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1988-04-19 Council minutes■ Page No. 2319 April 19, 1988 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 19, 1988 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, 750 South Plaza Drive, 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, Blesener and Witt. PROCLAMATION Ayes: 5 Nays: 0 AGENDA ADOPTION Former Administrator, Orvil Johnson, was present to request Council to proclaim May 4th as Cities Day. Mr. Johnson stated that he has been working with Councilmember Witt and former Mayor Lockwood in an attempt to put together as Cities Day celebration proposed to be held at the new city hall site. Mr. Johnson described what Cities Day is and that its purpose this year is to celebrate the 75th anniversary of the League of Minnesota Cities. He indicated that the League has selected Mendota Heights as the lead City for Cities Day and described the program that will be conducted. Councilmember Hartmann moved adoption of Resolution No. 88-18, "RESOLUTION PROCLAIMING MAY 4, 1988 AS CITIES DAY IN MENDOTA HEIGHTS." Councilmember Witt seconded the motion. Councilmember Blesener moved adoption of the revised agenda for the meeting. With the addition of item i1/2, City Hall Change Order. Councilmember Witt seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Hartmann moved approval of the minutes of Ayes: 4 Nays: 0 Abstain: 1, Blesener Page No. 2320 April 19, 1988 the April 5th pre- council meeting with corrections. Councilmember Witt seconded the motion. Councilmember Cummins moved approval of the Minutes of the April 5th meeting. Councilmember Hartmann seconded the motion. Ayes: 4 Nays: 0 Abstain: 1, Blesener Councilmember Hartmann moved approval of the Minutes of the April 12th Board of Review meeting. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Witt seconded the motion. Councilmember Hartmann moved approval of the consent calendar, along with authorization for execution of all necessary documents contained therein. a. Acknowledgement of the Fire Department monthly report for March. b. Approval of partial payment No. 5 to the Joseph Company, Inc. in the amount of $116,713.20 for City Hall construction. c. Acknowledgement of the Minutes of and Recreation Commission meeting. d. Acknowledgement of the Treasurers March. the March 8th Park Monthly report for e. Acknowledgement of a status report on 1987 -1989 Target Issues. f. Approval of a change in the site plan for 727 Spring Creek Circle authorizing location of the home 40 feet from the wetlands area. g. Acknowledgement of a response from Dakota County regarding a traffic study relating to stop signs at Ayes: 5 Nays: 0 PUBLIC COMMENTS AIRCRAFT NOISE Page No.2321 April 19, 1988 Victoria Road and Marie Avenue, along with direction to the Public Works Director to respond to Dakota County that the City Council believes there are conditions and considerations over and above the normal warrants for stop signs at this intersection. h. Approval of an increase in the mileage reimbursement from 21 cents per mile to 22.5 cents per mile. i. Acknowledgement of a letter from Bill Owens expressing appreciation to Mike Maczko and Terry Blum on behalf of Mend-Eagan Athletic Association and its hockey program. j. Approval to hire six summer workers for the public works department. k. Approval of the List of April 19, 1988 and attached 1. Approval of the List of and totalling $221,043.56. Contractor Licenses dated hereto. Claims dated April 19, 1988 Councilmember Cummins seconded the motion. Mr. Wayne Schwanz, 591 Hiawatha Avenue was present to request the vacation of the Eugenia Street right-of-way and alleys in his area. Mayor Mertensotto stated that residents can petition the City Council to hold a public hearing on vacations or that the Council can initiate proceedings on its own. Council directed that staff look into the matter to determine whether there is a need for retaining the public street right-of-way and alley right-of-way. Mr. Ken Petchel, 645 Quail Ridge Circle, was present to ask that Council adopt regulations to require dog owners to be responsible for the cleanup of animal wastes in neighborhood parks. City Treasurer, Larry Shaughnessy, as the City's representative to the MASAC, showed the audience a combined map designating air corridors and noise impacts on the communities of Mendota Heights and Eagan. He then explained the position of the City Council relative to air traffic corridors and other aircraft noise issues. Page No. 2322 April 19, 1988 Mayor Mertensotto asked for questions and comments from the audience. Mr. Dave Bjorklund, 635 Quail Ridge Circle, asked why there is no attempt on the airport's part to fly five to six miles out from the runways before initiating turns and why the aircraft are not staying within the 15 degree corridor. Mr. Joe Maher, 1872 Summit Lane, asked what the time table is for initiating changes. He asked when the Metropolitan Airport Commission will give its recommendations to the FAA and what will happen if the FAA doesn't cooperate. Mr. Jerry Frank, 2317 Nashua Lane, stated that he believes the City Council has taken a strong position on the issue and that the five degree turn off runway 11 R does not only make sense, it also adds to the safety factor. He stated that he would like to see the City consider taking an all or nothing position on the matter in its discussions with the City of Eagan. He stated that in his opinion there is a big difference between a 10 and a 15 degree separation on runway 11L and that the City should hold fast to its position. Mr. Gaylen Funk asked whether Council understand the implications of its proposal on the Rogers Road area. He stated that if the planes are not allowed to make the quick turns they currently do, the impact of air noise over his area will be significantly greater. Mayor Mertensotto responded that 65 percent of the owners in the Furlong area have indicated that they would be interested in selling there homes if they could get true value for them. He also stated that there are five homeowners in the Rogers Road area who would also like to sell because the air traffic noise is so significant. He informed the audience that the Council has selected an appraiser and is trying to address the issue of buying out those particular properties. Mrs. Rita Joseph, Walsh Lane, stated that until recently the air traffic noise over her area was not a problem, but that last year the noise was unbelievable and that at times it feels as though the planes are going to take the top of her house off. The Council informed the audience that it is very important, especially within the next month, that the Page No. 2323 April 19, 1988 property owners affected by aircraft noise contact the Metropolitan Airports Commission when they have a complaint over the noise issue. Mr. Jim Stubbs , 784 Lower Colonial Drive, asked what area would the Council anticipate will have increased air noise problems because of the new highland pattern. Mr. Lyonel Greenberg, 746 Pontiac, asked whether the Council can get the message to all of the residents about the MAC telephone number to contact on complaints. Mayor Mertensotto suggested that anyone wishing to do so should write to Mr. Hal Greenwood, Chairman of the Metropolitan Airports Commission, explaining the problems and expressing their complaints. The Council answered questions from the audience and discussed the position the City should take with regard to the aircraft flight corridor. It was the consensus of Council that staff be directed to prepare a resolution incorporating the following positions. On simultaneous take -offs, all flights departing 11L must maintain a runway heading until the end of the runway. Runway 11R maintain runway heading until middle marker. FAA should install marker on 11L; All planes will maintain assigned heading until they are 4 miles from the end of the runway or achieve 3000 feet above ground; On simultaneous departures, requiring 15 degree separation, planes departing 11L should be given a heading no more than 10 degrees north of extended CL and those departing runway 11R no further South than 5 degrees from extended runway CL; Once departing planes achieve 15 degree separation they must maintain the same heading for four miles or 3000 feet above ground; On non- simultaneious departures, there will be no turns from the runway centerline on runway 11L; Request that the FAA install a localizer on the east side of the Minnesota River for runway 11L; Oppose the Highland Park departures unless that departures are on runway centerline for a distance of four miles or 3,000 feet above the ground level; Procedure and compliance should be monitored by MAC with some annual reports to communities on effectiveness and ABATEMENT Ayes: 5 Nays: 0 FOTO MARK Ayes: 5 Nays: 0 GEESE ROUNDUP Page No. 2324 April 19, 1988 procedure adopted should be subject to annual reconsideration. Councilmember Cummins moved approval of an abatement for Frank and Doris Muehlegger for parcel number 27-03500- 020-01, reducing the assessed value to $2,840 for 1985, 1986 and 1987. Councilmember Hartmann seconded the motion. The Council acknowledged and discussed a letter from Foto Mark, Inc. requesting approval of a permit to construct a storage room addition onto their existing facility. Discussion on the matter had been continued from the last meeting. Mayor Mertensotto informed representatives of Foto Mark that one of Council's concerns in regard to the requested addition was over disposal of chemicals. He stated that under no circumstances does the City want those chemicals dumped into the City's sewer system. Mr. Phillip Litchfield, representative of Foto Mark, stated that the company has been operating its facility since 1974 and doubled its building size. He informed Council that his firm is an industrial printing company which has a containment facility, and that it is the containment facility to which they wish to add 900 square feet so that they can separate the storage of flammable liquids. Mr. Jim VanWinkel, also representative of Foto Mark, stated that the hazardous wastes generated go through a still that recycles and reuses the paint and that the material which is not reusable is transported to a hazardous waste facility in Wisconsin. He stated that his firm is licensed by the County and is inspected regularly by the State and the County. Mr. VanWinkel stated that no new chemicals or solvents will be generated as a result of the expansion, and that the facility is only being expanded to control the existing waste materials. After discussion, Councilmember Cummins moved to approve the issuance of the building permit for a 900 square foot addition to the Foto Mark building as requested. Councilmember Witt seconded the motion. Council acknowledged a letter from Garold Murphy, Page No. 2325 April 19, 1988 representative of Somerset Country Club, requesting that Council consider a resolution allowing the fish and nd wildlife department to roundup geese in Mendota Heights. Mr. Murphy, present for the discussion, explained the problems that Somerset Country Club is experiencing and the need for control of the goose population. Dr. Jim Cooper, Fish and Wild Life Service, was also present for the discussion. Dr. Cooper explained that in order to do any goose control, permits must be issued by the State and Federal agencies. He explained the role of his service in the control of the goose population and informed Council on the population growth over the past fifteen years, population which was at 1,000 in 1973 and now exceeds 18,000 in the Metropolitan area. Dr. Cooper explained the capture and remove program for the Council recommending that removal occur every three years to keep the population in check. He stated that he is requesting Council's approval for the removal at the Country Club at the cost to Somerset, however he also explained that his service is locked in for this year's program and could not commence removal this year. Mr. Murphy stated that the Country Club is requesting Council's approval to get on the University of Minnesota's list so that hopefully there can be a roundup next year. Dr. Cooper and Mr. Murphy then answered questions from the Council and the audience. After discussion, Councilmember Blesener moved to allow a three year roundup of geese within the confines of the Somerset Country Club under the University of Minnesota Fish and Wildlife Services Capture and Removal Program at no cost to the City and on the basis that an annual report be made to Council. Councilmember Hartmann seconded the motion. Ayes: 5 Nays: 0 The Council requested Mr. Murphy to provide the City with the description of the procedures the Wildlife service intends to follow in terms of the number of geese and locations from which they will have to remove the geese from before starting the program. CORNICK WATERMAIN The Council acknowledged a report and recommendation from the public works director relative to the installation of a watermain from Lexington Avenue southwest along TH 13 to service the Mike Cornick residence at 1176 Sibley Memorial Highway. Councilmember Hartmann moved adoption of Resolution No. 88-19, "RESOLUTION ORDERING THE PREPARATION OF A Ayes: 5 Nays: 0 I -35E Noise Wall Ayes: 4 Nays: 0 PARK LANDSCAPING Ayes: 5 Nays: 0 CANVASSING BOARD Ayes: 5 Nays: 0 ASSESSMENT ROLLS Page No. 2326 April 19, 1988 FEASIBILITY REPORT TO SERVE 1176 SIBLEY MEMORIAL HIGHWAY AND ADJACENT AREAS." Councilmember Witt seconded the motion. Councilmember Cummins was excused from the meeting at 10:00 o'clock P.M. Mr. Virgil McQuay was present to request that Council support his request to MnDot for construction of a noise wall by his home located at I -35E and TH 110. Mr. McQuay, 976 Kay Avenue, submitted a petition from 20 of his neighbors requesting noise wall construction. After brief discussion, Councilmember Blesener moved adoption of Resolution No. 88 -20;, "RESOLUTION REQUESTING MN DOT TO CONSTRUCT A NOISE WALL ALONG I -35E." Councilmember Witt seconded the motion. Councilmember Cummins returned to the meeting at 10:05 o'clock P.M. The Council acknowledged a memo from Public Works Director Danielson relative to request for proposals from park landscapers. Councilmember Blesener moved to authorize staff solicit proposals from landscape architects for preparation of a master plan for park landscaping. Councilmember Hartmann seconded the motion. Councilmember Hartmann moved that the referendum canvassing board be conducted on May 4th at 12:30 o'clock P.M. Councilmember Witt seconded the motion. Councilmember Hartmann moved adoption of Resolution No. 88 -21, "RESOLUTION ORDERING THE PREPARATION OF ASSESSMENT ROLLS FOR LEXINGTON HEIGHTS HYDRANTS Ayes: 5 Nays: 0 MISCELLANEOUS CITY HALL CATCH BASIN CITY HALL CHANGE ORDER Page No. 2327 April 19, 1988 (IMPROVEMENT NO. 86 -14), PARK PLACE (IMPROVEMENT NO. 86- 12), STRATFORD WOODS (IMPROVEMENT NO. 86 -13), ROLLING WOODS (IMPROVEMENT NO. 86 PROJECT NO. 9), THE PONDS OF MENDOTA HEIGHTS (IMPROVEMENT NO. 86 PROJECT NO. 9), WILLOW SPRINGS CREEK ALIGNMENT (IMPROVEMENT NO. 83 PROJECT NO. 6), NORTHLAND PLAZA (IMPROVEMENT NO. 85 -3), COMMERCIAL STREET LIGHTS (IMPROVEMENT NO. 86 PROJECT 11) ." Councilmember Witt seconded the motion. Mr. Paul Springler asked Council whether there has been any proposal for apartment development on the Perkegwin Property. The Council acknowledged a memo from Public Works Director Danielson relative to the need for a catch basin for drainage in the City Hall parking lot. Councilmember Blesener stated that it is difficult for her to be convinced that a grading change for the parking lot will cost $5,396. Architect Bob Pierce, present for the discussion, stated that he is still investigating costs and would like to take another look at it. He stated that he can't believe that there is that much grading work required and asked that Council table the matter for the time being. The Council acknowledged a report from City Administrator Frazell regarding a proposed change order for cedar shakes for a new city hall. City Hall Architect Pierce stated that last Tuesday it was brought to his attention by the City Hall sub- committee that there was some confusion as to what the Architects had specified for roofing materials for the new city hall. He stated that he consciously specified cedar shingles rather than cedar shakes, and explained the difference between the two materials. Councilmember Hartmann stated that the Council specifically directed the Architects to look at two buildings, the Strub building on Highway 13 and another off of Bush Lake Road, which the Council felt were good examples of what City Hall should look like. He pointed out that both of the structures have cedar shaked roofs, and that it is a real surprise to him that the City structure is proposed to have shingles and not shakes. Mayor Mertensotto pointed out that the entire Council is surprised. Ayes: 5 Nays: 0 COUNCIL COMMENTS Page No. 2328 April 20, 1988 Mr. Pierce stated that he consciously specified cedar shingles because he believes shingles are more appropriate in what he is trying to achieve in appearance to the building. He stated that he believed that shingles would be a much better solution because it would give a trimmer less bulkier appearance than would the shakes. Councilmember Cummins stated that he is a very unhappy client, that he thinks the brick ugly, and now the roof is not as it was suppose to be. He stated that the City Council does not want a sleek municipal building and could not understand how the Architects could possibly misconstrued cedar shakes as shingles. The entire Council agreed with Councilmember Cummins that all discussion was that there would be cedar shakes. Mr. Pierce stated the he believes the texture is the correct approach and that to change to cedar shakes would increase the contract by $4,800. He stated that he could find other ways to spend the $4,800 that would enhance the building more. Councilmember Blesener stated that perhaps the City received an exceptional shingle bid last fall, and that she feels very strongly that the City should not have to pay the $800 penalty for a problem it had no part in creating. Mr. Pierce stated that he will absorb $800 for goodwill, but that he still feels cedar shakes would be a bad decision. After discussion, Councilmember Cummins moved to authorize a change order in the city hall contract to allow an additional $3,876 expenditure for cedar shakes. Councilmember Blesener seconded the motion. It was the consensus that Paster Enterprises and the Planning Commission should be notified that the Council will anticipate major changes in the shopping center as part of consideration of conditional use permit for a liquor store. Councilmember Cummins pointed out that Bent Tree Lane is still not completed and asked that staff look into the matter and be sure that it gets completed soon. He also Ayes: 5 Nays: 0 Page No. 2329 April 19, 1988 asked that staff look into the preparation of an ordinance prohibiting boats and floating devises in the Copperfield ponds. Councilmember Cummins asked whether the City could do anything about the faulty incinerator at the Mendota School and then directed staff to send a letter informing the school district that the City is aware of the problem. There being no further business to come before the Council, Councilmember Hartmann moved that the meeting be adjourned. Councilmember Witt seconded the motion. TIME OF ADJOURNMENT: 10:49 o'clock P.M. K thleen M. Swanson ity Clerk ATTEST: Charles E. Mertensotto Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL ON APRIL 19, 1988 Concrete Licenses: Hollenback & Nelson, Inc. M & N Construction Specialists Northland Concrete Construction Company Excavating Licenses: Bruhn Excavating' Carlson Sewer Company, Inc. Don Wayne Excavating James Peters Excavating Keystone Excavating Todora Plumbing General Contractor Licenses: Conway Construction, Inc. Dev. Con., Inc. Kraus Anderson Construction Company Twin City Storm Sash Quality Exteriors Heating & Air Conditioning Licenses: BSC Mechanical Contractors United Sheet Metal