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1989-09-19 Council minutesPage No. 2680 September 19, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 19, 1989 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 Hartmann. INTRODUCTIONS AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Mertensotto introduced Kevin Dolan, a student at Cretin High School, who had been invited to be seated with Council as a student observer. Councilmember Hartmann moved adoption of the agenda for the meeting. Councilmember Cummins seconded the motion. Councilmember Cummins moved approval of the minutes of the September 5th regular meeting with corrections and the minutes of the September 5th pre- Council meeting. Councilmember Blesener seconded the motion. Councilmember Blesener moved approval of the minutes of the September 12th Budget Workshop. Councilmember Hartmann seconded the motion. Councilmember Hartmann 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 report for August. b. Adoption of Resolution No. 89 -109, "RESOLUTION AMENDING TENTATIVE 1989 LEVY COLLECTIBLE IN 1990," along with approval to advertise the budget hearing for October 17th. Ayes: 4 Nays: 0 SNOW PLOWS Ayes: 4 Nays: 0 HEARING - DODGE NATURE CENTER Page No. 2681 September 19, 1989 c. Proclamation of October 15 through 23rd as National Business Women's Week. d. Acknowledgment of a letter from the Dakota County Highway Engineer denying the City's request for 4-way stop signs at Victoria and Marie. e. Approval of a change order to the contract for North Ivy Hills 2nd Addition improvements (Improvement 88- 6) for additional grading at a cost of $2,111.00. f. Approval of a change order for Improvement No. 88, Project No. 3 (Big Wheel Auto Site - MAC) for heavier casing pipe at a cost of $1,530. g. Acknowledgment of a memo regarding the proposed street rehabilitation policy. h. Approval of the list of contractor licenses dated September 19, 1989 and attached hereto. h. Approval of the list of claims dated September 19, 1989 and totalling $199,337.47. Councilmember Cummins seconded the motion. Councilmember Cummins moved to award the contract for purchase of two snow plow wings to Boyum Equipment, Inc., for their low bid of $25,000 after trade-in credit of $918. Councilmember Hartmann seconded the motion. Acting Administrator Danielson informed Council that the Dodge Nature Center has not yet been able to meet with Mn/DOT regarding site access and has requested that the hearing scheduled for this evening be postponed. Councilmember Blesener moved that the hearing on Dodge Nature Center's application for Conditional Use Permit for Ayes: 4 Nays: 0 BRASLAU AIR NOISE STUDY Page No. 2682 September 19, 1989 an interpretive nature center be continued to October 17th at 8:00 P.M. Councilmember Hartmann seconded the motion. Mayor Mertensotto informed the audience that many aircraft fly north of the flight corridor and to a certain extent Council is helpless in the situation. Council has tried a number of approaches to the situation, including meeting with the Metropolitan Aircraft Sound Abatement Council and shuttle diplomacy as had been recommended by MASAC Chair Walter Rockenstein. He stated that Council has requested information, under the Freedom of Information Act, from the FAA and Metropolitan Airports Commission with respect to changes in operating procedures for the flight patterns in the Eagan/Mendota Heights corridor. He informed the audience that most of the stack of documents received from those agencies is technical data, and that Council retained David Braslau and Associates to analyze the information. He introduced Mr. Braslau and his associate, Robert Collette, who were present to review the information on past history of the corridor and how it has changed, what factors caused the change, and what the City can do about the flight patterns. Mr. Braslau and Mr. Collette reviewed their study and answered numerous questions from the Council and audience. They pointed out that almost without exception the ten critical issues addressed in the report have mitigated against Mendota Heights and Eagan has enjoyed the corridor. It was proposed by the two consultants that breaking the log jam of air traffic must be a compromise and that Council must recognize that Eagan, the FAA, the MAC and MASAC all have a voice in the corridor matter. Council must propose something that it cooperatively "do-able" and politically marketable. Mr. Collette recommended that Council request that during the hub (peak) departure pushes, (which occur currently about five and one half hours a day), that Page No. 2683 September 19, 1989 departures be fanned over a 90 to 150 degree corridor not to exceed eight hours per day. He felt that the corridor had been studied to death and recommended that the City concede that during the non-hub departure periods, the corridor exist status quo. He proposed that Council ask for a 180 day test of the proposed fanning: no change in non-peak departures but fanning during peak traffic. He stated that the target of this proposal would be to get the corridor modified to achieve a balance of peak air traffic between the communities. Councilmember Cummins responded that Mr. Collette's suggestion is to focus on the corridor, but that does not preclude the Council from pursuing all fronts. He stated that he is hopeful the City can get more information from MAC, etc, to improve the twenty points in the MASAC noise guidelines, including imposing fees for noise on the airlines as proposed by Chair Rockenstein. He also stated that he believes that the corridor was intended to follow industrial commercial zoning along 1-494 and was not intended to go as far north as Highway 110. There was discussion over the fifteen degree separation requirement and fifteen degree turns being made before runway end. Mr. Collette stated that the FAA requires pilots to reach 500 feet before starting to turn and the idea of coming off the ground and starting to rotate in the turn does happen occasionally with the small air craft. It is not legal, however, for jets, and Northwest requires pilots to reach 1,000 feet before starting to turn. He informed Council and the audience that installation of a microwave landing system and quieter jets, while still about ten years off, should make a marked difference in air noise when realized. Mayor Mertensotto stated that he feels the preferential runway system is an archaic approach and estimated that 50% more take- offs are coming over Mendota Heights because more are going east. He suggested that the preferential runway system should perhaps be reconsidered. Page No. 2684 September 19, 1989 Councilmember Cummins stated that he served for one and one-half years on a Metropolitan Council task force that studied the future of the airport and that one of the conclusions the group reached was that there is no getting way from the preferential runway system. He stated that Council could change history it would, but there is no way to do so, and that what the two experts are recommending is feasible and reasonable. Mr. Braslau reviewed the processes, contained in the study, needed to implement the changes. Mr. Collette stated that the goal is not to try to accomplish the recommendations all at once but rather to ask for a text. Mr. Bernard Friel, the City's MASAC representative, concurred in the recommendations made in the Braslau study. He felt that the fanning recommendation is a good and reasonable approach and one that has a chance of some success with MASAC and the MAC, although there could be considerable opposition from other communities. He also felt that it is very important for the residents to continue making calls to MAC about noise. Mayor Mertensotto noted that a resident had suggested that a citizens group be formed, and a number of the audience members indicating that they would be interested in forming a citizens group were asked to leave their names with City staff. Councilmember Cummins suggested that Council would like to consider a twelve month test as opposed to a six month test. Councilmember Blesener asked that if the City is successful in getting the test, is it in fact furthering the goal of the airport in enlargement of air space. Mr. Collete responded that the growth is projected at 2.5% per year whether there is a corridor or not and that if there is not a modified corridor recommended one will be put in place and the City will have no voice in the matter. Page No. 2685 September 19, 1989 Mayor Mertensotto felt that planes should stay in the fifteen degree corridor area during non peak times and that the preferential runway system should not be used off-peak. Mr. Collete responded that the suggestion makes sense - the tower will be the ultimate arbitrator. He stated that he would have no problem pursuing the suggestion with the FAA and then going on with the report recommendation based on the FAA's response, but he observed that the prospect of a 15 degree corridor is much less reasonable than what the report recommends. Councilmember Cummins stated that he would like to see the City's resolution and the consultants' recommendation modified to state that runway 11R is to be the preferred (exclusive) runway during single take-off situations. Mr. Collette responded that he would explore the suggestion. Councilmember Blesener felt that Council should not be seeking the politically expedient solution - that the City would give up any possibilities for the future. Mr. Collete responded that the noise impact on the City would be enormously reduced if the recommendation is accepted. Mayor Mertensotto directed Mr. Collette and Mr. Braslau to draft a resolution for Council consideration which incorporates the recommendations and Council's concerns expressed this evening. Councilmember Cummins felt that the MAC is losing an opportunity to exercise economic control over Northwest and other carriers unless it pursues Walter Rockenstein's approach to fees for noise in its lease negotiations. It was his position that far more can be done in the airport leases than simply minor increases in landing fees based on noise. Councilmember Cummins moved that the Mayor be authorized to send a letter to the MAC and Walter Rockenstein supporting Mr. Ayes: 4 Nays: 0 Page No. 2686 September 19, 1989 Rockenstein's position and asking the MAC to take efforts to incorporate more of the 20 other standards addressed by MASAC in the air carrier lease negotiations. Councilmember Hartmann seconded the motion. Mr. Collette and Mr. Braslau were directed to submit a follow-up report and proposed resolution for consideration at the October 5th meeting. RECESS Mayor Mertensotto called a recess at 10:10 P.M. CASE NO. 89-28, DAKOTA COUNTY STATE BANK SIGN Ayes: 4 Nays: 0 PERRON SUBDIVISION The meeting was reconvened at 10:20 P.M. Mr. Wayne Erdman was present representing the Dakota County State Bank regarding its application for a variance from the front yard setback to allow installation of a sign at 750 South Plaza Drive. Councilmember Hartmann moved approval of a front yard setback variance to allow installation of a sign, in accordance with the plan submitted, 10 feet from South Plaza Drive and 30 feet west of the parking lot entrance. Councilmember Blesener seconded the motion. Mr. and Mrs. John Perron, 1940 South Lane, were present to appeal the requirement for fees, procedures and requirements relative to their proposed subdivision and variance (Case No. 88-15), which had been denied in August of 1989. Council acknowledged an associated report from the Administrative Assistant. Mayor Mertensotto explained the planning process and the City costs involved in publications, etc.. Mr. Perron requested that the fee for subdivision be waived. Councilmember Blesener felt that the Perrons should have a re-hearing before the Planning Commission. Councilmember Cummins stated that three public hearings had been held at the Council level and the lot frontage variance was denied. He asked what is different WATER SYSTEM REPAIR Page No. 2687 September 19, 1989 from the last plan, and pointed out that Council's legal basis is the same now as in August if circumstances have not changed. Mrs. Perron stated that last year she and her husband planned to sell the proposed new lot and that this year they propose to sell their house and build on the new lot. Councilmember Blesener moved to waive the subdivision application fee except for publication and abstractor certificate costs. Motion died for lack of a second. Council acknowledged a letter from Mr. and Mrs. Dan Johnson, 8 Dorset Road, requesting assistance from the City in his complaint on St. Paul Water Utility repair costs. Council also acknowledged a report from Acting Administrator Danielson. Mrs. Johnson explained the circumstances and costs involved in repairs to the water service at their home. She informed Council that it would cost $800 to install a guaranteed service for a new home, and yet the cost from St. Paul Water for repairs to their service was $834. Acting Administrator Danielson responded that the City's contract with St. Paul stipulates that in all cases St. Paul Water does all repair work. Councilmember Hartmann asked that if repairs cost more than a guaranteed new service, is there nothing that can insure the Johnsons against such costs. Councilmember Blesener felt that it should be a matter of policy to replace private services with guaranteed services instead of charging exorbitant repairs. Council directed Mr. Danielson to direct a letter to St. Paul Water to try to get the costs mitigated and to negotiate a policy whereby private unguaranteed systems would be replaced with new, guaranteed services where repair costs are excessive. CASE NO. 88 -27, PATRICK SUBDIVISION Ayes: 3 Nays: 1 Blesener FURLONG STREET RECONSTRUCTION Ayes: 4 Nays: 0 WAGON WHEEL TRAIL Ayes: 4 Nays: 0 Page No. 2688 September 19, 1989 Mr. Steve Patrick presented a revised preliminary plat for the proposed Mendota Woods subdivision and explained the changes which had been made since the last Council discussion on the plat. Staff was directed to contact Oak Wilt Specialist Mike Scharrer and direct him to view the site and recommend steps to minimize the potential impact of the proposed development on existing trees. Councilmember Cummins moved approval of the preliminary plat for Mendota Woods subject to every effort being taken to preserve existing trees and conditioned upon the filing of noise attenuation covenants with the final plat. Councilmember Hartmann seconded the motion. Council acknowledged a feasibility report on proposed Furlong area street reconstruction. Councilmember Cummins moved adoption of Resolution No. 89 -110, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STREET REHABILITATION TO SERVE VICTORY ROAD, KENDON AVENUE, FURLONG AVENUE AND LAKEVIEW AVENUE (IMPROVEMENT NO. 89, PROJECT NO. 4)," the hearing to be held on October 17th. Councilmember Hartmann seconded the motion. Council acknowledged and briefly discussed the feasibility report for the proposed upgrading of Wagon Wheel Trail to MSA requirements. Councilmember Blesener moved adoption of Resolution No. 89 -111, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED STORM SEWER, STREET AND BITUMINOUS TRAIL CONSTRUCTION FOR WAGON WHEEL TRAIL (IMPROVEMENT NO. 88, PROJECT NO. 7)," the hearing to be conducted on October 17th. Councilmember Cummins seconded the motion. RECYCLING FUNDING Ayes: 4 Nays: 0 COMMUNITY EDUCATION COUNCIL Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page No. 2689 September 19, 1989 Council acknowledged a report from the Administrative Assistant regarding 1990 funding for the community landfill abatement program (recycling). Councilmember Cummins moved adoption of Resolution No. 89-112, "RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF COMMUNITY LANDFILL ABATEMENT PROGRAM." Councilmember Hartmann seconded the motion. Councilmember Cummins moved to appoint Councilmember Blesener to a one year term on the Independent School District 197 Community Education Advisory Council. Councilmember Hartmann seconded the motion. There being no further business to come before the Council, Councilmember Cummins moved that the meeting be adjourned. Councilmember Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:17 o'clock P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON SEPTEMBER 19, 1989 Concrete Licenses: Eldie Lundgren Masonry Grand Construction Company LaMere Concrete & Masonry, Inc. Excavating Licenses: McDowall Company S. J. Dahn Trucking & Excavating, Inc. Gas Piping License: Red Rock Heating & Sheetmetal, Inc. General Contractors Licenses: Castlebrook Construction, Inc. St. Croix Development T. J. Lillo Construction Company Vail Builders, Inc.