1990-02-06 Council minutesPage No. 2714
February 6 , 1990
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 6, 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,
Cummins and Hartmann.
AGENDA ADOPTION
Councilmember Hartmann moved adoption of the
agenda for the meeting.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Councilmember Blesener moved approval of the
minutes of the January 16, 1990 regular
meeting with corrections.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Cummins 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
January 23rd Planning Commission meeting.
b. Acknowledgment of the Code Enforcement
monthly report for January.
C. Acknowledgment of the Police Department
annual report for 1989.
d. Acknowledgment of quotations received and
authorization for issuance of purchase
orders to Grossman Chevrolet for $14,400
for a 1990 3/4 ton four wheel drive pick-
up truck and a purchase order to LaHaas
Corporation for $1,892 for a plow for the
Parks Department.
e. Authorization to increase the mileage
reimbursement rate to 26 cents per mile.
Page No. 2715
February 6 , 1990
f. Authorization for the purchase of two 1990
Chevrolet Caprice squad cars from Viking
Chevrolet in accordance with the Ramsey
County-St. Paul joint purchasing bid, at a
cost of $25,620.28.
g. Adoption of Resolution No. 90-03, "A
RESOLUTION REVISING SCHEDULE OF FEES FOR
ADMINISTRATIVE, ENGINEERING, BUILDING AND
POLICE SERVICES."
h. Approval of the permanent appointment of
Kevin Batchelder as Administrative
Assistant.
i. Approval of the certification of Lot 3,
Block 2, South Ridge Addition as non-
conservation land to allow its sale under
tax forfeiture proceedings.
j. Adoption of Resolution No. 90-04,
"RESOLUTION DESIGNATING PRECINCT POLLING
PLACES."
k. Approval of the list of contractor
licenses dated February 6, 1990 and
attached hereto.
1. Approval of the List of Claims dated
February 6, 1990 and totalling
$399,755.17.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
PROCLAMATION Councilmember Hartmann moved that the week of
March 4-11, 1990 be proclaimed "Volunteers of
America Week."
Councilmember Anderson seconded the motion.
Ayes: 5
Nays: 0
COMMENDATION Mayor Mertensotto commended Police Chief
Delmont on his recent presentation to the
Rotary Club on the DARE program.
BIKE TRAIL COMPLAINT The Council acknowledged a letter from Mike
and Susan Bosivich, 1796 Trail Road, regarding
construction of a bike trail on the north side
of Marie Avenue between Dodd and Victoria.
Council also acknowledged an associated report
from Public Works Director Danielson.
Page No. 2716
February 6 , 1990
Mrs. Bosivich, present for the discussion,
expressed her objection to locating the trail
on the north side of the street. She informed
Council that besides causing the removal of
pine trees, the trail construction would
disrupt their sprinkler system and a retaining
wall will be necessary. She stated seven
houses would be affected on the north side of
the street as opposed to four houses on the
south side and suggested that a trail
traversing the driveways would be dangerous.
She pointed out that the in-place trail
traverses from south to north and then back to
the south. She asked that a cost study be
done and expressed concern about underground
cables, how long the construction will take,
and what a proposed retaining wall will look
like.
Responding to a suggestion from Mayor
Mertensotto that the Bosivichs' meet with
staff, Dr. Bosivich stated that they have
already met with Tom Knuth and have brought
their concerns to Jim Danielson's attention
and nothing has been resolved.
Councilmember Anderson pointed out that the
staff memo indicated that the City does not
need an easement to construct the trail as
proposed. If the memo is accurate, it appears
that the Bosivichs' have undertaken to have
part of their sprinkler system put into the
City's boulevard.
Mrs. Bosivich responded that her abstract
shows no easement along Marie.
Councilmember Anderson stated that there is a
park on the north side of Marie and if the
path were built on the south side, children
would have to cross two streets to get to the
park.
Councilmember Blesener pointed out that the
trail is already in place on the north side
from Victoria Avenue to the I-35E bridge.
Mr. Al Anderson, 721 Marie, expressed concern
over safety. He felt that if children cross
the street (to get from one trail section to
another) an accident will be inevitable.
Page No. 2717
February 6 , 1990
Councilmember Anderson responded that it makes
no sense to have the trail cross back and
forth, but in this area the north trail lines
up with Valley Park. He pointed out that when
the referendum was approved it was clearly
manifest that was where the trail would be.
Councilmember Blesener stated that the
concerns expressed by the Bosivichs' and Mr.
Anderson are issues Council will have to deal
with in countless areas of the City. The City
will have to remove trees and sprinkler
systems and change property contours all over
the City.
Dr. Bosivich asked if the City will ascertain
that the existing quality of the yards will be
maintained. He informed Council that when the
sewer was installed he had to replace his sod
even though the City had said it would do the
replacement. Mrs. Bosivich asked who will be
responsible if someone is injured on the trail
by someone backing out of a driveway.
Councilmember Anderson responded that the
liability in any incident depends on all of
the circumstances involved at the time.
It was pointed out by Councilmember Blesener
that the trail will loop down to the I-35E
underpass which is already in place. She also
stated that the trail is in place on the south
side of Marie from Lexington to Victoria.
Councilmember Cummins felt that staff should
be given direction that the trail should be
constructed on the north side of Marie and
beyond that point, it would be well for staff
to meet with the Bosivichs to address their
concerns. Mayor Mertensotto agreed, stating
that if there are things that can be done to
mitigate what the residents consider problem
areas, staff will try to do so.
Councilmember Blesener suggested that staff
spend more time with the residents to discuss
the retaining wall and aesthetics.
Public Works Director Danielson responded that
the wall was included so that the City would
not have to go onto the Bosivich property.
The City could instead regrade their property
if this is the Bosivichs' preference.
Page No. 2718
February 6 , 1990
It was Council consensus that the trail be
constructed on the north side of the street
and that engineering staff should contact Dr.
& Mrs. Bosivich and report back to Council.
CASE NO. 89-40, FRYE Mayor Mertensotto opened the meeting for the
purpose of a public hearing on an application
from Mr. & Mrs. Richard Frye for a critical
area variance. It was noted that the
applicants have requested that the hearing be
continued so that their revised plans can be
reviewed by the Planning commission on
February 28th.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Jim Malkowski, Executive Director of the
Nature Center, gave the Council and audience a
history of Dodge Nature Center and an overview
of the $1.5 million visitors' center proposed
to be constructed on 155 acres of Dodge Nature
Center property south of T.H. 110 and east of
Delaware. He explained that the Nature Center
is involved in a capital funding program so
that there will be no debt on the facility,
which will include a 125 seat auditorium,
exhibit rooms and classrooms. He informed
Council that the only problem he has
encountered is that of access - they would
like access to be directly from Highway 110
but Mn/DOT has not granted access. The
alternate would be to provide access from
Dodge Lane, but the property owners on Dodge
Lane object to its use as an access. Mr.
Malkowski acknowledged that the last five
months have been devoted to economics for the
There being no questions or comments,
Councilmember Blesener moved that the hearing
be continued to March 6th at 8:00 P.M.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
HEARING - CASE NO.
Mayor Mertensotto opened the meeting for the
89-25, DODGE NATURE
purpose of a public hearing on an application
CENTER
from the Dodge Nature Center for a conditional
Use Permit for Planned Unit Development for
construction of a visitors' center. council
acknowledged copies of letters from Mr. & Mrs.
Hodapp and Mr. and Mrs. Rein, property owners
on Dodge Lane.
Mr. Jim Malkowski, Executive Director of the
Nature Center, gave the Council and audience a
history of Dodge Nature Center and an overview
of the $1.5 million visitors' center proposed
to be constructed on 155 acres of Dodge Nature
Center property south of T.H. 110 and east of
Delaware. He explained that the Nature Center
is involved in a capital funding program so
that there will be no debt on the facility,
which will include a 125 seat auditorium,
exhibit rooms and classrooms. He informed
Council that the only problem he has
encountered is that of access - they would
like access to be directly from Highway 110
but Mn/DOT has not granted access. The
alternate would be to provide access from
Dodge Lane, but the property owners on Dodge
Lane object to its use as an access. Mr.
Malkowski acknowledged that the last five
months have been devoted to economics for the
Page No. 2719
February 6 , 1990
project, so he has not done much to contact
Mn /DOT to find a more acceptable access.
Councilmember Blesener asked whether the
facility could be located somewhere else on
the property so that better access might be
possible - access from Huber Drive, perhaps.
Mr. Malkowski responded that the nature center
has considered several possible locations but
that the proposed site was selected for
multiple eco system access.
Councilmember Anderson stated that he recalls
that the Planning Commission also recommended
scaling down the parking from 125 car parking
since much of the traffic to the site will be
bus traffic and most of the activity will be
during the week. He also stated that it
seemed clear to him that the City staff has
indicated that Mn /DOT flatly refused access
from Highway 110. He felt that the full
Planning Commission liked that concept but
that access was a problem, and that as a
Planning Commission member at the time of the
discussion on this issue, he did not rule out
Dodge Lane as an access if it is the only
viable access. He felt that the Dodge
proposal is a tremendous concept and perhaps
Council could approve the conditional use
permit, making it part of the approving
resolution that Dodge Nature Center must make
every effort at getting access other than
Dodge Lane. He felt that if Dodge Lane
becomes an absolute last resort, the Center
should be allowed to use it.
Mr. Malkowski stated that he felt such action
would be excellent - it would greatly benefit
Dodge Nature Center in its efforts to get
contributions for the project.
Councilmember Blesener pointed out that
Mn /DOT's position has been that if there is
any other possible access they will not allow
access from Highway 110.
Councilmember Cummins stated that he would
like to see the access issue resolved before
Dodge brings the request back to Council. He
felt that it would be unfair to the Dodge
contributors for Council to approve anything
before the access issue is resolved.
Page No. 2720
February 6 , 1990
Mr. Malkowski stated that the Dodge Nature
Center has Highway 110 access to a farmstead
located on the property but the Center was
trying to avoid using this access because it
would have to build a parking area on top of a
hill.
Councilmember Blesener pointed out that Mr.
Malkowski's earlier comments indicated that
the facility would be family-oriented and as
such will in fact get considerable vehicular
activity. She questioned the wisdom of
reducing parking from 125 spaces to 50 spaces.
She felt that at the very least, Dodge should
make arrangements for overflow parking on the
church property.
Mayor Mertensotto asked whether it would be
possible for Mn/DOT to build a service lane
along the highway to provide access.
Mr. Malkowski responded that he would be happy
to look at all alternatives.
Councilmember Cummins moved that the hearing
be continued to April 3rd at 8:00 P.M.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
HEARING -- WAGON WHEEL Mayor Mertensotto opened the meeting for
TRAIL (IMP. 88-7) the purpose of a continued hearing on proposed
Wagon Wheel Trail improvements. Council
acknowledged a report from Engineer Klayton
Eckles.
Engineer Eckles gave a history of the proposed
project and informed the audience that at ' the
last hearing two major issues were raised.
These issues are the alignment of the road
through the area between Lexington and I-35E,
and options for funding assistance in the form
of deferments for large properties. With
respect to the realignment, engineering staff
surveyed the area and has prepared drawings,
which Mr. Eckles reviewed for Council and the
audience. He pointed out that the roadway can
be installed without the need for taking any
frontage from the properties west of 35E.
Staff feels that the project is still feasible
technically and financially.
Mr. Eckles stated that the City Attorney has
submitted his opinion on the legal aspects of
Page No. 2721
February 6 , 1990
deferring portions of assessments. Staff had
hoped it might be possible to alleviate the
higher costs to owners of larger properties.
The City Attorney has found that the City
would not be advised to make partial
deferments.
Mayor Mertensotto asked for questions and
comments from the audience.
Mr. Al Wisdom, 881 Wagon Wheel Trail, -
suggested that there is a third problem --
everyone on Wagon Wheel opposes the project.
Mayor Mertensotto responded that at the
earlier hearing one resident expressed his
support for the project.
Mr. Jerry Nelson stated that he has lived on
Wagon Wheel since 1961. Some time ago he had
a lot adjacent to his property and was
assessed for overflow on one side and catch
basins on the other side. He stated that at
that time he was promised he would never be
again assessed and there would never be curb
and gutter.
Mayor Mertensotto responded that one City
Council cannot bind its successors to a course
of action.
Mr. George Linafelter, 810 Wagon Wheel, stated
that when he built his home, he paid less for
his house payment, insurance and taxes
combined than he now pays for taxes alone. If
the project is approved, two-thirds of his
housing cost will be assessments. He
suggested that the project will only benefit
realtors and that property owners will be
forced out of their homes.
Tim Zwirn, 809 Wagon Wheel, asked if the City
has looked at elimination of the separate bike
path on the north side, incorporating a
bikeway into the street. He also asked
Councilmember Blesener if she owns property on
Alice Lane. He suggested that if this is the
case, the bike path will make the Blesener
property more valuable. He felt there would
be a conflict of interest.
Councilmember Blesener responded that her
husband's company owns property on Alice Lane
and that she has no conflict of interest. She
Page No. 2722
February 6 , 1990
stated that the improvement on Wagon Wheel has
no bearing on this property.
Scott Miller, 1021 Wagon Wheel, informed
Council that the neighborhood has many
problems with the project. A recent appraisal
of his home indicated that the neighborhood
suffers from economic obsolescence due to
airport and freeway noise. The residents do
not feel that project would benefit them at
all.
Mr. Paul Clemens, 850 Wagon Wheel, asked how
long the project has been contemplated.
Public Works Director Danielson responded that
Wagon Wheel has been designated as an MSA road
for at least 10 years.
Mayor Mertensotto stated that Council has
known for many years that Wagon Wheel would be
turned back by the County and that a trail
system has always been contemplated for Wagon
Wheel.
Dick Bebel, 1011 Wagon Wheel, stated that at
the last meeting there was much discussion
1 with respect to the common good of the
community. He failed to see that the project
has anything to do with the common good. It
is one mile long and all but one property
owner opposes the project. Council feels
Wagon Wheel is unsafe because it winds through
the lakes; the neighborhood feels this is what
makes it safer. The City wants to widen the
street and there is a speed problem now - the
only thing that holds the speeds down is the
curves in the road. With respect to costs, he
stated that all of the neighbors feel the
proposed project would cost too much,
especially considering that both a school
issue and park issue have recently been
approved.
Mrs. Schadegg, 810 Wagon Wheel, stated that
she has small children, and that the speed
problem is not what she is concerned about.
She likes the physical separation from the
road that the ditch provides. She asked
Councilmember Blesener how she could say she
receives no benefit when her property has
direct access to the trail and the Alice Lane
property has access only to Wagon Wheel. The
Wagon Wheel residents are proposed to be
assessed and are not selling their properties.
Ayes: 5
Nays: 0
Page No. 2723
February 6 , 1990
Councilmember Blesener again responded that
she has no conflict, and if some of the
residents feel property she owns in the area
will benefit, how can they maintain that their
properties do not benefit.
The owner of 2250 South Lexington asked how
much of her property would be taken for the
project and where the trail would be located
on Lexington. Engineer Eckles responded that
the project would take about 10 feet of width
at the widest point and would taper to
nothing, an area of approximately 10 by 150
feet. He informed the resident that the
County has a trunk bike trail along Lexington.
Mayor Mertensotto informed the audience that
Council had continued the hearing to see what
kind of deferred assessment policy it could
make and how much right-of-way was needed.
Treasurer Shaughnessy informed Council that
the City could cap assessments at 100 feet of
width, which would help the owners of the
larger parcels. This would, however, set a
precedent different from the street
rehabilitation policy.
There being no further
Councilmember Hartmann
be closed.
Councilmember Anderson
questions or comments,
moved that the hearing
seconded the motion.
Councilmember Blesener stated that Council
must take action for the good of the City.
There would never be a project undertaken if
the property owners could vote it down.
Council should also consider that the overlay
on Wagon Wheel has a life expectancy of 5 to 7
years. If improvements must be made at that
time, the overlay costs alone would be as much
as the entire proposed project would be now
because of MSA funding availability. With
respect to the issue of speed, she stated that
a driver must come to a stop when someone is
walking on the street and there is oncoming
traffic.
Mayor Mertensotto stated that Wagon Wheel's
surface now is the best it has been since he
moved to the area in 1959. He further stated
that Councilmember Blesener's comments that
Page No. 2724
February 6 , 1990
overlay costs in 5 to 7 years would be the
same as the total project cost now is hard to
believe. He pointed out that the City is
trying to put in a trail system and there is
no funding in the referendum for the Wagon
Wheel section.
Councilmember Cummins pointed out that MSA
funding will still be available in the future.
Councilmember Anderson stated that Council
recently considered the Furlong issue and
people from that neighborhood have said that
the City should have installed a sewer system
years ago over their objections. Upgrading
Wagon Wheel 5 to 7 years ago will cost much
more than today. He felt that the proposed
improvement would benefit the properties.
Councilmember Cummins stated that Council has
talked about having to weigh the community
good versus the immediate neighborhood needs,
and that the neighborhood has persuaded him
that the immediate long term needs of the
community should take second place to the
neighborhood in 1990. He did not think the
community has a big stake in doing the project
this year, and that in 3, 5 or 7 years there
will be a trail and the street will be
rebuilt.
Councilmember Blesener moved to order staff to
begin preparation of plans and specifications
for the Wagon Wheel Trail improvement project.
Councilmember Anderson seconded the motion.
Ayes: 2
Nays: 3 Mertensotto
Hartmann
Cummins
RECESS Mayor Mertensotto called a recess at 9:40.
The meeting was reconvened at 9:55 P.M.
HEARING, CASE NO. Mayor Mertensotto called the meeting to order
90-02, KOEPKE for the purpose of a public hearing on an
application from Dr. Thomas Koepke for a
conditional use permit for an addition to the
Mendota Heights Animal Hospital.
Dr. Koepke reviewed plans for the proposed
addition for the Council and audience. He
informed Council that the exterior will be all
brick to match the original building and he
will work with City Engineering to place the
driveway wherever the engineering staff feels
Ayes: 5
Nays: 0
Page No. 2725
February 6 , 1990
it should go. He stated that the addition is
approximately 3,000 square feet (the original
building is 3,400 square feet), and it will be
used as a cat boarding facility. Heating and
air conditioning will be installed, and there
will be no noise problem.
Mr. Frank Pattee, architect for the project,
briefly explained the proposal, informing
Council that the construction materials will
exactly match the original building and that
the existing landscaping will be continued,
using mature trees.
Responding to a question from Mayor
Mertensotto about drainage, Dr. Koepke stated
that drainage will go across Freeway Road as
has been requested by City Engineering.
Councilmember Hartmann pointed out that one of
the Planning Commission's comments was that
the driveway should be moved easterly. He
felt this would create a worse problem,
particularly in winter, and asked whether it
is advisable to comply with this request.
Mr. Pattee responded that he agrees with
Councilmember Hartmann and feels that the
original location is better.
Councilmember Anderson pointed out that one of
the Commission's concerns is over future use
of the structure. He asked whether there is
any marketability if it ceases to be a
veterinary clinic.
Dr. Koepke responded that it is a single
purpose facility and that free-standing
veterinary clinics are structurally unique
inside. He further stated that it does not
appear that there is any difficulty in selling
practices just as they exist.
Mayor Mertensotto asked for questions and
comments from the audience.
There being no questions or comments,
Councilmember Cummins moved that the hearing
be closed.
Councilmember Blesener seconded the motion.
Councilmember Cummins moved adoption of
Resolution No. 90-05, "RESOLUTION APPROVING A
Page No. 2726
February 6 , 1990
CONDITIONAL USE PERMIT FOR MENDOTA HEIGHTS
ANIMAL HOSPITAL," the resolution condition two
being amended to move the driveway as far
easterly as possible subject to good
engineering design.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 90-01, Mr. Bruce Posthumus, 540 W. Annapolis, was
POSTHUMUS present to request approval of a 28.1 foot
front yard setback variance to allow
conversion of his existing attached flat-
roofed garage to living space and construction
of a second story on the garage. The garage
is 1.9 feet from the front property line.
Responding to a question from Councilmember
Blesener on neighborhood setbacks, Mr.
Posthumus stated that most of the homes are
centrally located on the lots but his home is
located in the southwest corner of the lot.
Councilmember Blesener expressed concern over
compatibility with the neighborhood. Mr.
Posthumus showed Council pictures of the home
and stated that he is trying to improve the
appearance of the house - the flat roof on the
garage is not very appealing. He informed
Council that he has the approval of the four
property owners on the south side of Fremont
and the owner of the lot to the west of his
house. He stated that it was agreed at the
Planning Commission that the City would
contact the property owner to the east.
Mayor Mertensotto informed Council that he has
spoken to the owners of this property and been
informed that they are moving out of state and
do not plan to attend this evening's meeting.
Councilmember Cummins moved to approve a 28.1
foot front yard setback variance for 540 West
Annapolis subject to the condition that the
structure being converted be used for
residential purposes only.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
GARRON FEASIBILITY Council acknowledged a feasibility report
update for proposed improvements to serve the
Garron corporation site located north of
Acacia Cemetery. Engineer Eckles reviewed the
report for Council, indicating that only
Page No. 2727
February 6 , 1990
changes to the report originally prepared five
years ago are cost updating and assessment
policy change recommendations. The original
report envisioned that all assessments be
funded by tax increment monies except the
assessment applicable to the Garron site.
Staff, however, is of the opinion that it
would be more appropriate to assess some of
the costs to the other affected property
owners and recommends that TIF be used only
for dedicated cemetery land and private land
that receives little benefit.
Councilmember Blesener stated that Council
does not want to order in a project until it
knows the developer's plans.
Mr. Steve Gage, representing Garron, suggested
that Council could conduct the public hearing
and approve the project subject to a start of
the development - no funds would be expended
nor would the project be started until his
firm has development plans ready to go.
Responding to a question from Mayor
Mertensotto, he informed Council that his firm
has already submitted a feasibility escrow as
is required.
Public Works Director Danielson informed
Council that although plans and specifications
were ordered five years ago, they were not
prepared. Council could order the project
after public hearing, but staff would not
begin work on project design until a
development proposal has been submitted by the
developer and approved by Council.
With respect to the proposed change in
assessment policy, Mr. Eckles informed Council
that the policy proposed five years ago may
have been recommend in order to expedite the
project. There have been changes in the area,
and the non-dedicated cemetery land will
receive benefit and other properties will be
made more desirable. All City utilities will
be extended to the two or three private
parcels at the corner of Pilot Knob and
Acacia.
Mayor Mertensotto asked whether the cemetery
will hook up to the water system. He felt
that if they are going to use a public
facility they should be assessed.
Page No. 2728
February 6 , 1990
Administrator Lawell responded that the City
can negotiate an assessment with the cemetery
representatives. Mayor Mertensotto suggested
that if the representatives object to an
assessment, a hook-up charge could be required
at such time as connection to the utilities is
made.
Councilmember Blesener moved adoption of
Resolution No. 90-06, "RESOLUTION ACCEPTING
ENGINEER'S REPORT AND CALLING FOR HEARING ON
PROPOSED SANITARY SEWER, WATER, STORM SEWER,
AND STREET IMPROVEMENTS TO SERVE THE GARRON
PROPERTY, (IMPROVEMENT NO. 84, PROJECT NO.
2),11 the hearing to be held on April 3rd.
Councilmember Hartmann seconded the motion.
Ayes: 5
Nays: 0
MSA STREETS Council acknowledged and discussed a report
from Engineer Eckles regarding additional MSA
street designation.
Councilmember Cummins felt that the difficulty
of the Wagon Wheel issue demonstrated a
shortcoming in the City's process in
designating MSA streets without hearings.
Mayor Mertensotto agreed that Council needs to
be more sensitive in the planning process for
improving MSA streets and should involve the
residents before spending considerable staff
time.
Councilmember Hartmann asked whether an
improvement can be done in conjunction with
the County as part of a turnback - the County
doing the equivalent of an overlay and the
City, using MSA funding, provide for increased
street width and other improvements.
Public Works Director Danielson responded that
Wagon Wheel was a County road and the County
had no interest in upgrading it. The City
could have used MSA to pay its 45% of the
upgrading cost if the County had been
interested.
Councilmember Blesener agreed with
Councilmember Hartmann's comments, stating
that the same issue will come up if Victoria
is designated MSA. She felt that if Council
insists that there be a much improved overlay
and that the street be in good condition
Page No. 2729
February 6 , 1990
before the City accepts a turn-back, the City
could use MSA contributions to do the
remainder of the upgrading at the same time.
Public Works Director Danielson was directed
to discuss this potential with the County.
Councilmember Cummins felt that some of the
suggested streets do not seem suitable for
widening to 44 feet, such as Decorah and
Emerson.
Councilmember Blesener suggested that perhaps
Council should consider the purposes of having
MSA roads and why the City receives the funds.
There are certain streets in the City that
need special attention because of the traffic
loads they carry.
Councilmember Anderson pointed out that other
than having to meet MSA standards, MSA
designation is not a negative. He asked
whether Council could designate the
recommended streets as MSA and then reassess
the designation at a later time, dropping the
designation if it is deemed appropriate.
Public Works Director Danielson responded that
this can and has been done in the past, but
only for good reason. The City begins drawing
MSA money when a street is so designated: if a
designation is changed, the state looks at
whether the City has drawn any money from its
funds.
Engineer Eckles informed Council that it does
not have to designate the total mileage this
evening, but suggested that Council select for
designation now one of the streets which might
be easy to justify and look at the other
possibilities next year.
Council discussed the possibility of
designating the Wachtler/Wentworth and
Lexington Avenue sections.
After further discussion, staff was directed
to report back with a different recommendation
and justify why the recommended streets should
be designated MSA.
CITY ACQUIRED PROPERTY Council acknowledged a report from Engineer
Eckles regarding the status of City acquired
properties. In his report, he had informed
Page No. 2730
February 6 , 1990
Council that Mr. Bill Otting had asked for an
extension of time to April 1st for site
restoration at 2141 Highway 55 because of the
frozen ground conditions. Mr. Mark Goldberg
has asked for an extension to March 1st for
the moving of the house at 1805 Delaware. He
also informed Council that a bid of $500 has
been received from Mr. John Winzig for the
purchase of the house located at 2143 Highway
55.
Mr. Winzig, present for the discussion, stated
that he would like to purchase the house and
move it to a lot he owns in Eagan. He stated
that he will meet all of the terms and
conditions contained in the house moving
agreement executed by the other individuals
who have purchased houses from the City. He
informed Council that he will submit a $500
cashiers check and $1,000 escrow, that he will
hire a professional mover to move the house
and that he will fill in the foundation as is
required.
Councilmember Blesener moved to accept the
offer of $500 from Mr. John Winzig for the
purchase of the house located at 2143 Highway
55 subject to his execution of a definitive
agreement with the City as prepared by the
City Attorney.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
Councilmember Hartmann moved to extend to
March 1st the agreement with Mark Goldberg for
the moving of the house at 1805 Delaware
Avenue and to extend to May 1st the agreements
with Mr. Goldberg and Mr. Otting as to site
restoration, with the condition that the
foundations be fenced during the time
intervening between the moving of the houses
and the filling of the foundations.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
REVENUE BONDS Council acknowledged a memo from Treasurer
Shaughnessy regarding a request from Lexington
Heights Associates for refinancing of its
Mortgage Revenue Bonds.
Councilmember Hartmann moved adoption of
Resolution No-07, "RESOLUTION ESTABLISHING A
DATE FOR A PUBLIC HEARING," calling for a
Page No. 2731
February 6 , 1990
hearing on March 6th for consideration of
refinancing of the Lexington Heights Apartment
revenue bonds.
Councilmember Cummins seconded the motion.
Ayes: 5
Nays: 0
APPRECIATION Councilmember Hartmann moved that Certificates
CERTIFICATES of Appreciation be signed,and presented to
former Parks and Recreation Commissioners Bev
Lachenmayer and Bill Owens in recognition of
their outstanding service to the City.
Councilmember Blesener seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS Councilmember Hartmann informed the Council
that he will not be present for the February
20th meeting.
ADJOURN There being no further business to come before
the Council, Councilmember Hartmann moved that
the meeting be adjourned.
Councilmember Cummins seconded the motion.
Ayes:
Nays: 0
TIME OF ADJOURNMENT: 11:02 o'clock P.M.
Kdthleen M. Swanson
City Clerk
ATTEST: Charles E. Mertensotto
Mayor
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
Blacktop License
J & W Asphalt
General Contractors Licenses
Albert Kastner & Sons, Inc.
B.T.L. Construction
Blue Ribbon Construction
Bream Builders
Enebak Construction Company
Irmiter Contractors & Builders
J.M.S. Equities, Inc.
MN Landmark Construction
North Star Services
Woodmaster Foundations, Inc.
Masonry Licenses
Creative Concrete
Gabrelcik Masonry
London Brick, Inc.
Northland Concrete &
Ostertag Cement
Simon Brothers Cement
Twin Cities Concrete
Masonry Co.
Company
Systems, Inc.
Excavating Licenses
Dawson, Inc.
Parenteau Excavating
Schulties Plumbing
T.A. Schmidt & Sons Excavating
Gas Piping Licenses
Genz-Ryan Plumbing & Heating Co.
Innovative Heating & Air, Inc.
Paragon Heating & A/C
Twin City Furnace Co., Inc.
Heating & Air Conditioning Licenses
Efficient Air Control Htg. & A/C, Inc.
Genz-Ryan Plumbing & Htg. Co.
Innovative Heating & Air, Inc.
Twin City Furnace Company
Plaster License
Donnelly Stucco
Rubbish Hauler License
Mendota Heights Rubbish