2009-01-06 City Council minutesJanuary 6, 2009
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 6, 200'
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota
Heights, Minnesota.
OATH OF OFFICE
CALL TO ORDER
PLEDGE OF ALLEGIANCE
AGENDA ADOPTION
Ayes: 4
Nays: 0
APPROVAL OF MINUTES
Ayes: 4
Nays: 0
CONSENT CALENDAR
City Administrator Danielson administered the Oath of
Office to Mayor John J. Huber, who was elected on
November 4, 2008 to a two -year term of office, and to
Councilmembers Sandra Krebsbach and Jack Vitelli,
who were re- elected to four -year terms of office.
Mayor Huber called the meeting to order at 7:00 p.m.
The following members were present: Councilmembers
Duggan, Krebsbach, and Vitelli. Councilmember
Schneeman was excused.
Council, the audience and staff recited the Pledge of
Allegiance.
Councilmember Duggan moved adoption of the agenda
as corrected. Councilmember Vitelli seconded the
motion.
Councilmember Duggan moved to approve the minutes
of the December 16, 2008 City Council Meeting as
corrected.
Commissioner Vitelli seconded the motion.
Councilmember Duggan moved approval of the consent
calendar as presented, pulling item j for further
discussion, and authorization for execution of any
necessary documents contained therein.
a. Acknowledgement of the Building Activity Report
for December 2008.
January 6, 2009
Page 2
b. Acknowledgement of the December 2008
Treasurer's Report.
c. Approval of Change Order No. 2 for 2008
Reconstruction — The "Avenues" Project No.
200802 and Authorization for Mayor and Clerk to
Execute Change Order.
d. Approval of Joint Powers Agreement (JPA) for
Wetland Health Evaluation Program (WHEP).
e. Approval of Renewal of Joint Powers Agreement
(JPA) for Traffic Markings, Street Sweeping, Crack
sealing, Screening, and Seal coating.
f. Approval of 2009 Commission Appointments and
Setting Workshop Meeting. Adoption of
Resolution No. 09-01: "A RESOLUTION
APPOINTING ADVISORY COMMISSIONERS".
g. Adoption of Resolution No. 09-02: "A
RESOLUTION APPROVING THE
APPLICATION OF THE CITY OF MENDOTA
HEIGHTS FOR FISCAL YEAR 2009 DAKOTA
COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING".
h. Adoption of Resolution No. 09-03: "A
RESOLUTION ACCEPTING PLEDGED
SECURITIES FOR 2008".
i. Adoption of Resolution No. 09-04: "A
RESOLUTION ESTABLISHING 2008 CITY
DEPOSITORIES OF FUNDS".
j. Adoption of Resolution No. 09-05: "A
RESOLUTION ORDERING PREPARATION OF
FEASIBILITY REPORT FOR HUNTER LANE,
ORCHARD PLACE AND THE RURAL
SECTION OF CULLIGAN LANEAS WELL AS
THE REHABILITATION TO THE REMAINDER
OF CULLIGAN LANE, VERONICA LANE AND
GLENHILL ROAD".
k. Adoption of Resolution No. 09-06: "A
RESOLUTION ORDERING PREPARATION OF
FEASIBILITY REPORT FOR THE CHERRY
HILL 2ND REHABILITATION PROJECT".
1 Approval of the List of Contractors dated December
30, 2008.
m. Approval of the List of Claims, dated January 6,
2009, totaling $225,246.86.
Councilmember Duggan referred to Item 1 noting that
there are only two rubbish hauler licenses listed and
Ayes: 4
Nays: 0
EMPLOYEE RECOGNITION
COMMISSIONER RECOGNITION
APPOINTMENT OF ACTING MAYOR
Ayes: 4
Nays: 0
DESIGNATION OF
OFFICIAL NEWSPAPER
January 6, 2009
Page 3
there are at least five operating in the city. City Clerk
Kathleen Swanson said the ones listed are the ones that
have come in so far.
Councilmember Krebsbach asked to have item j pulled
and asked if there will be neighborhood meeting to
allow residents to voice their concerns and questions.
Public Works Director John Mazzitello said there will
be a neighborhood meeting as part of the preparation of
the feasibility study.
Councilmember Vitelli seconded the motion.
Mayor Huber presented Service Awards to the
following employees:
Those present to accept awards:
- Steve Abrahamson, Firefighter
- Thomas Mattaini, Firefighter
- Chris Perault, Fire Dept.
- Mike Aschenbrener, Police Chief
- Kristen Schabacker, Finance Director
- Bret Blaeser, Firefighter
- Keith Stein, Captain - Fire Dept.
- John Maczko, Fire Chief
5 years
5 years
5 years
5 years
10 years
15 years
25 years
30 years
Those not present to accept awards:
- Mike Maczko, Firefighter 25 years
Mayor Huber thanked all the employees for their
excellent work.
Mayor Huber presented a plaque to Larry Craighead for
his 11 years of service on the Parks Commission.
Councilmember Duggan moved to appoint
Councilmember Schneeman as Acting Mayor for 2009.
Councilmember Krebsbach seconded the motion.
Mayor Huber said each year the City
Council must designate a local newspaper to serve as
the Official City Newspaper for the year.
January 6, 2009
Page 4
City Clerk Swanson said the South -West Review has
done an excellent job and its rates are somewhat less
than the Sun Current.
Councilmember Duggan moved to designate the South -
West Review as the Official Newspaper for 2009.
Councilmember Krebsbach seconded the motion.
It is noted that Planning Commissioners Bruce
McManus, Mike Povolny and Doug Hennes have
joined the City Council for a joint discussion this
evening.
Assistant to the City Administrator Jake Sedlacek
reviewed the history of this application and presented a
site map depicting the proposed development at
Mendota Mall, Highway 110 and Dodd Road.
This application is a request for a preliminary plat and
preliminary PUD, request for rezoning, wetlands permit
and a conditional use permit. The proposal is to
renovate the existing Mendota Plaza building and the
addition of new buildings on site including a Walgreens
Pharmacy, two restaurant buildings and a retail center
with a maximum of seven tenants.
Mr. Sedlacek reviewed a memo that he provided giving
some background on a number of issues which have
been raised regarding the planning application with the
Planning Commission's approval, as well as issues
raised by the Council at their regular November 18th
and December 2 "d meetings.
Staff asked for discussion on all these items to make
sure the Planning Commission and the Council are
comfortable that a number of smaller issues have been
addressed before tackling the larger issues.
The Planning Commission recommended approval on a
split vote 4:3 (Norton, Povolny, Hennes and Field in
favor, and McManus, Lally and Viksnins against) on
the Preliminary Development PUD, along with a
Preliminary Plat, rezoning request, conditional use
January 6, 2009
Page 5
permit, and wetlands permit, with a number of
conditions (as outlined in Mr. Sedlacek's report).
1) Lighting plan for parking areas and loading area —
the applicant has provided a revised lighting plan.
2) Issues associated with vehicular stacking space,
circulation, loading area and off street parking —
Staff feels these issues have been addressed within
the current plan. Councilmember Krebsbach asked
for further clarification on the drive aisle on the
Walgreens side. Mr. Mazzitello indicated on the site
plans (Sheet C 4.0) and explained how the drive -
thru lanes will not conflict with any parking stalls.
Councilmember Krebsbach asked to have it noted
that she would like more landscaping to the south of
the Walgreen's parking lot to soften the area and
add some buffering.
3) Performance Bond issues — Performance Bonds and
Letters of Credit are to be submitted with the final
PUD and Development Agreement. A draft version
has been completed and the developer is
comfortable with the language. City Attorney Tami
Diehm said this particular performance bond letter
of credit has to do with the landscaping. Ms. Diehin
said the code requires the landscaping bond to be
held to insure the growth for one full growing
season. At the end of the season, the developer has
the right to come back to the city and ask for a
reduction. At that point, if there have been no
problems it would be reasonable for the Council to
grant the reduction. Ms. Diehm added that the
Development Agreement insures that any future
owner of the this PUD property is bound by this
agreement and under the section of the
Development Agreement where it talks about
assignments and transfers, the new owner would
specifically have to agree to be bound by the terms
of this agreement.
4) Final pond and drainage systems are subject to the
review and approval of the City Engineer — Mr.
Mazzitello said the storm water system meets all the
city and watershed requirements and the applicant
will have to come back to the city with any changes
for subsequent approval. Mr. Mazzitello explained
January 6, 2009
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how the storm water will be directed in relation to
the creek, which is a natural entity. Mr. Mazzitello
said storm water calculations indicate that the 100 -
year high water level is plus or minus 100`x' of a foot
at an 840 elevation and the top of the pond berms
are at an 844 elevation which is consistent with the
elevation of the parking lots.
5) Changes to the Traffic Study shall be subject to
review by the City Engineer — the City Engineer has
approved this plan with the proposed Development
Agreement language, which means if there is any
degradation of service from what is there today, the
developer is responsible. Councilmember
Krebsbach asked about signals on Dodd Road. Mr.
Mazzitello said at this point in time, signals are not
anticipated to be installed unless the level of service
degrades and then it will be revisited. A signal at
the west entrance, which is now the main entrance,
is not likely because of the proximity to the Dodd
Road signal. A signal at South Plaza Drive may be
plausible if the level of service degrades to the point
it is warranted. It is anticipated at this point that
South Plaza Drive will only service the buildings in
Phase II of the development. Street width concerns
can be addressed with any modifications that need
to be done. Councilmember Duggan said it is
important to keep traffic from shortcutting through
the development and would like to have some
language that will address any problems of this
nature. Mr. Sedlacek noted that the roadway has
been made more narrow at 24 -ft to further reduce
this activity.
6) Final storm water management plan — this rolls into
the pond and drainage system.
7) Changes to the design of the service road — the City
Engineer does approval of the submittal plan and
any changes made must be done through an
amendment to the PUD. Councilmember Duggan
asked if those changes are similar to the proposed
lengthening of the turn -in off Highway 110 east of
Dodd Road to get into the site and does this have to
be approved by MnDOT. Mr. Mazzitello said the
design shown in the applicant's plan was the
preferred design of MnDOT and he just received
January 6, 2009
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word today from the applicant's civil engineer that
MnDOT wants that entrance altered slightly and the
applicant will alter those plans to comply with
MnDOT's request. The length shown on this plan
is what MnDOT wants.
8) Limited hours for all tenants shall be included in the
Development Agreement — there is some language
in Section 4.9 that addresses this issue saying that
retail establishments located within the PUD
development shall be restricted in their hours of
operation. No retail establishment located in the
PUD shall be open to the public outside the hours of
6:00 am to 10:30 pm, notwithstanding the foregoing
establishments holding an on -sale liquor license
which must adhere to the hours specified in their
license.
9) Another performance bond and certified check for
the inspection costs — the certified check process is
a normal process that the city always has in place.
Ms. Diehm said the performance bond requirement
is incorporated into Section 3.6 on Page 6 of the
draft Developers Agreement and the inspection
costs are incorporated with the general city expense
provision as outlined in Section 3.7 on Page 6.
10) Approval from MnDOT to acquire plantings along
the east property line - the city received a letter
from Dodge Nature Center that they were okay with
the proposed plantings. Staff understands that
MnDOT has received the request and will be under
Council review before the building permit is
granted.
11) The applicant shall address MnDOT's comments
and concerns regarding the project — these
continents were provided, and include comment
regarding the ingress and egress around the
McDonald's property which have been addressed.
12) Continue discussions with Dakota County
Community Development Agency regarding the
housing component and the CDA's property. Staff
understands that these discussions have been on-
going. Councilmember Vitelli asked to have
updated drawings sent to the county and ask for
commentary. Councilmember Duggan indicated his
January 6, 2009
Page 8
disapproval of the proposed housing renditions that
were submitted by the applicant, and feels it would
be good to have some with balconies.
13) Continue to work with Dakota County regarding
trail alignments — Al Singer has seen the current
iteration of the plan which keeps the greenway of
the site and the preservation of the creek. The
applicant is proposing to prepare grade for a trail to
be installed at a later time. Mr. Sedlacek shared an
elevation drawing showing the bridge, water culvert
and walking trail box tunnel. Councilmember
Duggan asked that talks continue about extending
the trail southward to connect by the gas station.
Mr. Sedlacek said it will ultimately connect to the
trail by Friendly Hills Marsh.
14) Park dedication requirements to be determined —
Parks and Recreation Commission has not seen this
and will be meeting later this month before the next
Council meeting. The general feeling is that
because Dakota County is onboard there is a good
chance the Parks and Recreation will be in favor.
Councilmember Duggan asked for clarification of
all the parcels that will need to provide the park
dedication. Mr. Sedlacek said traditionally, park
dedication is equal to 10% of the land value of the
newly platted property and there may be some re-
negotiations on that point. For now, Staff suggests
that with the discussions this evening, the right
thing to do would be to say that the city will be
negotiating this into the Developers Agreement.
Councilmember Krebsbach asked if there is any
space available that would accommodate the
overpass if it is ever constructed. Mr. Mazzitello
indicated the best site for the landings would be by
the Verizon store on the north side and just east of
the ingress to the Paster property on the south side.
15) Final grading / topography plans and utility plans
shall be subject to the review and approval of the
City Engineer — Mr. Sedlacek said the City
Engineer has approved the submitted plan.
Councilmember Krebsbach asked for clarification
on the topography of the Walgreens in relation to
Dodd Road. Mr. Mazzitello said there is a cross
section in the Council packets showing this. Mr.
January 6, 2009
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Mazzitello reviewed the plans for the retaining wall
south of the Walgreens that at its highest point is 8-
i/2 ft. tall. Councilmember Duggan asked if this wall
could be staggered. Mr. Mazzitello said there is a
substantial grade difference and to accommodate
the landscaping between Dodd Road and the
retaining wall, there needs to be sufficient green
space to have plantings for root structures and
canopy, and taking out the retaining wall would
result in parking stall cuts.
16) Ten -foot wide drainage and utility easements along
the property lines — those easements need to be
included in the final application package and listed
as a condition of any action the Council may take at
this time.
17) Dedicated easements over trunk sanitary lines,
sewer lines and water lines — applicant shall
dedicate as per the Saint Paul City Water
Department. Mr. Sedlacek said it is his
understanding that these typically do not get platted
on the map until the City of Saint Paul sees the final
build and is comfortable with the results.
18) Applicant paying all final applicable fees and
securities; Development Agreement approval by
City Attorney, and final approval by City Council —
a draft of the Development Agreement has been
prepared for Council review.
19) Wetland Permit shall be conditioned upon review
and approval of the MN Wetland Conservation Act
Permit Application — this was a sticking point
between the Planning Commission and the Council
as the site plan as was proposed with its lack of
application will not likely be approved. Planning
Conunission approved this application conditional
upon approval of this permit. With changes to the
mitigation of the wetland from the original review,
a new application needs to be made. The Technical
Evaluation Panel has not yet met on this permit
application and Staff is anticipating a favorable
review.
January 6, 2009
Page 10
Mr. Sedlacek reviewed the Council Requirements /
Status table.
1) Phasing — the applicant has kept up with their
phasing documents. The anticipated completion
date is 2013.
2) Five year build out statement — phasing schedule
shows complete build -out within 5 years from Final
PUD approval.
3) Further detail on architecture for future phase
buildings — the future buildings are included in the
perspective renderings that have been submitted.
Architectural consistency, color and material will be
carried through the entire project. Approval of the
preliminary plat is currently based upon the idea of
what is on the other sites (second phase) and the
applicant is committed to the use, lot size and
footprints of those sites. Any other changes to that
would require a planned unit development
amendment which would require a full public
review. If the buildings in the second phase do not
comply with the agreed color or architecture, there
would be a staff determination if this would fit with
the PUD, and if not, would be subject to Council
review. At that point, Council could say it does not
fit with the PUD as the City Council had approved.
Councilmember Krebsbach asked if the Council
should be paying attention to things like the
balconies in the housing part. Ms. Diehm said the
Development Agreement right now in the draft
form is set up that if the Council has some specific
concerns about one aspect of the development,
specific language addressing the lot's requirements
can be placed in the Development Agreement; there
is a placeholder in Section 4.10 that could be used
to incorporate such language for one particular
building. Councilmember Duggan said he
understands the reading of the PUD that the city can
and is entitled to receive a full rendering of
everything that is being proposed on the site at this
time, which would include the housing component,
office building and day care center.
Councilmember Duggan said the housing
component is showing a four story building which
he feels may be too large for the site and there
January 6, 2009
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should be discussions on this concern at this tune.
Mr. Sedlacek said there needs to be some more
detail on the housing and talked about a concern
that was reflected in the Maxfield summary that
there is a moving target on the housing; the
applicant has said they will put in housing but there
has not been any real specifics presented on what
that housing will look like. Councilmember
Duggan said it is his understanding that the housing
will be rentals.
4) Full landscaping plan for all phases — these have
been submitted for Phase I as well as a full build
out. Councilmember Krebsbach expressed interest
in having more variety in the back of the entrances,
such as more fall season plantings.
5) Further detail on greenway with landscaping —
landscape renderings have been submitted.
Councilmember Duggan said he would like to have
a comparison on the dollars spent on the entire
landscaping.
6) Landscape rendering with multiple year growth
depicted — Staff feels this has been submitted and
the plan is to have the landscaping similar to the
Village development. Councilmember Krebsbach
asked to have some language in the Development
Agreement that the trees are to be allowed to grow
to a mature level in the greenway.
7) Pylon signs - Council expressed that there is no
interest in having three pylon signs for this project.
The applicant has agreed to make one change to the
architecture of the signs to have the base of the sign
lighter. The existing signs will be refinished and
there will be no change in the heights of the existing
signs. Mayor Huber asked how many pylon signs
are at The Village. Mr. Sedlacek said there are no
pylon signs at The Village. Councilmember
Duggan said he would support only a monument
sign on this site as a pylon sign is not warranted.
8) Roof top units — submitted plans show renderings of
the rooftop units colored to match the roofing
materials and parapet colors.
January 6, 2009
Page 12
At this time, there was further discussion on the
retaining wall behind Walgreens. Planning
Commissioner Mike Povolny expressed his concern for
safety issues — Mr. Mazzitello said there is a fall issue if
there were pedestrians on this wall and the building
code states that anything over 42- inches in height has to
have sufficient fall protection whether that be a
landscaped hedgerow, fencing or railing.
Councilmember Duggan said he would like the Council
to consider requiring a staggered wall instead of having
fencing on top of there. Mr. Sedlacek said even with
staggering, it would be best to have some type of
fencing. Mayor Huber agreed. Mr. Sedlacek said any
staggering would reduce parking, and the plan is
already below the city's code amount for parking.
Councilmember Krebsbach said she would like to see
an inventory of how many walls there will be on the
site. Councilmember Duggan asked for the applicant to
do whatever is necessary to soften the walls, i.e.,
boulders, staggering, etc.
9) Walgreens hours — this requirement has been placed
in the Development Agreement.
10) Working with city staff before the meeting with
Council again — applicant met with city staff on
November 24, December 16th and January 2nd
11) Light fixtures — the submitted plan meets city code
and includes four different types of light fixtures. A
revised Photometrics Plan has been submitted and is
consistent with city code. Commissioner Povolny
asked if the walkway under the bridge will be
lighted. Mr. Sedlacek said this will be added when
the trail is completed.
12) Second story on `B" building — it has been
determined that the site cannot support additional
square footage due to insufficient space for
additional parking. Staff supports this conclusion.
13) `B" Building — better imagery — updated
architectural and new architectural renderings have
been submitted with the revised application
package. Mr. Sedlacek confirmed that the face
front of the building will not be flat, but will be
staggered.
January 6, 2009
Page 13
14) Housing — the developer is proposing a four story,
100 -unit senior rental housing with services. The
footprint has been determined from Day 1, one that
is similar to the Southview Living in West St. Paul.
Photographs of this complex have been submitted,
and would incorporate the same architectural
features as the rest of the development. The
applicant has also submitted other architectural
styles for consideration. Mayor Huber asked how
high the CDA facility is. Mr. Sedlacek said it is 3-
story. Councilmember Duggan said he would like
to see balconies and a different changing roofline.
Mr. Sedlacek said the Council can have
requirements put into the Development Agreement
to submit detailed elevations. Councilmember
Duggan said there is a strong opinion of the Met
Council and the community to have affordable
housing, which is part of the comprehensive plan.
15) Housing Feasibility Study has been requested and
Staff has received an executive study which was
completed.
16) Joint meeting with Planning Commission on
January 6, 2009 — there are three commissioners
present at this meeting.
17) Verify the square footage of the buildings in the
northeast corner — these numbers have been
submitted and have been included in the revised
submittal package.
18) Park dedication - open to negotiation and is a
Development Agreement issue.
19) Clustering of southwest corner — revised plan shows
daycare facility and office building moved closer
together.
20) Grading — cut /fill analysis - Mr. Mazzitello shared a
shaded cut analysis plan. Councilmember
Krebsbach asked how many yards are going to be
moved. Mr. Mazzitello said there will be 42,909
cubic yards cut.
21) Proof of financing sufficient to assure completion of
PUD — the applicant has expressed that they are
January 6, 2009
Page 14
financing the project themselves and provided a
letter from M &I bank supporting their finances.
22) Traffic — City Engineer approves submitted plan
and applicant agrees to include language in the
Development Agreement to address degradation in
traffic due to development. Councilmember
Krebsbach said she does not see any traffic
information as it pertains to the roadway leading to
Friendly Hills. Mr. Sedlacek indicated the flow of
traffic in that area.
Louise Lentz, was present to speak on behalf of
ISAIAH, a consortium of 90+ churches in the Twin
Cities that act on faith in the community, working on
issues such as social justice issues such as housing,
education, health care, immigration and domestic
violence. Ms. Lentz talked about the importance of
affordable housing in the community, and asked the
City Council to commit to including affordable housing
in this development.
Mr. Henk, Paster Enterprises, said they have shown all
along a four - story, 100 -unit residential building and
have provided pictures of the Southview Living to give
the Council an idea of the future phase planning. Mr.
Henk said there are no final concepts completed at this
time. Mr. Henk said photos of other daycare facilities
and office buildings have also been provided to give the
Council an idea of what they are considering for the
second phase.
Mr. Henk said Paster Enterprises are not at any stage to
determine at what price points the housing will be,
whether it be affordable or market rates.
Mayor Huber said the Council has asked for specifics
on this and asked for a fuller rendering on what this will
look like.
Mr. Henk said they have been asked to provide three or
four different concepts, which they have done, and as
these are future phases, there is not a lot of detail. Mr.
Henk said he believes that the PUD requirements state
that when the second phase is to begin, the developer
will be required to come back to the city to review
those plans and that would be the time to discuss the
January 6, 2009
Page 15
details of those buildings. Mr. Henk said he wants the
Council to look at the concepts that have been
presented and then the developer will go forward with
details on that particular design.
Mayor Huber said without the specifics now, nothing is
getting moved along. Mayor Huber said he does not
feel that a four -story building will work out as there are
no other buildings this high in the city.
Councilmember Duggan said the Council has been
saying from Day 1 that they would like to see detailed
drawings of what might be considered, not just exterior
renderings. The PUD calls for a complete detailed plan
for everything that is proposed for the whole entire site,
and all phases, at the same time. And along with this
complete detailed plan, the Council is agreeable to the
phasing of the actual construction. Mr. Henk insisted
that this is what they have shown — that being a four -
story building with 100 units, 100,000 sq. ft., the size of
the footprint is shown, photographs of similar buildings
(noting that the architecture design will be different),
and other renderings of alternative designs. Mr. Henk
said he believes that on a preliminary approval basis
that this would be sufficient.
Councilmember Duggan said in addition to the
requirement that the whole project is detailed before
any approvals are made, he also would like to see what
the project would look like from a neighbor's
perspective. Councilmember Duggan said a four -story
building would be a monument to the people in the
surrounding area, and there are no drawings to see what
these actual buildings will look like, giving no visual
impact from the surrounding buildings.
Councilmember Duggan said there should be housing,
and it should be housing appropriate to Mendota
Heights, and the city needs to take into consideration
the requests for affordable housing. Mr. Henk said in
the current guide plan there is no mention in the
requirements on this southeast corner of Highway 110
and Dodd Road for affordable housing, however it talks
about mixed use development and a combination of
housing and business. Mr. Henk said there may be
affordable housing mentioned in the overall Mendota
January 6, 2009
Page 16
Heights comprehensive plan, but there is specific
language on this parcel where affordable housing is not
mentioned. Mr. Henk expressed his frustration that
now they are at the 11th hour and the City is now
talking affordable housing.
Mayor Huber said the Council is not requiring
affordable housing, but they have been very clear that
they want to know what type of housing the developer
is planning and feel that this information has not been
adequately provided.
Mr. Henk said the plans are showing that the restaurant
buildings are 7,600 sq. ft. but there has been no specific
indication what type of restaurants they will be (Italian,
Mexican, white table cloth, fast /casual), or what the
tenants will be in the retail buildings. Mayor Huber
said the Council is not asking for that information. Mr.
Henk said the Council is asking for that type of
information on the housing. Mayor Huber said the
Council is asking for a specific design structure which
was provided in all the buildings for Phase I. Mayor
Huber said the developer seems to be saying they want
to bring in a mix of retail users that are complimentary
to each other, and at the same time, should be providing
more information on the housing such as price points,
approximate square footage of the interior units, giving
a mental image of what the interior will look like as
well.
Councilmember Vitelli said he agrees with the Mayor
that there needs to be more definition of the housing
plan, adding that a four -story would be an eyesore.
Councilmember Vitelli said he does not know the
definition of affordable housing. Councilmember
Krebsbach said when ISAIAH was before the Council
previously, she has asked that affordable housing be
managed to keep it affordable, and that the city has had
good experiences with the CDA. Councilmember
Krebsbach talked about the recent development of a
four -story condominium building in the OPUS
development which is very large and would not like to
see that type of building in this development.
Councilmember Krebsbach feels it is very important on
how a building looks and how it will fit in the area long
C
January 6, 2009
Page 17
term. Councilmember Krebsbach said the renderings
do not show underground parking. Mr. Henk said there
will be underground parking.
Mr. Henk talked about the four -story being only
slightly higher than a three -story by only about 10 -feet,
and that they have worked with the CDA who does not
seem to have a problem with the four stories. Mr. Henk
said he sees this building ties in nicely and clustering
with the CDA buildings. Councilmember Krebsbach
said if this is to be affordable housing, she would want
to be sure it will be managed by the CDA.
Councilmember Vitelli said affordable housing will not
get the amenities like the balconies as Councilmember
Duggan has asked for. Councilmember Duggan said
the main level could be affordable and then other levels
could be used as senior housing, and added that
affordable housing does not necessarily mean senior,
but young entry level workers as well. Ms. Lentz gave
the Council the Met Council's definition of affordable
housing as homeownership being not more than 30%
income; income at a level of 80% of median family
income for a family of four, which would be $64,720.
Right now, that would be a home selling for $215,000.
Affordable rental rates vary from $758.00 per month
for a one - bedroom apartment to $1,050 per month for a
three - bedroom. According to the CDA definition,
these numbers are much lower. Councilmember Vitelli
asked if affordable housing has to be subsidized. Ms.
Lentz said it does not.
Mayor Huber said the Council is not to make the
determination on whether this should be affordable
housing or not, recognizing there is a definite need for
it.
Councilmember Duggan said he would like to see the
residential building designed in a more curvature /
angular building, and three story, to break up its
massiveness. Councilmember Duggan said the original
designs for the residential at The Village is much
different than what is there now as a result of many
design discussions between the developer and the
Council.
January 6, 2009
Page 18
Mr. Henk said they know the use of the residential will
change and they did not see the benefit of detailing the
design at this time. Mayor Huber expressed that the
importance of knowing the plan for the residential at
this time, is to prevent this developer, or a subsequent
developer, from changing the use later (example: by
agreeing to building a single multi -unit residential
building in the PUD approval, the use cannot be
changed to a townhome type development without the
review and approval by the City Council).
Councilmember Vitelli said the developer is asking the
Council to approve a PUD; two- thirds of it is well
defined and one -third is not well defined. This does not
meet the Council's requirement. It should be able to be
done because this was seen at The Village. When the
Council approved that PUD, there were architectural
drawings for all of the buildings, all the details such as
price points, have been discussed. Councilmember
Vitelli said the project can be phased as Mr. Fefercorn
had done and is still doing. Mr. Fefercorn also knows
that if he chooses to do condominiums in the unfinished
area instead of the townhome units that were originally
agreed on, he will have to come back to the Council
with a revised plan. Councilmember Vitelli said that
Paster Enterprises is saying that they do not want to do
it that way, and the Council is telling the applicant that
they want the complete definition of all the buildings on
the site in order to approve the PUD, and the applicant
continues to come back to the Council with one -third of
the site poorly or undefined.
Mr. Henk said he would disagree because they are
listing the sizes, listing the heights, showing the exact
footprint, showing what the building materials are.
Councilmember Vitelli asked where the architectural
renderings are. Mr. Henk replied that whether it is a
rendering or a colored photo of a similar building, such
as with the day care building, they know it is about a
10,000 sq. ft. which is what a typical day care center is.
Councilmember Vitelli said he believes that Paster
Enterprises has never done any residential units. Mr.
Henk said their company was founded as a residential
company, and then switched in the 1960's to
commercial.
January 6, 2009
Page 19
Councilmember Vitelli said the developer has no recent
experience in this and gives the impression that they
want to get going on Walgreens and the renovation of
the existing building.
Mr. Henk said that is certainly not the intent, and their
premise all along is to define future phases as best they
can with the information they have at this point. Mr.
Henk said what the Council is really saying is to come
back with a complete development and build that all at
once. Councilmember Vitelli said the Council has all
along said they support phasing. Mr. Henk said he has
not given rental rates on what the restaurants will be
charged, so why does this need to be done with the
residential? Mayor Huber said there is a wide range of
rental properties and that really does change the feel
and look of what will be there. Housing has a much
different impact than commercial and retail does.
Mayor Huber took questions from the audience.
Diane Burfield, 688 West Wentworth, asked Mr. Henk
what the services are that this residential development
would provide. Mr. Henk said this building is shown as
100 units, which was determined as a result of
interviewing other senior and assisted living facilities.
The services would include providing meals, and
having perhaps twelve to fifteen units to house people
with dementia and Alzheimer's type diseases. In
talking to the CDA, the developer has learned that
they are very interested in this new development
becoming an assisted living that they could piggy back
onto a meal program. The County is finding that a lot
of the population is aging in place and there are not a
lot of available services to those people, but having a
facility directly across the street would be a great
opportunity. Paster Enterprises is continuing to have
dialogue with the CDA on these opportunities.
Mrs. Burfield said this is something that is not available
in Mendota Heights presently and there is a need for
this.
Mayor Huber said this is exactly what the Council
needs to hear; now this explains more of what is
intended for this residential building. This information
January 6, 2009
Page 20
will allow the Council to better envision what will be
planned.
Councilmember Vitelli said these exchanges of
comments with Mrs. Burfield have revealed more to
him than what Mr. Henk has revealed in the last six
months about what the developer's thinking / strategy
is. Councilmember Vitelli said the developer should be
talking about this more. Mr. Henk said they provided
some of this information in the Executive Summary
from the Maxfield Study, and since they do not have a
lot of experience in the assisted living entity, they
would be joint venturing this facility or make some
arrangements with an adult entity, and they have been
interviewing a number of prospects. Mr. Henk said if
any one of them was ready to go, the developer would
have jumped at the chance to put this in the first phase.
Paster Enterprises said they believe this is the right use
for this property and the CDA is very much in support
of this.
Commissioner Bruce McManus asked if it would be
possible for the developer to come back to the
Council in thirty days with an elevation that would be
approximate of what they want to do, and with the kind
of detail that the Council is requesting. Mr. Henk said
that could be done.
Mayor Huber asked to continue on with some other
discussion at this time to discuss other changes and
concerns.
John Dietrich, RLK Inc., reviewed the revised site plan
showing the changes based on the July Planning
Commission approvals. Mr. Dietrich talked about the
updated landscaping designs and storm management
changes.
The pylon sign on Highway 110 was reduced from 35-
ft to 25 -ft. This signs sit approximately 10 feet below
the elevation of Highway 110. Mr. Dietrich said this is
a very important sign for potential customers traveling
eastbound along Highway 110, serving as a significant
landmark.
January 6, 2009
Page 21
Mr. Dietrich reviewed elevations from Dodd Road,
showing a twenty foot drop from the south corner of
South Plaza Drive to the entrance to Mendota Plaza.
The retaining wall along the Walgreens area is twenty
feet or greater setback from the property line. There is
a significant green space along that edge. The existing
pylon sign will be visible coming north on Dodd Road,
which will be an important landmark where the entry is.
The retaining wall goes from zero to 8 -feet on the
Walgreens site and there will be a fence along the top
of the wall, and indicated how the end of the wall will
be landscaped, and they will be adding some pine trees
in that area. Councilmember Duggan asked that the
fencing be ornamental and not chain link.
The guarantee of landscape materials will be covered in
the Development Agreement and transferrable. The
width of the internal drive will be 26 -feet. The right
turn lanes have been addressed by the City Engineer.
The developer will be working with the county on the
extension of the trail to Dodd and Highway 110.
Mr. Dietrich said the developer would like to use the
language of the Developers Agreement to control future
phases, and all those details have been submitted as part
of the package.
Mr. Dietrich reviewed the screening of the loading
areas. Councilmember Krebsbach asked if there would
be semi trucks coming into the site to supply stores.
Mr. Dietrich said that was correct. Councilmember
Duggan expressed concern on the delivery times of
these trucks. Mr. Dietrich said the trucks prefer
unloading after hours and not during peak hours.
Mr. Dietrich said they will look into getting the number
for the comparison/ratio of dollars spent for the
landscape as they do not have that information yet.
Mr. Dietrich said they will make sure the trees will
grow to full maturity and explained how the trees and
other plantings will be maintained around the creek
area. There are no trees planned for this area as there
will not be irrigation and will be left more wild and
native. Councilmember Krebsbach said she would like
January 6, 2009
Page 22
to see something in place to make sure the volunteer
trees are not removed.
Mr. Dietrich reviewed the proposed walls in Phase I
indicating the heights along those walls. The wall will
be covered with vines and other landscaping. The walls
will be recon block with the dimensions being 20 -inch
by 26 -inch which will look like large limestone block
elements.
Councilmember Krebsbach asked how high the water
will be in the creek. Mr. Dietrick explained how the
water will flow through the property. Councilmember
Duggan said the DNR reports there will always be
water running through but it will depend on the time of
season on how much. Councilmember Duggan said
there should be landscaping that will in time soften the
walls in this area. Councilmember Krebsbach asked to
have at the next meeting some type of rendering of
what the landscaping may look like in this area.
Councilmember Duggan asked about the fencing along
the creek retaining wall. Mr. Dietrich said the railing
will be about 42- inches in height. Councilmember
Duggan said this railing has been done in a very
interesting design. Councilmember Duggan asked
about the box culvert for the trail system under the
bridge. Mr. Dietrich said this culvert will go in right
away but will be sealed until the time the trail is
finished.
Mr. Dietrich reviewed the east side promenade
landscaping. Councilmember Krebsbach said this will
look very good.
Jack Amdel, KKE Architects, reviewed additional
highlights of the architecture and provided some of the
material samples for the Planning Commissioner's
review.
Glass and glazing has been increased on some of the
buildings to give more lighting. Water fountains will
provide white noise to screen traffic noise. Soft accent
lighting will be continued throughout the area as was
suggested by Councilmember Duggan.
January 6, 2009
Page 23
Councilmember Krebsbach said she has seen some
Walgreen stores that have a softer color to them and
asked if this will be the same. Mr. Amdel reminded the
Council that the reason they are using a darker brick is
because the lighter brick will tend to jump out at people
and they don't want that to happen with the back of the
building, and wish to keep to a darker color to recede
the building better. Mr. Amdel said they wish to keep
with the similar darker colors of The Village.
Mr. Amdel shared some photos of the work that will be
done on the existing building, highlighting some new
brickwork on the facade they did to sample the
materials on this building.
Sidewalks will be colored stamped concrete and the
pilasters will be redone. Mr. Amdel highlighted the
changes to the lighting and glazing on this building.
Mr. Amdel reviewed the plans for the rear of the
existing building, which will have a bigger variety of
materials to blend with the rest of the development.
Mr. Amdel noted that the parapets will be about 3 -feet
high; noting that if they are built higher additional
structure is needed for snow drifting onto the building.
Councilmember Krebsbach asked for information on
blade signage. Mr. Amdel shared a few examples of
some signage and said this will give a nicer feel for the
pedestrian walkways along the buildings.
Mr. Amdel confirmed that the plan is to construct seven
retail stores in building "B ", which would include
smaller tenants such as an ice cream store, and the north
end of the building will serve well as a coffee shop with
a drive thru window.
Mr. Amdel reviewed the Walgreens store layout and
materials.
Commissioner McManus asked about the front
windows. Mr. Amdel explained that this will contain
the Walgreens logo. Commissioner McManus said he
does not see how this part fits into the rest of the design
and asked if the developer has looked at some of the
other Walgreens designs and is this is the one that fits
January 6, 2009
Page 24
best. Mr. Amdel said this is the one that fits best into
their architecture. Commissioner McManus asked if
this logo and these windows could go away. Mr.
Amdel said this is a very large vestibule and is used as
the main entrance. Commissioner McManus said this is
not the way it is in many of the Walgreens stores.
Commissioner McManus asked if this design has been
forced upon them by Walgreens. Mr. Amdel said it has
not.
Councilmember Krebsbach asked how much of the
back of the Walgreens building will be visible from
Dodd. Mr. Amdel provided the drawing to show this
area. Mr. Dietrich said that south side of the building
will be seen at one point driving up Dodd Road.
Mr. Amdel said there is an option for a two -lane drive
thru.
Councilmember Duggan said one of the negatives at
The Village is the overhead awnings not being long
enough and allow water dripping onto the sidewalks
and freezing in winter time. Councilmember Duggan
said the proposed awnings in this proposal are more
open. Mr. Amdel said they are more of a shade
structure and protect better.
Mr. Amdel reviewed the northwest corner of the
existing building and highlighted the new facade,
focusing on the details for the rear of the building.
Councilmember Duggan said there are currently three
businesses on the west side of the building, and the new
renditions are showing the possibility of five tenants.
Mr. Amdel said the potential could be for five tenants
but there is no plan at this time to fill all five.
Mr. Amdel reviewed the rendering of what the office
building will look like using a photo example of an
existing building. Mr. Amdel will bring forth their own
rendering of a three story building.
Councilmember Krebsbach asked if there will be
anything done to soften the existing building so it does
not look like Signal Hills. Mr. Amdel said the
colonnade will be left on the north side of the building
January 6, 2009
Page 25
as it's structurally integral to the building, but will be
softened up.
Mr. Amdel talked about the pylon signage for the
development. Councilmember Duggan expressed his
concern on having the pylon sign put right in the area of
the creek and gathering areas. Mayor Huber said the
Council is not at all interested in having three pylon
signs.
Commissioner Povolny suggested using monument
signs as this seems to be the trend these days. Mayor
Huber said the three pylon signs are just dead on
arrival. Mr. Amdel said a monument sign would not be
very visible on the Highway 110 entrance.
Councilmember Krebsbach said there is nothing
distinctive about pylon signs and agrees that monument
signage is better. Mr. Amdel said a monument sign will
not give sufficient tenant identification.
Commissioner McManus asked if the pylon in the
existing location is removed and allow for a sign on
each entrance. Mayor Huber said he could live with
two signs, but not both on Highway 110.
Mayor Huber said this proposal today is dramatically
different than a year ago, and there is now a lot of good
stuff.
Councilmember Vitelli said he agrees and
complimented the developer on the progress that has
been made in the last couple of months.
Councilmember Vitelli said that although he seems
somewhat negative on the residential, only because he
wants it done right, he is very impressed with the layout
and architectural and landscaping detail that has been
done.
Commissioner Doug Hennes said his only observation
is that there is huge disconnect here and does not know
where the fault is. There needs to be more of a clear
guidance from the Council of what is needed for this
development or the developer will come back and the
process will still be fumbling. Mayor Huber said the
Council just wants a lot more specifics on the housing.
Mayor Huber said the Council tries to give guidance
January 6, 2009
Page 26
but would rather have the applicant present a plan and
the Council is to comment on it, but not try to draft it
for them.
Mr. Henk said he believes that collectively, everyone
made great progress and for the January 20th meeting,
the developer will seek approval or denial.
Mr. Henk said they have heard favorable comments on
a good portion of the property and said they will
continue working on the following items:
• Housing: putting together everything they can
during the next week, putting language to use in
the Development Agreement, using information
from the Maxwell study and creating a new
building plan from the three samples they have.
• Landscaping around the east property line and
along Dodd Road
• Rooftop
• Materials in creek
• Blade signs
• Pylons
Councilmember Duggan said he would like to see what
a four story building will look like in relation to
Friendly Hills.
Councilmember Vitelli thanked Mr. Henk for bringing
the Maxfield Study to his attention and after reading
this information, he found it very encouraging to find
the study feels there is a strong market support for
senior housing, and there is a demand for market rate
senior housing. Councilmember Vitelli said he would
personally like to see a plan for market rate senior
housing in this development that the Council could
accept.
Councilmember Vitelli said it was also interesting to
read in this report that the median price of a home in
Mendota Heights is $262,000 which is onlyl5% to 20%
over the $215,000 which means Mendota Heights has a
lot of affordable homes in the community.
Councilmember Krebsbach said the city does meet its
requirements.
January 6, 2009
Page 27
Mayor Huber asked the developer to provide location
information to Staff about samples of the wall where
the council members can visit to view the wall style.
Mr. Henk said some of them can be seen along 1 -494 by
Ridgedale.
Mr. Sedlacek said he had some additional items of
concern to be added to the list:
▪ Decorative fencing on Dodd Road
• Building elevations
COUNCIL COMMENTS Councilmember Krebsbach and Councilmember
Duggan wished everyone a Happy New Year.
ADJOURN
Ages: 4
Nays: 0
Mr. Danielson said the ARC meetings will now be held
in Council Chambers and be televised.
On behalf of Councilmember Schneeman and himself,
Councilmember Duggan congratulated Councilmember
Krebsbach, Councilmember Vitelli and Mayor on their
re- election.
There being no further business to come before the
Council, Councilmember Duggan moved to adjourn the
meeting.
Councilmember Krebsbach seconded the motion.
Time of Adjournment 11:35 p.m.
deee`41 ld�.
Rebecca Shaffer
Recording Secretary