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1989-04-18 Council minutesPage No. 2524 April 18, 1989 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 18, 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 Cummins, Hartmann and Witt. Councilmember Biesener had notified the Council that she would be late. AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Cummins moved adoption of the revised agenda for the meeting. Councilmember Hartmann seconded the motion. Councilmember Biesener arrived at 7:35 P.M. Councilmember Hartmann moved approval of the minutes of the April llth Board of Review meeting. Councilmember Witt seconded the motion. Councilmember Witt stated that there were a number of changes needed in the April 4th minutes. Approval of the April 4th minutes was tabled to May 2nd. Councilmember Witt moved approval of the consent calendar for the meeting along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of bids received for the residential tree planting program and award of a purchase order to Greenworks, Inc. for their low bid of $12,200. b. Appointment of Kathleen Ridder as the City's representative to the DNR Deer Control Task Force. c. Acknowledgment of a composting and yard waste report from the Administrative Assistant. Ayes: 5 Nays: 0 AIRCRAFT CORRIDOR Page No. 2525 April 18, 1989 d. Approval of the execution of a Joint Rental Agreement with the City of West St. Paul for continued use of a portion of West St. Paul sewer mains along Delaware Avenue. e. Approval of the issuance of a purchase order to Reisinger Excavating, Inc. for $3,645.00 for the extension of a storm water pipe through the Curley Tot Lot, costs to be charged to the Special Park Fund. f. Approval of the issuance of a purchase order to Reisinger Excavating, Inc. for $3,337.08 for installation of a driveway culvert south of Wesley Lane, costs to be charged against The Ponds of Mendota Heights project. g. Acknowledgment of the Fire Department monthly report for March. h. Acknowledgment of the minutes of the March 28th Planning Commission meeting. i. Acknowledgment of the Treasurer's monthly report for March. Approval of the list of contractor licenses dated April 18, 1989 and attached hereto. k. Approval of the list of claims dated April 18, 1989 and totalling $81,049.76. Councilmember Cummins seconded the motion. Mayor Mertensotto introduced Walter Rockenstein, Chairman of the Metropolitan Aircraft Sound Abatement Council, who has volunteered to be the coordinator of shuttle diplomacy to negotiate the flight corridor between the Cities of Mendota Heights and Eagan. Also present were Doug Powers from the FAA and Walter Helman, Director of Operations from Northwest Airlines. Mayor Mertensotto informed the audience that the City Council feels there should be Page No. 2526 April 18, 1989 no more than a 10% deviation from the established corridor and that the City should accept no more than half of that 10%. Mr. Rockenstein presented and reviewed a Runway 11L and 11R Departure Corridor Report prepared for the Eagan and Mendota Heights City Councils by the Metropolitan Airports Commission. He stated that he is hopeful that the disagreements between the two Cities can be resolved and that he was present to discuss several issues and would like to hear Council concerns on those issues. He stated that he would review procedures being used in the corridor and alternatives presented by MASAC to resolve disparities. He would then take questions about those two issues and note Council concerns. He introduced Bruce Wagner and Carl Rudeen from the FAA and Brian Rick from MAC. Mr. Rockenstein gave a graphics presentation on the material contained in the report which included current landing procedures for Runways 29L and 29R and FAA regulations for vertical and lateral separations on ILS approaches, current procedures for non-simultaneous and simultaneous take-offs and MASAC Alternatives for non-simultaneous take- offs, L10 contours, and magnetic headings chart and shift information. After presenting the information, Mr. Rockenstein asked for questions and comments. Mayor Mertensotto stated that while the graphics presented show noise well south of Highway 110, Council knows that aircraft are all over north of 110, and that certainly the graphic isn't typical of what is happening. He stated aircraft are probably becoming airborne half way down the runway and start divergence at lift- off, which brings the planes further to the north. Councilmember Witt stated that judging from complaints received, the Council feels that this occurs more than 5% of the time, and that the procedures for three-plane Page No. 2527 April 18, 1989 simultaneous take -offs are being used for all simultaneous take -offs. Councilmember Blesener asked what percentage of the departures are three - plane simultaneous. Mr. Rockenstein responded that there are about 500 take- offs a day, about half of which come over Mendota Heights and Eagan, and 12 to 20 of which are three -plane simultaneous. Mr. Helman indicated that MSP can handle about 60 take -offs and 60 landings per hour. Mayor Mertensotto stated that for four hours during the day, between 7:00 and 9:00 A.M. and 5:30 and 7:30 P.M., the City gets pounded with aircraft noise. Councilmember Witt informed Mr. Rockenstein that residents north of Highway 110 have told the Council that they are getting pounded with air noise all day long. Mayor Mertensotto stated that people have called him complaining that they have counted as many as 60 aircraft over their homes in an hour. Councilmember Hartmann pointed out that while Council knows departing aircraft are flying north of Highway 110, this is not shown on any of the drawings presented this evening. Mr. Rockenstein responded that there are aircraft tracks coming off of the St. Paul runway that curve back over the top of Mendota Heights and are clearly north of Highway 110. Mr. Powers stated that one issue is not so much turns before the end of the runway, but that once planes leave the ground environment and become airborne, they must cross the river and if the wind is out of the south, the planes will drift north regardless of what heading is given. He stated that this is the reason for giving diverging headings immediately after take- off. If a plane departing on the south runway becomes airborne and is affected by a south wind, it will be blown into a plane that is trying to stay on runway heading. He pointed out at that the operations committee meetings it was suggested that airplanes stay on runway headings to the end of the runway, and that safety concerns Page No. 2528 April 18, 1989 as well as the affect of the wind were pointed out as being the reason this was not a practical alternative. Mayor Mertensotto observed that the point Council wishes to make is that while Council is being told of the procedures, the actual situation is far different. A gentleman from the audience asked why distance measuring equipment (DME) is not used to initiate turns. Mr. Powers responded that the DME doesn't read tenths of a mile on the ground, and the tower is giving turns essentially within one mile of the DME. Responding to another question from the audience, Mr. Powers stated that the runways operate totally independently and arrivals on each runway are normally staggered. He further commented that like-type planes can be separated by 6,000 feet: if the first plane is 6,000 feet down the runway and airborne, the second plane can begin rolling, which will generally result in a 3 mile separation. Councilmember Cummins asked for the history or legal reason why planes going off of 11R cannot turn further to the south and why in fact all of the turns to achieve the 15 degree separation are to the north over Mendota Heights. Mr. Rockenstein responded that his understanding is that when the original procedures for the corridor were adopted there were no restrictions on take off and many of the flights were over the Timberline Addition and Acacia. As a result of the complaints from the residents there was an effort to create the corridor. The cities observed that much of the land in the proposed corridor area was undeveloped and zoned for industrial use. Jet aircraft were not to be given headings which carried them south of the localizer. This was the genesis of the non- simultaneous procedure, and as far as he could tell, no north boundary was established. Legally, the FAA could change that, provided that since there is an established tower rule, the minimum legal Page No. 2529 April 18, 1989 effort needed would be to prepare an environmental assessment which finds no significant impact by changing the procedure. If there was a finding of potential significant impact, they would have to do a full EIS. Councilmember Cummins stated that in June of 1988, at a MASAC hearing to discuss diferences between the two cities, the MAC presentation was based on a 15 degree safety separation. He pointed out that at that meeting, the City learned that the FAA was not just fanning flights 15 degrees over Mendota Heights but had in fact expanded the cone to accommodate three flight-simultaneous take-offs which swung the planes 28 to 30 degrees. He asked whether they free to fly as far north as they like without requiring an EIS. Mr. Rockenstein stated that since there was no established north boundary, there has not been a change in procedures and an EIS is not required. Councilmember Cummins brought up the issue of the shift of magnetic north, which is continually moving further north into Mendota Heights and further away from Eagan. Mr. Rockenstein responded that when the runways were built, the magnetic heading was between 110 and 115. It has moved: in 1988 the magnetic heading was 118 and it is projected to be 120 by the year 2000. The corridor has moved about 3 degrees to the north because planes are flying a true magnetic setting of 118. Councilmember Cummins pointed out that not only does the City have to deal with the expansion of the corridor to the north, Council must also deal with nature, and in whatever compromises are made, the magnetic heading changes must be taken into account. Mayor Mertensotto stated that the City is at a stand-still. The corridor cannot be shifted south without an EIS to show there is no adverse impact. In the meantime the aircraft keep getting fanned further to the north. Page No. 2530 April 18, 1989 Mr. Rockenstein responded that the EIS does not have to show no adverse impact to the south, it need only show what the impact is. It may be that only an EAW is necessary, and the impact must be weighed before the rules can be changed. He felt that the City is not at an impasse. The function of the EIS is to inform on the facts so that they are available when a decision is made. It does not restrict a change in the rules. He pointed out that the document would indicate the number of people who would be benefitted in Mendota Heights and impacted in Eagan. Councilmember Blesener asked whether as the airport activity continues to grow it is expected that the impact will be in the three-track mode. Mr. Rockenstein responded that the result would probably be more hours of peak activity rather than more flights per hour and the question is how many more hours of peak activity will there be. Mr. Maegher stated that if there was no northern boundary established, why was he told by Mr. Steve Vecchi in 1987 that there could be no flights north of Wagon Wheel. He asked what the separation is at Lexington. He also stated that the reason there is a restriction from flying south is that there was an agreement signed in 1973 between the FAA and Eagan. Mr. Powers responded that the separation is 15 degrees off the runway. Mr Maegher pointed out that the Highland Park overflights have impacted the northern part of Mendota Heights, so now not only is the City affected by the fact that there is no northern boundary, it is also impacted by the Highland Park pattern. Mayor Mertensotto pointed out how helpless the Council feels in the situation. Each of the agencies has its own objectives and never tell the City how they can help in the situation. Mr. Virgil McQuay stated that some time ago the City made an agreement with the airport Page No. 2531 April 18, 1989 that it would not encourage building any homes in a vast area of the City if the MAC would direct its flights over the southern part of the City, 1-494. Mr. Powers stated that MAC has no power to make agreements that affect the FAA or its operations. Councilmember Cummins stated that the Council is taking a two-track approach to the problem: working on shuttle diplomacy with Mr. Rockenstein and, in the last six weeks have directed the City Attorney to make a request under the Freedom of Information Act to the FAA and MAC to produce all records relating to the corridor, flight records, etc., so that the City can determine whether it has a basis to petition for an EAW or EIS. A gentleman in the audience stated that there is a significant difference in the noise levels of the different aircraft and asked whether there would be any way to limit the northern tract to the quieter aircraft. He also asked what landing fees are based on and whether it would be possible to base it as well on the noise level of the aircraft. Mr.Powers responded that planes are assigned to the runways based on destination and safety considerations would not allow the restriction of take-offs by type of plane. Mr. Rockenstein stated that landing fees are based on weight of the craft and MAC is considering negotiating landing fees being based on noise as well, as part of the negotiations for leases. Mr. Powers responded to questions from Councilmember Blesener about why planes cannot at least wait to make a turn until the end of the runway, and from Mayor Mertensotto on whether the planes could fly a ground track rather than a magnetic heading. Mayor Mertensotto thanked Mr. Rockenstein, Mr. Powers and Mr. Helman for attending. He stated that whatever can be done to RECESS FURLONG ADDITION Page No. 2532 April 18, 1989 resolve the problems for the residents of Mendota Heights would be greatly appreciated. Mayor Mertensotto called a recess at 9:30 P.M. The meeting was reconvened at 9:35 P.M. A number of residents were present regarding City acquisition of properties in the Furlong Addition. Mayor Mertensotto stated that the Council must set priorities and take those homes whose owners have real hardships, asking for statements from the owners telling Council why they are asking the City to acquire their homes. Mr. Lavern Richgels, 1310 Kendon Lane, stated that he definitely had an understanding that his home would be purchased. He stated that he was told that within a month his property would be appraised and in three months the City would buy it. He informed Council that based on that understanding, he and his wife have found another home. Administrator Frazell stated that the City doesn't have any appraisals from the Furlong Addition yet. Councilmember Cummins asked whether Council has adopted or established any standards as to what would qualify as a hardship. Administrator Frazell stated that this has not been done, and that the TID as currently put together envisioned that homes in the Rogers Road and Mulvihill areas would be completely bought out; money was included in the TID for sewer and water extension to the Furlong area. He stated that many of the people in the Furlong Addition have indicated that they want the City to buy their homes and that Treasurer Shaughnessy has indicated that for the most part, hardship take-over must be because of sewer and water problems. Mr. Frazell stated that it was envisioned that the City would find a developer to redevelop the entire area, but that this h as not yet happened. He pointed out in 1990, highway reconstruction will begin and will take two to three years, and the City Page No. 2533 April 18, 1989 may then find that there may be development interest. He stated that depending on the TID revenues, staff is anticipating that two to three homes could be purchased this year, depending on the value of the homes, and perhaps another three or four could be purchased next year and so on. As it gets close to the time when the highways are completed and re- opened, there may be an interested developer. He pointed out that the City has never precluded anyone from buying homes in the Furlong neighborhood and when neighborhood meetings were held, the residents indicated that it was very difficult to sell homes in the area because of air noise and the lack of City sewer and water. A gentlemen from the audience stated that his home would probably be one of the last to be taken, and this would probably result in his property value being reduced because many of the other homes would be gone and the neighborhood would not be as well kept up. Councilmember Blesener asked whether there is any opportunity in the TID not to cash out but some type of reverse mortgage instead. Treasurer Shaughnessy responded that there is not. He stated that the only alternative would be if the City had a signed developers agreement, which would allow the City to borrow the money to buy the homes. Mayor Mertensotto felt that a letter should be sent to all the people in the Furlong Addition to explain that the City cannot purchase all of the homes at one time and asking that people give Council statements explaining what hardships they have. A gentlemen in the audience suggested that all of the home be appraised now so that appraisals are locked in and values don't go down. He stated that he has a newer home and his would not therefore be one of the first to be taken. Administrator Frazell stated that he has drafted a letter to the residents. He suggested that the residents be invited to let the City know of their interest in "L" STREET VACATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 YORKTON SIGN POLICY HEALTH EAST SIGN Page No. 2534 April 18, 1989 selling, so that the City knows how many want to sell. Mayor Mertensotto thanked the residents for attending the meeting and indicated that the City will send a communication to all of the property owners. He pointed out that Council must make decisions on where the real hardships lie and how many homes can be bought each year. One of the residents complained about the condition of Kendon Lane and staff was directed to check into the matter. Mayor Mertensotto opened the meeting for the purpose of a public hearing on the proposed vacation of "L" Street, and acknowledged a report from the Public Works Director. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Witt moved that the hearing be closed. Councilmember Hartmann seconded the motion. Councilmember Cummins moved adoption of Resolution NO. 89 -36, "RESOLUTION APPROVING VACATION OF A STREET RIGHT -OF- WAY," subject to execution of an easement agreement by Mr. Michael Cornick. Councilmember Witt seconded the motion. Council acknowledged a proposed signage policy prepared and submitted by Yorkton ltd., inc., for Yorkton Centre Pointe South, and a report from Public Works Director Danielson regarding the proposed policy and the application for sign permit from Health East. Responding to a question from Mayor Mertensotto regarding the United Properties signage procedures, Mr. Danielson stated that Council has approved the signage policy for United Properties. United Properties requires the signs to conform to the policy, and Council individually approves all signs in the industrial park. Planning Commission review is not required. Ayes: 5 Nays: 0 Page No. 2535 April 18, 1989 After discussion, Councilmember Hartmann moved to approve the Centre Pointe South sign policy as submitted. Councilmember Cummins seconded the motion. Councilmember Witt moved to approve the application from Health East for a sign consistent with the policy just adopted by Council. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 PROPERTY ACQUISITIONS Council acknowledged a memo from Treasurer Shaughnessy regarding acquisition of the Jeanne Tousignant properties (2141, 2143 and 2145 Highway 55, and the Margaret Rockhold property, 2161 Highway 55. In his report, Mr. Shaughnessy also compared the results of the appraisals prepared by the City and the appraiser retained by Mrs. Tousignant. Mayor Mertensotto pointed out that this is another situation where the City does not have a developer for the property, and that the City would have to use TID monies that could be used for the Furlong Addition. Mr. Shaughnessy stated that this area is contiguous to the property previously approved for purchase in the Rogers Road area and funds had been set aside for purchases in this area as well as the Rogers and Mulvihill areas. He further noted that purchase of this property is a higher priority and is outside of the anticipated three to five acquisitions per year. Ayes: 5 Nays: 0 Councilmember Cummins moved to purchase the Rockhold property for $95,000, the value established by the City Appraiser, and to authorize staff to proceed with the proposed purchase. Councilmember Hartmann seconded the motion. Mr. Robert Tousignant and Mrs. Jeanne Tousignant were present for the discussion over acquisition of the Tousignant property. Mr. Tousignant stated that the Ayes: 5 Nays: 0 ELECTION EQUIPMENT Ayes: 5 Nays: 0 Page No. 2536 April 18, 1989 City appraisal is $157,000 and that the appraisal prepared for the Tousignants by Boblett Associates is $173,000. Councilmember Cummins asked whether Mr. Tousignant has had any discussions with staff to try to determine a mutually acceptable price. Administrator Frazell stated that it has been a hard and fast rule to this point that the City's appraisal would be used. Mr. Tousignant stated that the reason he feels the Boblett appraisal has as much value as the City's is that the appraisal of the City was for 60 cents per square foot and the property across the street was valued at $1.00 per square foot. He felt that he feels 60 cents is too low Councilmember Cummins asked what condition the structures are in, to determine whether the City could recover some of the purchase funds by selling the homes for moving off the property. Administrator Frazell pointed out that usually the price for a home that is to be moved is only nominal compensation. Mayor Mertensotto suggested that staff and the Tousignants get together and try to arrive at a compromise which Council could consider. Mr. Tousignant suggested that the parties "split the difference." After additional discussion, Councilmember Cummins moved to authorize staff to proceed with the proposed purchase of the Tousignant properties for $165,000. Councilmember Witt seconded the motion. On the recommendation of the City Clerk, Councilmember Witt moved to authorize Independent School District 197 to use five of the City's 0-IIIP optical scan vote tabulators for processing of the 1989 School Board election. Councilmember Hartmann seconded the motion. Page No. 2537 April 18, 1989 COPPERFIELD STOP SIGNS Council acknowledged a letter from Mrs. Kay Villaume, 589 Pond View Drive, requesting installation of stop signs in Copperfield and an associated report from the Public Works Director. CUSTODIAN Mayor Mertensotto stated that normally when Council tries to get stop signs installed on a County road and the warrants are not met, the signs cannot be installed. He further stated that when City staff finds that warrants have not been met for City streets, Council should not authorize sign installation. Councilmember Cummins stated that he thinks Council should wait until the development is substantially completed and then ask the Police Chief to view the area and determine whether signs are needed. Councilmembers Witt and Blesener agreed. Council directed the City Administrator to notify Ms. Villaume that the general consensus of Council is to take another look at the request after the development is completed. Council acknowledged and discussed a memo from the City Administrator requesting authorization to hire a part-time custodian for City Hall. Councilmember Blesener asked Administrator Frazell whether he had considered contracting with a different janitorial service. Mr. Frazell responded that his concern is that there are many things which should be done that are outside of a normal contract and that for the same amount of money the City would have to pay for a three-night a week contracted service, the City could hire someone who would do all of the necessary tasks. Mayor Mertensotto asked if the City could get proposals from individuals rather than creating the position. Staff was authorized to advertise for a custodian and directed to investigate alternatives. ) MISCELLANEOUS WORKSHOP Ayes: 5 Nays: 0 MISCELLANEOUS PARK ISSUES Page No. 2538 April 18, 1989 Administrator Frazell asked whether the Mayor and Councilmembers were interested in registering for the League of Cities Conference. Councilmember Blesener moved to schedule a Council/Planning Commission/Park Commission workshop on May 30th. Councilmember Witt seconded the motion. Administrator Frazell informed Council that the City will be hosting the May 31st Association of Metropolitan Municipalities meeting at Mendakota. Councilmember Blesener gave Council an update on Parks Review Committee meeting discussions. She indicated that it was the consensus of the committee that the referendum date be postponed indefinitely. She stated that the group is pursuing looking at 3 or four other sites for ballfields and will be opening negotiations with the School District. Councilmember Blesener suggested that the City communicate with the School District on the appointment of a negotiating committee and also that the City notify the owners of Mendakota Estates of the City's intention to maximize use of the park property in the plat. Councilmember Blesener informed Council that one of the suggestions of the Review Committee was that it might be worthwhile to try to get an option on the West property at Marie and Delaware so that the land doesn't get sold to someone else during the time the City is negotiating with the School District. She asked that Administrator Frazell find out who the owner or owner's negotiator is. She also asked whether Council could look at its policy on assessing City property; whether there is some way when the City acquires park land that it would not end up paying a proportionate share of the assessment. ADJOURN There being no further business to come before the Council, Councilmember Hartmann Ayes: 5 Nays: 0 ATTEST: Page No. 2539 April 18, 1989 moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:30 o'clock P.M. 454 r Kathleen M. Swanson City Clerk Charles E. Mertensotto Mayor