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2021-11-16 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday,November 16, 2021 Pursuant to due call and notice thereof,the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller, were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Miller seconded the motion. Further discussion: Councilor Duggan commented that there is an item on the agenda, and he does not believe there is sufficient information to review it, He stated that he asked staff for additional information and that was not able to be provided. The additional information is related to an MU-PUD with a density of 21-30. He stated that he could not find any documentation that a Council body in a supermajority vote changed the zoning within MU-PUD to 21-30. He noted that his comments pertain to item 9c. on the agenda, and to the previously approved Mendota Plaza Phase IL He stated that if staff cannot find the documentation in relation to that significant change, he believes that any action should be delayed. He confirmed that he would like to amend the agenda to table item 9c. City Attorney Shana Conklin provided guidance on the process to amend the agenda which would need a majority vote. She cautioned against tabling item 9c., as it is important to be mindful of timelines and deadlines for review. She stated that if an item is tabled, a date should be specified as to when the item would be next reviewed. She stated that at the last meeting there was a motion to approve Phase II of the At Homes request, which passed on a vote of 3 —2. She stated that the Council has not yet considered the written findings and it is customary to review those findings at the next meeting. She stated that the Council does have until December 25ffi to make a final decision on the two cases. Councilor Duggan motioned to table item 9c. Councilor Miller seconded the motion. Further discussion: Councilor Miller asked how the City would not know where that information is. City Administrator Cheryl Jacobson replied that she received a call from Councilor Duggan at 9:45 a.m. today and staff only had a short amount of time to begin the research. She stated that discussions related to the 2040 Comprehensive Plan go back to 2016. Councilor Mazzitello asked the specific information that Councilor Duggan is looking for. Councilor Duggan commented that there would have to be a statement and super majority vote of the Council to change zoning of that significance. He stated that if the City does not have the documentation, he is unsure how the informnation would be right. Mayor Levine commented that she is confused by that statement as the Comprehensive Plan was approved by a unanimous vote of the Council. She stated that the Comprehensive Plan now exists, and the MU- PUD provides the flexibility as previously discussed. . Councilor Duggan commented that he is unsure what the hurry is and suggested to wait an additional two weeks for staff to gather that information. Councilor Paper asked what is missing. He asked if the information is in the Comprehensive Plan. Councilor Duggan commented that the information is stated in the Comprehensive Plan, but that does not make it right. He commented that he has found no references to establish that the statement is true and real. He stated the resources should be made available for review. Councilor Paper asked the document that Councilor Duggan is requesting. Councilor Duggan replied he would like to see a motion where the change in density occurred for MU- PUD to 21-3 0. Councilor Mazzitello commented that the change occurred when the Comprehensive Plan was adopted. Mayor Levine commented that the City has an approved the Comprehensive Plan that guides the decisions of the Council. She stated she will not support the motion to amend the agenda and does not believe that is an appropriate allocation of staff resources. Councilor Mazzitello asked why the minutes of the Council meeting approving the Comprehensive Plan would not be sufficient. Councilor Duggan clarified that he is looking for a document signed by the Mayor and City Clerk stating that there was a motion, second and approval to change the zoning density for MU-PUD to 21-30. Councilor Mazzitello stated that the changes to the zoning were approved through the approval of the Comprehensive Plan. He suggested that the Council vote on the motion. City Attorney Conklin commented that it would be appropriate to have a vote on the motion. She stated that the minutes would reflect the vote of the Council in regard to changes to the Comprehensive Plan. She believed that the copy of the Comprehensive Plan that she has is the true form adopted by the Council. She stated that it would be the decision of the Council whether it feels additional information is needed to review item 9c., or whether there is sufficient information available. November 16, 2021 Mendota Heights City Council Page 2 of 19 Councilor Duggan commented that he is not discussing the approval of the Comprehensive Plan but would like to see a document internal to the plan that states that the City moved to change the zoning density in MU-PUD to 21-30. City Attorney Conklin stated that within the Comprehensive Plan it lists the density of MU-PUD as 21- 30. She stated that the same language is not in the City Code. She clarified that there is a lot of information in the Comprehensive Plan that is not codified in Code. She stated that the density is in the Comprehensive Plan that she has reviewed. She could not speak to the internal staff documentation. Councilor Duggan asked how the Council could move forward without a reference. City Attorney Conklin commented that Community Development Director Tim Benetti is not present tonight to provide the background context, therefore it was difficult for staff to respond to a request from earlier today. She asked that the Council move forward to vote on the motion to amend the agenda. Mayor Levine called the vote on the motion to amend the agenda, and table item 9c. Ayes: 1 (Duggan) Nays: 4 The motion failed. Mayor Levine called the vote to approve the agenda as presented. Ayes: 4 Nays: 1 (Duggan) CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented, pulling items h. and k. a. Approval of November 3, 2021 City Council Minutes b. Acknowledge October b, 2021 Parks and Recreation Commission Work Session Minutes c. Acknowledge October 12, 2021 Parks and Recreation Commission Meeting Minutes d. Acknowledge Amended Contract for the Mendakota Park Field Grading e. Approve Resolution 2021-88 Accept a Donation for Trees at Victoria Highlands Park f. Approve Wetland Exemption and No-Loss for the Ridge Place Sanitary Sewer and Streambank Stabilization Project g. Approve Resolution 2021-89 Certifying Delinquent Sewer Accounts h.. A e uo of fien 2021 90 Certifying DelinquepA Water AceeurAs i. Approve Community Waste Abatement Agreement with Dakota County j. Approve Settlement Agreement and Sanitary Sewer Connection Agreement for 2535 Condon Court k. ge-che Oe obef avity Rep 1. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 November 16, 2021 Mendota Heights City Council Page 3 of 19 PULLED CONSENT AGENDA ITEMS H) APPROVE RESOLUTION 2021-90 CERTIFYING DELINQUENT WATER ACCOUNTS Councilor Duggan questioned the balances of less than $100 and why the residents would accept an additional late fee of$50 plus interest to be added onto that balance. Finance Director Kristen Schabacker commented that it is in the Code that if a property owner is late by more than two quarters, they are charged the associated fees and the balance is certified to the County. She stated that property owners are notified and then have 30 days to provide payment before the certification occurs. Councilor Duggan moved to adopt RESOLUTION 2021-90 CERTIFYING DELINQUENT WATER ACCOUNTS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 K)ACKNOWLEDGE THE OCTOBER BUILDING ACTIVITY REPORT Councilor Duggan commented that people want to live in Mendota Heights. It is a growing community, and that is great to see. Councilor Duggan moved to acknowledge THE OCTOBER BUILDING ACTIVITY REPORT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 It was the consensus of the Council to consider Presentations prior to Public Comments. PRESENTATIONS A) FIREFIGHTER BADGE PINNING Fire Chief Dave Dreelan presented the following new firefighters: Michael Agan,Jeff Bostic,Luke Olson, David Perrault, Steve Reamer and Dustin Truesdell, and new Captain Dan Willems. Mayor Levine completed the ceremonial swearing in. The badge pinning took place. PUBLIC COMMENTS Bernard Friel, 750 Mohican Lane, stated concern with the reporting in Friday News about the Council proceedings of November 3`d. He stated that is an important mews source for the community. He stated that it should have also been noted that the Planning Commission recommended denial and the amount of the public that commented. He reviewed other details that he believes should have been included in the report. He recognized that the Council has discretion of the zoning standards which would include the ability to reject the proposal. He hoped that the reporting of tonight's proceedings will be more complete. November 16, 2021 Mendota Heights City Council Page 4 of 19 Bruce Bobbett, 2454 Hampshire Court, stated that he received his property tax statement the previous day which he believed increased by nine percent. He urged the Council to attempt to lower the tax rate prior to final adoption in December. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-91 APPROVE WETLANDS PERMIT FOR 2452 POND CIRCLE EAST (ERIK AND SARAH IVERSON) PLANNING CASE NO. 2021-18 Public Works Director Ryan Ruzek explained Resolution 2021-91, approving a wetlands permit for 2452 Pond Circle East, for the owners Erik and Sarah Iverson. Councilor Miller asked who the applicant spoke with when they called the City originally, asked if there is a process that includes looking up details of the site before giving approval.. Mr. Ruzek replied that he spoke with the applicants. He stated that dead, diseased, or dying trees are allowed to be removed. He stated that when he visited the site there were many dead trees observed on the site. Councilor Miller asked for details on where the wetland buffer exists. He asked why the applicants were not made aware, at that time, of where the buffer exists and the necessary permits that would be required. Mr. Ruzek replied that when the applicant called, staff was made aware that dead and diseased trees were being removed. He stated that staff was not made aware of the larger scale of work. He stated that when the City observed the work that was occurring, a stop work order was issued and the applicant was advised of the permit that would be needed. Councilor Miller commented that he sees a difference between a dead tree and a tree that may be dead in the future. Mr.Ruzek stated that the City does allow the removal of ash trees because of emerald ash borer infestation. He noted that if a property owner waits until the ash tree is dead,it is more difficult to remove. Councilor Miller commented that he is not an arborist but has an understanding of the different types of trees. He believed that there should be some time of review to ensure the proper trees are being removed. Mr. Ruzek commented that if someone wanted to remove one buckthorn plant within the buffer, he is unsure that a wetland permit would be needed. Councilor Miller commented that it would seem the City allowed the applicant to begin work on the project without the oversight of what is being cut and where it is being cut. Mr. Ruzek commented that no removal occurred within the 25-foot buffer. He confirmed that a site visit was completed after the tree removal was completed and he displayed the associated photos. Councilor Miller asked the number of trees that were cut. Mr. Ruzek replied that about 30 trees were cut varying in size. Councilor Miller asked the status of the silver maple that was removed. Mr. Ruzek confirmed that the tree was alive but was hanging over and was a danger to the home. November 16,2021 Mendota Heights City Council Page 5 of 19 Councilor Mazzitello acknowledged that trees were not removed from the buffer area but asked if there was land disturbance in that area. Mr. Ruzek replied that he was not aware of any land disturbance within that 25-foot buffer area. He stated that the project is about 50 feet from the wetland. Councilor Mazzitello stated that he would assume that things were not growing in the non-vegetated area of the backyard because of the large over story trees. He noted that the applicant's plan would landscape the backyard. Mr. Ruzek commented that the previous homeowner spread woodchips on the backyard. Councilor Mazzitello asked and received confirmation that the disturbance that occurred prior to the stop work was tree removal. Councilor Duggan stated that he understands the challenge of the person that owns the home along with the challenges for neighboring properties. He stated that the loss of shade from a tree does not just impact the property but can impact a neighboring property. He commented that it would seem that the process was not adhered to and suggested that a welcome wagon be done providing direction to people that purchase homes within the wetlands area in the fixture to ensure they are aware of the rules. Mayor Levine asked if the applicant is present. Mr. Ruzek stated that the applicant is out of town, but their contractor is present to address any questions. Tim Johnson, contractor for the applicant, stated that he is present to address any questions. Councilor Duggan asked if there would be controls for the stones going down to the pond. Mr. Johnson stated that the retaining wall work is at least 50 feet from the edge of the pond. He stated that an arborist was consulted about which trees should remain and which could be removed. Councilor Mazzitello commented that the Comprehensive Plan speaks of a desire to preserve surface water duality,plant native species and pollinator friendly species and therefore applications and requirements in the fixture will look different. He stated that when those Code regulations change, it will be important to inform the residents. He agreed that the rules should then be applied equally and fairly across the board. Councilor Mazzitello moved to approve RESOLUTION 2021-91 APPROVING A WETLANDS PERMIT FOR 2452 POND CIRCLE EAST. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2021-92 APPROVING A CONDITIONAL USE PERMIT TO AMEND MENDOTA PLAZA PLANNED UNIT DEVELOPMENT AND WETLANDS PERMIT FOR PLANNING CASE NO. 2021-12, THE NEW PHASE 11/58-UNIT APARTMENT BUILDING BY AT HOME APARTMENTS, LLC City Attorney Shana Conklin explained that at the November 3, 2021 meeting, the Council voted to approve this request with the direction for staff to draft related findings of fact. The Council was being asked to consider Resolution 2021-92 which would approve a Conditional Use Permit(CUP) authorizing an amendment to the Mendota Plaza Planned Unit Development, along with a Wetlands Permit to allow November 16,2021 Mendota Heights City Council Page 6 of 19 new work adjacent to an established wetland feature. Consideration of this draft resolution is only for the proposed Phase 11/58-unit apartment project by At Home Apartments. The proposed findings were developed consistent with the vote at the last meeting. Councilor Duggan asked for the percentage of greenspace and how it compares to what would be required. Ms. Conklin stated that she does not have that calculation but noted that question was asked and provided by the developer at the last meeting. Councilor Duggan stated that he asked about the greenspace at the last meeting and the developer identified those locations, which he did not believe were sufficient. City Attorney Conklin stated that if desired the developer could answer that question or the answer may be provided in the past materials. Councilor Duggan stated that he raised the issue of density earlier and was unsure that could be verified if the proper documents were not provided. City Attorney Conklin stated that she is unsure if that is a question, a statement to the Council, or just an opinion. Councilor Duggan commented that he has not been provided a record of the density code and therefore questions the veracity. City Attorney Conklin stated that the Comprehensive Plan does list the density of 21-30 for MU-PUD. She stated the vote to adopt the Comprehensive Plan was unanimous. City Attorney Elliott Knetsch stated that it appears Councilor Duggan is referring to the minimum lot area for the R-3 district which is set forth in the zoning ordinance at nine units per acre. He commented that the PUD is also in the zoning ordinance and allows the Council at its discretion to lower or increase the density. He stated that the Comprehensive Plan is a guide and is not the zoning ordinance. He stated that the Comprehensive Plan helps to develop questions such as density in PUDs. Councilor Duggan commented that it would appear they could go to the zoning ordinance to find supporting documents for MU-PUD related to density. City Attorney Knetsch stated that the PUD allows variation to the minimum lot size and density and that has not been changed by adoption of the Comprehensive Plan. Councilor Duggan stated that the 21-30 density range is being used in this case. City Attorney Knetsch confirmed that is correct and explained that range is provided as a guide within the Comprehensive Plan. He stated that the Council has decided that could be a density for the MU-PUD district. He stated that the zoning ordinance allows the Council to use the underlying district and vary that going up or down. He stated that the zoning ordinance has not been changed. Councilor Duggan commented that in the past the Council changed the density from 8.5 to nine units per acre. City Attorney Elliot Knetsch stated that he is not aware of where that change is shown in the zoning district and read the language that applied the minimum lot size in the R-3 district. Councilor Duggan stated that no one has explained how the City got to 21-30 units per acre in an MU- PUD. City Attorney Knetsch stated that it would have been part of the process to update the Comprehensive Plan. He clarified that the Council has discretion, under the ordinance, to determine the density in MU-PUD. He stated the Comprehensive Plan provides guidance to the Council when considering density and it would be the discretion of the Council whether to follow that or choose a different density. November 16, 2021 Mendota Heights City Council Page 7 of 19 Councilor Duggan asked if moving from nine to 21 is a significant change. City Attorney Knetsch stated that is not a legal issue but a policy issue. Councilor Duggan asked if there should be supporting documentation for that change. City Attorney Knetsch stated that if directed by the Council, staff could look into that question further. Councilor Mazzitello complimented staff for the drafting of the findings of fact as he believed it captured the discussion of the Council from the past meeting. Councilor Duggan provided a grammatical suggestion for item I, changing does to do. He also asked if this would absolve the City or developer related to traffic. He commented that this would be likely to exceed the maximum number of housing and population for Mendota Heights if this moves forward. He believed that supporting this request without answering his questions would be foolhardy. Councilor Paper asked if Councilor Duggan is attempting to find the specific meeting discussion to support his request. Councilor Duggan commented that would be helpful. He stated that it is a significant factor financially to add this number of people and households to the community. He stated that there is only one line in the Comprehensive Plan that states 21-30 density for MU-PUD, and he has not been shown any supporting documentation. He stated that in another finding PUD is referenced rather than MU-PUD. He referenced the item related to vacation of easements and dedication of new easements and asked if it should be specified that be done at the cost of the developer. He asked that this be delayed until there is further in- depth discussion on what it is that is being decided upon. Councilor Duggan moved to HOLD OFF ON THE FINDINGS OF FACT DOCUMENT UNTIL SUCH TIME OF AT LEAST ONE MEETING AND WHEN THERE ARE NO QUESTIONS. Councilor Miller stated that he cannot second the motion as he does not agree, but also does not agree with the findings of fact. He believed that it was worth voting on and asked that such a vote be taken in a roll call manor. The motion died for lack of second. Councilor Duggan commented that no one has addressed the questions or issues he has raised. He provided an example of the use of PUD versus MU-PUD. Councilor Mazzitello commented that the title of the resolution is a Conditional Use Permit to amend the 2009 Mendota Plaza Planned Unit Development, therefore PUD is appropriate, and MU-PUD is not necessary. Councilor Duggan asked where within the resolution MU-PUD is specified. Mayor Levine stated that the PUD is the agreement between the City and developer whereas the MU-PUD is the land designation for the property. Councilor Mazzitello noted that finding of fact D. calls out the MU-PUD. November 16, 2021 Mendota Heights City Council Page 8 of 19 Councilor Duggan referenced the second whereas statement and asked if any residents outside of the apartment buildings can enjoy the amenities provided onsite. Mayor Levine commented that this would be the home of the people that live within the apartment complex and that does not mean the public can use the property. She stated that the residents of the two buildings would share amenities and that there is an intent to create community between the buildings. Councilor Duggan stated that he will be voting against this because there are too many inconsistencies. Councilor Mazzitello moved to adopt RESOLUTION 2021-92 APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT — FINAL DEVELOPMENT PLAN AND WETLANDS PERMIT TO LOT 1, BLOCK 1, MENDOTA PLAZA EXPANSION SECOND ADDITION (PLANNING CASE NO. 2021-12). Councilor Paper seconded the motion. A roll call vote was performed: Mayor Levine aye Councilor Duggan nay Councilor Mazzitello aye Councilor Paper aye Councilor Miller nay The motion was approved 3-2. C) CONTINUED CONSIDERATION OF PLANNING CASE NO. 2021-13, A CONDITIONAL USE PERMIT TO AMEND MENDOTA PLAZA PLANNED UNIT DEVELOPMENT FOR NEW PHASE I11/89-UNIT APARTMENT BY AT HOME APARTMENTS, LLC Mayor Levine noted that at the previous meeting the applicant was not allowed to make a presentation before this item was tabled. She asked the applicant to come forward at this time. Leanna Stefaniak, At Home Apartments, appreciated the opportunity to provide the presentation. She stated that she is a resident of Mendota Heights and At Home Apartments is a locally owned property management and development company that has specialized in multi-family homes for the past 30 years. She explained that Mike Cashill, a lifelong Mendota Heights resident, started his business with his business partner Allen Spalding right out of college. She stated that they started the business and completed all the work themselves and as they started to grow, they hired their first employee, also a Mendota Heights resident. She noted that since that time the business has continued to grow, providing homes to over 5,000 people in the metro area including Mendota Heights. She referenced lot seven would be a standalone project and would not be run in conjunction with The Reserve. She stated that this would have a different feel and experience but would still maintain a high amenity and luxury feel marketed towards young professionals. She stated that living in a safe first ring suburb is a priority for young professionals and there is currently not a housing market within Mendota Heights for that population. She stated that the most recently built apartment homes are geared towards older,more affluent residents. She stated that the average home price in Mendota Heights is over $100,000 more than those in Eagan. She stated that they are hoping that this product would fulfil that market need in the community for young November 16, 2021 Mendota Heights City Council Page 9 of 19 professionals. She stated that the location for this project would be attractive for young professionals because of the proximity to retail, restaurants, and the freeway. She stated that this would be the only parcel to allow this type of housing. She understands that there have been some concerns related to the size of the building. She noted that they have been listening as they submitted applications in May proposing 113 units for the site. She stated that from the original comments, they edited and reduced the unit count by 22 percent to 89 units. She stated that there is no height restriction for an apartment building within R-3, but they kept the height to four stories, which includes part of the parking. She stated that there has been some concern mentioned with the unit size. She noted that there are 18 one-bedroom units proposed below the previously referenced size of 750 square feet. She stated that apartment unit design has changed a lot in the past 40 years, and they can provide a lot within that size. She stated that there is a very strong demand for the smaller units, especially for young professionals because of affordability. She stated that the average price would be $2 per square foot therefore there is a cost difference of$200 per month between 650 and 750 square feet. She noted that is a meaningful difference for someone just starting out. She stated that they would not design something that would not be well received by the residents that they are attempting to provide housing for. She asked that the architect be provided the opportunity to speak about the building design. Pete Keely, project architect, commented that this building would be marketed to young professionals which would be a way to add to the community. He stated that they have learned a lot at The Reserve and what is considered community. He noted that they would take the things they learned about community and bring those to lot seven to provide for a younger renter. He stated that the people that have come to The Reserve are more affluent and some of those units are too small for those residents, therefore phase 11 addressed that concern. He noted that they also learned that there were some units that were not affordable and therefore they looked to reduce that price point while still providing luxury and amenities. He stated that on average the units are a bit smaller, which will create a reduction to the rent. He noted that there are residents from Mendota Heights that have moved to At Home Apartment buildings in neighboring communities such as Eagan because the product type does not exist here. He provided photographs for the community spaces that would be provided for, including outdoor living spaces. He stated that they believe that outdoor living spaces are a great way to create a sense of community and provide additional space for residents to gather. He provided details on the high-end finishes that would be provided. He stated that he believes the idea of The Reserve,Phase II, and lot seven are complimentary and are in a location that appeals to young people because of the walkability as well as providing a range of desired housing products. He also provided photos of the inside of the units with the high-end finishes. He referenced the comments made at previous meetings related to spacious and gracious. He noted that while that is a great concept, it is not affordable to all. He stated that this would provide another housing product type that is desired in this community. He provided renderings of the u-shaped building, highlighting the different building materials. He stated that they complement the look of The Reserve but provide a separate identity. He stated that this is a great opportunity to create luxury units at a slightly different scale and price than The Reserve and Phase II. He stated that there is a need from the local business community to have people to support those businesses. Councilor Duggan asked the number of balconies. Mr. Keely replied that he can count and provide that number. Councilor Duggan stated that the ordinance calls for storage space and asked the size of the storage space for a one bedroom compared to a two bedroom. Mr. Keely replied that all the units have storage spaces including storage closets, entry closets, pantries, and walk in closets. He stated that they have not gotten to the phase of unit development. November 16, 2021 Mendota Heights City Council Page 10 of 19 Councilor Duggan stated that the ordinance specifies 50 square feet for storage and asked if that will be ignored because this is under a PUD. Mr. Keely replied that he will let the Council discuss the ordinance. He stated that the storage would be about 50 square feet. Councilor Duggan asked the size of a one-bedroom unit. Mr. Keely stated that the 89-unit building has 18 one-bedroom units with an average size of 674 square feet, 23 medium one-bedroom units with an average square footage of 772, and 18 large one-bedroom units with an average size of 864 square feet. Councilor Duggan asked the size of the two-bedroom units. Mr. Keely replied that there are one bedroom plus den units with an average square footage of 906 and 27 two-bedroom units with an average square footage of 1,119. He stated that these averages are slightly smaller than The Reserve and what was proposed for Phase H. Councilor Duggan asked the average rent for a one bedroom. Ms. Stefaniak stated that the average rent per square foot is $2, which is a blended average. Councilor Duggan stated that at the last meeting he asked about greenspace and how the building would fit in the community. He stated that greenspace was identified on the map, but he would appreciate if a three-dimensional rendering were done. Ms. Stefaniak stated that she does not have the exact calculation of green space for lot seven, noting the different areas on the parcel. She stated that there have been a lot of comments about greenspace and public open space. She stated that they are providing greenspace for the utilization of their residents. She stated that lot seven was not intended to be open space, public space or greenspace and was always intended to be developed. She stated that it was never intended to be held as a public park or place for public gatherings. She stated that the site was never owned by the City and was always intended to be developed. Councilor Duggan stated that all buildings require greenspace around them. Ms. Stefaniak commented that there will be ample greenspace for the residents of the building. She stated that there are also walking trails to connect to the larger greenspace areas and parks in the area. She stated that this will provide connectivity that is lacking. Councilor Duggan asked the integration plans for the building proposal and the surrounding community. He stated that The Village along the north side of Highway 62 has music in the park in a defined greenspace. Ms. Stefaniak commented that greenspace is owned by the City. She stated that in 2016 she was asked if she would be open to hosting music events in the greenspace in front of The Reserve. She stated that she offered the space for an event that is organized by the City. Ms. Stefaniak stated she respected the right of residents to comment at a public meeting. She stated that there were also many people that emailed, called, or sent letters supporting this request. She commented that it is important to hear that there are members of the community that support this development. She stated that there has been discussion and rumors that these projects have never been talked about. She stated that these applications were submitted earlier this past spring, they met with City staff, and talked to members of the Council individually. She stated that they have continued to show up at the meetings and use the feedback and dialogue. She stated that the building was already reduced in size by 22 percent to better fit the parcel. She requested that the Council table the vote on this matter until January, and in November 16, 2021 Mendota Heights City Council Page 11 of 19 the interim, they would like an official work session of the City Council to be held to discuss size and scope of the project. She stated that the market information that she has provided does not seem to satisfy the concerns of size and scope. She stated that if the Council agrees, she has a letter to request an extended review period. She understands that Councilor Duggan may not be present at the Council meetings in January or February but would like him to be a part of the discussions. Mayor Levine stated that the applicant is requesting to table. City Attorney Conklin stated that the applicant has requested the Council table the request and that could be done by motion to table,indicating a date at which it would come back to a Council meeting. She noted that the date can be selected as a placeholder and it can be adjusted in the future. Councilor Miller stated that the emails read by Ms. Stefaniak are part of the public record but noted that he has not seen the thick list of emails supporting the project that the applicant has. Ms. Stefaniak stated that she printed the emails from the staff report and Council packet. Mayor Levine commented that the emails start at page 3 87 of the Council packet. Councilor Miller stated that from the emails that he received he only saw four emails in favor of the project along with the one verbal comment from a resident on November 3ra Councilor Mazzitello asked if these discussions at the work session would include Ms. Pastor and the other elements of the Plaza other than lot seven. Mayor Levine commented that given that the applicant has requested that the matter be tabled, it would make sense to gather input on what the next iteration might be. Councilor Duggan stated that the 89-unit building was not discussed by the Council at the last meeting. Councilor Mazzitello stated that there is a request from the applicant and there has not yet been a motion made. He stated that a number of people came tonight to speak about the development of this lot. He stated that if applicant would like to table the matter to further discuss, perhaps it would make sense to allow public comments on what the residents would like to see on lot seven. Councilor Mazzitello stated that a number of the comments received talked about wanting the Plaza to have better walkability, greenspace, and a public space. He understands that this is private property and he asked if Mr. Pastor would be open to discussing potential improvements across the PUD. Howard Pastor, Pastor Properties, stated that they would be open to the idea and suggestions on how the property could be made better. Mayor Levine commented that she did not want to hear people's prepared remarks on the proposed plan as that may change. She asked for a motion as a way to move forward. She stated that the public input would be guided by the proposed motion. City Attorney Conklin stated that the project can only be extended with the consent of the applicant. She asked for that clarification from the applicant before a motion is made. November 16, 2021 Mendota Heights City Council Page 12 of 19 Ms. Stefaniak stated that the current review period ends on December 25, 2021 and her request would be to extend that review period by an additional 60 days to February 23, 2022. Mayor Levine asked if Councilor Duggan would be in town during that timeline. Councilor Duggan commented that if he were in Arizona, he would not have a vote. Mayor Levine stated that she would like to select a date that would allow Councilor Duggan to attend. Councilor Duggan stated that if he can attend, he will, if not,he will not. It was confirmed that Councilor Duggan would be at the first meeting in January. Mayor Levine asked for a motion to table and noted that input would then be allowed from the public after this motion. Councilor Paper moved to table Planning Case 2021-13 (Phase 111189-unit apartments) to the January 4, 2022 Council meeting. Councilor Mazzitello seconded the motion. Councilor Miller commented that he believes there is a motion on the table continued from November 3, 2021 meeting. He stated that he is addressing the motion he made at the outset of the November Yd discussion, which denied both cases 2021-12 and 2021-13, which was seconded by Councilor Duggan. He stated that he never withdrew that motion. Mayor Levine stated that the motion was amended on the bottom of page 20 of 22 of the minutes of November 3r1. She confirmed that the only pending action at this time is the motion to table. Councilor Paper amended his motion to include the time of 6.00 p.m. at the Mendota Heights City Hall. Councilor Mazzitello agreed to the amendment. Ayes: 5 Nays: 0 Mayor Levine invited the public to speak. She noted that if a committee is formed to meet with At Home Apartments, only two members of the Council could participate. Councilor Duggan volunteered as did Councilor Mazzitello. Mayor Levine briefly recessed the meeting. Mayor Levine reconvened the meeting. Mayor Levine commented that the intent of the public input is to provide input to the applicant and Pastor Properties about what they would like to see. Bernard Friel, 750 Mohican Lane, commented that it is unreasonable to think the members of the public are in a position to make specific suggestions about this. He stated that the proper procedure would have been for the developer to present a concept plan before developing a plan. He stated that the applicant November 16,2021 Mendota Heights City Council Page 13 of 19 stated that it was never intended that the bonfire area be a park area and he noted that the site was never intended to be an apartment building. He noted that there seemed to be input missing from the Chief of Police related to traffic.He stated that Councilor Mazzitello's effort at the last meeting to establish a traffic committee was surprising as the City already has a traffic committee. He did not believe an additional group was needed. He stated that the county has been conducting an update to the roadway system visioning study which includes this portion of Mendota Heights, but there is no Mendota Heights project on the list.He referenced the plat of lot seven,noting that the west side of the lot uses up half of the private drive, the alleyway which is access to the Plaza and employee parking, and all of South Plaza Way. He stated that the developer and Mr. Pastor are utilizing those areas to support two functions, the streets and added lot space. He commented that the usable space is less than described. He stated that it was suggested at the Planning Commission that the space could be used as open space for public use. He stated that the original purpose of a PUD is not to maximize development but to maximize open space by clustering housing. He stated that he has submitted a memo raising questions about these projects which has been ignored as has the recommendation of the Planning Commission. Councilor Duggan stated that he would ask that those memos be included in the public record. City Attorney Conklin stated that if there is a consensus, the City can include those in the public record. Gary Fishbach, 2150 Fox, stated that the Council is avoiding the issues with Dodd Road. He stated that he did not hear anything about consulting MnDOT. He stated that this avoidance of traffic impacts Friendly Hills. He asked why MnDOT is not being brought into the conversation. He stated that this Council will have a traffic jam named after it. He noted that three members are up for reelection this fall. Janine Joseph, 1915 Welsh Lane, stated that she is going to write a letter to detail her thoughts. She stated that she thinks about the communities around and stated that she does not want Mendota Heights to be Eagan. She stated that she looked at the Mendota Heights website and did not see anything about city charters or guiding principles of the city. She believed that a committee should be put into place to create such documents. She stated that people are not against young people living in the community. She stated that people live in Mendota Heights for a reason and these types of developments ruin the reason people like living here. She stated that changes need to be made with a mission statement and guiding values. Kate Christensen, 2280 Ocala Court, stated that apartments are a reasonable use of the land, but the scale needs to be modified to fit on the site. She stated that the perimeter lot roadways are included in the lot size. She stated that if removing the roadways there would be 1.6 acres which is smaller than the land for Phase 11,with a larger building. She noted that the smaller lot size would impact other factors of the design. She stated that the footprint of the building needs to be reduced. She referenced the building height,which is 59 feet tall and a minimum of two full stories taller than other multistory buildings in the area. She stated that the neighboring buildings are one story. She stated that the packet did not include perimeter sidewalks which are needed for walkability. She stated that Mendota Heights resolved to be a GreenStep City and this proposal would not meet the GreenStep model. She stated that the landscape plan for lot seven was not thoroughly vetted because of lack of time. She stated that the landscape does not meet the requirements of the Comprehensive Plan. She stated that if the building were smaller, there could be additional trees. She stated that the Council should negotiate and work with the developer to find out what works. November 16, 2021 Mendota Heights City Council Page 14 of 19 John Maczko, 751 Cheyenne Lane, stated that the City must state what it values and make the developer work within that. He stated that he supports the ability for the property to be developed but that does not mean the area cannot be inviting and walkable.He stated that taking a step back to review the overall PUD would be a good idea. He stated that people want a place to gather and restaurants and perhaps there needs to be discussion on what needs to occur in order for that to happen. He hoped that a solution could be found that works for all parties. Councilor Duggan suggested that a resident from the community be appointed to the committee as well and noted that Mr. Maczko might be a good fit. Jinn Losleben, 815 Hazel Court,referenced the CUP ordinance and stated that the problem that exists now is traffic. He commented that it is the responsibility for someone to provide a safety presentation. He stated that he was disappointed that the recommendation of the Planning Commission was not followed. Bruce Bobbitt, 2455 Hampshire Court, stated that this is private property and recognized that the owner and developer need to make money. He noted that the question is how. He stated that it was known that this was going to be developed for years but this sudden change progressed quickly.. He stated that the current plan is too big noting that this would overwhelm the Plaza. Tamara Will, 788 Hoca Avenue, referenced the comments that were made related to social media discussions. She stated that the City is failing its residents in not letting people know what is going on in a broader scale. She stated that she lives right behind The Plaza, and she was shocked when this came up. She asked the notification period. Councilor Duggan stated that properties within 350 feet are notified. It was confirmed that is sent by mail. Ms. Will commented that something needs to be done to alert more people and allow them to provide input. She stated that Mendota Heights is a bedroom community and she doubted whether young professionals would be attracted here. She referenced the estimated number of trips related to traffic from 2016 and asked if the statement was made that a lesser use could not be denied. She stated that she heard from a previous candidate for City Council that as you increase density, there are services that need to be provided for and there is not much of an increase in tax base once the cost for services was deducted. Jill Smith, 625 Hampshire Drive, agreed that the area of the perimeter streets is being used in the usable space calculations for the development. She stated that this is a huge deviation and compromises the standards in the zoning. She understood that MnDOT is willing to work with cities but will not pay for solutions. She asked if this is something the City wants to take on. She noted that most of the traffic problems are during rush hour on Hwy 62 and Dodd Road, which will not go away and should be considered when looking at traffic counts. She stated that she would like to see a perspective drawing of the four-story building behind the one-story shopping center. Andy Brenny, 766 Creek Avenue, stated that she shares the concerns about traffic and safety for pedestrians. She commented that applicants should be treated fairly and recognized that the land has rights to be developed. She asked the Council to be fair to those that live close to this property. She noted that the scale of the building is alarming to her as she would see a four-story building from her window. She stated that she would appreciate a three-dimensional rendering and appreciated the motion to table. She stated that perhaps there is confusion on who makes the decision in a MU-PUD as she got the impression that it was the sole decision of the Council. She asked that be clearly stated. November 16, 2021 Mendota Heights City Council Page 15 of 19 Randy Swenson, 775 Creek Avenge, stated that he finds it curious that the reap being shown ends at South Plaza Drive, like everything south of that is nothing. He identified the subject property, South Plaza Drive, and his home. He stated that the subject site is 250 feet from his property. He stated that he can hear the trash dumpsters emptied and snow plows from the site. He stated that he did not see how adding this use would make it better. He empathized with the developers but believed that this is too big for the site. He stated that fine dining would be a great use for the site. He asked if Dodge Nature Center or Dakota County would be interested in making that a site for a pollinator garden or water runoff. Anthony Herbert, 2158 Fox Place, stated that many of his concerns are related to traffic, the look of the building and the size and scale of the building. He stated that he has seen the city grow, while Dodd Road has remained unchanged. He respected the motion to table and the rights of the property owner to develop the property. He recognized that the City has a responsibility to its residents and traffic and safety are concerns. He noted that there should be a plan to fix Dodd Road rather than adding to the problem. Brian Udell, 1715 Lansford Lane, stated that he is a geographer and has focused on urban development and growth and how best to manage it. He stated that Mendota Heights has a donut hole effect as it is the lowest density municipality in the region. He stated that when that occurs, the demand for growth increases and creates worse traffic on a regional scale because development builds up around Mendota Heights and people use Mendota Heights to travel through. He stated that you cannot control the growth of the metro and surrounding communities and attempting to exert that control on Mendota Heights makes the problem worse. He stated that Mendota Heights is a low-density city, and this proposal is a medium sized apartment building. He hoped that the details could be worked out and the fear that this will turn Mendota Heights into a dense area is a stretch and does not make sense. He stated that he manages a team of 24 IT professionals at a small tech startup that are between the ages of 23 and 30 and they all Iive in apartments in first ring suburbs. He stated that younger people do want to live in Mendota Heights but they cannot find a place to Iive. He stated that there is a demand for these apartments and this would be a good fit. He stated that cities change and evolve with the people. Beth Olson,2153 Fox Place, stated she believed a better proposal would be developed. She stated the City has guidelines that should be followed and if not, there should be a legitimate reason why. She stated that she also has traffic concerns and recognized that the State would need to be part of that process. Mayor Levine thanked the residents who provided input. She believed that it was helpful for the applicant and Council to hear from the public as that perspective is valued. D) MOUND REQUEST FOR VICTORIA HIGHLANDS FIELD Recreation Program Coordinator Meredith Lawrence provided background information on the case. The City received a request from the Mendota Heights Athletic Association (MHAA) to install a permanent mound on the City owned ball field at Victoria Highlands Park. Councilor Miller asked for a comparison of fields that can be used for both baseball and softball compared to those that can only be used for one purpose. November 16, 2021 Mendota Heights City Council Page 16 of 19 Ms. Lawrence reviewed the available field locations that can be used for both softball and baseball while Hagstrom and Civic Center can only be used for baseball. She stated that Mendakota is used for softball by MHAA, and sometimes Ivy Hills, but otherwise they use West St. Paul fields for softball. Councilor Miller stated that if this permanent adjustment were made, it would result in six multi-purpose fields compared to three baseball only fields. Mayor Levine stated that there are different age groups and asked if all ages need mounds for baseball. Ms. Lawrence was unsure how MHAA operates. Councilor Paper commented that the use of mounds starts at age nine. Councilor Mazzitello asked if the cost of$4,500 would be the total cost or the City's share. Ms. Lawrence replied that would be the total cost which would then be split between the City and MHAA. Councilor Paper stated that he was concerned about equity, as once the mound is installed,the field could not be used for softball. He stated that there are many portable mounds that would work but as kids get older, around the age of 12, they start to outgrow the temporary mounds. He stated that a clay mound would provide a proper landing space and would be safer for the players. He stated that this project is a terrific opportunity to work in partnership with MHAA volunteers in the spring because the clay material is available in bags and MHAA.has the volunteers to help. He encouraged the City to work with MHAA. Ms. Lawrence replied that staff is not recommending that this be a volunteer project. She recommended that this installation of a permanent pitching mound be contracted out. Public Works Director Ryan Ruzek commented that the City is not setup for volunteer worker. He stated that former mounds have been constructed and the City would prefer to keep that separate. He noted that there have been a number of comments related to the grading of the infields and grading would be included with this project. Councilor Paper asked if this would be closed to volunteers. Mr. Ruzek confirmed that is the recommendation of staff. Councilor Paper asked what the City would need to do in order to engage volunteers for projects. Ms. Lawrence stated that the City is in the process of establishing a volunteer program next year. She stated that this is not a simple project and that contracting it out would be the best method for this project. Councilor Miller asked the primary age group that uses this field. Councilor Paper believed this field is used for 12-year-old children. Recreation Program Coordinator Meredith Lawrence stated that it is her understanding that I I-year-olds use Hagstrom, 12-year-olds use Victoria Highlands and 13-year-olds use Civic Center. Councilor Miller commented that with the knowledge of the users of the field, it would make sense to make the improvement. He recognized that it would take it out of use for softball but noted that softball is not using that field currently. November 16, 2021 Mendota Heights City Council Page 17 of 19 Councilor Mazzitello asked how frequently this field is used for softball. Ms. Lawrence stated that MHAA baseball uses the field along with children and parents using the field together. Mayor Levine commented that this Meld is in the middle of a neighborhood, and was not going to support the request but would like to support the unanimous vote of the Park and Recreation Commission. She stated that perhaps the residents in that area should be consulted. Ms. Lawrence stated that if desired, staff can send a letter to residents in that area in attempt to gather input. She noted that the temporary mounds used by MHAA are aging. She stated that West Saint Paul uses much larger temporary mounds. Mayor Levine stated that she would be more comfortable asking the neighbors for input and looking at a temporary mound. Councilor Mazzitello agreed with Mayor Levine. Councilor Duggan moved to DIRECT STAFF TO CONTINUE TO RESEARCH THIS REQUEST AND REPORT BACK TO THE COUNCIL IN DECEMBER OR JANUARY. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events in the city. COUNCIL COMMENTS Councilor Duggan congratulated all those elected to the School Board. He wished everyone a happy Thanksgiving and asked that all evening walkers wear reflective gear. Councilor Paper congratulated the new firefighters and the new Captain. He congratulated the local fall sports teams. He wished all the schools luck in the winter sports season. He thanked the veterans for all they have done. He recognized a public works employee that was caught going above and beyond in the community. He appreciated the excellent work of City staff. Councilor Miller recognized and thanked Ms. Lawrence for her time, effort, and energy that she put into a recent presentation to the Council. Councilor Mazzitello stated that two weeks ago there was a very controversial topic that continued onto tonight's agenda. He noted that many people had heated tempers, including himself. He apologized to the other members of the Council, staff and the public and noted that he will try to do better. He echoed the comments of thanks to veterans, which is less than one percent of the population of the country. November 16,2021 Mendota Heights City Council Page 18 of 19 Mayor Levine thanked the new firefighters and Captain for their service to the community. She thanked the members of the Council and staff for the time and effort they have taken to work together over the past few weeks. She thanked the members of the community that call, email, and show up to meetings. The Council must use that information to make a decision that is best for the community. She stated that the input of everyone is valued,whether their desired outcome is reached. She stated that the Council take their jobs seriously and she is open to any comments via phone or email. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 10:39 p.m. ATTEST: Stephanie Levine Mayor Lorri Smith City Clerk November 16, 2021 Mendota Heights City Council .Rage 19 of 19