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1991-06-18 Council minutesPage No. 3031 June 18, 1991 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 18, 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 Cummins, Koch and Smith. Councilmember Blesener had notified the Council that she would be absent. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting, revised to move item 5f to 9b on the agenda. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the June 4, 1991 regular meeting. 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 minutes of the June 11th Park and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for May. c. Acknowledgment of a letter from Goodwill Industries regarding the relocation of the attended donation center to the Menards Plaza. d. Adoption of Resolution No. 91-30, "A RESOLUTION REQUESTING A BUDGET REVISION TO THE 1991 SOLID WASTE ABATEMENT JOINT POWERS AGREEMENT." Page No. 3032 June 18, 1991 e. Adoption of Resolution No. 91 -31, "RESOLUTION APPROVING FINAL PLAT FOR VICTORIA HIGHLANDS 10TH ADDITION." f. Adoption of Resolution No. 91 -32, "RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IMPROVEMENT, AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS TO SERVE THE LENNOX SITE (IMPROVEMENT NO. 91, PROJECT NO. 3)." g. Adoption of Resolution No. 91 -33, "RESOLUTION ESTABLISHING FIRE PERSONNEL AND EQUIPMENT USE FEES FOR SERVICE PROVIDED BY THE MENDOTA HEIGHTS FIRE DEPARTMENT." h. Approval of the list of contractor licenses dated and attached hereto. i. Approval of the list of claims dated and totalling $405,642.44. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 AIRPORT ISSUES Mr. Nigel Finney, Metropolitan Airports Commission Deputy Executive Director for Planning and Environment, and Mr. Walter Rockenstein, Chair of the Interactive Planning Committee, were present to discuss six concepts currently under study for the MSP Airport. Mr. Rockenstein informed Council and the audience that this evening's discussion is one part of a dual track process mandated by the State Legislature to look at how to provide services to the Twin Cities. The dual track process consists of MAC study of the six MSP expansion concepts and Metropolitan Council selection of a potential site for a new airport in the metropolitan area. By the end of the year, MAC must select one of the six options by the Metropolitan Council must select one of the sites. He explained the charge of the Interactive Planning Committee and informed the audience that Mayor Mertensotto is a member of the committee. Mr. Finney then gave a presentation on the six development concepts, distributing to the Council and audience copies of a MAC report Page No. 3033 June 18, 1991 entitled "Description of Six Airport Development Concepts under Study for the Long Term Comprehensive Plan," and dated April, 1991. Mayor Mertensotto informed the audience that the purpose of this meeting is to provide information and gather feedback from the community. He stated that the north parallel runway concept would impact Mendota Heights the most, even though it is stated only to be a landing runway. MAC is projecting an increase in operations of almost 100,000 annually over a twenty year period, which means that runways 11L and 11R will be primarily used for take -offs. It can be assumed that the number of take -offs and landings are equal, but take -offs would increase on the two existing parallel runways, over Mendota Heights. If the traffic increases as projected, air noise over the City will increase. He asked Mr. Finney how many daily operations there are, and how many departures are from runways 11 R /11L. Mr. Finney responded that there are 1,000 operations daily, which could increase to 1,500 per day by the year 2020. He stated that although the north parallel runway would be used predominantly for landings, that does not mean it will not be used for departures. He further stated that 50 to 60% of the landings and 50 -60% of the departures come into the Mendota Heights /Eagan corridor. When runway 4 is being used to the north east, some of those flights come over Mendota Heights. If the north /south runway concept was selected, it would dramatically reduce the use of the parallel runways, but if the total operations increase the City might see more air traffic activity than today. He agreed that the north parallel runway would have the greatest impact on Mendota Heights, since about 60% of the airport activity would take place on the north side. In his presentation, Mr. Finney had stated that by the year 2000, 85% of the DC 9's and 727's would be phased out because of legislation requiring Stage 3 aircraft. Mayor Mertensotto pointed out that Northwest Airlines has asked for an extension of the requirement for Stage 3 aircraft. Mr. Finney responded that this has not been taken into Page No. 3034 June 18, 1991 account yet. He stated that Northwest has the oldest fleet of any carrier in the country and that at a minimum the legislation requires that 85% of a fleet by Stage 3 by 1999. Mayor Mertensotto asked for questions and comments from the audience. Mr. Joe Maegher asked for information on prevailing winds. Mr. Rockenstein responded that he believes the prevailing winds in summer are from south/southeast and north/northwest in winter, which is why the current runways are oriented as they are. Mr. Maegher stated that runways 11L and 11R are still used when the winds are from the east. He asked why planes come off 11L and turn over Mendota School. He stated that nothing has been done to keep planes in the corridor and now the audience is being told another runway is needed. He asked where residents can go with their complaints. Mr. Rockenstein responded that until the crosswind component reaches about 14 knots, the FAA permits departures or landings without respect to wind. He stated that one of the options the legislature is looking at is additional runways at the airport. With respect to complaints, he stated that calls should go to the MAC and MASAC, but that aircraft will continue to take off on the north runway regardless of who is called. Mr. James Losleben stated that he has lived in the City for 22 years. He asked why the noise contour lines go so far towards southeast than northwest. Mr. Finney responded that more activity occurs in that area - more departures, which drive the size of the contour. Mr. Losleben stated that an additional runway will impact the City dramatically. He further stated that he is not in favor of moving the airport but objects very much to the increased airport noise. MSP has the fourth highest number of stage 2 aircraft, and the city is saturated with noise. He suggested that the corridor be defined on the ground and that pilots be required to fly in the corridor. If this were to happen, people could make decisions on where they want to live. He Page No. 3035 June 18, 1991 stated that he was on a recent flight that took a dramatic turn to the left over Mendota Heights and then a big shift to the right, yet there were no other planes in the area. Mr. Gene Esche stated that during the last two months a corridor request was made by the City and was sent to the FAA. He stated that he called the airport hot line and was told they do not know anything about the matter. He asked how, where and when the corridor request will be put into effect. Mr. Finney responded that the issue goes back a number of years - an attempt to define the north /south boundary within which aircraft will operate. As a result of discussions, the committee working on the north /south boundary issue agreed to how operations should occur when both runways are needed for simultaneous take -off, and when there is only one departure. The MAC adopted the committee recommendation and referred it to the FAA for implementation. The local FAA tower manager found it acceptable and sent it to the Chicago regional office. He informed Council that he will be in Chicago next week and intends to find out the status of the proposal and when a decision and implementation of the corridor will occur. Mayor Mertensotto stated that the non -. simultaneous procedure, flying down the center of the corridor, should have been implemented long ago. Mr. Finney responded that the procedure could have been enacted the day after it was recommended and that he does not know why it has not been implemented. He further stated that the local tower chief is confident in the procedure and that it appears that the problem is with the regional office. Mayor Mertensotto pointed out that airport noise is a significant issue for the.City. The City does everything possible to get answers and implementation of changes, and he expressed frustration that the FAA is not cooperating. He felt that the failure to cooperate will work contrary to expansion of the airport. He pointed out that there is movement in Minneapolis for the relocation of the airport, and it seems that the FAA is Page No. 3036 June 18, 1991 doing all in its power to convince Mendota Heights to support that position. Councilmember Cummins asked which of the three proposed runway configurations would benefit the airport most in terms of operations. He stated that there is currently 15 degree separation on simultaneous operations and asked whether the additional runway separation would allow the two runways to operate simultaneously on instrument conditions. Mr. Finney responded that the north/south runway provides somewhat less delay than either of the parallel runways. He stated that there currently must be a 4300 foot separation on take-offs and the FAA is reducing that to 3,400 feet. Currently they are 3,300 feet apart - we anticipate in one to two years, that the existing runway configuration will be approved for simultaneous. Councilmember Cummins stated that a legislative decision on whether to expand MSP or build a new airport will not be made until 1996, and a new airport could not be built until 2010 or so. He stated that he has talked to MAC members who say it will be necessary to continue to improve and expand the current airport. He asked when MAC will make a decision on the three runway options and what opportunity the City will have in the decision making process. Mr. Finney responded that there will be no decision until after the legislature makes clear its intentions for the future: 1996 is the earliest that a decision will be made on any of the runway options. There would then be a very comprehensive environmental process, including public hearing, before deciding on a runway. Ms. Liz Petchell stated that planes do not use runway 11R even for non-simultaneous take- offs, and that pattern is consistent all week, including the weekend. She stated that residents are encouraged to call the MAC with noise complaints but that when she recently saw a 727 or DC 9 or 10 fly over her house and called, she was told that she was mistaken and that the plane was over Burnsville. When she called to complain about the pattern of Page No. 3037 June 18, 1991 flights over her neighborhood for an extended period of time and asked why planes were not using 11R or flying down the corridor centerline, she was told the planes were where they were supposed to be. She stated that she does not believe there is any credibility to what the MAC says and does not understand the increase in activity since she purchased her lot in 1987. She further stated that planes are routinely flying over T.H. 110 and take- offs have been extended from 10:00 P.M. to 11:00 P.M., all without benefit of an environmental impact study. Mr. Jim McGlauflin stated that he moved to Cullen Avenue from the Washington D.C. area a year ago. The D.C. airport was closed from 11 P.M. to 7 A.M. and there was a restriction on aircraft types. Mr. Finney responded that MAC is in the process of looking at a night-time restriction. A public hearing will be initiated for elimination of flights between 11 P.M. and 6 A.M., and the group working on the proposal will also be looking at a 10 P.M. to 7 A.M. restriction and action to adopt local regulations stricter than federal legislation on Stage 3 aircraft. Councilmember Cummins informed Mr. Finney of the Council's recent resolution urging that negotiations with Northwest on issuing bonds include a very strict timetable for Stage 3 aircraft. He strongly urged the MAC to take that into consideration in negotiations and pointed out that to the Mendota Heights residents this is not a peripheral issue - the City wants reduced operations using stage 2 aircraft. Mr. Finney responded that the MAC has adopted six negotiation positions, one of which was the condition that Northwest cooperate with noise abatement. Mr. Drew Drake, 580 Watersedge, stated that he bought his home two years ago and checked it out carefully before purchase. He did not hear much air noise at that time but recently it has gotten very bad. One of the problems is 11 P.M. departures, and another is throttle procedure. He asked what can be pursued to reduce the noise. Page No. 3038 June 18, 1991 Mr. Finney responded that any regulation would be an ordinance by MAC, enforced by MAC. The lo P.M. to 11 P.M. time period will be reviewed this summer by a group that is looking at stage 3 restrictions. Throttle reductions on departures is controlled closely by the airlines and the FAA. Mr. Craig Olson stated that it is proposed that either of the runways would predominantly a landing runway. He asked whether that means the majority of departures will be over Mendota Heights. He asked what will stop the MAC from building a north runway in the future if the north/south runway option is selected now. Mr. Finney stated that in terms of the operation of the north runways, when the airport is operating to the southeast, landings would occur on the north runway; when it is operating on the northwest, departures would be to the west. Mr. Ultan Duggan, 2331 Copperfield, stated that he thought he had made reasonable investigation before purchasing his lot. He saw little improvement in the current and projected future noise contours. He did not believe that the noise situation will improve and felt that Mendota Heights will continue to get half of the departures. Mr. Dennis Abrams, 627 Pondview Drive, stated that credibility is a problem and asked who people can contact in Chicago. He stated that the FAA has stated that it has policies with respect minimum separation and safety of the aircraft, yet he has seen the same trajectory for departures every 30 seconds many times. Mr. Finney responded to questions regarding MAC funding for the Part 150 program, installation of noise monitors and preparation of new contours when information from the monitors is available. Responding to a question from the audience, Councilmember stated that he expects that the Council in the near future will adopt a resolution supporting concept 5 or 6. Mr. Rockenstein stated that he understands the frustration expressed by the Council and audience. He lives on the other end of the Page No. 3039 June 18, 1991 runway, about 250 feet off of the centerline. He stated that being realistic, a decision on what to do will come down to sheer politics. No one has been able to prove air noise has a direct impact on health, and there are few people impacted by the noise compared to the many who benefit from the airport. Those who benefit want to have convenient air travel, those who get the noise will get the "short end of the stick," because they do not have the same level of power as those who benefit from the noise. RECESS Mayor Mertensotto called a recess at 9:45. The meeting was reconvened at 9:55 P.M. HEARING: LEXINGTON Mayor Mertensotto opened the meeting for the AVENUE STREET VACATION purpose of a public hearing on the proposed vacation of a portion of unneeded Lexington Avenue right -of -way adjacent to the Associated General Contractors property. Public Works Director Danielson informed Council that the County has negotiated with the property owners to trade a portion of the right -of -way for new right -of -way. He recommended approval subject to City retention of a utility and drainage 1 easement over the vacation area. 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: 4 Nays: 0 Councilmember Smith moved adoption of Resolution No. 91 -33, "RESOLUTION APPROVING VACATION OF A STREET RIGHT -OF- WAY," with the condition that the drainage and utility easement be reserved by the City. Councilmember Cummins seconded the motion. Ayes: 4 Nays: 0 SYLVANDALE STORM Council acknowledged and briefly discussed WATER PROJECT a memo from the Public Works Director recommending approval of Mn /DOT plans and specifications for the Sylvandale storm water project. Responding to a question from Mayor Mertensotto, Mr. Danielson stated that the City has agreed to pay for the line from the east half of T.H. 13 to its connection into Ayes: 4 Nays: 0 MULVIHILL PROPERTY PURCHASE Ayes: 4 Nays: 0 Page No. 3040 June 18, 1991 the existing storm sewer line in Ivy Hills Park, at an approximate City cost of $25,000. Councilmember Cummins moved adoption of Resolution No. 91-34, "RESOLUTION APPROVING MN/DOT PLANS AND SPECIFICATIONS FOR BROMPTON/SYLVANDALE STORM WATER PROJECT," in accordance with the previously approved funding agreement between the City and Mn/DOT. Councilmember Koch seconded the motion. Council acknowledged and discussed a memo from Treasurer Shaughnessy regarding the tax increment district acquisition of the Art Mulvihill property on T.H. 55. Responding to a question from Councilmember Cummins regarding the purchase of the Mulvihill family property, Mr. Shaughnessy stated that there are several family members to deal with on that parcel. He indicated that three of the family members have indicated they would be willing to sell and Art Mulvihill strongly supports the sale and hopes to convince the remainder of the family members. Treasurer Shaughnesssy informed Council that this is a voluntary sale and would not involve relocation benefits. He further stated that the renter currently occupying the structure has indicated that he intends to move by October 1st, and preparation of agreements, etc., will take at least until that time. Councilmember Cummins asked whether there would be an advantage in delaying the purchase until a package for purchase of the total Mulvihill properties can be developed. Mr. Shaughnessy responded that he feels the City would be better off purchasing the parcel at this time. He also explained why the properties are included in the TIF District. Councilmember Cummins moved to accept the offer of Art Mulvihill for the sale of his property on T.H. 55 for the purchase price of $25,500, including appraisal and abstract costs, with the condition that the property be vacant at the time of closing and that closing will not occur before October 1, 1991. Councilmember Koch seconded the motion. Page No. 3041 June 18, 1991 COUNCIL COMMENTS Mayor Mertensotto asked about a lot on Westview Court where considerable filling and compacting appears to have occurred. Public Works Director Danielson stated that where filling and compacting occurs, property owners are required to submit a certified statement as to foundation capacity from a soils engineer and that the City is protected from any liability. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned to closed session for discussion of Centex litigation matters. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 10:10 o'clock P.M. A Ka(thleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor