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1999-10-19 Council minutesPage No. 1 October 19, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF M[INNESOTA Minutes of the Regular Meeting Held Tuesday, October 19, 1999 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota 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 Dwyer, Krebsbach and Schneeman. Councilmember Huber had notified Council that he would be late and arrived at 7:50 p.m. PLEDGE OF ALLEGIANCE Members of Cub Scout Pack 39, Den 10, presented the flags of the United States and the State of Minnesota and lead the Council and audience in reciting the Pledge of Allegiance. AGENDA ADOPTION Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Dwyer seconded the motion. Ayes:4 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on September 21,1999. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the regular meeting held on October 5, 1999 as amended. Councilmember Dwyer seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move 5e., request to remove "Staghorn Sumac" from Copperfield Pond Park, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the Fire Department monthly report for September.. Page No. 2 October 19, 1999 b. Acknowledgment of a donation of $500 from the Mendota Heights Athletic Association, received as part of the General Fund, but earmarked for park security. c. Acknowledgment of a Recyclables Report from Dakota County. d. Acknowledgment and acceptance of a $1,000 donation from the Vasatka Goers VFW Post 6690 to the D.A.R.E. program. e. Authorization to refund a $350 conditional use permit application to Mr. David May (Case No. 99 -16), in recognition that Mr. May upgraded the exterior of his garage to stucco as Council had requested on June 1. f. Amendment of action taken on September 7, (Resolution No. 99- 60, Case No. 99 -31) to allow Mr. Gonzalo Martinez to substitute a 42 to 48 inch black chain link fence for the approved five foot wrought iron fence at 905 Nina Court. g. Authorization to replace the "roller slide" at Mendakota Park with a "Double Wave Poly" slide, along with acceptance of a price quotation of $1,828.00 from Earl F. Anderson for the replacement slide and authorization for staff to issue a purchase order to Earl F. Anderson. h. Authorization for the issuance of a purchase order to Treadway Graphics for $783.46 for D.A.R.E. supplies for the 1999 -2000 school year. i. Adoption of Resolution No. 99 -72, "RESOLUTION AMENDING ASSESSMENT ROLL FOR CHERRY HILL DRIVEWAY ASSESSMENT AMOUNT," conditioned upon receipt of an executed agreement relating to the reduced assessment by Mr. & Mrs. Larry Carpenter on or before November 4, 1999. j. Adoption of Resolution No. 99 -73, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CHERRY HILLS STREET RECONSTRUCTION (IMPROVEMENT NO. 99, PROJECT NO. 1)." k. Adoption of Resolution No. 99 -52, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT Page No. 3 October 19, 1999 [GrOWRI • 1. Approval of the list of contractor licenses dated October 19, 1999 m. Approval of the List of Claims dated October 19, 1999 and totaling $381,516.22. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 STAGHORN SUMAC Council acknowledged a memo from Parks Project Manager Guy Kullander in response to a request from Mr. Dave Stegink, 2285 Fieldstone Drive, that the city remove the dense growth areas of Staghorn Sumac from the Copperfield Pond Park along the existing gravel path. Council also acknowledged the Parks Commission recommendation that resident volunteers be allowed to selectively remove Sumac from the trail area, using hand tools, in order to protect young native trees. Councilmember Schneeman stated that she walked the area and it looks like some of the Sumac has already been taken out. She asked to what extent the city wants it removed, noting that she would hate to see a lot of people going into the scenic easement area. Mayor Mertensotto stated that the sumac propagates through the root system and that Mr. Kullander has informed Council that it must be controlled. He suggested that staff consult with the residents around the pond to see if they have any comments. Councilmember Dwyer stated that the sumac is on city property and it is creeping up on the path and against the oak trees and needs to be taken care of. He suggested leaving it up to the judgment of Mr. Kullander and the parks department to be reasonable in thinning the sumac. Councilmember Krebsbach moved to adopt the Parks and Recreation Commission recommendation regarding removal of the sumac. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS ACADEMY Mayor Mertensotto opened the meeting for the purpose of Page No. 4 October 19, 1999 FINANCING of a public hearing on a request from St. Thomas Academy for issuance of Industrial Development revenue bonds. Council acknowledged a related memo from Treasurer Shaughnessy along with a proposed resolution giving preliminary approval. Ayes: 5 Nays: 0 Mayor Mertensotto informed the audience that Council granted concept approval on October 5, and that St. Thomas Academy has been advised by its legal counsel that it qualifies for the financing. He then asked for questions and comments from the audience. Mr. Thomas Dolphin, Chairman of the St. Thomas Academy Board, stated that the Academy sent a letter to the city on October 15 agreeing to bond counsel and a hold harmless indemnification to the city for potential legal expenses. Mayor Mertensotto asked if the bond counsel has confirmed that St. Thomas Academy meets all statutory requirements. He also asked if any student in the metro area or the state could make application for enrollment to St. Thomas. Mr. Dolphin responded that any male student can apply to St. Thomas, and that students are not required to be Catholic. He informed Council that 25% of the student body is not Catholic. Mayor Mertensotto stated that if Council approves the request, it would be granting approval for a "non- profit" under the statute. Councilmember Dwyer stated that St. Thomas Academy discriminates on the basis of sex, and that is why he believes it is important that the city have an indemnity clause. There being no questions or comments from the audience, Councilmember Huber moved that the hearing be closed. Councilmember Dwyer seconded the motion. Councilmember Huber moved adoption of Resolution No. 99 -74, "RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF THE ST. THOMAS ACADEMY AND ITS FINANCING UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO HE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL; AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS," for an amount not to exceed $9.5 million. Page No. 5 October 19, 1999 Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 It was noted that other action relative to the St. Thomas Academy expansion project and financing will be taken at a later date. HEARING: BUSINESS Mayor Mertensotto opened the meeting for the purpose of a public SUBSIDY CRITERIA hearing on proposed Business Subsidy Criteria which can be applied to any form of business assistance. Council acknowledged the draft criteria along with a memo from Treasurer Shaughnessy. Treasurer Shaughnessy informed the audience that in order to approve a business subsidy, Council must first adopt subsidy criteria. Subsidy criteria can either be very open or very specific in its requirement. Staff is recommending open subsidy criteria based on state statute. He stated that many criteria have been adopted across the state and that many of them meet the minimum requirements and some are very specific. Councilmember Dwyer felt that Council will establish a precedent with the first action it takes to approve a subsidy. Mayor Mertensotto responded that it will still be on a case by case basis. Councilmember Schneeman felt that the proposed Business Subsidy Criteria is a good business plan. Treasurer Shaughnessy stated that after criteria are in place, Council must hold a public hearing on every application for subsidy. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Dwyer moved to close the hearing. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved adoption of Resolution No. 99 -75, "RESOLUTION ADOPTING BUSINESS SUBSIDY CRITERIA." Councilmember Schneeman seconded the motion. Ayes: 5 Nays:0 Page No. 6 October 19, 1999 Councilmember Dwyer stated that Council has adopted a broad general based policy that provides the flexibility to look at applications on a case by case basis and meets the statutory requirements that give cities the option of being very detailed or adopting a general outline. CASE NO. 99 -38, KOBRIN Council acknowledged an application from Dr. Jerry Kobrin for a seven foot side yard setback variance to allow construction of a garage addition at 1718 Sutton Lane. Council also acknowledged associated staff reports. Dr. Kobrin informed Council that he is present to request a variance so that he can construct a third stall on his garage. The addition would be within the 10 foot setback if he constructed the addition according to his current plan. As it is proposed, the addition would be eight feet from the property line to the back of the garage and three feet from the line at the forward part of the garage. He stated that while his request does not fit within the rigid guidelines of a hardship as defined, he has the full support of 360 degrees of neighbors and he has personal storage problems and needs storage space. The driveway has been in place for a long time. He then showed a site plan and photos of his property to Council and the audience. Councilmember Krebsbach asked how far the neighbor to the right is from his property line. Dr. Kobrin responded that the neighbor's home is 25 feet from the property line and pointed out that if he builds his garage, there will still be a 20 foot separation between his structure and his neighbor's. He stated that his home is shifted to the right side of the lot and he has more than 20 feet of distance between his home and the lot line on the left side. The neighbor is entitled to build to the ten foot setback, and if the variance were approved and the neighbor added to his house, there would only be 12 feet between the houses. Approval of the variance could limit the neighbor's ability to expand. He asked if the Planning Commission discussed alternatives. Dr. Kobrin responded that the Commission suggested he inquire changing the lot line but neither he nor his neighbor felt that they needed to explore that option at this time. He stated that the addition could go behind the house but two very large trees would Page No. 7 October 19, 1999 need to be removed and the lot slopes to the rear and he would have to build a large retaining wall in order to do it. Councilmember Krebsbach stated that there is a house that Bjorklund Construction worked with on Sutton Lane to put on a three car garage. She stated that Council has granted 5 foot variances but nothing deeper. Dr. Kobrin responded that if Council would find it advisable to grant a five foot variance, he would modify his proposal. Councilmember Dwyer pointed out that the City Planner has recommended denial and the Planning Commission voted unanimously against the request. If Council is to do anything tonight, he would agree with Councilmember Krebsbach that Council should be consistent with what has been done in the past rather than granting the full seven foot variance request. Councilmember Krebsbach noted that thee houses are shifted to the right of the lot and then, as one goes along Trail Road, there are a lot of two car garages and that is a problem. She recommended granting a five foot variance, recognizing that there is a lot of room to the right and his home is shifted to the right and Council has granted variances in the neighborhood in the past. Mayor Mertensotto asked what the basis for granting the variance would be. He stated that it cannot be because someone needs storage space, as that is not a valid basis for a variance. He pointed out that the Planning Commission recommended denial of the variance because there was no demonstrated hardship. He asked if the property was like it is when he purchased it. Dr. Kobrin responded that he built the house and when he built it, he was lead to believe there would be plenty of room to expand in the future. Mayor Mertensotto stated that the problem is that even though the neighbors agree, they may move and Council would have made a decision that would leave less than twenty feet between the houses. He stated that he would like to see where the precedent has been and suggested that staff prepare and present research to Council before any variance is granted. Page No. 8 October 19, 1999 Councilmember Krebsbach responded that she believes Council granted a variance in Dr. Kobrin's neighborhood, and that Council has granted many five foot variances in Friendly Hills. Mayor Mertensotto pointed out that the lots in Friendly Hills are not 100 feet wide. Responding to a Council question, Dr. Kobrin stated that he originally proposed a twelve foot expansion with a nine foot garage door and three feet on the side , but he can get an eight foot door and does not need exactly three feet of room on the side. Mayor Mertensotto most cars are about eight feet wide and an eight foot door would be worthless. He stated that he would like to see research before Council gets talked into assuming variances have been granted without being hardship cases. He pointed out that the Planning Commission and planning consultant recommended against the variance and stated that he would like to see the precedent that Council would be relying on. He stated that Council should give fair treatment to all applicants and suggested continuing the matter to the next Council meeting so that staff can do research to determine if variances have been granted without demonstrated hardship. Councilmember Krebsbach recommended looking at neighborhoods that were built at the same time as Dr. Kobrin's neighborhood, when people were building two -car garages. She noted that currently three cars are more common. She stated that Bjorklund Construction did come in for a variance for an addition to the garage on Sutton Lane. Councilmember Schneeman moved to table the matter to the next meeting and to direct staff to do research and prepare a report for Council. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 Staff was also directed to submit a copy of the report to Dr. Kobrin. TOWN CENTER UPDATE Council acknowledged an update on the Mendota Heights Town Center plan from Public Works Director Danielson, a traffic study prepared by SEH, and a letter from Mr. Ron Fussell, 530 Abbey Way. Mr. Ross Feffercorn, from RMF Entities, Ms. Carolyn Krall, from A Studio, and Mr. Glen Van Wormer, from SEH, were present for the discussion. Page No. 9 October 19, 1999 Mayor Mertensotto stated that what Council wants to do is clean up one of the worst corners left in the history of the city, dating back to 1950. The highway right -of -way on the northeast intersection of T.H. 110 /T.H. 149, is being used currently as a parking lot for utility vehicles and it is constantly being used as a staging area. The corner begs for redevelopment, and it is about time that Council do something. Council has spent a year just trying to come to some consensus on what type of development should be done. There has been some feedback that the density is to high, but a development with a lot of open space would not generate tax capacity to support the development. Council has not officially adopted the design but has worked for a year to develop criteria and has retained consultants, RMF Entities and A Studio, to develop a design. Mr. Feffercorn informed the audience that over the past year the consultants have been meeting with Council in workshop sessions to look at development possibilities for the site. Throughout 1999 at workshop sessions, Council considered the idea of a mixed use village scale development that would be compatible in scale with the city, with a transition from T.H. 110 to the residential neighborhoods. The goal was to try to demonstrate how to create a livable and walkable pedestrian friendly environment that the residents of the city could enjoy and to take into consideration linkages into the great trail system in the region so that people could fmd a sense of community in this environment. Council also wanted to explore various housing options, life -cycle housing including senior housing and townhomes for residents of the city who want to look at one -level living, and townhouses that would be attractive to young professionals, etc. All of this was taken into consideration along with green space. Council also wanted to consider the historical side of the site and also include, along with the trails, possible areas where there could be interpretive historical markers talking about the great history of Mendota Heights. They also wanted to always maintain that this had to be of a retail size that was sustainable and economically viable. Many solutions were discussed and many were discarded. Throughout the process, the Council and consultants looked at images of what this might look like architecturally and looked for successful examples of sustainable retail development with mixed use throughout the country. One that everyone liked very much was one of the oldest and best sustained retail developments in Lake Forest, Illinois. Ms. Krall presented the plan to Council and the audience. She described the result of the workshops, stating that Council and the consultants started with a retail commercial component and also Page No. 10 October 19, 1999 looked at a residential component. That was because one of the important aspects of the concept plan that was passed before she started the planning was that the development of the site fit in with the residential development around it and make a nice transition between those neighborhoods and the more commercial corner at T.H. 110 and Dodd Road. At the same time, it was very important that this corner be unique and that it not be another concentration of retail or parking lots at this corner, so it would have a feeling much like the sloping landscape green of the golf course. She then reviewed each of the components of the plan, including the Town Square, the Village Green and the residential development. She informed the audience that during research it was discovered that this is the site of the earliest recorded town hall in the area. Dodd Road has been a significant road throughout the history of Mendota and Mendota Heights. She stated that part of the Village Green is a kiosk that would inform people on the history of the community. She showed an aerial view of the site with the Town Center plan dropped onto it so that people could see the amount of green space that is proposed. She also showed photos of the Lake Forest development so that the audience could get an idea of what a town center concept looks like. The architecture of Mendota Heights Town Center is not designed yet, nor has the project been designed, but the imagery and characteristics and are of the like Lake Forest. She then showed photos of residential developments in other communities that are examples of what are envisioned, including home offices (hoffices). Responding to a question from Mayor Mertensotto, Mr. Feffercorn stated that the senior housing would market rate, probably in the $1,000 to $2,000 per month rental range. The rest of the housing would be market rate for sale, with the townhomes in the $300,000 range. Mayor Mertensotto stated that there has been a question raised about whether it is possible to move the senior housing building in because residents feel that the people who would live in the building would be looking into the existing homes. Councihnember Dwyer stated that neighbors have also commented that the view line from the residents is that they would be looking at a three story wall of apartments. Ms. Krali stated that the senior facility is actually at the low point on the site and she did not think there would be a problem for the existing homes. It was deliberately placed where it is because the Page No. 11 October 19, 1999 site is sloping down so dramatically that it can be set into the hillside and will not seem to pop up above anything else. She pointed out that only two homes would be affected and they sit up high. She informed the audience that the concept envisions 17 hoffices, 36 townhouses, 32 condominium flats and 60 senior apartments. The 145 total units would result in a density of about 8.4 to 8.5 units per acre and about 16% coverage. She estimated the population of the development would be about 220 to 250 persons. Mr. Feffercorn stated that he really feels that seniors want to be adjacent to transit, that they love to walk and want to be close to retail. He also felt that the senior housing element to be compatible adjacent use to the retail and will study the elevations and the sections of the site showing how it fits into the adjacent residential. The senior building will be very characteristic of the residential style, with pitched roofs with asphalt shingles and balconies and is not going to look like a commercial building. It would be residential in scale and detail. Mayor Mertensotto stated that he does not think that Council would want all of the senior housing to rent at $1.00 to $2.00 per square foot so that the entire building would fall into the $1,000 to $2,000 rental rate. He felt that Council should look at what is being done at South Plaza Drive where there are 65 units, with 25 at market rate and the remainder subsidized. He stated that Council does not want the facility to be exclusive because many residents might be taken out of the market. Administrator Batchelder stated that staff will contact the HRA to get information on housing rates for the South Plaza Drive facility. Mr. Van Wormer presented the results of the traffic study. He stated that traffic coming out of a development can be projected fairly accurately based on a number of national studies and local experience. The different types of uses will generate different levels of traffic. He estimated that the dwelling units would generate about 875 trips per day and that the retail component would generate about 3,700 trips per day, for a total of about 4,600. In perspective, a McDonald's Restaurant doing a noon and evening trade will generate up to 3,500 trips per day. A SuperAmerica in a good location can generate 2,000 to 2,500 trips per day. Three other measures should be considered when projecting traffic, including existing commercial uses. Those uses, if they were healthy and prosperous businesses, could be expected to generate about 3,000 trips per day. The current stores are generating something less, and Page No. 12 October 19, 1999 that lower volume was factored into the study. The retail component (Oasis and Tom Thumb) probably generates 2,000 to 2,500 trips per day. The real concern is peak hour traffic, not only from developments but also traffic on the road. When looking at the traffic existing development versus the proposed (during peak hours), an additional 145 trips would be generated in the morning, and about 400 above the existing trips in the evening (225 in and 175 out). Mr. Van Wormer stated that the retail component is primarily on the south end, so the heavier component would be oriented to the frontage road and then back to the intersection with Dodd Road and then down to T.H. 110. Mayor Mertensotto asked whether major changes would need to take place in the existing road system, specifically on Dodd Road and 110. Mr. Van Wormer responded that it is anticipated that the trips from the proposed development to the north would add about 680 new trips, but the existing businesses probably generate about 400 trips, so the net increase on Dodd Road to the north would be about 280 trips per day. The impact on Dodd to the north would be minimal. Traffic going into the neighborhood would mostly be generated in the neighborhood coming out to the retail area. Impact on the frontage road would about 380 to 400 trips per day. Most of the traffic would go to the intersection of T.H. 110/149 He did a capacity calculation of the existing intersection, and then removed the traffic that comes from the existing businesses and put in the new development and there is very little change on how the intersection would function. During the p.m. peak hours, there would be a minor increase in delay of traffic on the northbound and southbound approaches and changes the letter grade to Service D, with as the design element in the metropolitan area. It is currently an overall C and would continue to be an overall C with this development but some of the approaches would go to a D (the northbound/southbound through approaches). The existing lanes are adequate for this development to be added to the existing. Responding to a question from Councilmember Huber about the need for additional signals on Dodd at the city streets near the development, he estimated that at Dodd and Freeway Road during the p.m. peak hour the concept plan would generate about 110 left turns coming out. Existing traffic on Dodd Road during p.m. peak is about 500 northbound vehicles and about 400 southbound. The northbound traffic comes in platoons, with long gaps, and it is a matter of finding gaps southbound. Southbound comes through Page No. 13 October 19, 1999 _ almost metered because of the stop sign at Marie. With respect to people wanting to cross Dodd from the west into this neighborhood, there are less than 200 vehicles on Ridge now and about 250 on Hilltop and if they want to come across, they can take the same gaps southbound traffic would take. There will be some delays during the p.m. peak but not during the rest of the day. He did not envision that traffic signals would be needed. Councilmember Krebsbach stated that one of her interests is that this be community scale and that Dodd not be widened. Mr. Van Wormer responded that he would suggest that Dodd be widened to create a left turn lane southbound at the frontage road (Ridge Place) that could quickly be dropped, but there is no need to provide any additional through lanes. Councilmember Krebsbach stated that one of the earlier presentations indicated that a lot of the traffic is already moving through this area and may come into the development to the coffee shop, etc. She was concerned also about all of Dodd going north, that traffic wanting to come to the development would not result in the need to widen the street. Mr. Van Wormer responded that he is fairly comfortable that most of the traffic would come into the development from the intersection and then go back to the intersection. Also responding to a question from Councilmember Krebsbach, the hoffices do not generate a lot of outside traffic because it is primarily a place to work. Home offices have limited parking because they have limited demand for people to come to them. Councilmember Krebsbach stated that if there is transit, if the bus comes by the arbor, where would the cars park. She asked if it anticipated that people would be walking to it, and stated that Council does not want this to be a park and ride situation. Mr. Feffercorn responded that it will be more under the designation kiss and ride, where people are dropped off, rather than park and ride, where people would leave their cars all day. The idea is that where there are adjacent uses, it will be a pick up and drop off designation. Someone dropped off could stop off at the coffee shop or bakery or restaurant. Page No. 14 October 19, 1999 Ms. Krall stated that there are actually two potential locations, one at the arbor and one across the street from the senior housing, which would be an easy place for drop -off. Mayor Mertensotto informed the audience that Council asked for the traffic study so that Council did not find it got involved in a program that would create a mess for the intersection. Mr. Van Wormer alleviated the concern that the density of the development as proposed will not cause traffic to increase to the point where extra traffic lanes or reconstruction would be envisioned. Mr. Van Wormer stated that even if it were not for this development there is open land and development of that land will generate traffic With the existing potential for 3,000 trips per day, all that would be needed from some other development would be 1,600 trips coming out of a fairly big space to reach the level of traffic anticipated under the concept plan. Also, there are currently five commercial driveways and three intersections and those would be combined into just two intersections, which would make the roadway itself operate better. Responding to a question from Mayor Mertensotto regarding time constraints (because of the inability to use TIF after the end of the year), Mr. Feffercorn stated that the next step in the process is public open houses. He suggested either November 16, 18 or 22 for a casual open house. Mayor Mertensotto suggested spreading it over two dates so that as many people can come as possible. He pointed out that it would be informal, and people could ask whatever questions about the proposed design that they like and also could express their concerns. Mr. Feffercom responded that open houses could be held on November 15 and 16 from 4:00 until 7:30 p.m. He informed Council that he will be meeting with the consulting surveyors this Thursday. Appraisals are in process, and he will soon be meeting with existing business owners and 3 dimensional type drawings be created for the open houses. Mayor Mertensotto stated that the city has received another letter from someone supporting the proposal. Administrator Batchelder responded that attached to the packet was a letter from Mr. Ron Fussel who had written Council indicating his - support for the need to address this corner. Mr. Fussel indicated that Page No. 15 October 19, 1999 he thinks the proposal is a good idea and wanted to go on record as l supporting it. Also, Mr. Steve Krauss, 662 Sutcliff Circle, a 21 year record called City Hall to express his support for the concept plan. He believes it is an asset to the city and that the city needs to addr ess the corner. He specifically asked Administrator Batchelder that he note his comments for the meeting as he is unable to attend the meeting. Mayor Mertensotto invited residents to submit their written comments or concerns. Mr. Tom Norman asked that the issue be tabled for two months so that the residents can review the concept and assimilate the facts and make a proper presentation. He expressed some of his concerns to Council. Mayor Mertensotto asked Mr. Norman to write down all of his concerns and questions so that they can be addressed by the consultants. He also invited Mr. Norman to review the file so that he can get all of the information on the concept plan that he would like. Councilmember Huber stated that this is a concept and there are no specific drawings yet. Council had a concept in mind and wants to have a fair amount of architectural detail, but the process has not gotten there yet. Council wants a development that is unique and will work well with the existing neighborhood community, but does not have exact elevations of the buildings, etc. He stated that Council would not go that far at this stage of the process, but can say that this is not a strip mall. Mayor Mertensotto invited the residents to attend the open houses. Administrator Batchelder stated that the open houses are intended to be much less formal than tonight's meeting. It will provide an opportunity for people to walk around the room and see the exhibits and address questions and comments to staff and the consultants. It is intended to be a much less formal opportunity for people to become informed, ask questions and submit written or oral comments to the city if they desire. Mr. Dan Wills, South Freeway Road, asked why the existing neighborhoods are being asked to accept a high density neighborhood in their back yards when it was not zoned that way. The concept given to the consultants to develop was set forth by Council. He stated that he has wonderful views from his property Page No. 16 October 19, 1999 now, and that he understands that the city is probably under a lot of pressure to create a lot of multiple housing in a small area but this is a sham, a high density housing project. Mayor Mertensotto responded that this is the last eyesore (site) in the city. If the property is to be developed, it must be under common ownership and the only way their could be a plan would be for either the city or a developer to take over the entire site. In this case, Council decided that if it could agree to an overall design, Council would look at it. This is not open land, and therefore there is extra cost that would not be involved if it were open farm land. Mr. Wills stated that he understands that it will someday develop and that progress will take its toll, but the neighbors do not want high density in their neighborhood. Mendota Heights is a well planned community that has not made the same mistakes as other communities. He asked Council to entertain thoughts of single family. He did not understand why the existing businesses need to be bought out. Councilmember Krebsbach informed Mr. Wills that some of the housing near the existing neighborhood will be townhouses and that Council did ask that the condominium housing near the neighboring houses be designed to look like large two -story single family homes. The most consistent concern that has been expressed has been over the three story senior facility. Responding to the question about why Council is not proposing all single family, Mayor Mertensotto stated that no one would want to buy a single family house next to the existing business uses. He also stated that the city has not had any pressure from the state for high density uses in Mendota Heights. Councilmember Huber stated that the density of the project is not much different from other developments in the community, such as the townhouses at Maple Park Drive and Sylvandale. In Council's workshops, Council looked at the density of the other townhouse developments in the city. Mayor Mertensotto stated that Council is proposing this concept because there is no way, economically. No developer would buy the land develop it as single family. There have been proposals to develop the property, including a 900 unit apartment development. Page No. 17 October 19, 1999 Mayor Mertensotto stated that Council could not take any more questions because there is so much of the agenda remaining. He invited the residents to attend the open houses and to ask any questions they wish. He stated that residents are always welcome to send written comments to Council and Council will consider them. If there is no community support for the concept plan, Council could very well drop it, but Council would then be open to criticism for leaving it the way it is. Mr. Feffercorn stated informed the audience that the original intent for the right -of -way was the Freeway Road would be the base of a bridge that crossed T.H. 110 as a realignment of Dodd. The neighbors' view would have been a concrete bridge abutment. He stated that this is certainly a more residential scale than what was planned to occur for many years. The land is currently zoned retail and it could be developed as big box retail, like Kmart, Wal -Mart, etc. All things considered, he thought that the Town Center concept is a very gracious development of a site that had been going in a different direction for many years. Mr. Brian Birch wanted it to be on record that although he had his hand raised he was not acknowledged. MENDOTA MEADOWS Council acknowledged memos from Public Works Director Danielson regarding the Mendota Meadows landscaping issue. Council also acknowledged a letter from Mr. Mathern's legal counsel, David Hellmuth, a letter from Mr. Al Mayer, 813 Monet Court and a letter from Ms. Judi Cameron and Ms. Lee Ann Hartert, 834 Monet Court. Mr. Mathern, Mr. Hellmuth and several property owners were present for the discussion. Mr. Hellmuth stated that at the last discussion, Mr. Mathern did not agree that all of the items were his responsibility but he did agree to do them. He has had a landscaper working on every item continuously for the last sixty days. He stated that basically everything was completed and then there was a final inspection with Mr. Danielson, Mr. Mathern and four owners. He further stated that everyone at the final inspection met right after the sixty day period and everyone decided everything is done and Mr. Danielson was going to report to that effect. Mr. Mathern's position is that Mendota Homes has done everything required with regard to the landscaping and the contract for development and is asking for the letter of credit to be released. Page No. 18 October 19, 1999 Mayor Mertensotto responded that one item that Mr. Mathern agreed l to was 788 Monet Court, next to the conservation easement, just south of the pond. He stated that there is a slope on the site that was substantially eroded after it was put in place. Mayor Mertensotto informed Mr. Mathern that he visited the property this morning and there is no question in his judgment that there is obviously a drainage path that has cleared. At the center of the cul de sac, where the water is draining off, there is a tree that is tipped. There is some grass on the slope but the rest of the slope is thistle with no underlying vegetation. The sidewalk at both 788 Monet and the home Margaret Mansur owned is tilted and it is generally questionable whether the slope is stable or if it will give way. Mayor Mertensotto stated that he does not know what Mr. Mathern's soils engineers are telling him that needs to be done to stabilize the slope. He stated that he can appreciate the claims of the people who are concerned about the maintenance being turned over to the association. They are concerned that this problem was part of the list and has not been resolved. They are concerned that the city is now going to return the letter of credit, with a recommendation that the court will settle the issue, and Mr. Mathern will turn the association over to the homeowners and they will have to deal with the problem. He felt the homeowners have a legitimate complaint and concern. He pointed out that it has been established that there are unstable soil conditions and there should be some measures taken, perhaps not a full a retaining wall but perhaps staggered treated timbers to stabilize the slope so that it does not erode. Some of the trees in the conservation area have tilted to the west, which means that the soil underneath is pushing on the root structure. He again stated that he feels the home owners have a legitimate concern and although they do not control the homeowners association, the association could bring the city into a lawsuit. He stated that he would like to see a soil engineer tell the city what needs to be done to stabilize the slope. The homeowners association does not want to take on that liability. He felt that the city owes it to them, since the city approved the grading and drainage plans, to see that the unstable bank condition be resolved. He further stated that he hopes that through the mediation something gets done. Mr. Mathern responded that there is on -going litigation to resolve that. We asked, when the homeowner brought the claim, that the claim be with Mendota Homes and not the association, but the association was included. He stated that the plans he submitted to Page No. 19 October 19, 1999 the city indicated that it was always going to be a steep bank. The 1 only difference between what was done and what Mendota Homes wanted to do was to let the bank go back to its natural condition. Mendota Homes suggested that it not be mowed so that it would revegetate itself in its natural condition to stabilize it. There was some instability in the beginning because Mendota Homes sodded the area instead of seeding and matting it. When it was sodded, significant water got under the sod and took the sod away and the granular fill as well. They have gone back two and three times and have watched it all this year and last year and it has not denigrated. Responding to a question about a tilted air conditioning unit, he stated that sometimes they settle where a basement has been dug and they can be resettled and they stay stable. He stated that on the final inspection he asked if there were any other items and this issue did not come. Mayor Mertensotto responded that it was addressed because staff said that would be resolved as part of the lawsuit. Mr. Mathern responded that this is an on -going litigation and it should be left to the mediator who has been appointed. Mayor Mertensotto stated that the homeowners do not want the homeowners association to be responsible for this pre - existing issue after Mr. Mathern turns the association over to them. He read the recommendation of staff. Mr. Mathern responded that Mendota Homes asked the litigant to remove the association from the complaint. Mendota Homes voluntarily agreed to run the association until the litigation was resolved. Mayor Mertensotto stated that resolution of the problems and three years overdue and the city should never have been in the position to continually call Mr. Mathern in to resolve the problems and then finally threaten to do the work if it was not done in 60 days. The homeowners do not want to have to address the liability of the unstable slope. Two engineers have said there is a gradual lessening of the slope. Councilmember Dwyer asked the cost estimated to fix the problem. A lady in the audience responded that the estimate is $48,000. Mr. Mathern responded that his position is that a fix is not needed and he hired a senior engineer to review that. If he thought that issue Page No. 20 October 19, 1999 was on line for the letter of credit, he would have addressed it more intensely in the last 60 days, but it was not an issue for him. Councilmember Dwyer suggested releasing everything but $48,000. Acting City Attorney Jim Dierking stated that he does not know why a letter of credit for $48,000 could not be substituted if the mechanics of releasing everything but $48,000 do not work. Mayor Mertensotto stated that Council will study the matter of release of the letter of credit and see if the issue can be resolved to protect the members of the homeowners association. He stated that he would like a report from a soils engineer about whether the toe of the slope is unstable. Councilmember Dwyer did not think a soils report is necessary since binding arbitration would give a definitive decision and result. Councilmember Huber pointed out that if Mr. Mathern prevails, the issue is done, and if the homeowner prevails, he will be bound to implement the relief that the arbitrator assigns. j Mr. Hellmuth stated that the problem he has is that if the litigant is successful on her claim for construction defects, the City Council is not involved in that litigation. That has been referred by the court to binding arbitration. With regard to the letter of credit, Mr. Mathern did everything on the list and this item came up later because Ms. Schanno contacted the city to do everything she could to supplement her litigation efforts. Councilmember Krebsbach asked how the letter of credit relates to this. Mayor Mertensotto stated that there is some overlapping interpretation. The developers agreements speaks to landscaping, grading and erosion control but the letter of credit refers to paragraph 13 of the developers agreement. He stated that he thinks what Mr. Hellmuth is saying that even though the homeowner would prevail, can she expect the city to use the letter of credit against Mendota Homes. He informed Mr. Mathern that all he is trying to do is resolve the issue for the homeowners association so they do not think the city abandoned them. He suggested holding firm for another three weeks until the matter is resolved through mediation. Council will certainly give Mr. Mathern fair consideration at that time. He pointed out that the matter was on the list and was discussed the last Page No. 21 October 19, 1999 time Mr. Mathern was before Council — if it was not included, it certainly was intended to be included. Mr. Hellmuth informed Council that the decision could take a lengthy period of time because the arbitrator is leaving for Europe shortly after the arbitration is scheduled. Councilmember Huber agreed with the Mayor in that he is happy that the other items fixed. The fact is that the reason the city is sitting on the letter of credit after three years is more Mr. Mathern than the city and he had no problem with retaining the letter of credit for another 60 days. His only concern is that if Ms. Schanno loses, she may come after the city. Mayor Mertensotto stated that there is no way the city could become a part of this lawsuit and that he is just reacting to the concerns of the homeowners. This is a problem that must be resolved before the homeowners take over, and he will fight for their interests. Councilmember Dwyer responded that Council must also honor the agreement it has with the contractor and must balance both interests. Mayor Mertensotto recommended continuing the matter until the arbitration proceedings are complete. Mr. Mathern agreed to the continuation. CENTRE POINTE OFFICE Council acknowledged a memo from Treasurer in response to a PARK request from Roseville Properties for tax increment assistance for site soil corrections on Lots 2,3 and 4, Center Pointe Addition. Council also acknowledged associated letters from Roseville Properties. Mr. Hugh Cullen was present on behalf of Roseville Properties. Treasurer Shaughnessy informed Council that the TIF takes a three- fold approach. Mr. Cullen has completed the soil correction on Lot 2 (for which a foundation permit has been issued) and qualified costs for TIF would be about $166,000. The second phase of the request is for Lot 3 which has also had soil correction work recently. Since any building on the lot would have one year less of taxes to pay, he calculates only $150,000 in taxes would come back to the city. Mr. Cullen had requested $261,200 in TIF. The third part of the request is for TIF assistance for installation of a storm sewer line to drain Lots 4 and 5 into the storm water retention pond. Most storm sewer work of this nature have been considered a district wide expense and Page No. 22 October 19, 1999 has been undertaken at city expense. The cost estimate for the storm sewer work is $37,500. Mr. Shaughnessy stated that the building on Lot 2 will have an estimated value of $2.5 million. The building for Lot 3 will be almost identical and will be valued between $2.25 and $2.5 million. The request for TIF fits in with the city's criteria. A public hearing must be conducted. Mayor Mertensotto stated that he spoke to Mary Ippel today with respect to the staff recommendation, and her recommendation was that if Council directs staff to prepare a TIF agreement, the agreement would have to take the form that the city would have to pay the TIF to Roseville Properties before the end of the calendar year. The payment would either have to be through an escrow agent or directly to the applicant. The agreement must stipulate that the work for which tax relief has been granted must be completed within a specified time limit. If Roseville Properties does not complete the work or only completes a portion of the work, it would have to return the TIF to the city. Treasurer Shaughnessy responded that most of the work has already been done. Only the storm sewer work remains. He stated that the hearing could be held on November 2 and a draft of the agreement can be completed for consideration on that date. Mayor Mertensotto stated that the agreement must be structured in such a manner that Mr. Cullen gives the city a date certain for completion of the work because he must agree with the city that if the work is not completed by that date he must refund the money. Responding to a question from Councilmember Krebsbach, about the difference between the TIF request of $261,200 for Lot 2 and the net tax (TIF maximum) return of $166,000, Treasurer Shaughnessy stated that the city has always projected the net value of the future taxes on a building as the most the city would grant on a building. Councilmember Dwyer moved to authorizing a public hearing on November 2 on the Roseville Properties business subsidy request and direct staff to prepare a developers agreement for consideration at that meeting. Councilmember Schneeman seconded the motion. Ayes: 5 Nays:0 Page No. 23 October 19, 1999 MAYFLOWER TIF Council acknowledged a memo from Treasurer Shaughnessy regarding a request from Mayflower Distributing for TIF (business subsidy). Mr. Dave Libra was present on behalf of Mayflower. Mayor Mertensotto stated that he spoke with Mr. Libra today and has an understanding of what is being requested but that staff will need to work with Mayflower to determine what items meet the criteria. He stated that the city would assist with the cost of permanent pigmentation in the tilt up panels, more architectural detail, berming, the NURF pond and air noise attenuation. Staff can tell the applicants what will qualify. There must be an agreement from Mayflower that it will complete the work covered by the agreement by a date certain and will refund to the city any portion of the subsidy amount attributable to non - completed work covered by the agreement. The agreement will also require that the subsidy will be transferred to an escrow agent. The work must be certified complete by the date certain or a refund of the study must be made to the city Mr. Libra responded that he understands that city staff is recommending a subsidy amount not to exceed $145,000. He stated that a full building permit has not been issued but a footing and foundation permit has been issued. Since the full permit has not been issued, some enhancements and modifications can still be made to the building consistent with the TIF agreement. He stated that Mayflower's consultants have said that impregnated tilt up panels are not as good as painted panels but they will work with city staff on that issue. Councilmember Schneeman recalled that during the last discussion on the issue, Council was informed by Mr. Rancone (from Roseville Properties) that they have had a lot of experience with painting and it works better now than it used to. Councilmember Dwyer stated that the permit Council approved included paint. Mayor Mertensotto informed Mr. Libra that paint would not qualify for assistance. Councilmember Dwyer moved to conduct a business subsidy hearing for Mayflower Distributing on November 2, 1999 and to direct staff to prepare a draft developers agreement. Councilmember Schneeman seconded the motion. Ayes: 5 Page No. 24 October 19, 1999 Nays: 0 FERRIS INCENTIVES Council acknowledged a memo from Treasurer Shaughnessy regarding a request from Ferris Incentives for a business subsidy to assist in the cost of soil corrections in connection with construction of an 6,000 square foot office building on the corner of Northland Drive and Mendota Heights Road. Council also acknowledged a letter of request from Ferris Incentives. Mr. Mark Kasnierek from Halman Architects, was present for the discussion. Mr. Kasnierek informed Council that Ferris is planning to construct a 6,000 square foot office building on Northland Drive, next to TAJ Technologies. He reviewed the site plan for Council and stated that the building will be similar in style to TAJ. and will be rock faced wainscot integral color block of earth tone variations. There will be a stucco finish on the building, it will have pre - finished metal fascia, and there will be fixed glass because the structure will be in the flight zone. The gabled pitched roof at the entrance is because there will be a higher atrium space as one comes into the reception area to accentuate the entrance. That roof is a roof truss system and is a design detail. There will be no storage space above. There is adequate space on the property for the expansion area projected on the site plan. There will be no inventory stored in the building, and 2,000 square feet of the building will be rented out. Treasurer Shaughnessy informed Council that the allowable on future taxes will be $60,000 plus $29,500 for the underground storm sewer that the city is requiring. Mayor Mertensotto stated that the TIF will be dependent on the tax return and qualified expenses. The TIF would need to be held in escrow by an escrow agent until the work is completed, and if the work is not completed by a date certain, Ferris Incentives would have to return the subsidy to the city. Public Works Director Danielson informed Council that the City Planner has reviewed the plan for zoning issues and her report (included in the agenda) indicates that it does comply. City engineering reviewed the drainage plan and that is where staff came up with the idea to extend the storm sewer pipe that currently outlets on the property, goes through the property, and is badly eroded. Councilmember Schneeman moved to authorize issuance of a building permit consistent with the application and drawings on file with the city and subject to review and approval by the Code Page No. 25 October 19, 1999 Enforcement Officer for compliance with all code requirements and city engineering approval of the drainage system. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to schedule a public hearing on the request for business subsidy for November 2 and to direct staff to prepare a draft developers agreement. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 LEXINGTON TRAIL Council acknowledged a memo from Public Works Director Danielson updating Council on the status of the Lexington Avenue Trail. Public Works Director Danielson reviewed his memo and discussed with Council the five available options delineated in the memo. Mayor Mertensotto stated that Council will probably have to wait for the section between Tom Thumb and Wagon Wheel until the county upgrades Lexington Avenue. In the meantime, he felt that option 3, to build the trail on the east side of Lexington between Mendota Heights Road and Wagon Wheel, is the best option. Park Commission member Larry Craighead stated he speaks on behalf of the commission rather than as an individual. The commission has been looking at the comprehensive plan upgrade, as has Council, and it shows many segments of trail that start and stop. There are many areas of the city that are not easily accessible by bike or walking, Lexington is one that is the commission's first priority for improvement (the entire length). He stated that traffic on the south side of the intersection has increased 70% since 1991 and the commission has discussed many times that something should be done on Lexington. The commission has voted seven times in the past several months to construct a Lexington Avenue trail and believes it should be considered a high priority to have a trail all along Lexington, in view of more traffic and the proposed public housing on South Lexington. Also, washouts have had to be filled in twice along Lexington this summer. He stated that one of the commissioners interviewed people after the July 20 meeting and the fellow with the concerned house made some suggestions that he could compromise on the issues. He felt that the city should go back and address the issues because the Park Commission feels that the general public of the city strongly encourages recreation and walking Page No. 26 October 19, 1999 paths and the greater community believes that this would be an ideal pathway to complete between 110 and Mendota Heights Road and the whole community supports it even though there are some home owners who are concerned.. Mayor Mertensotto stated that it is obvious that Mr. Craig head supports option one but option 3 is a better alternative than getting into a free for all with the property owners. He suggested that the city invite the 18 or 19 property owners to come to the next commission meeting to discuss the necessity for the trail and let them know that Council is not going to do battle with the owners and get them upset if they don't want the trail. The Commission could let them know that Council would exercise the next best option (3) and the issue would be raised again when the County improves Lexington. Then the commission would fmd out if the homeowners are willing to cooperate. If they are, the commission can give Council the results. Otherwise, Council does not want to take on that many homeowners who object to the trail. Mr. Craighead stated that there was a discussion like that on July 20 and the homeowners along that stretch at that meeting were concerned that they did not want the trail Mayor Mertensotto stated that the commission should decide when it would like to meet with the property owners, either at a regular or special meeting, and then direct Assistant Hollister to put together a list of the owners of property along Lexington. Councilmember Dwyer stated that 95% of the property owners object to the proposed trail and they were uniformly opposed to it on July 20. Mayor Mertensotto stated that if Council is going to do anything, Option 3 is the best way to proceed. Councilmember Krebsbach stated that she supports Option 3. Her only concern would be putting more people on this trail and then have them continue walking on Lexington walking in the ditch. Responding to a question from Mr. Craighead about whether the shoulders can be widened, Mayor Mertensotto stated that would create another situation like the one on Dodd Road. He pointed out that Lexington has a 40 mph limit and it is very wide and there is little margin for error. Page No. 27 October 19, 1999 BRIDGE BEAUTIFICATION Council acknowledged a letter from MnDot inviting the city to appoint two representatives to serve on the Lexington Avenue Bridge Aesthetics Committee, along with an associated memo from Public Works Director Danielson. Mayor Mertensotto recommended that Dakota County Commissioner Patrice Bataglia and Mr. Art Werthauser, a bridge designer, be appointed to be the city's representatives on the committee. He stated that both candidates are willing to serve. Councilmember Schneeman indicted that she would like to attend some of the meetings and would be interested on serving on the committee but believes the two individuals who were recommended are excellent candidates. Councilmember Dwyer moved to appoint Patrice Bataglia and Art Werthauser to serve on the Lexington Avenue Bridge Aesthetics Committee. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 DELAWARE /T.H. 110 Council acknowledged a memo from Public Works Director TRAFFIC SIGNALS Danielson regarding Delaware Avenue /T.H. 110 traffic signal operations. Mayor Mertensotto felt that Council should insist on a 45 mile per hour speed limit on T.H. 110 from Mendota Road to the Mendota Bridge. Councilmember Krebsbach agreed, stating that traffic travels at speeds well over 50 mph. She stated that she would like to see T.H. 110 turned into a boulevard. She also felt that right turns from T.H. 13 (coming out of Mendota) onto T.H. 110 should be banned because traffic moves so fast. Councilmember Huber stated that he cannot see reducing the speed limit to 45 and would be surprised if the highway was not designed for speeds higher than 45 mph. He did not want to put the city in a position where it creates a law that would be unenforceable. Mayor Mertensotto responded that there are so many connecting points and so much traffic that accidents have increased. Page No. 28 October 19, 1999 Councilmember Huber stated that the accident at the intersection two weeks ago was not caused by speed. Councilmember Dwyer stated that two young people who were injured in that very serious traffic accident at the intersection of Delaware and T.H. 110 are doing better. He agreed that the accident was not caused by speed but rather by the difficulties in making very tricky turns onto T.H. 110. He stated that he would like Council to request MnDot to consider putting in left hand turn signals and the appropriate lanes for left hand turns and restrict the intersection like T.H. 110 /T.H. 149. He pointed out that there is considerable north/south traffic on Delaware trying to go east/west on T.H. 110. Council should do what it can to lean on MnDot and the county and do whatever it can to influence Dakota County to make safety improvements at the intersection. Councilmember Krebsbach agreed, stating that it is time that Council bring this issue forward and get some results. She thought that perhaps there should be a task force of Copperfield area residents, a Sibley High School representatives and people from Sunfish Lake to keep a focus on the issue. She also felt that right turns should not be allowed on a red light at T.H. 110/13. Traffic is moving so fast, one cannot get up to speed as it tunnels in to the Mendota Bridge she was concerned that there will be serious traffic accidents at the intersection. Councilmember Dwyer moved to direct Public Works Director Danielson to send a letter to Dakota County to request the Commissioner of Highways, with a copy to the County Engineer, to direct the installation of left hand turn signals for movements at Delaware and T.H. 110. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 SAFETY ISSUES Council acknowledged a memo from Public Works Director Danielson regarding the recent OSHA inspection and the need for safety training. Mayor Mertensotto stated that his only concern about retaining Safe Assure to provide training services is the up front payment in full of $5,428. It is not the city's policy to make up front payments. He stated that there should instead be a down payment and monthly billing with a maximum of $5,428 over a twelve month period. This Ayes: 5 Nays: 0 Page No. 29 October 19, 1999 would allow the city to evaluate the service and terminate it, if desired, without loss of the full fee. After brief discussion Councilmember Dwyer moved to present a counter offer to Safe Assure for a maximum of $5,000 with $1,000 down and the remainder billed monthly, with a 30 day cancellation provision. Councilmember Krebsbach seconded the motion. MEETING START TIME Council acknowledged a memo from the City Clerk informing Council of the need to delay the starting time of the November 2 meeting to 8:00 p.m. because District 197 is conducting its School Board election until 8:00 p.m. State statutes restrict public bodies from conducting meetings during the hours of an election. Ayes: 5 Nays: 0 Councilmember Dwyer moved to reschedule the start time of the November 2 meeting to 8:00 p.m. Councilmember Schneeman seconded the motion. COUNCIL COMMENTS Mayor Mertensotto informed Council that Administrator Batchelder is going to attempt to set up a meeting with Mary Ippel and Treasurer Shaughnessy to discuss TIF use for Town Center area land acquisitions. Councilmember Huber gave Council an update on the cable franchise renewal process. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:12 p.m. Kadileen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor