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1991-10-15 Council minutesPage No. 3138 October 15, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 15, 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 Cummins moved adoption of the revised agenda for the meeting. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Cummins moved approval of the minutes of the October 1, 1991 regular meeting with corrections. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Blesener 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 minutes of the October 8th Park and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for September. C. Acknowledgment of the Code Enforcement monthly report for September. d. Acknowledgment of a report on Parks and Recreation Commission attendance record. e. Approval of a modified site critical area site plan for W.F. Bauer Construction, to allow construction of a single family home at 1245 Knollwood Lane (Lot 10, Block 1, Ivy Hills West 2nd Addition). Page No. 3139 October 15, 1991 f. Adoption of Resolution No. 91 -74, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE PLACEMENT OF THREE REMOTE NOISE MONITORING TOWERS." g. Adoption of Resolution No. 91 -75, "RESOLUTION ADOPTING AND CONFIRMING THE REASSESSMENT OF DELINQUENT ASSESSMENTS OF VICTORIA TOWNHOMES." h. Acknowledgment of the draft 1992 AMM Legislative Policies. i. Approval of the list of contractor licenses dated October 15, 1991 and attached hereto. j. Approval of the list of claims dated October 15, 1991 and totalling $194,666.65. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Joe Maegher was present with respect to air noise. He asked for information on location of the noise monitors, and if any are proposed to be located north of T.H. 110. Administrative Assistant Batchelder responded, stating that permanent monitors were approved for Mohican Court, the Furlong area and the Curley's neighborhood. He explained that MAC will also have "roving" monitors, capable of taking readings from anywhere in the City, available, and that the City has informed MAC of potential sites for the monitors in Mr. Maegher's neighborhood and near Sibley, as well as other sites south of T.H. 110. He informed Mr. Maegher that he does not know the timetable for these monitors. Mayor Mertensotto stated that he believes MAC has indicated it would be at least a year before the movable monitors will be available. He also explained that the purpose of the monitors is to determine noise intensity, not to determine where aircraft are flying. Mr. Maegher was particularly concerned over increased air traffic from runway 4. He asked what has transpired on the air noise issue in Page No. 3140 October 15, 1991 the past three years and why the City must share in noise over Highland Park. He also asked where the northern boundary of the corridor is. Mayor Mertensotto stated that he has received more complaints about aircraft noise during the test period than he did before the test. He further stated that he does not think much has changed. He pointed out that he has spent four years on the aircraft noise problem and there is not very much the City can do about it - in his judgment the noise in Mendota Heights has not been alleviated because the procedure for non - simultaneous departure has not been followed. He stated that the reason for the noise problem is that the south boundary was established by a memorandum in the 1970's but no north boundary has been established. Although the situation is totally inequitable, there is nothing Mendota Heights can do about it. He suggested that an air noise litigation fund be established in the hope that $25,000 to $30,000 can be raised through contributions from residents. Donations would be recorded so that they can be returned if the fund is not used. The purpose of the fund would be to take MAC and the FAA to federal district court to find out what is so indelible about the southern boundary which the agencies have refused to change. Mayor Mertensotto informed Council of a letter he received from a Northwest Airlines Captain. Mr. Maegher stated that if a litigation fund is established, he will contribute. Mayor Mertensotto stated that he sees no alternative but to attack the matter head on and not at the expense of the tax - payers. He informed Council that he has asked the City Administrator to explore setting up an escrow fund. BOND SALE Council acknowledged and discussed tabulations of bids received for the sale of $1,015,000 Park Bonds and $1,030,000 Improvement Bonds. Councilmember Blesener moved adoption of Resolution No. 91 -76, "RESOLUTION ACCEPTING BID ON SALE OF $1,030,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1991, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT Page No. 3141 October 15, 1991 THEREOF," awarding the sale to Norwest Investment Services, et al, for their low net interest rate of 6.0530. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91 -77, "RESOLUTION ACCEPTING BID ON SALE OF $1,015,000 GENERAL OBLIGATION PARK BONDS OF 1991, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the sale to Piper Jaffray & Hopwood, Inc., et al, for their low net interest rate of 6.255 %. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 BID AWARD, BRIDGEVIEW Public Works Director Danielson reviewed a SHORES 3RD ADDITION tabulation of bids received for improvements to serve the Bridgeview Shores Third Addition. Mayor Mertensotto informed Council that Bernard Friel had notified him that he and Marvin Anderson Homes are involved in a boundary dispute and that the Bridgeview Shores contractor has been working on his property. Public Works Director Danielson responded that he is aware of the dispute but felt that that is a different issue from installation of the public improvements. He pointed out that the lots abutting Mr. Friel's property are large and that the dispute involves the rear lot lines, which would not be affected by the improvement project. Councilmember Cummins moved adoption of Resolution No. 91 -78, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STORM SEWER AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES 3RD ADDITION (IMPROVEMENT NO. 91, PROJECT NO. 5)," awarding the contract to Excel Utilities for their low bid of $138,922.50. Councilmember Blesener seconded the motion. Ayes: 5 Nays: 0 HEARING - EASEMENT Mayor Mertensotto opened the meeting for the VACATION (KENSINGTON) purpose of a public hearing on an application from Centex Homes for vacation of a drainage Page No. 3142 October 15, 1991 and utility easement across the easterly lot line of Lot 5, Block 2, Kensington PUD. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Cummins moved that the hearing be closed. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Blesener moved adoption of Resolution No. 91 -79, "RESOLUTION APPROVING VACATION OF A DRAINAGE AND UTILITY EASEMENT." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MENDOTA INTERCHANGE Council acknowledged a report from Engineer STORM SEWER Eckles regarding storm sewer cost sharing for the Mendota Interchange highway project. In his report, Mr. Eckles informed Council that Mn /DOT proposes an $803,000 cost to the City and recommended that the City retain Barr Engineering, for a cost not to exceed $11,000, to prepare a city storm water plan and assist staff in negotiating a significant reduction in the cost proposed by Mn /DOT. Mayor Mertensotto asked how the storm sewer cost will be financed. Treasurer Shaughnessy responded that the Tax Increment Plan provides the ability to finance cost of storm sewer improvements and that he would propose that financing be primarily by Tax Increment funding and to a lesser degree by assessment. He informed Council that it appears that the majority of the land affected is cemetery property. He further stated that while the preliminary figure from Mn /DOT is astronomical, it is hoped that by the time the project is bid the City staff will have negotiated a much smaller final figure. Mayor Mertensotto stated that the letter from Barr Engineering to Public Works Director Danielson is appropriately stated - Barr would make a presentation to Council and Council would select an option. He stated that he does not want Barr to meet with Mn /DOT until Council has discussed and selected an option. Page No. 3143 October 15, 1991 1 Councilmember Cummins moved to reject the Mn /DOT proposal for the assessment against the City and to retain Barr Engineering for an amount not to exceed $11,000, with the understanding that Barr will appear before Council for review and selection of an option before meeting with Mn /DOT. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 REVIEW BOARD PROCESS Council acknowledged a memo from Administrator Lawell and a letter from County Assessor Pulju with respect to implementation of a revised Review Board process which would transfer City Review Board duties to the Dakota County Board of Equalization. Mayor Mertensotto stated that he does not agree with the proposal and was not aware that the County went before the legislature for adoption of legislation to allow the revised process. He further stated that while he realizes that the local Board procedures are costly to the County, but in most cases there is a follow up on valuations of properties questioned at the Review Board meeting. He stated that what he does not like is that Council would be giving up rights as a Review Board and another avenue for people to be heard by their local elected officials would be taken away. He noted that he would be willing to work with the County on streamlining procedures so that residents can appear locally and sign written inquiries, and then let the County respond to them and make appointments to see the properties. He did not see the benefit in making the process more removed from the residents. Councilmember Cummins agreed, stating that Council has too few opportunities to meet with the tax payers. He suggested that Council might watch for a year and see what happens in other cities which adopt the new procedures before Council takes the irrevocable step of implementing the procedures. Mayor Mertensotto stated that he agrees that the existing process is burdensome for the Assessor's Office and would gladly work with the County to streamline the process. Page No. 3144 October 15, 1991 Councilmember Blesener stated that she agrees with the statements about tax-payers addressing the Council but that the thrust of the proposal is to better serve the residents so that they do not have to sit at the Board of Review for three or four hours before meeting with an assessor. It was the consensus that the Administrator be directed to communicate to the Assessors Office that they should make it clear to residents that they have the option to submit written notice of objection to valuations in lieu of attending the Board of Review. Staff was directed to include an article in the Heights Highlites to inform residents that Council has elected not to transfer local Board of Review powers to the County. 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: 8:45 o'clock P.M. Yathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL October 15, 1991 Masonry License Jack's Concrete & Masonry, Inc. Gas License Inver Grove Heights Htg. & Cooling, Inc. General Contractors Licenses Custom Pools, Inc. Home Enhancers, Inc. Linert Construction Thordson, J.-Construction Co. Heating & Air Conditioning Licenses Inver Grove Heights Htg. & Cooling, Inc. Rumpca Services, Inc. Sign Licenses Schad-Tracy Signs, Inc. Universal Sign Co.