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1999-11-02 Council minutesPage No. 1 November 2, 1999 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 2, 1999 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Dwyer, Huber, Krebsbach and Schneeman. AGENDA ADOPTION Councilmember Dwyer moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held on October 19, 1999. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Dwyer moved approval of the consent calendar for the meeting, revised to move item e, resolution calling for hearing on 2000 street improvements, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the October 26, 1999 Planning Commission meeting. b. Acknowledgment of the Treasurer's monthly report for September. c. Acknowledgment of the Building Activity Report for October. d. Acknowledgment of a memo from Treasurer Shaughnessy regarding the annual insurance premium. e. Adoption of Resolution No. 99 -77, "RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COM[M[UNITIES ACT." Page No. 2 November 2, 1999 f. Approval of the list of contractor licenses dated November 2, 1999 g. Approval of the List of Claims dated November 2, 1999 and totaling $89,941.29. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 STREET PROJECTS Council acknowledged a feasibility report on proposed 2000 street projects. Councilmember Krebsbach asked about the comments in the report regarding easements in lieu of assessments for St. Thomas and Visitation. Engineer Mogan responded that the issue of assessments versus benefits is a difficult issue and he presented a proposal for easements in lieu of assessments as an option for an equitable distribution of cost versus benefits. The city will need some additional right -of -way, and the streets are not in the center of the right -of -way now. It is a question of whether the city wants to construct them where they should be. To place the streets in the center of the right -of -way, the city will need to acquire additional land, and he would approach St. Thomas about granting easements, and he felt that easements in lieu of assessments would be a good approach to take. He stated that the comments in the feasibility study were included for discussion only. Mayor Mertensotto stated that the additional right -of -way would be for Lake Drive, and it appears that the fence and slopes on the Visitation property line would have to be moved. He directed Mr. Mogan to notify the two school ahead of time that there is a concern and there should be some discussion. Councilmember Dwyer stated that Council is not making any decision now but easements in lieu of assessments may be one of the recommendations that will come up for discussion. Councilmember Schneeman moved adoption of Resolution No. 99- 76, " "RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC BEARING FOR STREET IMPROVEMENTS TO SERVE THE AREAS Page No. 3 November 2, 1999 REFERRED TO AS DELAWARE CROSSING, IVY FALLS, ROGERS LAKE AND SURROUNDING AREAS." Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 BID AWARDS Council acknowledged memos from Guy Kullander regarding bids received for demolition and site restoration at 2401 South Lexington and for tree, brush and stump removal at the site. Mayor Mertensotto informed the audience that the city will be taking possession of the property on November 10 and there is a structure on the property to demolish along with site restoration that must be done. Councilmember Schneeman moved to award the contract for demolition and site restoration at 2401 South Lexington Avenue to Veit and Company, Inc., for its low bid of $7,100, and to award the . bid for tree, brush and stump removal to Quality Brush and Stump Removal for its low bid of $2,662.50, the costs to be paid through TIF. Councilmember Dwyer seconded the motion. Ayes: 5 Nays: 0 HEARING: ROSEVILLE Mayor Mertensotto opened the meeting for the purpose of a public PROPERTIES BUSINESS hearing on a request from Roseville Properties for tax increment SUBSIDY assistance for soil correction and storm sewer costs for lots located in the Centre Pointe South development. Council acknowledged a memo from Treasurer Shaughnessy, letters from Roseville Properties, and a proposed Contract for Private Development. Mr. Hugh Cullen was present for the discussion. Mr. Cullen stated that he was before Council last meeting to seek assistance through TIF for the construction of phases four and five of the development and to complete storm sewer improvements that were necessary as part of that development. Mayor Mertensotto asked if all of the improvements will be completed before December 31. He stated that unless there is an escrow agreement, the city cannot pay anything out after December 31. Mr. Cullen responded that 90% of the work is already done and the remainder should be completed before December 17. He stated that Page No. 4 November 2, 1999 it is his understanding that the funds will not be forthcoming if the work is not completed by December 31 and that he is comfortable with the agreement. Treasurer Shaughnessy stated that since Mr. Cullen felt that all of the work would be done by December 17, the agreement does not include an escrow provision. The soil and site work is completed and all that remains is the storm sewer work. He informed Council that he has reviewed the criteria and determined that, based on the criteria and net tax realized, the assistance that is allowed for soil correction is $166,000 for Lot 2, $166,000 for Lot 3, and $67,500 is allowed for the storm sewer work. Mayor Mertensotto asked for questions and comments from the audience. HEARING: FARRIS Mayor Mertensotto opened the meeting for the purpose of a public INCENTIVES BUSINESS hearing on a request from Farris Incentives for tax increment SUBSIDY assistance. Council acknowledged a memo from Treasurer Shaughnessy along with a letter from the Rochon Corporation on behalf of Farris, and a proposed contract for private development. Mr. Tom Farris was present for the discussion. Councilmember Krebsbach asked Mr. Farris if there were any changes made to the to the TIF list after the last meeting. Mr. Farris responded that no changes have been made. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman moved approval of the "Contract for Private Development" between the city and Roseville Properties - subject to review and approval of the city's bond counsel, Mary Ippel from Briggs and Morgan. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto recommended that Council not entertain any further business subsidy proposals that are not in process at this time or were not in process by the last Council meeting. HEARING: FARRIS Mayor Mertensotto opened the meeting for the purpose of a public INCENTIVES BUSINESS hearing on a request from Farris Incentives for tax increment SUBSIDY assistance. Council acknowledged a memo from Treasurer Shaughnessy along with a letter from the Rochon Corporation on behalf of Farris, and a proposed contract for private development. Mr. Tom Farris was present for the discussion. Councilmember Krebsbach asked Mr. Farris if there were any changes made to the to the TIF list after the last meeting. Mr. Farris responded that no changes have been made. Page No. 5 November 2, 1999 Treasurer Shaughnessy stated that the previous letter from Farris did not include the cost for storm sewer work, but the current request does include that cost. He stated that the proposal treats the storm sewer work separate from the net tax. $60,000 qualifies under the city's business subsidy criteria, plus $29,500 for storm sewer. In this project, there is an escrow agreement set up with the bank that Mr. Farris is using. Mr. Farris stated that he understands that the developer agrees with the city to complete the work by a certain date. If work is not completed, there is a default and the escrow agent has to pay the funds back to the city. Acting City Attorney Jim Dierking stated that the agreement is not set up that the escrow goes back automatically. He stated that he will discuss that issue with Ms. Ippel. Mayor Mertensotto asked for questions and comments from the audience. HEARING: MAYFLOWER Mayor Mertensotto opened the meeting for the purpose of a public DISTRIBUTING TIF hearing on a request from Mayflower Distributing for a Tax Increment Business Subsidy. Council acknowledged a memo from Treasurer Shaughnessy along with a proposed Contract for Private Development. Mr. Marty Abelovitz, owner of Mayflower, and his counsel, Mr. David Libra, were present for the discussion. Mr. Libra stated that the applicants understand the conditions of the agreement and the escrow provision. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman moved to approve the Contract for Private Development subject to approval by the city's TIF counsel, Mary Ippel. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto pointed out that if there are any substantive changes that need to be made to the agreement other than automatic refund of the escrow for non - completion, the agreement must come back before Council. HEARING: MAYFLOWER Mayor Mertensotto opened the meeting for the purpose of a public DISTRIBUTING TIF hearing on a request from Mayflower Distributing for a Tax Increment Business Subsidy. Council acknowledged a memo from Treasurer Shaughnessy along with a proposed Contract for Private Development. Mr. Marty Abelovitz, owner of Mayflower, and his counsel, Mr. David Libra, were present for the discussion. Mr. Libra stated that the applicants understand the conditions of the agreement and the escrow provision. Ayes: 5 Nays: 0 Page No. 6 November 2, 1999 Mayor Mertensotto stated that the city will use an escrow agent, and any work that is not completed by December 31 will have automatic pay back if not completed by the deadline date. Treasurer Shaughnessy informed Council that the project qualifies for $145,000 in TIF based on the value of future taxes and eligible expenses. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Huber moved to close the hearing. Councilmember Krebsbach seconded the motion. Councilmember Dwyer moved approval of the Contract for Private Development for $145,000 subject to the review and approval of counsel at Briggs and Morgan for TIF matters. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto pointed out that if there are any substantive changes that need to be made to the agreement other than the automatic refund of the escrow for non - completion, the agreement must come back before Council. BEARING: DAKOTA Mayor Mertensotto opened the meeting for the purpose of a public COMMUNITIES hearing on a request from Dakota Communities for the city to act as lead issuer for Housing Facility Revenue Bonds for the refinancing of properties owned by Dakota Communities. Ms. Kathy Lemay, President of Dakota Communities was present for the discussion. Ms. Lemay stated that she is present to ask that the city issue $2.5 million revenue bonds through a Joint Powers Agreement with the communities of Eagan, West St. Paul, Inver Grove Heights, South St. Paul, Maplewood, Crystal and Vadnais Heights. The purpose of the project is to refinance five of the existing Dakota Communities group homes to gain a better interest rate and put that money back into upgrading the houses. Also included is the development of five new homes. She stated that the Dakota Children's facility will be closed because it no longer meets the needs of the residents, who were children who grew up there. Group homes will be set up to serve four to six people, and Dakota Communities will be building nine Page No. 7 November 2, 1999 homes, but this project will only include five of those homes. Dakota Communities will be the sole obligee of the bonds. Treasurer Shaughnessy stated that the underwriters cannot look to the city for payment. Mayor Mertensotto asked if there would be a hold harmless agreement between the cities. Attorney Dierking responded that he does not see any reason why there should not be a hold harmless agreement. Mr. Steve Mayeron, from Briggs and Morgan, stated that all of the documents provide that he will provide a hold harmless agreement if Council desires. Mayor Mertensotto felt that there should be a hold harmless between the members of the joint powers agreement and there should be one law firm that would defend all of the cities. Mr. Mayeron responded that Dakota Communities is just asking for preliminary approval this evening and must get comments from the Metropolitan Council before Council can grant final approval. Councilmember Krebsbach asked if the $2.5 million will finance all nine new homes. Ms. Lemay responded that it will cover construction of the first five homes and refinance the five existing homes. Dakota Communities will be looking towards private financing for the other four homes. She informed Council that Dakota Communities no longer served developmentally delayed children and changed its name from Dakota's Children a number of years ago to reflect that change. The preference now in Minnesota is that children stay with their families if at all possible and if not, they go to foster homes. Mayor Mertensotto asked for questions and comments from the audience. Councilmember Dwyer asked if there is a clause that someone from outside Briggs and Morgan will represent the cities, not just in the event of a claim but also a challenge to the validity. Page No. 8 November 2, 1999 Mr. Mayeron responded that the documents provide that Dakota Communities does that. It holds all of the cities harmless from anything and everything. Councilmember Dwyer asked Attorney Dierking to be sure that there is a hold harmless from a challenge and any claims. There being no questions or comments, Councilmember Huber moved to continue the hearing to November 16. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Dwyer moved to grant preliminary approval to the request subject to review by appropriate counsel of the issues brought forth tonight. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 ST. THOMAS ACADEMY Council acknowledged a memo from Treasurer Shaughnessy FINANCING regarding the issuance of demand purchase industrial revenue bonds for proposed construction of a new middle school and remodeling of St. Thomas Academy, along with several documents associated with the bonding request. Mr. Jon Greving and Mr. Thomas Dolphin were present on behalf of St. Thomas Academy. Treasurer Shaughnessy informed Council that the action requested of Council this evening would formally authorize issuance of the bonds for the city on behalf of St. Thomas. The documents have been reviewed by the city's counsel for industrial revenue bonds, Mr. Roger Gordon from Winthrop and Weinstein. He stated that Council should make a decision this evening on the city's fee, because it will be payable at closing on November 10. Mayor Mertensotto stated that past practice has been to look at issuance fees for industrial revenue bonds on a case by case basis. Mayor Mertensotto stated that Council has required the full fee for some industrial revenue bonds and has reduced the fee for some. St. Thomas Academy is proposing that the fee be limited to $5,000. He stated that he feels the way Council should look at the request is that the fee is not revenue raising for the city, and St. Thomas Academy has had an exceptional record with the city over the years. St. Thomas has allowed the city's residents to use its tennis facilities and other facilities are used by MHA.A. Also over the years, the Page No. 9 November 2, 1999 environmental class has been monitoring the quality of Rogers Lake. 1 He felt that St. Thomas warrants special consideration and recommended that the city accept the $5,000 fee that has been offered. Councilmember Dwyer stated that according to the city's resolution, the city could demand a fee of $28,000 based on a percentage of the total issuance of the bonds. St. Thomas Academy has asked that the fee be reduced to $5,000 in recognition of what St. Thomas has done for the city over the years. That is why in part he supports the issuance of the bonds. The precedent in that past has been a maximum 50% waiver, which would mean a $14,000 fee from St. Thomas. There will be others making fee reduction requests in the future, and he felt Council should be responsible and waive a maximum of 50% of the fee. Councilmember Huber stated that he is comfortable with the $5,000 fee. St. Thomas Academy has been an excellent corporate citizen and has been good to the city. Also, there are some assessments coming up that Council will be working on with St. Thomas. He felt that $5,000 is a fair fee. j Mayor Mertensotto sated that St. Thomas Academy has been in the city for 34 years and is now undergoing major physical expansion and renovation and will be in the city for a long time. The city would like St. Thomas Academy to continue its cooperation with the city for the recreational health of the community. Ayes: 4 Nays: 1 Dwyer Councilmember Krebsbach stated that she would agree to the $5,000 fee based on the Academy's willingness to share its recreational facilities with the city. Councilmember Huber moved to establish an industrial revenue bond issuance fee in the amount of $5,000 for St. Thomas Academy. Mayor Mertensotto seconded the motion. Treasurer Shaughnessy stated that the city has charged St. Thomas a $2,500 administration fee, which is to be used to reimburse any city costs associated with the revenue bond request. The city's expenses will be deducted from that amount after the city pays all of the identified city expenses. Page No. 10 November 2, 1999 Councilmember Schneeman moved adoption of Resolution No. 99- 79, "A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF VARIABLE RATE DEMAND PURCHASE REVENUE BONDS, TO PROVIDE FUNDS FOR A PRIVATE SCHOOL FACILITY." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 99 -38, KOBRIN Council acknowledged a memo from Assistant Hollister regarding continued discussion on an application from Mr. Jerry Kobrin for a sideyard setback variance for a garage addition at 1718 Sutton Lane. Mr. Kobrin was present for the discussion. Mr. Kobrin stated that the matter was continued from the last Council meeting for the purpose of finding out if a precedent has been set in his neighborhood and also to see if his plans could be changed to require a five foot variance rather than a seven foot variance. The report from Mr. Hollister indicates that his neighbor at 1758 Sutton Lane was granted a five foot setback variance. A third garage stall was added in 1990 after the variance was granted, and there is only an 18 foot separation between the houses. Mr. Kobrin showed pictures of 1758 Sutton and his property to Council. He stated that even if he receives a five foot variance, his home will still be within the guidelines of a 20 foot separation between homes. His neighbor's garage is on the east side of his house and is a three stall garage. He informed Council that he can easily modify his plans to reduce the variance needed to five feet. Mayor Mertensotto stated that what has been done with another property cannot be taken into consideration. Council must make its decision based on hardship. He stated that the basis he can see is that the home is off center on Mr. Kobrin's lot. The home at 758 Sutton, about 100 yards away, is also offset on the lot. He stated that it must be recognized that the neighbor to the east may wish to add on to his home in the future. Councilmember Schneeman stated that when she looked at Mr. Kobrin's property, it seemed that the neighbor's house is much closer than the picture shows. Councilmember Krebsbach asked how much space there would be between the end of his garage and the neighbor's home if a five foot variance were granted. Page No. 11 November 2, 1999 Mr. Kobrin responded that the distance between the structures would be much more than 20 feet. Right now his house is about 15 feet from the property line. Mayor Mertensotto stated that Mr. Kobrin's original request for a seven foot variance would place the addition three feet from the property line. Mr. Kobrin responded that if a five foot variance is approved, there would be much more than 20 feet between his home and his neighbor's. Right now his house is about 15 feet from the property line. He stated that he is now requesting a five foot variance rather than the 7 foot variance he originally requested. The structure will be at least five feet from his property line, and he will modify the design so that the front part of the garage has the standard opening, and although there will not be much room on the side, there will be room for storage at the rear. Councilmember Dwyer moved to approve the amended application for a five foot sideyard setback variance with the condition that the applicant provide a drainage plan for review and approval by City Engineering and with the further condition that the exterior materials of the garage addition match the existing home, based on the finding that the house is off center on the lot, which makes it difficult to add on to the garage. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed Mr. Kobrin that he must submit a site plan showing elevations so 'that city engineering can review it for drainage concerns. The plan must show the dimensions and must show which way the water will flow. He pointed out that there is a city drainage easement along all of the property lines. CASE NO. 99 -39, SKI) Council acknowledged an application from SKI) Architects, Inc., for ARCHITECTS CAO PERMIT a critical area permit to allow construction of a house at 1147 Orchard Circle. Council also acknowledged associated staff reports, a preliminary soils report from advance Surveying & Engineering, and a letter from the Department of Natural Resources. Mr. Steven Kleineman, from SKD, was present for the discussion. Mr. Kleinman distributed copies of a site plan showing the topography of the property. He stated that his firm has been retained by Mr. & Mrs. Steve Baldinger to design a home for them on the lot. He reviewed the site drawing and informed Council that an outlot provides access to the site. The property has a flat area on top and Page No. 12 November 2, 1999 then it slopes off to the northwest. (Mr. Kleinman showed photos of the property to Council.) He stated that the flat area is clear, but where the land slopes it is heavily wooded. Looking to the south from the center of the site, there are two adjacent homes, and the lot is quite open to the neighbor to the east. Mayor Mertensotto stated that there is certainly enough land area to build a house and meet the critical area requirements. He stated that this is not a standard lot and that a 25 foot easement would be used to access the site. The lot is within the critical area, and written comments have been received from the DNR hydrologist. The DNR is saying that there are certain requirements of Executive Order 79 -19 that must be complied with and there is also an allegation that the city did not comply with the law in amending its requirements. He stated that Council cannot proceed unless the DNR's concerns are addressed and the last thing he wants the city to do is take on the DNR or MNfZI[tA. He stated that Council cannot say it does not care what the DNR conditions are. The city's ordinance only prohibits buildings on slopes greater than 40% but the executive order prohibits development on slopes greater than 18 %. He suggested that Council retain Barr Engineering to do an independent study. He pointed out that Barr is familiar with the river corridor and recently did a study for the city on water coming out of the city towards Lilydale. Barr is also familiar with bluffs and with the state's critical area standards. Mayor Mertensotto stated that he would like an objective review on what SKD is proposing and would like Council to continue the matter and extend the review period for 120 days. He further stated that staff can meet with Barr and review the DNR criteria for development on the slopes, and they should meet with the DNR to review the comments and see if a compromise can be reached. Councilmember Dwyer agreed that the city needs the DNR to state its issues. The DNR has told that the city that because the site is in the critical area, there can be no building on a slope greater than 18 %. The city's ordinance appears to say that a home could be built on slopes up to 40 %. The idea behind the critical area ordinance is that the bluff area is unique and should be preserved for people using the river and people on the bluff. The DNR would rather have no buildings on the bluff at all. He stated that not only does the city need Barr's expertise, but that the city attorney should also take a look at the issue. Page No. 13 November 2, 1999 Mayor Mertensotto responded that he wants Barr to be the mediator between the DNR and the architect on behalf of the people who want to build on the property. He stated that there is a question about the city's ordinance being in compliance. The DNR alerted the city to an update in 1997 but the city took no action. Barr is fully aware of the slopes and has worked with the state and knows what can be done in the critical area. He stated that he does not think the DNR is opposed to building on the lot but rather that they want different setbacks. The DNR is also concerned about stabilizing the soil that would be disturbed. Mr. Kleineman responded that in general the property is quite flat coming into the area where the home is proposed. As it slopes off to the northwest, it is an ideal site for a walkout home. The way he has located the house, it wraps and follows the contours of the lot. One of the concerns the DNR listed is how much the property is disturbed. The way the grades work out on the southern part of the lot, very little will be disturbed. The way the house is designed, it fits naturally into the site and it is a natural walkout. Trees will be added to create a buffer between the homes. The next DNR concern was the view of someone looking from Fort Snelling to this property. If one looks at the height of the existing trees that view will remain undamaged. The impact of this house would be minimal. The other issue to consider is when one looks at a driveway that comes into a house, a means to turn a vehicle around needs to be provided. He felt it appropriate to put in a turn - around driveway, which he felt fits nicely and is on the flat area. The home is also designed for handicapped access and as a result, the grade is a little higher into the garage and into the house to provide wheelchair access. The grading is minimal, and the only grading that needs to be done is for the excavation of the basement. Mayor Mertensotto stated that handicapped access has no bearing on the matter. Also, the Fire Department is requesting a 20 foot wide improved roadway. Councilmember Dwyer stated that he is concerned about the ability of a fire truck to get to the house. Responding to a question from Councilmember Schneeman, Mr. Kleineman stated that he does not know the length of the house, but that it is a little over 3,000 square feet on the main floor. The structure is single story from the front, and a study is built into the roof in the back. Essentially, it is a one -story home with a loft and a Page No. 14 November 2, 1999 walkout basement, -but by the city's ordinance it is interpreted as being two stories. Mayor Mertensotto responded that the DNR interprets it as a three story home. Mr. Kleinman informed Council that he would be comfortable working with Barr. He stated that he is concerned about making sure to properly take care of any drainage that would be created by the hard surfaces and the structure and will work with Barr and the city on that. He reviewed the site plan that he submitted this evening, stating that the shaded area on the drawing is what is 18% or greater. He stated that he looked at the possibility of pushing the house forward fifteen feet, which would take it out of the 18% slope area, but that the house works better where it is. He stated that he would be concerned about access and having to perhaps move the turn around if the house is moved forward. Mayor Mertensotto stated that Barr will have to evaluate what is proposed against the critical area criteria to see if there is any compromise. He further stated that he hopes the issues can be resolved with the DNR and that the application can come back with a recommendation before 120 days from the date of the application (October 4, 1999). He informed Mr. Kleinman that city staff will be instructed that no building permit will be issued during that time and the city will retain Barr Engineering. Council wants to be sure that the hydrologists with the DNR who are responsible for the MNR]EZA regulations agree with what is proposed. Mr. David Najarian stated that he met with the DNR hydrologist and that he has also calculated the slopes. He showed a drawing that indicated that almost the entire house is over the slope. He stated that the DNR says that the executive order states that bluffs greater than 18% are to stay in their natural state. He informed Council that he is not opposed to a house being built on the lot but that he feels that the critical area should be protected. He read portions of the letter from the DNR regarding redesigning and relocating the structure. Councilmember Huber moved to continue the matter for 120 days with the instruction that no building permit be issued and further that Barr Engineering be retained to perform an independent evaluation of the application. Ayes: 5 Councilmember Schneeman seconded the motion. Nays:0 Page No. 15 November 2, 1999 CASE NO. 99 -40, SMITH Council acknowledged an application from Mr. Brian Smith for subdivision of the Burow Farm property. Council also acknowledged staff reports and a request from Mr. Smith that Council table the subdivision request until March, 2000. Mayor Mertensotto stated that there is no way Council can keep a planning matter open for six months. Under statute, an application can only be extended for 120 days. He recommended that the application be terminated and that Council waive the six month waiting period for reapplication, along with waiver of an additional fee provided that the city be reimbursed for any public hearing costs to date and in the future. Councilmember Huber moved to terminate the application, waive the six month waiting period for reapplication, and waive the fee for reapplication provided that the applicant reimburse the city for any public hearing costs. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 Councilmember Schneeman noted that Mr. Smith, in his letter requesting tabling of the application, asked the city to notify Ms. Roszak that Mr. Smith is requesting quarterly progress reports from her. Councilmember Schneeman stated that she does not think the city should do that. Mayor Mertensotto agreed, stating that the city does not take on any responsibility in the matter. Councilmember Dwyer stated that if Mr. Smith wants to get any more reports from Ms. Roszak, he should get them from her himself. DECORAH STOP SIGNS Council acknowledged a memo from Police Chief Johnson regarding consideration of stop signs at Decorah Lane at Ocala Lane. Council also acknowledged a letter from Mr. Mitchell Wittenberg, 687 Decorah, along with a neighborhood petition for three -way stop signs. Mr. Wittenberg was present for the discussion. Mr. Wittenberg stated that over the past several years he has had a lot of opportunities to observe the traffic at the intersection and that he has had several conversations with Chief Johnson and city police officers about sight problems. He informed Council that Chief Johnson and Public Works Director Danielson came out and viewed the intersection and felt that consideration should be given to stop signs. Page No. 16 November 2, 1999 Councilmember Dwyer stated that he is familiar with this area, and that the intersection gets quite a bit of use. He had several concerns about the request. If a stop sign is installed, there is less than 2 /10ths of a mile where there is another stop sign. That would be chopping up the road quite a bit. Because of that, he felt that people might elect to avoid Decorah and start traveling on Cheyenne and up to the four -way stop. He noted that 27 residents signed the petition, and asked Mr. Wittenberg how many people are opposed. Mr. Wittenberg responded that all of the immediate neighbors are in agreement that this is a concern. The intersection is across from the park, and there are a lot of kids crossing to the park. Councilmember Huber stated that as a matter of practice, a good practice, Council turns requests for traffic signs over to the Police Chief for an assessment of the intersection and a recommendation. He informed Mr. Wittenberg that requests for stop signs are taken out of the political arena and are turned over to the experts for a recommendation. Councilmember Schneeman stated that the memo to Council was prepared by Chief Johnson. She asked if he and other city staff members recommended the three way stop. Mr. Wittenberg responded that Chief Johnson and Public Works Director Danielson were in agreement that a three way stop is needed because of the sight lines. Councilmember Dwyer stated that he has a bad feeling about the recommendation. He further stated that it does not seem logical to have stop signs so close together. He noted that there is a city park across the street and the city could install a street light. Mayor Mertensotto stated that unless there is something to alert people to the sign, people who are not familiar with the intersection will go through it. He felt that perhaps a pedestrian crossing should be marked on the street instead. Councilmember Schneeman pointed out that there is a yield sign on Ocala now. Page No. 17 November 2, 1999 Mr. Wittenberg stated that the problem is the traffic and the speed on Decorah. When there are patrol officers out, they park in the park and it is very easy for drivers to see them. He stated that he has asked the officers to park in his driveway any time of day. The combination of the speed problem and the sight line it is a very dangerous situation. Councilmember Krebsbach stated that Council does not normally question the Police Chief s recommendations. She further stated that Council has talked about lowering the speed limit to 25 miles per hour. Public Works Director Danielson responded that the city has no jurisdiction over the speed limit. Responding to a comment that perhaps there should be a stop sign on Ocala to make drivers on Ocala stop at the intersection, Mr. Danielson stated that the issue is the traffic on Decorah. Drivers pulling out from Ocala cannot see. Having the cars on Decorah stop allows for safe passage for cars pulling out from Ocala. Councilmember Dwyer stated that he would like to have Chief Johnson present for the discussion. He felt that since there is already a stop sign 2/10 of a mile away, there may be a better solution than a three -way stop. He informed Council that he has been contacted by residents on Nashua Lane who are opposed to the installation of stop signs at the intersection. Mayor Mertensotto suggested continuing the matter and directing city engineering to determine what can be done to install a street light at the intersection. He felt that people would not see the stop sign. Public Works Director Danielson stated that he visited the site with Chief Johnson. It is an extremely difficult problem to address. He stated that staff does not want to put stop signs at three way "t" intersections but did see the problem at this location and could not see any other solution. There is a berm on private property and people cannot see when making the turn onto Decorah from Ocala. It was the consensus to continue the matter to the November 16 meeting. LEGISLATIVE POLICIES Council acknowledged a memo from Administrator Batchelder regarding proposed 2000 legislative policies for the AMM and LMC. Council also acknowledged a draft legislatives policies document. Page No. 18 November 2, 1999 - Councilmember Krebsbach informed Council that she chaired the AMM Metropolitan Agencies Committee and the committee is not sure whether anything is going to happen with the Metropolitan Council and governance issues this year. The policy regarding the MAC is important, particularly with regard to the emerging issue of relieve airports. The communities in which they are located are getting active in opposing runway extensions. She stated that the AMM is always in support of TIF and recommended that TIF be one of the policy priorities for local government. Mayor Mertensotto stated that he would not support a policy to increase the gas tax and there should be a recommendation to get rid of the progressive vehicle license fees. Council directed Councilmember Krebsbach and Administrator Batchelder to determine the top five policy priorities on behalf of the city. TAX INCREMENT REQUEST Council acknowledged a letter from Roseville Properties requesting tax increment assistance for Lot 7, Centre Pointe South. Council also acknowledged an associated memo from Treasurer Shaughnessy. Mayor Mertensotto stated that any project that was not under consideration by the last Council meeting should not be considered. He further stated that Council can proceed to try to get special legislation to extend the city's TIF District, but anything that was not in process as of October 19 will not be entertained. Councilmember Krebsbach moved to impose a moratorium on all business subsidy applications for projects that were not underway as of October 26, 1999. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 WATER RATES Council acknowledged a notice from the St. Paul Water Utility regarding water rates for the year 2000. Council also acknowledged an associated memo from Treasurer Shaughnessy. Mayor Mertensotto briefly reviewed the issue, stating that the rate is inconsistent with the city's agreement and his understanding during negotiations with St. Paul Water that the city would not be charged a higher rate than other communities. He noted that the increase is less than 2% and that the notice and memo are on the agenda for information only. Page No. 19 November 2, 1999 JOINT WORKSHOP Council acknowledged a memo from Assistant Hollister regarding a request from the Planning Commission for a joint workshop on the comprehensive plan with the City Council. Mayor Mertensotto noted that the Planning Commission would like to meet on November 9. The Commission proposes to meet at 6:30 to discuss the infill sites and them to meet with the Council at 7:30. Councilmember Dwyer stated that he talked with Commission Chair Ultan Duggan last evening. The Commission would like to discuss five of the 23 infill sites. Mayor Mertensotto stated that the Chair is making announcements that the commission wants to give the same notice for comprehensive plan amendment as for rezoning (notices to owners of properties within 350 feet). He stated that a comprehensive plan amendment is not a rezoning procedure and the zoning ordinance procedures for comprehensive plan amendment do not require individual notice, but rather only published notice. With respect to the inf.11 parcels, he stated that Council spent three hours discussing lthose parcels in workshop and has made its decision already. Councilmember Krebsbach felt that Council should meet with the commission. She stated that while she has no problem about meeting with the commission, she does not want to mislead them into thinking that Council is going to change anything. Councilmember Schneeman moved to conduct a joint Council/Planning Commission workshop at 7:30 p.m. on November 9. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto informed Council that he has received comments from senior citizens who were afraid to walk from the Parkview Plaza senior housing facility to the bonfire because there is no lighting. He stated that residents of the facility would like to see some type of pedestrian way to the shopping center. He also received a number of complaints from residents of Parkview Plaza and tenants of the former bank building about the smoke that got into their buildings because of the Halloween Bonfire. Page No. 20 November 2, 1999 Mayor Mertensotto stated that lighting in the bank's parking lot did not come on that evening, and he asked staff to look into the lighting issue. Although there is fighting in the Parkview Plaza parking lot, but that cannot be seen off the Parkview Plaza property. ADJOURN There being no further business to come before Council, Councilmember Dwyer moved that the meeting be adjourned to closed session for discussion on labor negotiations. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 10:21 p.m. Kathreen M. Swanson' City Clerk ATTEST: Charles E. Mertensotto Mayor