. Page No. 3156 November 19, 1991 e. Approval of the list of contractor licenses dated November 19, 1991 and attached hereto. f. Approval of the List of Claims dated November 19, 1991 and totalling $431,735.92. g. Acknowledgment of the draft minutes of the Parks and Recreation Commission meeting held on November 12th. h. Acknowledgement of a report on the Kensington Park concept design progress. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONTRACTOR LICENSING Council acknowledged a memo from the City Clerk regarding state licensing of general and remodeling contractors and City options for continued contractor licensing. Councilmember Cummins moved to direct staff to prepare an amendment to the licensing ordinance to exempt residential general contractors and remodelers from the licensing provisions, to direct staff to revise the City's fee schedule to require a $5.00 surcharge on building permits, effective January 2, 1992, to defray the cost of verifying state licenses, and to suspend the requirement for new licenses and continuation certificates for bonds and insurance for currently licensed general contractors and remodelers. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 I-35E BRIDGE Council acknowledged a report from Public Works Director Danielson regarding the Mn/DOT T.H. 13 bridge replacement project (Improvement 91-7). Mr. Danielson informed Council that Mn/DOT proposes to move Victoria Road west to improve the I-35E intersection. In conjunction with that, some of the City utilities, which are too shallow, will need to be lowered at some expense to the City. He recommended that reimbursement of the City cost be requested from the County and Mn/DOT's State Aid engineer. Page No. 3157 November 19, 1991 Responding to Council questions, Mr. Danielson stated that he is not sure at this time what will happen to the abandoned right-of-way but that Mn/DOT will have to retain utility, drainage and trail easements for the City. He also stated that the easements granted by the City to the County along Caren Road should not be affected. Councilmember Blesener moved adoption of Resolution No. 91-81, "RESOLUTION REQUESTING THAT THE MINNESOTA DEPARTMENT OF TRANSPORTATION INCLUDE A TRAIL ALONG VICTORIA ROAD AS PART OF STATE PROJECT 1902-42,11 along with authorization for the Mayor to execute a temporary easement over Lots 2 and 3, Tilsen's Highland Heights to Dakota County. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 MENDOTA PLAZA SIGNAGE Council acknowledged a memo from Public Works Director Danielson regarding a requested amendment to the Mendota Plaza sign criteria. In the memo, he informed Council that the Old America Store is interested in leasing the former Country Club Market space in the Plaza but have indicated they will commit to the space only if they are allowed suitable signage on the front of the building. The dimensions of the proposed sign are 58 feet 3 inches by 5 feet. The Mendota Plaza sign criteria approved by Council in 1988 allows for a maximum letter height of three feet. Mr. Ed Paster, owner of the shopping center, indicated that the sign criteria which Council had approved at his request, is in error because it does not provide for a large tenant space. He stated that the sign band on the building is 5 1/2 feet tall and the criteria calls for 36 inch letters, although some of the letters in the Snyders sign are 4 foot tall. He asked that the criteria be amended to allow a four foot letter height, which is what Old America proposes. He informed Council that the Old America sign will consist of red, white and blue letters, and that if the signage is approved, the client will sign a five year lease. Councilmember Cummins moved to amend the agreement with Paster Enterprises to provide for a maximum sign size of 58 feet, 3 inches Ayes: 4 Nays: 0 14 9 ..O Ayes: 4 Nays: 0 Page No. 3158 November 19, 1991 wide by 4 feet deep for the Old America sign and letter size requested by Old America and that the Mendota Plaza sign criteria be amended to allow 4 foot tall letters for any future tenant of the space proposed to be occupied by the Old America store. Councilmember Smith seconded the motion. Mayor Mertensotto informed Council that he has spoken with Mr. Paster about the possibility of a congregation /meeting area for senior citizens in the Plaza and that Mr. Paster has indicated that it may be possible to accommodate the request. Mr. Paster responded that there is space available in the center and that he would be happy to accommodate the senior citizens. He informed Council that the only finished space is the area previously occupied by the hardware store (approximately 6,000 square feet.) He stated that he would be happy to accommodate the request on a temporary basis if the seniors provide their own chairs and tables and support the cost of operating expense (utilities) for the area they use. Mayor Mertensotto suggested that the area needed would likely be about 20 by 30 feet. Mr. Paster responded that he would be happy to provide the seniors with a portion of the space which is currently available, although he would not build an area for them within the vacant space. Staff was directed to work with Mr. Paster on the matter. Council acknowledged a memo from Treasurer Shaughnessy relative to a petition from the residents of Somerset 19 that the City assess the costs incurred for fire protection improvements which were ordered by the Fire Marshal. Councilmember Cummins moved adoption of Resolution No. 91 -82, "RESOLUTION ORDERING ASSESSMENT ROLL AND CALLING FOR AN ASSESSMENT HEARING ON PROPOSED SOMERSET 19 FIRE PROTECTION IMPROVEMENTS (IMPROVEMENT NO. 91, PROJECT NO. 8)," the hearing to be held on December 17, 1991. Councilmember Blesener seconded the motion. Page No. 3159 November 19, 1991 1306 KENDON LANE Council acknowledged a memo from Treasurer Shaughnessy recommending the replacement of a faulty furnace at 1306 Kendon Lane, and informing Council on three quotes received for a new furnace. Councilmember Cummins moved to accept a low quote of $1,700 for furnace replacement at 1306 Kendon Lane. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 1305 KENDON LANE Council acknowledged a memo from Treasurer Shaughnessy regarding an offer of $68,000 received from Mr. & Mrs. Arehart for the purchase of 1305 Kendon Lane, subject to MN HFA First Time Buyer financing. It was noted that the Areharts, who had contacted the City about the home prior to the listing with Dave Ross, were exempted from the listing agreement with Dave Ross Realty. Administrator Lawell informed Council that the Areharts have signed a purchase agreement and that payment of the points will be the responsibility of the buyers. Councilmember Smith moved to authorize the Mayor and City Clerk to execute all necessary transfer documents for the sale of 1305 Kendon Lane for $68,000, subject to the buyers obtaining first time buyer financing. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 AIR NOISE LITIGATION Council acknowledged a report and proposed FUND resolution from Administrator Lawell relative to creation of an air noise litigation fund (ANLEF) . Mayor Mertensotto stated that in his opinion the most significant part of the air noise problem is repeated overflights coming off of runway 11L and flying at 100 degrees. Repeated overflights occur about every 82 seconds and are not taken into account when the LDN metrics are run. He pointed out that the City has been trying to tell MAC and the FAA that the problems comes from the repeated overflights. He stated that the City must address the issue and get the attention of MAC Page No. 3160 November 19, 1991 and the FAA: air noise is the City's number one issue. Mayor Mertensotto reviewed the proposed resolution for the audience. The resolution provides for the creation of the ANLEF, funded by contributions from residents, for the purpose of bringing declaratory judgment action against the MAC/FAA in U.S. District Court in the event that the agencies deny or fail to affirmatively respond to the City's reapplication for a fanned corridor test within a 90 day period of application submission. Mr. Bob Collette, air noise advisor for the City, reviewed the ten critical issues that have changed air noise over the years. He also reviewed the FAA response after the 60 day fanned corridor test which was implemented on August 12th. He informed the audience that the question is noise equitability. The problem is that noise has increased 30% and Mendota Heights is taking all of the increase. The alternatives for MAC are operationally viable, but the MAC staff considers them unacceptable because they feel the alternatives would open new noise areas and are contrary to historical agreements and land use policies. Mayor Mertensotto asked for questions and comments from the audience. Mrs. Wallace Cosgrove stated that she used to call the MAC noise line often but was told she was not seeing what she was indeed seeing, so she quit calling. Ms. Liz Petchell, a resident of Copperfield, stated that her family bought their house in 1987 and in advance of buying, spent much time on the lot in watching the aircraft. She stated that there were some aircraft at the time but it was not bad. Every season that has passed since then has brought an increase in air noise. She pointed that another change that has occurred is that in 1987 commercial flights stopped at 10 P.M.: now they continue until 11 P.M., and no one at the MAC wants to address that impact. She stated that she will contribute to ANLEF. Mr. Bernie Friel stated that as the former MASAC representative it is clear to him that trying to work with the MAC and FAA has proved Page No. 3161 November 19, 1991 entirely ineffective and that litigation is the approach to take. He felt that the test got the City nowhere - all the FAA will pay attention to is a rule they must follow, and short of imposing a rule through litigation the City will not see any positive result. Mayor Mertensotto informed the audience that after the first of the year he will work on setting up block parties to generate contributions to the ANLEF. Mr. Ed Harter, 909 Bluebill Drive, stated that he has lived at his address for 5 years and supports what others have said about air noise. Both the number of flights and extended hours definitely have impacted his neighborhood. He stated that he supports the creation of ANLEF. Councilmember Blesener felt that items I'll' and 11211 of the resolution are too limiting - the City wants relief from air noise, not just the test. She suggested that the agencies do agree to a test the City may still get no relief. She suggested that the language be clear that in the event that the test is completed the City demands relief. Mr. Mike Dwyer, 558 Stone Road, agreed stating that the resolution will be binding on the City and should be as clear as possible. He felt that there is a step missing in the document - what is to be litigated. Mr. Collette responded that in the event that the results of the test do not supply a level of relief through fanning acceptable to the City, than the ANLEF would litigate. Councilmember Cummins did not feel that one year is a realistic time to keep the fund in tact (paragraph 9). He pointed that getting a test next year would be lucky. He suggested that it would be prudent to keep the ANLEF in tact for two years. Councilmember Blesener suggested that there should be a time limit for collection of the $25,000 minimum (paragraph 9), and suggested that a maximum of six months be allowed for raising the $25,000. Page No. 3162 November 19, 1991 Mr. Friel suggested that paragraph four be revised to include that in the event the test does not result in appropriate noise relief as determined by the City Council then the City will seek appropriate relief through litigation and related administrative policy. He also suggested that Council may wish to add a clause to provide that the City can use the fund for pre-litigation administrative costs - to defray cost of exhausting pursuing other administrative courses of action before litigation, which may require legal expertise. Councilmember Cummins suggested alternative language that in the event that MAC/FAA deny the application or fail to respond or if the requested test is adopted but the agencies fail to adopt a fanned corridor procedure the city will consider bringing action. After discussion, Councilmember Cummins moved adoption of Resolution No. 91-82, "A RESOLUTION ESTABLISHING THE MENDOTA HEIGHTS AIR NOISE LITIGATION ESCROW FUND," revised to include "to the north" in paragraph 3, that litigation be commenced by June 1, 1994 (paragraph 9) and to include Councilmember Cummins' language with respect to affirmative relief. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 PART 150 PROGRAM Council acknowledged a report from Administrator Lawell regarding the Air Noise Mitigation Part 150 Program and the MAC implementation plan. In the memo, he outlined three options available to assist homeowners, including insulation, acquisition of eligible properties, and banking the funds for 1992 in anticipation of combining the funds with those received in future years. Administrator Lawell explained that the allocation formula was not the suggestion of the Dakota County communities, but rather was the result of a vote of the members of the Part 150 group. Mendota Heights and Eagan did not agree with the fund distribution formula and voted against it. It was the position of the two communities that funding should be allocated based on the volume of traffic over the communities as opposed to the number of households in the LDN 65 contour. Page No. 3163 November 19, 1991 Mr. Collete explained how the LDN 65 figures were determined and stated that if the goal is significant noise relief, the MAC should look at the LEQ for a 24 hour basis. Mayor Mertensotto asked how it should be determined who gets the relief. He pointed out that the amount of money the City will receive would only benefit about nine homes. He pointed out that there are too many questions for Part 150 to be a workable program for the City. Administrator Lawell stated that the only contour the FAA will accept for distribution of the funding is LDN 65 but that the City can review the LDN countour assumptions and try to get them to re-run the computer model. Mayor Mertensotto expressed concern over the requirement of an avigation release by the homeowners. Administrator Lawell stated that the release would be based on sound levels at a given point in time and that the MAC is uncomfortable with avigation easements but prefers releases. Mr. Collette stated that the question is what happens for the next owner of a property. Administrator Lawell responded that an easement could be filed against the property but that the MAC does not want something as strict as an easement. Mayor Mertensotto pointed out that the City must respond that the City will not make an affirmative commitment until Council has more time to study the matter. Mr. Collette informed Council that the MAC is asking the communities to set the priorities. Administrator Lawell stated that Minneapolis has indicated that it will not acquire homes but will insulate. It seemed to be the consensus of the communities involved that each would make its own determination on its own priority. Mayor Mertensotto stated that he feels the response should be that the funding for Mendota Heights is totally inadequate, that LDN 65 contours are not indicative of the problems being experienced in the City, and Page No. 3164 November 19, 1991 that the City will undertake to study its priorities or will bankroll the funds. Administrator Lawell stated that MAC is not looking for prioritization of homes tonight but is looking for the preferred use of the funds. MAC must have that information in its application to the FAA. Mayor Mertensotto stated that if the City must make an election at this time, subject to amendment, the intent would be to use the funding for soundproofing. Councilmember Blesener stated that an option is for the City to start to bank the money for a future large scale buy-out. Mr. Collette informed Council that there is another source of funding it may wish to pursue. He stated that a locally generated (and locally used) passenger charge will soon be implemented and is estimated to generate $24 million annually locally. The current plan is that the money will all go "on airport." He suggested that the City should go on record as saying that half of the money should be used for acquiring homes, ETC.. Administrator Lawell informed Council that the MAC wants all of the $4 million 1992 allocation spent. If the City elects to bankroll its allocation (subject to agreement with MAC), the City's allocation would probably be spent in another community in 1992 but Mendota Heights would get a commitment that the amount would be "bankrolled" for its future use. Mr. Collette pointed that the overall program is for 15 years and the reason it is starting with $4 million is because there has been no experience yet. The MAC plans to aggressively pursue soundproofing and acquisition with the project $10 million future annual allocations. Councilmember Blesener felt that perhaps the allocation should be banked but that the response to MAC should keep the City's options open. Councilmember Cummins suggested that staff prepare a more specific proposal as to how to use the funds, suggesting priorities. Page No. 3165 November 19, 1991 Administrator Lawell stated that he will prepare additional information for the next Council meeting. FIRE STATION DEMOLITION Council acknowledged a report from Guy Kullander regarding bids received for the demolition of the old fire station. Mayor Mertensotto stated that the bids do not include removing the foundation and that he feels all debris and all of the foundation walls except the one to the south should be removed. He suggested accepting the bids and placing a $24,000 cap on demolition and removal of the three foundation walls and debris, requesting revised bids from Kamish and Bolander. Fire Chief Maczko was present and felt that further research should be been done with respect to finding other uses for the facility. Mr. Bernie Friel stated that he does not understand why the City would spend $20,000 to tear the building down before a developer expresses interest in the site. Councilmember Blesener pointed out that the intent is to clear the site to make it more desirable for a developer but that there might be some merit in putting a sign on the site to market it before the building is demolished. Ms. Laurie Weinzettel was concerned that as an immediate neighbor she was not informed that the matter was to be on the agenda. She stated that demolition of the facility could affect her home and that she is concerned over water runoff. Mayor Mertensotto responded that the City does not have a proposal for the site, but that it is an eyesore and the facility is in poor repair. Ms. Weinzettel agreed, stating that her property value has decreased for the past two years because of the condition of the fire station but that she thinks it would be better to spend $10,000 to repair the building than to tear it down. Page No. 3166 November 19, 1991 Councilmember Blesener stated that since the bids came in much higher than she expected, she would like to see them rejected and allow the public to submit ideas for use of the facility. She felt that delaying the demolition for six months would not hurt, pointing out that the City has been dealing with the problem for years. Mayor Mertensotto stated that the City has a liability in owning a vacant building which is not secure, has no heat and poor wiring. He pointed repairing the facility would be costly. Ms. Weinzettel stated that she wants some idea of how the site will develop. She stated that she is well aware that the facility is an eyesore - her property valuation has decreased by $8,000 because of it. Councilmember Blesener moved to reject the demolition bids and table the matter for six months. The motion died for lack of a second. Councilmember Cummins asked Administrator Lawell for a staff reaction. Administrator Lawell responded that on August 7th staff was directed to get bids for the demolition, and subsequently published notice. The bids came in on November 15th, which is why the matter was placed on the add-on agenda. The bid amounts were not unexpected - an estimate 5 years ago was in the $18,000 range, and the low bid of $16,890 is quite favorable. In terms of renovation, he stated that staff concern involves appropriate use and access. The parking is very limited and the City would be opening itself up to question by allowing it to be used by seniors or other groups because of access to Dodd. Fire Chief Maczko asked whether Council has considered allowing the station to be used for cold storage again, pointing out that heat is not need for cold storage. Councilmember Smith asked what staff would estimate operating costs would be to keep the building at a minimum standard. Public Works Director Danielson pointed out that renting the space out brings other Ayes: 3 Nays: 1 Blesener Page No. 3167 November 19, 1991 problems, and informed Council that he spent much time in court trying to get back rent when the building was leased for storage. Responding to comments from Ms. Weinzettel and Chief Maczko regarding City storage needs, Administrator Lawell stated that the base of the water tank is currently available for storage of police vehicles, etc., and the fire station is not needed for City storage. Councilmember Cummins pointed out that Council has done nothing but complain about the building for the past seven years. Mayor Mertensotto stated that Council has wrestled with the problem for well over a year and although he can anticipate comments for renovation he feels renovation would not make economic sense. Councilmember Smith stated that she understands both sides of what has been said and that her impression is that the facility has long been considered to be an eyesore and that it does not have any long-term usefulness. Councilmember Cummins moved to adopt Resolution No. 91-83, "RESOLUTION AWARDING CONTRACT FOR DEMOLITION OF OLD FIRE STATION," amended to secure amended bits to allow removal of the basement floor and foundation walls, with a cap of $23,000 on the total cost. Councilmember Mertensotto seconded the motion. With respect to drainage, Public Works Director Danielson advised Ms. Weinzettel that every effort will be taken to ensure proper drainage. He further stated that staff will notify Ms. Weinzettel and her neighbors of the demolition date in order to minimize any negative affects, including parking. Administrator Lawell stated that the telephone pole is excluded from the bid documents, at Mr. Tom Weinzettel's request, so that he can have the pole if he desires. Further, he stated that Kamish has asked what permits are necessary and has further asked if permit fees can be waived. Page No. 3168 November 19, 1991 ADJOURN There being no further business to come before the Council, Councilmember Blesener moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:38 o'clock P.M. athleen M. Swanson City Clerk ATTEST: OV A�4 lie; Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL November 19, 1991 Gas Piping Licenses Forrest Heating Hokanson Plumbing, Inc. General Contractors Licenses CNS Construction Timbercraft Enterprises, Inc. Heating & Air 'Conditioning License Forrest Heating