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1990-04-17 Council minutesPage No. 2778 April 17, 1990 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 17, 1990 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 Anderson, Blesener, and Hartmann. Councilmember Cummins had notified the Council that he would be late. AGENDA ADOPTION Councilmember Blesener moved adoption of the revised agenda for the meeting, as amended to remove items e., housemover escrow refunds, and f., well abandonment payment, from the consent calendar. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of the April 3rd regular meeting. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Anderson 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 March 27th Planning Commission meeting. b. Acknowledgment of the Treasurer's monthly report for March. c. Acknowledgment of the Fire Department monthly report for March. d. Approval of the list of claims dated April 17, 1990 and totalling $189,193.57. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Page No. 2784 April 17, 1990 CONTINUED HEARING - Mayor Mertensotto opened the meeting for the CASE NO. 90-05, FOTO purpose of a continued hearing on an applica- MARK tion from Foto Mark, Inc., for a conditional use permit to remove approximately 10,000 cubic yards of excess fill from its property. Council acknowledged a report and recommendation from the Public Works Director. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mr. Mike Meagher, Foto Mark plant manager, informed Council that his firm agrees to the conditions imposed by the City, including the condition that the City streets will be kept clean of dirt resultant from the grading and hauling operations. He also stated that excess black dirt from the site will be made available to the City. Councilmember Blesener felt that a time limit should be placed on the permit. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Hartmann moved that the hearing be closed. Councilmember Anderson seconded the motion. Councilmember Blesener moved adoption of Resolution No. 90-23 "RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A MINING OPERATION," as amended to add a sixth condition stipulating that the conditional use permit will terminate on June 1, 1991. Councilmember Anderson seconded the motion. Councilmember Cummins arrived at 8:50 P.M. BRIDGEVIEW SHORES Council acknowledged the feasibility study for IMPROVEMENTS proposed improvements to serve the Bridgeview Shores 2nd Addition. Councilmember Hartmann moved adoption of Resolution No. 90-24 "RESOLUTION ACCEPTING ENGINEER'S REPORT AND ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SANITARY SEWERS, WATER, STORM SEWERS, AND STREET CONSTRUCTION TO SERVE BRIDGEVIEW SHORES Page No. 2785 April 17, 1990 SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO 90, PROJECT NO. 1)." Councilmember Cummins seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK SITE Council acknowledged and discussed a memo COMFORT STATION from Public Works Director Danielson recommending that Kodet Architects be appointed as the architects for design of the park shelter to be constructed at the Sibley Park site. Mayor Mertensotto expressed concern over the liability provisions in Section 12.2 of the proposed architectural service agreement. City Attorney Hart responded that the proposed language is frequently requested but not frequently granted. He felt that it is not unfair to ask the architects to be responsible for their work and agreed that the language should be changed. Mayor Mertensotto also felt that there should be strong language in the agreement so that the architect understands that they agree to designing a building in the $50,000 range for a minimum fee of $5,000. He was concerned that the way the agreement is written, if the design resulted a cost exceeding a $50,000 building cost, the City would have to pick up added architectural costs for any changes needed to reduce the building cost. Councilmember Anderson suggested that the agreement should stipulate a building cost no greater than $50,000 After discussion, Councilmember Blesener moved to authorize Mayor Mertensotto to execute an agreement with Kodet Architects for design of the Sibley Park comfort station, as amended to delete the proposed Section 12.2 and to add a new Section 12.2 to obligate the architectural firm to design a building within the $50,000 budget. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 SIBLEY PARK PLANS Council acknowledged and discussed preliminary plans and preliminary cost estimates, prepared by Barton - Aschman Associates, for the Parks Commission's preferred alternative (F) sketch Page No. 2779 April 17, 1990 HOUSE MOVER ESCROWS Council acknowledged and discussed a memo from Engineer Eckles recommending the refund of escrows for the removal of three houses from City owned property. Council was informed that all work has been completed at 2141 Highway 55 ( Otting Movers), and at 2143 Highway 55 (John Winzig), and that 95% of the work at 1805 Delaware (Mark Goldberg) has been completed, but the house can't be wheeled off the storage site until road restrictions are lifted. Councilmember Anderson moved to authorize the refund of escrows submitted by Otting Movers and John Winzig and to authorize staff to refund the escrow submitted by Mark Goldberg be refunded after the house has been removed from the City limits. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 WELL ABANDONMENT Council acknowledged and discussed a memo from Engineer Eckles informing Council that the Associated Well Drillers bid for abandonment of six wells on City property was $10,290, but that the contractor has submitted a final payment request for $16,650. Public Works Director Danielson informed Council that the County added some strict requirements, which complicated the abandonment process, after the contract was awarded. He explained that the County has sent the City a letter asking that the contractor be given a compensation increase because of the new requirements and that staff has carefully reviewed the itemized costs and recommends that a fair compensation would be $12,708.74. Mayor Mertensotto stated that if Council approves the recommended increased payment, the contractor must accept the payment of $12,708.74 as full settlement of the claim. If the payment is not acceptable to the contractor, he must make written request to Council as to why the payment should be increased over his original bid. Councilmember Hartmann moved to authorize reimbursement to Associated Well Drillers, Inc. in the amount of $12,708.74 as payment in full for all well abandonment procedures Page No. 2780 April 17, 1990 performed to date, and to commend staff for their invoice review. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 PROCLAMATION Council acknowledged a memo from Administrative Assistant Batchelder informing Council of an offer from the Mendota Heights Garden Club to donate a tree for the Civic Center site. Assistant Batchelder informed Council that the Club would like to donate a Red Splendor Crab Apple tree to be planted along Victoria Curve, between the curb and the parking lot. A dedication ceremony is planned for 9:00 A.M. on Arbor Day, April 27th. Mayor Mertensotto read a proposed proclamation commending the Club. Councilmember Blesener moved adoption of a "Proclamation Acknowledging a Tree Donation by the Mendota Heights Garden Club." Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Council acknowledged a memo from the Public Works Director regarding complaints received on the proposed construction of the trail along Victoria Road and blacktopping of the trail in Valley Park. Council also acknowledged a copy of a letter from Mn/DOT to Virgil McQuay with respect to relocating the Victoria trail. Mr. Virgil McQuay, 976 Kay Avenue, was present to object to the proposed location of the Victoria Road trail. He felt that the trail should be along the south side of Victoria from Lexington to Marie rather than the north side as proposed. He felt that a trail along the south side would be safer and less costly to construct. Mr. McQuay informed Council that he met with a Mn/DOT representative who informed him that if the City submits a proposal for the location he proposes, Mn/DOT will review it to see if it is feasible. He asked the Council to direct City engineering staff to meet with him and his neighbors and prepare new plans to submit to Mn/DOT. Councilmember Blesener suggested that construction of the subject trail link could Page No. 2781 April 17, 1990 be delayed until a response is received from Mn/DOT but stated that there is a considerable difference of opinion over safety. She pointed out that locating the trail on the other side takes the trail away from the link to the school property and would present a safety hazard for children crossing at an uncontrolled intersection. She stated that there were public discussions on the trail in March, and at that time it did not seem appropriate to change the location. She further pointed out that the Park Commission did not agree with Mr. McQuay's suggested change at their public hearing. Mayor Mertensotto informed Mr. McQuay that he may contact the engineering staff to get whatever information he needs to determine whether the current design is faulty. He stated that he would like to give Mr. McQuay every opportunity, but does not agree with a request to direct staff to prepare another set of plans and specifications contrary to what has been approved. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that to accommodate Mr. McQuay's request for preparation of plans to submit to Mn/DOT, would require at least two days of staff time for surveying and preparing drawings. Mayor Mertensotto stated that Council has an adopted procedure and Mr. McQuay is asking the City to spend two days of engineering time for redesign. He stated that he does not want to set such a precedent. He informed Mr. McQuay that Council will not direct the engineering staff to redesign an alternate. After considerable discussion, Mayor Mertensotto stated that Council will direct the engineering department to be as cooperative as possible in providing information to Mr. McQuay, but will not direct additional surveying. Mayor Mertensotto informed Council that he has received a call from Bernard Friel objecting to the paving of the Valley Park Trail. Councilmember Blesener stated that during the Citizen's Park Committee discussions on the Page No. 2782 April 17, 1990 matter, Mr. Friel wanted the trail to remain a dirt trail, but that he was in the minority. She stated that at that time ' the majority of the committee supported blacktopping the trail, and this position was recently reaffirmed by the Park Commission. She pointed out that the referendum information informed voters that the trail would be bituminous. HEARING, CASE NO. Mayor Mertensotto opened the meeting for the 89-34, M.I.S.T. purpose of a public hearing on an application from Minnesota Indoor Soccer and Training, Inc., for an amendment to the Zoning Ordinance to allow participatory athletics as a conditional use in the industrial districts and an application for conditional use permit for an indoor soccer arena proposed to be constructed at the southeast corner of Mendota Heights Road and Northland Drive. Council acknowledged reports from Public Works Director Danielson, Administrative Assistant Batchelder and City Planner Howard Dahlgren along with letters of support from St. Thomas Academy, Mend-Eagan Athletic Association and the Minnesota Youth Soccer Association. Council also acknowledged a "Project Narrative" submitted by MIST. Mr. Jerry Haarman, representing MIST, and the architect and contractor for the project were present. Mr. Haarman reviewed the site plan and architect's renditions of the proposed facility, to be located at Mendota Heights Road and Highway 55. He informed council that the proposed 55,000 square foot industrial building will consist of two wings containing playing surfaces, and will be joined by a central glass block entrance core. Access will be from Northland Drive. The building will be finished on all sides with decorative grey block with a forest green border on the top. The intent for the facility is , participative sports, not spectator sport. Mr. Haarman stated that he feels this will be the premium soccer facility in the United States. Council was informed that MIST currently has a very successful facility in Maplewood. Mayor Mertensotto asked whether part of the overall design is to have a retail activity on the site. He informed the applicants that he would have no objection to sales as long as it Page No. 2783 April 17, 1990 is strictly supportive of the activity in the building, an activity similar to a pro shop at a golf club facility. Mr. Haarman responded that the structure is really an industrial building and not retail space, and that the only sales would be related to the athletics being conducted in the facility. Councilmember Blesener felt that there should be outlet drives at the remote ends of the parking lot and that perhaps some of the parking stalls could be eliminated so that the sidewalk could be extended for better pedestrian access. 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 Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Blesener moved adoption of Ordinance No. 269, "AN ORDINANCE AMENDING ORDINANCE NO. 401,11 to allow participative athletics as a conditional use in an industrial district. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Councilmember Hartmann moved adoption of Resolution No. 90-22, "RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW MINNESOTA INDOOR SOCCER AND TRAINING (MIST) TO CONSTRUCT AND OPERATE AN INDOOR SOCCER FACILITY," as amended to add a tenth condition to stipulate that any retail sales are restricted to providing support service for the participative athletics conducted in the facilities. Councilmember Anderson seconded the motion. Ayes: 4 Nays: 0 Councilmember Anderson moved approval of a building permit for the Indoor Soccer Facility, subject to review and approval of the plans by City staff. Councilmember Blesener seconded the motion. Ayes: 4 Nays: 0 Page No. 2786 April 17, 1990 plan for the Sibley Park, along with staff memos and a project timeline. Councilmember Blesener moved to authorize Barton-Aschman to prepare formal plans and specifications for Sibley Park based on the preferred sketch plan alternative F. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 VICTORIA TOWNHOMES Council acknowledged a memo from Administrative Assistant Batchelder regarding a request from J.A. Development for a proposed change in the Declaration of Covenants, Conditions and Restrictions for the Victoria Townhomes P.U.D. to allow four season porch additions to the townhomes. Council also acknowledged a letter of intent from the developer and a consent letter signed by the members of the homeowners association. Responding to a question from Mayor Mertensotto, a representative of J.A. Development stated that the homeowners association is responsible for maintenance of the structures. Councilmember Blesener moved approval of the requested amendment to the Victoria Townhomes final PUD plan, Acknowledging Amendment to the Declaration of Covenants, Conditions and Restrictions. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 FURLONG UPDATE Council acknowledged a report from Administrator Lawell regarding staff's investigation into issues raised at the last Council discussion on the Furlong neighborhood. Mayor Mertensotto introduced Mark Ryan, MAC Airport Planner, and asked that Mr. Ryan review overall MAC planning with regard to sound abatement and buyout funding availability. Mr. Ryan responded that there have been several recent newspaper articles regarding Part 150. He stated that MAC has been trying to address the issue of air noise since 1984 and has conducted a Part 150 study through the Page No. 2787 April 17, 1990 MASAC. He informed the Council and audience that yesterday the MAC received a letter from the FAA which spells out several of the programs available under Part 150, basically responding to 23 points included in the MAC noise compatibility program. Included in the program were items related to specific operating procedures to reduce noise, and nine land use measures (including noise insulation). of the land use elements of the Part 150 program, four items dealt with specific land use issues, including buyout, as a last resort. The program also sets guidelines for federal participation in sound attenuation and a purchase assurance program. He stated that MAC hopes to implement the Part 150 program over the next couple of months. The plan included $60 to $70 million of work that could be accomplished over the next 15 to 20 years. Certain areas around the airport will be eligible for participation in federal projects - this is not a blanket approval, but certain areas will be eligible to apply for funding assistance. The MAC will be working for the next several months to specifically design a program for implementation and decide on priorities. During the process, MAC will be working with all communities which surround the airport and will involve the City staff in the process. He informed Council that the FAA very specifically disapproved any measures which put a constraint on operations. Councilmember Anderson a recent program which assurance, and that wh; time is that where air money would be used to insulate the structure stated that he had seen elaborated on purchase at is envisioned at this noise is detrimental, purchase a property, and re-sell it. Mr. Ryan responded that his understanding is that homes would be acquired, retrofitted, and returned to the market and that purchase assurance is strictly related to aircraft noise. He further stated that MAC is very concerned about the Furlong Addition and will work closely with City staff. Mayor Mertensotto asked what can be foreseen in terms of availability of federal money for buyouts or insulation for the Furlong area. He also asked what the priority of the Furlong area is in respect to the 23 points and where Mendota Heights stands in terms of priority. Page No. 2788 April 17, 1990 Mr. Ryan responded that the earliest any funding would be available for anything is a year from now. Mayor Mertensotto asked whether there is anything the Council should be doing so that when funds become available, Mendota Heights will have equal status with other cities. Mr. Ryan responded that MAC has been working with the City staff in developing the Part 150 study and will continue to do so. Councilmember Blesener asked what it would take for the Furlong area to be moved to the top of the priority list. Mr. Ryan responded that Mendota Heights is a major arrival and departure corridor, and a high priority area. At the same time, the Part 150 lays out noise contours, which will establish the maximum extent of any federal participation. The Furlong area is right on the edge of the contour, and is included within the eligible area. The federal program deals with two contours, LDN 75 and 65, and that the program is focusing on corrective measures within LDN 75. At the same time, MAC recognizes the need to protect the 29L and 29R corridor. Responding to a question from Councilmember Blesener, Mr. Ryan stated that a commitment on how funding will be applied will be made by the end of this year, but that there is no guarantee that the funding will be made available, since the FAA has control. Councilmember Anderson stated that he understands that what was submitted to MAC was a 23 point noise reduction program. He asked whether there is any buyout program and whether Council can anticipate buyout or whether it should expect purchase assurance and insulation. Mr. Ryan stated that some type of a buyout arrangement is what MAC Executive Director Hamiel anticipates, but he further stated that it is his understanding that there are other Furlong area problems other than air noise. Councilmember Cummins asked whether it is fair to assume that the highest priority will be given to those homes within LDN 75. Mr. Ryan responded that the assumption is correct right now on a major scale, but a Page No. 2789 April 17, 1990 great deal will depend on the implementation MAC will be working on. Councilmember Cummins also asked what is reasonable to expect - it seems logical to assume that the priority will be given to those homes closest to the airport and the Furlong Addition will not be first on the list and more likely it would be 3 or 4 years before money is available. Mr. Ryan responded that past history would support this conclusion. Councilmember Blesener asked whether any other communities have specifically requested money for a buyout. Mr. Ryan stated that several have, but have been told there is no list and no application form. Mr. Thomas Swenson, 1294 Kendon Lane, asked whether MAC and the City can work together (Part 150 funding and TIF funding) to make buying out the neighborhood a reality. Mayor Mertensotto responded that from what Mr. Ryan has stated, there may be funding available in 1991 to implement a buyout program. Mr. David Hiner, 1312 Furlong, stated that there was a neighborhood petition to MAC in 1972 for a buyout. He stated that since MAC bought out 55 homes in the Acacia area it has made it very costly to bring utilities into the Furlong area. In response to a question from Treasurer Shaughnessy, Mr. Ryan stated that about $3.8 million would be available per year to fund all of the Part 150 activities. With respect to neighborhood buyout, Councilmember Anderson pointed out that the properties have problems other than air noise, and he did not feel Council should create an expectation that MAC will buy properties if they are unsaleable for other reasons. Council discussed the five issues addressed in Administrator Lawell's report: status of TIF funds; an analysis of benefit, prepared by Davis & Lagerman, Inc., with respect to utility and road improvements; "common" on- site utility systems; limited well testing Page No. 2790 April 17, 1990 options; and a review of uniform rate septic system pumping information. With respect to tax increment financing, Administrator Lawell stated that a lump sum buyout of the neighborhood by the City would not be legal. Councilmember Anderson informed the audience that after reviewing the appraisal information, he felt that Council should direct staff not to spend further time on the extension of public utilities to the area or on the common utility system. Mr. Jim Schwartz, 1286 Kendon Lane, stated that he has paid a water availability charge and asked whether it would be refunded. Mr. Robert Tousignant asked what the City's plans are for the two properties it has purchased in the neighborhood, and how the properties will be maintained. Mayor Mertensotto stated that the matter will be discussed in a workshop. Responding to a member of the audience asking for the status of the Mendota Heights Motel pumping issue, Administrator Lawell stated that the owner has been ordered by the State to make corrections to his system, but had received a continuance to this evening so that he could hear the discussions. He stated that the owner is not present and that staff will contact the Health Department to advise them that the owner was not present and that there is no reason not to continue the repair order. Mayor Mertensotto asked the City Attorney what the City's responsibility is with respect to the sewer and water problems in the neighborhood. Attorney Hart responded that to the extent that the City is aware of a health safety hazard, the City is not required to abate the problem at City cost, but is required to have whoever caused the problem abate it. Mrs. Swenson asked why the neighborhood is not getting sewer and water, and why Council can't make a decision to install public utilities. Page No. 2791 April 17, 1990 Mayor Mertensotto responded that no one on Council feels that $25,000 would be an economic expenditure to the homeowners, and pointed out that most of the neighborhood have said they want no part of utilities. Councilmember Anderson stated that there is tremendous neighborhood opposition to public utilities, and the project could be subject to many challenges. Mayor Mertensotto informed the audience that if 35% of the affected property owners petitioned for improvements it would take a 2/3 vote of the Council to order the project. Without a petition, a 4/5 vote would be required. He also felt that given all of the publicity on the sewer and water problems in the area on television and in the newspapers, the homes are probably unmarketable now. He felt that the extension of public sewer and water is the only way to make the properties marketable. Councilmember Anderson stated that he does not feel the City should pursue public utility extension any longer because of the potential court challenges and value challenges. He pointed out that many of the residents have said they don't want utilities, and Council has tried everything imaginable to come up with a solution without success. Mr. Guyer suggested that the City purchased two homes and there are three that are currently in worse condition than those. He asked why the Council doesn't start a buyout program. Mr. Tousignant asked for a proposal from City staff so that the residents would actually know what sewer and water would cost for each resident. Perhaps the utilities would be palatable to the residents if all costs were known. Councilmember Blesener responded that the cost would be $20,000 to $25,000 per home and would only go down if the City contributes TIF money. Councilmember Anderson stated that the question is the degree of unanimity, that there are some properties which will not Page No. 2792 April 17, 1990 benefit, and there are extraordinarily variable figures. Councilmember Blesener felt that the only solution to the problems is for the City to find a legal way to institute a buyout program. Mayor Mertensotto suggested that perhaps Council can pursue special legislation to allow condemnation. He stated that all other avenues for resolving the problems have been explored and there is nothing more that Council can do at this time. RECESS Mayor Mertensotto called a recess at 10:53 P.M. The meeting was reconvened at 11:10 P.M. COUNCIL COMMENTS Councilmember Cummins stated that he opposes blacktopping of the Valley Park Trail as opposed to using gravel. He felt that gravel is more appropriate for the rustic nature of the park and that blacktop would encourage roller blading, skateboarding and biking, which could present safety hazards for walkers. Administrative Assistant Batchelder gave a brief summary of Park and Recreation Commission and Citizen Park Committee discussions on the matter. He informed Council that at the final citizens committee discussion, it was the consensus that since the Valley Park trail section is the spine of the trail system, it should be paved. The Park Commission, at its last meeting, recommended bituminous surfacing on a five to two vote. Public Works Director Danielson stated that the trail is not just part of the City system, but part of the County system as well. He further stated that he has received a call from a Crown Point resident indicating that the neighborhood would like a way to walk and take strollers from their neighborhood to the park and shopping areas: because of the slopes, bituminous is more desirable. He also stated that bituminous is easily maintained, but that gravel is subject to washouts, etc., and requires much more maintenance. Page No. 2793 April 17, 1990 Council briefly discussed increased property taxes and the increase in the School District portion of the property tax. Councilmember Blesener asked that staff look into getting blinds for the conference room windows. ADJOURN There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Anderson seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:25 o'clock P.M. Kdthleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor