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2016-07-06 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, July 6, 2016 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approve June 7, 2016 City Council Minutes; e) Approve the Purchase of Tasers; i) Approve Joint Powers Agreement with Dakota County for Traffic Signal Improvements of Interstate -494 and Pilot Knob Road; k) Approve Personnel Action Items; 1) Approval of Memorandum of Agreement with MNPEA; and m) Approve Ordinance 497 Concerning Massage Therapy Businesses in B-1 Limited Business District. a. Approve June 7, 2016 City Council Minutes b. Approve June 21, 2016 City Council Minutes c. Acknowledge June 28, 2016 Planning Commission Minutes d. Approve Renewal of Massage Therapist License for Mariah Bowen e. Approve the Purchase of Tasers f. Approve Out of State Travel for Police Department- MAAG Training g. Approve Out of State Travel for Police Department- MOCIC Training h. Approve Resolution 2016-56 Final Payment of Sibley Memorial Hwy Trail i. Approve Joint Powers Agreement with Dakota County for Traffic Signal Improvements at Interstate 494 and Pilot Knob Road j. Approve Ordinance 500 Placement of Stop Signs on Laura Street at 1st Avenue k. Approve Personnel Action Items 1. Approval of Memorandum of Agreement with MNPEA in. Approve Ordinance 497 Concerning Massage Therapy Businesses in B-1 Limited Business District n. Approve of Claims List o. Approve Treasurer's Report p. Approve Change of Start Time for August 2, 2016 Council Meeting Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) APPROVE JUNE 7, 2016 CITY COUNCIL MINUTES Mayor Krebsbach noted that the June 7, 2016 City Council Minutes had been tabled at the last Council meeting. Councilmember Duggan also noted the misspelling of Mr. Joe Seidel's name to be corrected. Councilmember Petschel moved to approve June 7, 2016 City Council Minutes with the correction as noted. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 E) APPROVE THE PURCHASE OF TASERS Councilmember Duggan asked if there were any guarantees that come with the Tasers. The reply was that they are guaranteed for one year. Councilmember Petschel moved to approve the purchase of Tasers as presented. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 I) APPROVE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY FOR TRAFFIC SIGNAL IMPROVEMENTS AT INTERSTATE -494 AND PILOT KNOB ROAD Councilmember Duggan noted that he did not have a problem with this agreement; however, he asked if staff had any requests for a flashing yellow at Dodd Road South getting onto the 494 ramp. City Engineer John Mazzitello answered that new signals at the I-494 ramps on Dodd Road are part of the 2018 MnDOT project. July 6, 2016 Mendota Heights City Council Page 2 Councilmember Duggan moved to approve the Joint Powers Agreement with Dakota County for Traffic Signal Improvements at I-494 and Pilot Knob Road. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVE PERSONNEL ACTION ITEMS Councilmember Duggan, referencing the job description for the Police Captain, suggested the following changes: • Essential Duties, Item B, "Oversees the recruitment and selection of -all -police personnel." • Essential Duties, Item C, "Forecasts personnel and equipment needs based upon e-ar€ful thorough analysis." • Essential Duties, Item E, "Meets with departmental personnel to analyze and solve problems as needed or required." • Essential Duties, Item G, "Monitors the productivity of police divisions by analyzing reports and statistics compiled by department supervisors as needed or required." • Performance Criteria, the first line, "Reports provided to the Police Chief are timely and reflect eonsider-ationresRonse/analysis of existing conditions and objectives." • Desired Qualifications, Item D, "Substanli-al Ability to use research techniques and performance indicators in evaluating and recommending improvements in department operations". • Knowledge/Skills/Abilities Required, Item K, "Ability to evaluate situations, improvise rp ovide solutions with available resources and adapt to a changing environment." Councilmember Petschel moved to approve Personnel Action Items with the changes to the Police Captain job description as recommended. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 L) APPROVAL OF MEMORANDUM OF AGREEMENT WITH MNPEA Councilmember Norton explained that he wished to point out that this is one step, along with many other steps, that the Council and the Police Department is taking to try to address some of the issues that they have been dealing with. He was glad to see that the unions are agreeing with the change in the shifts so they can provide better coverage for the citizens and also the supervisory roles. Councilmember Norton moved to approve the Memorandum of Agreement with MNPEA. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 July 6, 2016 Mendota Heights City Council Page 3 M) APPROVE ORDINANCE 497 CONCERNING MASSAGE THERAPY BUSINESSES IN THE B-1 LIMITED BUSINESS DISTRICT There were no discussions on this topic. Councilmember Norton moved to adopt Ordinance 497 Concerning Massage Therapy Businesses in the B-1 Limited Business District. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Paul Portz, 1058 Avanti Drive, is the President of the Dakota County Chapter of the University of Minnesota Alumni Association. He provided background information on this chapter. They fund a scholarship for a high school student from Dakota County, which is chosen by the Alumni Association. Mr. Portz announced that the recipient this year is Mr. Anthony Kammeyer from Henry Sibley High School, who will enroll in the College of Liberal Arts at the University of Minnesota this fall. Mr. Ron Moser, Senior Police Consultant with McGrath Consulting, explained that his firm was hired to complete the Police Study. As a follow up to that, they are providing interim services for the City until the Police Captain is hired. Mr. Moser provided some additional comments about the firm by noting they are headquartered in Wonder Lake, Illinois and have been in business since 2000. They specialize in public sector consulting; primarily police, fire, EMS, HR, and administrative. As the Senior Police Consultant, his background is primarily municipal policing for over 30 years. Mr. Moser had started his duties today as the interim police administrative supervisor. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. July 6, 2016 Mendota Heights City Council Page 4 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2016-57 CONDITIONAL USE PERMIT AT 675— 1ST AVENUE, PLANNING CASE 2016-19 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a roof -mounted solar energy system at 675 1" Avenue. The subject parcel is approximately 19,000 square feet and contains a single-family dwelling and is guided as low-density residential on the Comprehensive Plan. The proposed solar system is compliant with the all applicable Code standards and would be mounted on top of the attached garage structure, would not extend beyond the highest peak of the structure, would not extend beyond the exterior perimeter of the building, would be bracket -mounted to the flat roof structure, would occupy approximately 55% of the total applicable roof section, would match the roof color, and would have anti -reflective gaffs. It would also be compliant with the applicable safety and electrical code standards. Councilmember Petschel moved to adopt RESOLUTION 2016-57 APPROVING A CONDITIONAL USE PERMIT AT 675 1 st AVENUE with conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2016-58 LOT LINE ADJUSTMENT AT 1787 LEXINGTON AVENUE, PLANNING CASE 2016-20 Planner Nolan Wall explained that the applicant, on behalf of both property owners, was seeking approval to adjust a shared interior lot line and vacate the existing drainage and utility easements. The existing parcels are 65,081 square feet and 16,544 square feet and are guided low-density residential on the Comprehensive Plan. The property owners of 1787 Lexington Avenue are interested in selling 5,187 square feet of the existing rear yard to the owners of 1122 Orchard Circle. Planner Wall shared an image of the survey showing the proposed area in question that would be adjusted to be part of Lot 6. According to both parties, the natural topography of the area in question is better suited to be located on Lot 6 and would also ensure that the existing vegetative buffer would remain between the two properties. City Code does allow subdivision of parcels provided that the resulting lots are compliant with the requirements in the applicable zoning district. The proposed adjustment in this case does not create non -conformity with the applicable R-1 district lot standards. The accessory structures that are noted on the survey are proposed to be removed. The requested vacation of the existing drainage and utility easement that runs along the current interior lot line would be proposed to be transferred to the new lot line. The existing drainage and utility easement that runs along the northern boundary would be extended all the way through the new property line. July 6, 2016 Mendota Heights City Council Page 5 Councilmember Duggan moved to adopt RESOLUTION 2016-58 APPROVING A LOT LINE ADJUSTMENT AT 1787 LEXINGTON AVENUE AND PID# 27-81275-02-060 based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 C) ORDINANCE 498 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE CONCERNING B-1 LIMITED BUSINESS DISTRICT CONDITIONAL USES Planner Nolan Wall explained that the applicant was requesting amendments to Title 12 -1F -1-B of the City Code concerning Conditional Uses in the B-1 Limited Business District. The applicant owns the property at 2500 Lexington Avenue South, and formally occupied the existing 13,940 square foot office/warehouse building, which is now currently vacant. The building was constructed in 1991 as a gymnastics facility and was issued a Conditional Use Permit at that time for a private athletic facility. Prior to purchasing the building, the applicant did appear before the City Council in 2006 to request an interpretation of the B-1 zoning requirements. City Council determined that Laser Technologies, which was the applicant's business, was permitted as an "offices of a general nature" use. The applicant no longer operates the business but is now marketing the building for sale or for lease. As a result, the current permitted and conditional uses in the code have proved problematic in attracting new users based on how the building is constructed and the potential code amendment process they would be required to do. The proposed amendment does provide clarity in what uses may or may not occupy the space and would allow future interested property owners to potentially pursue a Conditional Use Permit process without having to first go through a code amendment process. In response to the applicant's proposal, staff prepared a recommended draft ordinance for review and discussion. The proposed draft includes commercial recreation when conducted within a completely enclosed building, and offices of general nature where the operations include warehousing from the site. Planner Wall then provided definitions of the two proposed amendments. Mayor Krebsbach voiced her opposition to allowing warehousing because of the potential for semi -truck traffic in the area and moved to deny ORDINANCE NO. 498 AMENDING TITLE 12, CHAPTER 1, ARTICLE F OF THE CITY CODE CONCERNING B-1 DISTRICT CONDITIONAL USES. Councilmember Petschel requested that Planner Wall finish his presentation before proceeding on any motions. Mayor Krebsbach withdrew her motion. Planner Wall continued by providing some background for this case. According to the applicant this particular building contains approximately 8,300 square feet of warehouse space, in addition to the office space. Laser Technologies did use this warehouse space as a showroom and staging area. There was no direct retail from the site. Staff's proposed amendment would allow warehousing in conjunction with a permitted office use but would still prohibit retail sales. July 6, 2016 Mendota Heights City Council Page 6 Planner Wall shared an image of the area showing the surrounding B-1, commercial, and industrial zoned properties. In response to a question raised by Councilmember Norton, Planner Wall noted that warehousing is currently allowed in the industrial district, which is located directly across Lexington Avenue from the subject property. Councilmember Povolny noted that the subject property is also located across the street from City's Public Works department, which has truck traffic. He asked what the load restrictions are on Lexington Avenue. City Engineer John Mazzitello replied that Lexington Avenue is posted as a 9 -ton per axle road. The 3M building located on Lexington and Mendota Heights Road also has semi -truck traffic. Councilmember Povolny also noted that just because it could be allowed in this area, it may not be feasible in other areas of the city that are zoned B-1. Planner Wall explained that this building has no loading docks; it has two small double doors. This building would need to have improvements made in order for it to be a true warehouse. Mayor Krebsbach pointed out that the proposed ordinance would open all areas zoned as B-1 to businesses with semi -truck traffic. Planner Wall noted that, with a Conditional Use Permit, there is the ability to place site-specific conditions. Mayor Krebsbach explained that she was still opposed to this proposed ordinance amendment. Councilmember Duggan moved to adopt ORDINANCE NO. 498 AMENDING TITLE 12, CHAPTER 1, ARTICLE F OF THE CITY CODE, CONCERNING B-1 DISTRICT CONDITIONAL USES. As a point of clarification, Councilmember Petschel asked as each proposal would come forward for warehousing in the B-1 district, because it would be approved as a use, would it not require any scrutiny in terms of whether or not it would have a harmful effect on the surrounding neighborhood. Planner Wall replied that what was being proposed right now is simply to amend the code to potentially allow this use by Conditional Use Permit. Therefore, if a user did come forward to do warehousing from this property, they would be required to get a Conditional Use Permit. Mayor Krebsbach noted that it is very difficult to deny a Conditional Use and Planner Wall agreed. However, if the analysis of a Conditional Use request comes back that it would have a negative impact on surrounding properties, then that could be a reason to deny a Conditional Use Permit request. Mayor Krebsbach asked if it would be better to rezone the property than to amend the Ordinance for the B-1 district. Planner Wall replied that this could be an option; however the property owner had applied for a code amendment. Rezoning could certainly be another option. Warehousing is a permitted use in the Industrial District, which essentially is what this use would probably fit in best. Councilmember Norton seconded the motion. Planner Wall noted that the applicant and business owner was in attendance and could answer any additional questions from the Council. He also commented that there is room for discussion of adding additional conditions to the proposed Conditional Use regarding warehousing. July 6, 2016 Mendota Heights City Council Page 7 Councilmember Duggan agreed to withdraw his motion. Councilmember Norton agreed to withdraw his second of the motion. The applicant, Mr. Sean Carey, came forward to address the Council. He stated that he has been operating a business for 10 years at this location and had no negative impact to the neighborhood. They have been warehousing and had a showroom. They used smaller trucks because they do not have loading docks. It was a very successful business which he just sold to a competitor. However, he still owns the building. Councilmember Norton moved to table ORDINANCE NO. 498 AMENDING TITLE 12, CHAPTER 1, ARTICLE F OF THE CITY CODE CONCERNING B-1 DISTRICT CONDITIONAL USES. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) MENDOTA PLAZA SECOND ADDITION CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT AMENDMENT, PRELIMINARY/FINAL PLAT, AND WETLANDS PERMIT Planner Nolan Wall explained that staff was not asking for any action in consideration of this request other than the action to table. This was due to the fact that the applicant does not have a MnDOT right- of-way access permit. However, staff desired to present all of the information to Council and for them to discuss any concerns. Councilmember Duggan asked how the 60 -day rule for applies to this application. Planner Wall replied that the current action deadline for this case has been extended by 120 days and will expire on August 24, 2016. If the required information is not available by the August 16, 2016 City Council meeting to make a decision, the applicant would have to be agreeable to an extension into September or October. Upon a question from Councilmember Povolny, Planner Wall stated the applicant had a right-of-way access permit as part of their original PUD but that access permit has since expired. They are in the process of reapplying for that access permit. Planner Wall explained that the applicant was seeking approval to amend the Planned Unit Development (PUD) final development plan, including preliminary and final plat and wetlands permit requests. The proposed development site is approximately 4.96 acres of undeveloped land in the northeast corner of the existing Mendota Plaza mixed use development. It borders Highway 110 to the north and the Dodge Nature Center property to east. The Village of Mendota Heights is located directly across Highway 110 to the north. The proposed project includes integrated commercial and high-density residential developments with connections to the existing retail uses and planned off-street trail systems, as well as a public gathering space. The development team includes Mendota Mall Associates and Paster Properties, who is the owner/manager of the existing shopping center and the subject parcels in question. At Home Apartments will be the owner/manager of the proposed high-density residential development and is also a part of the development team. July 6, 2016 Mendota Heights City Council Page 8 The proposed project would be constructed in two phases. Phase One would include construction of the private access drive, high-density residential development, all public amenities, landscaping, and preliminary grading on the northwest portion of the site. Phase Two would then include construction of the proposed commercial development and final grading. It is anticipated that Phase One would commence as soon as possible after City and entitlement approvals and would be completed in approximately 18 months. Phase Two would commence as soon as future tenants are committed to leases and then each commercial building would take approximately 8 to 12 months to construct; but that may not occur concurrently. As part of a Planned Unit Development process, the applicant did receive approvals for a master plan of the entire mixed-use site, including subsequent amendments. According to the Comprehensive Plan, the subject parcels are guided as mixed-use PUD and those are intended to allow for mixed-use developments that combine residential, retail, and commercial uses into a coordinated planned development project. It was worth noting that the latest Metropolitan Council Systems Statement projects the City to add 276 residents by 2040; based on the 2014 population estimates. Construction of this proposed 149 -unit high-density residential development could account for a significant amount of the year 2040 forecast in population and household increases. According to the applicant, this proposed project does include market -rate units, but would not include affordable units that satisfy additional Metropolitan Council requirements. This proposed development may also satisfy potential demand for rental units in Mendota Heights. The availability of desirable units may also appeal to existing homeowners who are looking to downsize while staying in the community, which may stimulate turnover of the existing single family housing stock. For these reasons the proposed mixed-use project does fit many of the land use and housing goals and policies that are included in the Comprehensive Plan. The applicant is requesting preliminary and final plat approval for the Mendota Plaza Expansion 2°a Addition, which also includes vacation of existing drainage and utility easements. Planner Wall then shared the details of the proposed uses which included restaurant use, high-density residential, stormwater pond, access drive and open space. The details of the preliminary and final plat are tied to the proposed PUD amendment. The applicant requested to vacate several existing drainage and utility easements from the existing plat, which would essentially be resolved through approval of the new plat. Additional easements may be required by St. Paul Regional Water Service (SPRWS) that are not identified on the proposed plat. As required by the City Code, the applicants also submitted these planning documents to MnDOT for review. The applicant is in the process of applying for and acquiring a new access permit to Highway 110. City Council cannot approve the proposed requests until the right-of-way access permit has been obtained from MnDOT. The code does require PUD amendments to be considered by Conditional Use Permit. The amended PUD does contain the following land uses; commercial, high-density residential, and the existing outlots, the various building areas, and parking requirements. July 6, 2016 Mendota Heights City Council Page 9 Planner Wall shared additional information of the Comprehensive Plan, Preliminary and Final Plat, Existing PUD Final Development Plan, Proposed PUD Final Development Plan Amendment, Commercial Development, High -Density Residential Development, Off-street Parking, Signage, Landscaping, Lighting, Wetlands Permit, Dakota County Trail, Dodge Nature Center, and Development Agreement. In regards to parking spaces, Councilmember Duggan noted that for some previous developments the Council had requested proof of parking to accommodate the need down the line. Planner Wall replied that at this point, the applicant does not know the specific restaurant user, which is why it is difficult to determine the amount of parking needed. However, staff has analyzed what their maximum scenario would be for the square footage of restaurant space and worked backwards to find an appropriate parking number that would satisfy the demand for that maximum amount of square footage. Councilmember Duggan requested clarification on the location and depths of the compact parking stalls, which Planner Wall agreed to provide. Planner Wall shared images of the proposed elevation of Buildings One and Two, including the drive- thru lane of Building One that was included in the original PUD. In regards to the high-density residential use, Planner Wall noted that it would include 149 units on 2.2 acres along the eastern property boundary line, perpendicular to Highway 110 and abuts the Dodge Nature Center and the proposed Mendota -Lebanon Hills Greenway Trail. The proposed building contains 99 one -bedroom units and 50 two-bedroom units. The proposed development also includes an open space and public gathering area constructed over an underground stormwater basin, and a parking area in the front of the building. The proposed resident amenities for the development would include a two-story entry lobby (which includes a lounge and office spaces), large kitchens, in -unit laundry, balconies, walk-in closets, high-speed Internet, wood cabinets, granite counters, wood -style flooring, and stainless steel appliances. There is also proposed to be a community room, fitness facility, on-site office staff, an outdoor courtyard that would include a swimming pool and deck, hot tub, gazebo, and grilling area. There is also proposed to be a rooftop deck with an adjoining community room, bike storage areas, bike hub including repair tools, dog washing station, and sidewalks and greenway trail connections. Councilmember Duggan asked if the fire department and Fire Marshal have commented on the roof top patio or community space. Planner Wall replied that the Fire Department did review this application and provided comments. He was unaware of any specific discussions regarding the roof top patio. Planner Wall agreed to have additional discussions with the Fire Chief and Fire Marshal. Planner Wall mentioned that the lot area is significantly less than what would be required in an R-3 district. The minimum proposed unit floor area for a one -bedroom starts at 618 square feet, slightly smaller than what is required in an R-3 district. The two-bedroom units' minimum square footage is slightly higher. Planner Wall stated that the underlying zoning is actually mixed use PUD, the use itself is a use that is allowed in the R-3 zoning district. That is the reason for the comparing the use with the R-3 requirements. The Council has discretion to determine what the density will be for this development as a separate issue that is not addressed within the R-3 district requirements. July 6, 2016 Mendota Heights City Council Page 10 Councilmember Duggan noted concerns about the setbacks for the swimming pool. The setbacks are significantly less than the applicable city code standards. Planner Wall replied that there was an analysis of the existing swimming pool regulations for multi -family apartment dwellings and the standards not being met. Again, that can be determined to be acceptable or not as part of the PUD. Councilmember Duggan also raised a question about a utility line being installed under the swimming pool. Planner Wall replied that a private utility line is proposed to run underneath the swimming pool/deck area. It is a private utility and would be at the property owner's risk. Councilmember Duggan noted he would like to see a disclaimer included in the development agreement to protect the City. For the original development, Councilmember Duggan asked if there was a limit to the number of pylon signs. Planner Wall replied that he was unaware of any limitations, but noted the applicant would have to submit a comprehensive signage plan for approval of any signage. Mayor Krebsbach asked if the Council needed to approve this development by August 16, 2016. Planner Wall replied that the Comprehensive Signage Plan would be included as part of an amendment to the Development Agreement, which is a condition of approval that would be required to follow any action to approve the Planned Unit Development Amendment. The amendment to the Development Agreement would be the time to iron out issues related to operations, maintenance, signage, and additional utility easements. Councilmember Duggan requested that a copy of the original Development Agreement be provided to the Council so they can have a sense of the direction they are going and what impacts there may be in that in relation to the proposed changes. Planner Wall agreed to provide that to the Council. In regards to the Trip Generation Comparison Memo, Councilmember Duggan asked if the original proposal included the four-story building and the other two buildings and restaurants. Planner Wall replied that staff has copies of that information and believed that it was addressed in the report. He also noted that the original PUD that was approved in 2009 included an office use for this particular area, which probably contributed to additional morning trips that are not the same with the proposed use not having an office component. Mayor Krebsbach, in regards to the elevation, asked if the hill was going to be cut down or is the proposal for the apartments to sit on top of the hill. City Engineer Mazzitello stated that the changes to the grade may be altered by the trail, but the proposed development in the southeastern corner — the very southern end of the apartment building — does sit behind a retaining wall. The building is cutting into that hill. Mayor Krebsbach asked if this would be a flat area and would the area where the restaurants would be located be filled in. Engineer Mazzitello replied that right now there are four stories of apartments and there are two underground parking decks. Both underground parking decks will be exposed at the southern end of the building. Neither underground parking deck will be exposed at the north end of the building. The lowest point in the site will be the southern end of the apartment building. The northern end of the apartment building and the commercial area will be at approximately the same elevation — matching or slightly higher than the pavement of Highway 110 but not the ditch. July 6, 2016 Mendota Heights City Council Page 11 The Planning Commission did unanimously recommend approval of the proposed requests and provided an additional condition for consideration by the City Council concerning off-street parking, which would be included in a final resolution for approval. However, in the absence of an approved MnDOT right-of- way access permit, staff recommended that the City Council move to table action on the proposed requests at this time. If the applicant by the end of the City's 120 -day window does not receive the MnDOT right-of-way access permit, the Council would still need to act on this request. Mr. John Kohler of Paster Properties, and Pete Keely of Collage Architects, addressed the Council's concerns. To answer Councilmember Duggan's question about the two restaurant buildings aligning, Mr. Kohler replied that they are actually only about 15 feet apart and that is only to allow the drive-thru lane to come around the back. Therefore, visibility from Highway 110 should not be an issue for eastbound traffic. In regards to the parking stalls overlapping the sidewalk, Mr. Kohler pointed out the location of the compact stalls, which are the farthest away from the sidewalk. He also noted that the sidewalk is 10 -feet wide along the building frontage. Mr. Kohler noted that the open space above the retention pond would be designed in such a way as to enable the parking of a fire truck, if needed. As for the utility line under the pool, it would have been a 6 -inch PVC storm drain; however, it has now been moved and will no longer be located under the pool. Mayor Krebsbach, in regards to the hill discussion, stated that it does not seem that the building is being designed to take advantage of Dodge Nature Center, other than the tenants who face it. She stated she would like the design to reflect that it is next to the Dodge Nature Center. If they would design the building so that it fits in better, she would be more inclined to approve it. She agreed that they have a good building for the tenants with the common space, the pool; however, it also has to work for the City. Continued discussion of the proposed grade, elevations, and design occurred. Mayor Krebsbach requested some additional visualization be provided, with particular focus on the grading and the views. The architect agreed to provide this additional information. Councilmember Povolny noted that the southeast corner of the building is proposed to be 70 feet tall and asked how the fire department would be able to reach a fire at that height. The reply was that the 70 -foot tall portion is actually on the front side of the building and there would be a sprinkler system in the building. Councilmember Povolny again noted that there is no way for a fire truck to get to the back of the building and they do not have 70 -foot ladders. The architect agreed to provide more information on this, especially since the Dodge Nature Center brought up the same concern. Planner Wall also agreed to speak with the fire department to ascertain how they would access the back of the building. Councilmember Petschel asked if there were any specific soundproofing plans for this building. The reply was that the insulation factor is really high in this building. They are using 2x8 exterior walls and filling the cavities with insulation. The siding itself actually works for mitigating noise, and an upgraded window will also be installed. On the roofs, the code standard is an R23 and they typically put in an R38. The majority of the dryer vents would be coming out of the side of the building with a few pieces of rooftop equipment. They generally try to keep the penetrations in the top of the building to a July 6, 2016 Mendota Heights City Council Page 12 minimum. The walls are double -stud walls and are filled with insulation. They are very careful about putting junction boxes or outlook boxes back-to-back to prevent sound transfers and they put those on the sound acoustical plates and fill the cavities. It is a highly engineered system to make sure that the sound does not go through. Councilmembers asked additional questions regarding the width of the corridors, location of elevators and stairs, and other egress issues. Councilmember Duggan requested that they do their best to make the parking to a ratio of 2.0, rather than 1.3 or 1.6. Councilmember Norton asked, in the original concept that was brought forward, if there was a two apartment building option. It was confirmed that there was a two apartment building option included in the original concept plan. Councilmember Petschel moved to table the MENDOTA PLAZA SECOND ADDITION CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT AMENDMENT, PRELIMINARY/FINAL PLAT, AND WETLANDS PERMIT. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 E) CITY BUDGET INFORMATION / SET BUDGET WORKSHOP DATES City Administrator Mark McNeill explained that staff was seeking direction on setting workshop dates for the preparation of the fiscal year 2017 budget. Staff is looking at having the budget workshops in August. The Council needs to adopt the preliminary levy and budget by September 30, 2016. Mr. McNeill shared the following points: • The City has retained its AAA bond rating, Minnesota have. which is something that only about 25 cities in • The City has also taken a couple of steps earlier this year to assure its long-term financial health. o Ehlers and Associates completed a 10 -year financial management plan. o Dealt with a couple of potential issues in terms of long-term capital items. • The tax base is growing. • From a legislative standpoint, the City is going to be able to at least get a bill introduced regarding fiscal disparities and try to change the language for which Mendota Heights has been a net contributor ever since that law was enacted. • The City has some funding challenges. o Funding for a Police Captain. o Moving the Engineering Department from a project based funding to a levy based funding. o Make a decision on the vacant engineering staff position. o Funding of long-term capital items. • Mendota Heights has uniqueness to it. It has large lots, lots of cemeteries, three prominent golf courses. • Mendota Heights runs a very lean operation. July 6, 2016 Mendota Heights City Council Page 13 Mayor Krebsbach moved to establish budget workshop dates for August 23rd August 25th, both to begin at 5:00 p.m. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The Night to Unite is scheduled for August 2. Information is on the City's website. • Summer Concert next week — Jazz on the Prairie. • Employment openings in the City are posted on the City's website, the League of Minnesota Cities, on Twitter, and on Facebook. COUNCIL COMMENTS Councilmember Duggan noted that the Lilydale City Administrator shared how wonderful our City staff is. In particular, Sharon Hinze, Ryan Ruzek, Rich Burrows, Nancy Bauer and John Mazzitello are friendly, helpful and welcoming to her. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:45 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith, City Clerk Judy 6, 2016 Mendota Heights City Council Page 14