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2008-05-06 City Council minutesMay 6, 2008 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 6, 2008 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 4 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan was absent. Council, the audience and staff recited the Pledge of Allegiance. Councilmember Vitelli suggested moving Item 9c to 9b to allow for more residents to attend for any public comment. Councilmember Schneeman moved adoption of the revised agenda as presented. Councilmember Vitelli seconded the motion. Councilmember Krebsbach moved to approve the minutes of April 15, 2008 as presented. Commissioner Schneeman seconded the motion. Councilmember Krebsbach moved approval of the consent calendar as presented, and authorization for execution of any necessary documents contained therein. a. Acknowledgement of April 22, 2008 Planning Commission Minutes. b. Acknowledgement of the March 2008 Treasurer's Report. May 6, 2008 Page 2 c. Acknowledgement of Building Activity Report for April 2008. d. Authorization of Purchase Order for Pilot Knob 2 Site Clean Up. e. Authorization for Water Tower Evaluation. f. Authorization for Purchase Orders for Proposed Remodeling Improvements for Police Department. g. Authorization for 2007 Fund Transfer. h. Adoption of Ordinance No. 418, "AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CITY CODE." i. Acceptance of Firefighter Retirement. j. Acceptance of Public Works Director Resignation. k. Approval of Accounting Clerk Appointment. 1. Approval of Street Lead Worker Appointment. m. Approval of 2008/2009 Police Contract. n. Approval for Sign Peimit for 1175 Centre Point Circle, "Wells Fargo Shareowners Services." o. Adoption of Resolution No. 08 -27: "A RESOLUTION FORMALLY ACCEPTING DONATION OF A TREE FOR ENHANCEMENT OF LANDSCAPE FEATUREWS IN IVY HILLL PARK IN THE CITY OF MENDOTA HEIGHT." p. Adoption of Resolution No. 08 -28: "A RESOLUTION AUTHORIZING THE CRIMINAL JUSTICE SYSTEM SERVICES AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR (CRIMINAL JUSTICE INTEGRATION INFORMATION NETWORK)." q. Approval of the List of Contractors, dated May 2, 2008. r. Approval of the List of Claims, dated May 6, 2008, totaling $282,688.27. Mayor Huber referred to Item h and noted that the no parking will extend from the eastern most driveway to 150 -ft to the east. Councilmember Krebsbach asked if anyone in the audience was in objection to this. No one came forward wishing to object. Ayes: 4 Nays: 0 BID AWARD: SANITARY SEWER TELEVISING / CLEANING Ayes: 4 Nays: 0 CASE NO. 08-10, HENKE 1911 KNOB RD WETLANDS PERMIT May 6, 2008 Page 3 Mayor Huber referred to item i and thanked Firefighter John Lapakko for his service and congratulated him on his retirement after 27 years of service. Mayor Huber referred to item j and said it is with great reluctance that Council accepts ublic Works Director Sue McDermott's resignation and offered best wishes for her new job in Arizona. Councilmember Schneeman seconded the motion. Public Works Director Sue McDermott said over the last couple of years, the City has been trying to clean all the sanitary sewers on a three year cycle. At this time, there is not enough staff to complete this inhouse and will be going out for bids for approximately 1/3 of the city. The proposal is for cleaning and televising almost 14 miles of pipe. The successful low bidder was Pipe Service Corporation in the amount of $77,303.40. This company also completed last year's project. Staff recommends approval of this bid award which will be funded through the Utility Fund. Councilmember Vitelli moved to Resolution No. 08 -29: "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2008 SANITARY SEWER TELEVISING AND CLEANING PROJECT (CITY PROJECT NO. 200807) TO PIPE SERVICE CORPORATION IN THE AMOUNT NOT TO EXCEED $77,303.40." Commissioner Schneeman seconded the motion. Assistant to the City Administrator Jake Sedlacek introduced the application for a wetlands permit for the property at 1911 Knob Road. The applicant wishes to install a chain link fence in the back portion of the property. This fence will be located approximately 50 ft. from the wetlands which is in the back yard. Ayes: 4 Nays: 0 2008 STREET RECONSTRUCTION: WALSH LANE May 6, 2008 Page 4 This case was before the Planning Commission and it was found that there were no negative impacts upon the wetland and there were no public comments at that time. The Planning Commission recommended approval of this permit. Mayor Huber asked if anyone in the audience was opposed to this application. No one came forward in opposition. Councilmember Krebsbach asked if this fence will be visible from the neighbors across the pond. Mr. Sedlacek said this is a simple black vinyl coated chain link fence and it will be visible. Councilmember Krebsbach suggested the applicant place some screening on the pond side. Mr. Sedlacek said the Council could make that recommendation. Councilmember Vitelli said he was fine with the proposal as submitted. Mr. Sedlacek said that may cause more activity in the buffer area. Councilmember Schneeman said it may look worse. Councilmember Krebsbach asked for clarification on the people that were notified and it was found that the property that would be mostly affected was on the notification list. Councilmember Schneeman moved adoption of Resolution No. 08 -30: "RESOLUTION APPROVING A WETLANDS PERMIT AT 1911 KNOB ROAD." Councilmember Vitelli seconded the motion. Civil Engineer Ryan Ruzek said early this past winter, there were plans to reconstruct Walsh Lane with the addition of curb bump outs to alleviate traffic concerns. Staff has recently been contacted by residents in that area objecting the bump outs. Staff decided to bring this matter to the Council for some direction on whether these bump outs should May 6, 2008 Page 5 be installed or not. Mr. Ruzek said a survey was sent out to the residents, and indicated on a map those property owners in opposition and those in approval. Mr. Ruzek said 14 property owners are in opposition and 8 are for the bump outs. Mr. Ruzek noted that these bump outs will be located in front of 1915 and 1916 Walsh Lane. Mayor Huber said he believes Staff has no particular preference. Mr. Ruzek said that was correct and that the Police Department conducted a speed study. Staff feels that with the redesign of Kay Avenue and Walsh Lane that will be enough of a change to the street to slow traffic down. Mr. Ruzek said there will be no parking along the bump out, but the rest of the street will allow for parking. Mayor Huber invited public comment. Dick Anderson, 1945 Walsh Lane, said he has been a resident on Walsh Lane for 55 years and sees no reason for this change as there have been no problems with speeding and accidents. In addition, the bump outs will make it harder for snow plows. Mr. Anderson is not in favor of these bump outs. Janine Joseph, 1958 Walsh Lane, said she is opposed for a lot of the same reasons. This is a very quiet street. Ms. Joseph expressed her concern that she will not feel safe riding her bike through this area. Dick Fuller, 1891 Walsh Lane, said he is not in favor of this because there are a lot of problems with snow plowing now and this will only make it worse. Ralph Waters, 1925 Walsh Lane, said he's been there for 45 years and has seen no problems. Councilmember Krebsbach moved to direct staff to eliminate the proposed bump outs on Walsh Lane. Councilmember Vitelli seconded the motion. MENDOTA PLAZA REZONING, PRELIMINARY PUD, PRELIMINARY PLAT AND WETLAND PERMIT (CASE 08 -11) May 6, 2008 Page 6 Mr. Sedlacek introduced the application for re- zoning, preliminary plat, preliminary PUD, and wetlands permit for the property located on the southeast quadrant of Highway 110 and Dodd Road. This application was discussed at the April 22, 2008 Planning Commission meeting. The parcels are designated in the comprehensive land use plan as mixed used planning unit development. The primary part of the site is zoned B -4, the eastern edge has a sliver of R -1 A, and the very southern corner the property is in R -3 zoning. The applicant intends to redevelop the site, bringing in a number of new buildings and a renovation to the existing Mendota Plaza building. The redevelopment of this site is very exciting to the community, and it is important that the City Council see both the big picture and the important details. The following are some issues from the Planning Commission meeting on April 22nd: • Pedestrian flow: o There is no discernable pedestrian flow through the site. o This development does not have a campus feel as it is talked about in the city code, but rather is two separate pods. o The applicant indicated that ample sidewalks are provided through the parking lot aisles. • Setback issues: o The setback to Hwy. 110 is a key issue and the Council has asked that the setback align with the existing McDonalds (130 ft from Hwy 110 right of way). The proposed buildings are 116 -ft and 79 -ft from hwy 110 right of way. o The City is considering a tradeoff with allowing creation of lots that are not located on a public right of way and allowing lots that are smaller than otherwise allowed. May 6, 2008 Page 7 o Mr. Sedlacek said the sites are marked with stakes to help give Council a better feel for what that setback will look like. • Preservation of the creek o In each discussion the applicant has had with the City Council and the Planning Commission, this item has come up. o The latest correspondence received from Dakota County proposes the uses that were suggested to the applicant at the Planning Commission. o The PUD is intended to preserve the natural and scenic qualities for open areas. It has been addressed that this creek is an amenity to the public. The County indicates that this can serve as a connection for a trail system and their vision for the future is to have all the open areas in Dakota County linked through a greenway. o In regards to the wetlands and open space, there is a Wetlands Conservation Act. At the time of the Planning Commission meeting, the application for the Wetlands Conservation Act was not complete. This is an application which is beyond the City's own wetland permit as it looks at what's happening when a wetland is altered or removed. o Once the application is completed, there will be a 30 -day review period which includes input from other governmental entities. o The Council still makes a decision on this but it makes sense to wait until Staff gets feedback from Dakota County Soil and Water. Some of the early indications received from DCSW is they are not in favor of the removal of the entire wetland area. • Architectural Issues: o The Planning Commission appeared to agree that this proposal is a clear improvement to the existing building and requested that more time and effort May 6, 2008 Page 8 be put into updating the south and east sides of the building. o There were concerns about painting the block wall and not using better materials. • Open Space /Landscaping: o The Applicant indicated that the open space calculations, which is 31% of the area, and above the 30% threshold, includes all the landscaped areas including parking islands and storm water pond. It does not include MnDOT's right of way to the east. • Traffic: o Then Engineering Department disagrees with the findings and the applicant's traffic report. They recommend that should there be any further consideration on this application; the City should hire an independent consultant to do a traffic study. • Public Comment: o Jane McKay, McDonalds Restaurant, does mention that they look forward to the redevelopment of this site but have concerns about getting their delivery trucks into the site as well as parking concerns. o Al Singer, Dakota County, brought up some concerns regarding the wetland areas. Mr. Sedlacek said since the Planning Commission meeting, Staff has received some correspondence from citizens in support of this project. The Planning Commission voted 6 -1 in favor of denying this application. Mayor Huber asked if there are any special approvals needed for the proposed drive thru on the northeast corner building. Mr. Sedlacek said any drive up restaurant is allowed in the B -4 zone and does require a special permit. May 6, 2008 Page 9 Councilmember Krebsbach asked what is customary for open space dedication to meet the green space. Ms. McDermott said it is 30 %. Councilmember Krebsbach asked if it is customary to include the islands or is it a larger parcel. Ms. McDermott said the parking islands are required and a certain amount of green in the parking lot is required as part of the 30 %. Councilmember Krebsbach asked if there are trails for pedestrian flow. Mr. Sedlacek said there are sidewalks in the plan to accommodate this. Councilmember Krebsbach asked about the alignment with the setbacks along Highway 110 from Dodd Road to Delaware Avenue. Mr. Sedlacek said it would depend upon the uses as this is a B -4 use, which allows a 100 -ft setback, but the R -1A zone would be a different setback, as it is 30- ft. Councilmember Krebsbach said she is wondering what could be coming along Highway 110. Mr. Sedlacek said the Dodge Nature Center area is privately held and Dakota County is coming to an agreement with them to designate this area as dedicated open space. Mr. Sedlacek said Mendakota Country Club has no plans for any development, and will be keeping their property as a golf course. Councilmember Krebsbach asked where the water will be flowing. Ms. McDermott explained how the water will be flowing through a pipe and no water will be added to what flows through the creek. Councilmember Krebsbach asked Ms. McDermott if she has had any conversations with Dakota County on what types of development might save and enhance the creek, perhaps money for bridging. Ms. McDermott said she has not had any conversations about financing any improvements. Dakota County is updating their comprehensive plan and they have the greenway planned and identified. This has not however been approved by the Board of Directors. Staff has a map that shows a greenway through this property along the creek. May 6, 2008 Page 10 They are trying to make a north / south connection between Lebanon Hills Regional Park and the Great Rivers Trail. Councilmember Krebsbach asked how much money did Dakota County bring in to the Dodge Nature Center to make that a conservation easement. Ms. McDermott said it is $500,000. Councilmember Krebsbach asked how much did they bring for the trail. Operations and Projects Coordinator Guy Kullander said it is $200,000. Councilmember Krebsbach said she believes if the County wants to work with this greenway, there will probably be some money available for bridging and create a bike path along the creek. Ms. McDermott said she believes the County will want the City to use park dedication funds. Councilmember Krebsbach said the City could ask for a park dedication along that creek bed as part of the PUD, and then ask Dakota County to help with some type of road that would cross the creek bed. Ms. McDermott said they could not ask the County to install a trail, and a culvert could be placed instead of a bridge. Councilmember Krebsbach asked if there are any indications that Dakota County would pay for that or for any easement. Ms. McDermott said she has no idea as they have not talked about any financial assistance. Ms. McDermott said one idea would be to enhance the creek by adding a meander into it and there could possibly be funds for that. Councilmember Krebsbach said Dakota County has been a great partner and if they are looking to have this continue as part of a greenway, she would like the Council to at least take a look at what they have to say and offer. Councilmember Krebsbach said she is looking to have a uniform setback along Highway 110 and appreciates that this plan has pulled back. May 6, 2008 Page 11 Councilmember Krebsbach said she has met with Mr. Paster and Mr. Henk and looked at options. Councilmember Vitelli asked if there has been any feedback from the Dakota County CDA. Mr. Sedlacek said they have expressed interest in another senior living facility and this is a good location for such a place. There are some challenges with their site (utilities), and they have been reluctant with this site redevelopment. Councilmember Vitelli asked if the McDonalds representatives are completely happy with this plan. Mr. Sedlacek said they are still working on the access for the delivery vehicles and some parking space issues. Ms. McKay expressed at the Planning Commission that she is confident that the applicants will work with the corporate office for a resolution but the plans have not shown this resolution yet. Councilmember Vitelli asked about the proprietor of the BP station. Mr. Sedlacek said Staff has received two letters in support of the changes as proposed. Councilmember Schneeman said it was discussed whether feedback from Dodge Nature Center was received, and she believes Mr. Paster said he talked to them. Then the City received a letter from DNC stating there are some discrepancies and wonders if there have ever been comments received from the Director of the DNC. Mr. Sedlacek said with this application there has been no feedback received. During the last concept phase, the DNC wanted to weigh in on the application and the buffer concerns. Councilmember Schneeman said she would like to hear from the Director. Mr. Howard Paster, Paster Enterprises, said he is pleased to be before the Council to talk about this project. Mr. Paster said this has been a long process and believes they are finished. Mr. Paster talked about his background with the community and the process that they have gone through with this proposal. Mr. Paster said while it May 6, 2008 Page 12 is true that the majority of the site is zoned B-4, the guided use is mixed use PUD per the definition of the City's code followed the accommodation of the zoning that's allowed for the B-1 and B-2 zoning districts as well as the R-1 and R-2 districts. That allows for zero lot lines, shared parking, pedestrian connections between structures, common building materials and treatments, size and architectural styles as well as extensive landscaping. Clustering appears in the city code when it is talking about residential housing. The whole idea of a PUD is flexibility and both parties gain from being flexible from the standards with the development of the site. Mr. Paster said he believes his group has conceded on much of what the City has asked for, about 90%. Much of what they have agreed to do is beyond the zoning requirements for the site and the guided zoning of the site. Mr. Paster said it's important to remember that they are working around an existing building with a former grocery anchor use. There is only so much one can do without knocking down the entire building, and today it is not feasible to do that and start from scratch. Mr. Paster said he would like to make a few corrections to the memo that Mr. Sedlacek addressed to the Council on May 1. • Setbacks on Highway 110— similar zoning on mixed use PUD is based upon B-4. Mr. Paster said that was not the case and they believe that it's based on the B-1 and B-2 zoning. As a result, a lot of these setbacks are only 30-ft and not the 100-ft that has been talked about. o The existing plan shows no parking along Highway 110 and that change was made based on the Council's feedback. o There seems to be the feeling that there has not been enough discussion regarding the ditch/creek/wetland and that is not true. Paster Enterprises discussed this at length during the subcommittee meetings. o As a result of the subcommittee meetings, they came forward with a plan that had the ditch May 6, 2008 Page 13 removed and now are thrown off because the City is saying there is still an issue. o The Wetlands Conservation Act application was not complete because the form was changed and they used the wrong form. That has since been corrected and resubmitted. o Staff feels the traffic study was incomplete and Paster disagrees saying the report is complete. Mr. Paster said they are now asking for the following: o Variance on the pylon sign height on Highway 110 — codes requires 25 -ft and they are asking for the sign to be 35 -ft. The signed proposed for along South Plaza Drive to have 10 -ft maximum height. o A reduction of retail parking requirements to 5 spaces per 1,000 sq. ft. o A relaxation on the fence requirement that properties abutting residential properties - there is a requirement of a 6 -ft high fence. Paster is requesting that not be required. o On the east side of the property, making the buffer at the top part of the MnDOT property instead of lower on the Paster property. o Create lots (Lots 1,3,5) that have no direct public access, which are allowed under a PUD. Mr. Paster said all the buildings and parking within the site are in compliance with all setbacks. With a mixed use PUD, there is a maximum floor area ratio of .5 and that means 50% of the site can be built out. That means that maximum capacity of the site is 462,000 sq. ft. on this site, and Paster is proposing 245,000 sq. ft. on this site. Mr. Paster said he believes this proposal adheres to the whole idea of a mixed use PUD with 100,000 sq. ft. retail, 100,000 sq. ft. residential, and 45,000 sq. ft. office and daycare. Mr. Paster said mitigating wetlands is standard practice and this is the first opposition that has been received from the City. Mr. Paster said if the creek was kept in place it would not allow the applicant to reasonably and practically redevelopment this site May 6, 2008 Page 14 as a mixed use PUD. If the creek was kept in place, it would be difficult to place a residential component into the development. Mr. Paster said this is not a pristine creek, it is a man made ditch that was constructed in 1964. If this was a flat bottom creek and looked like Minnehaha Falls, they would definitely incorporate this into the plans. Mr. Paster said he and Mr. Ken Henk met with Al Singer of Dakota County on May 1 and verbally agreed to work together. Unfortunately Mr. Singer has been busy with some personal matters and was not able to get a letter to the City talking about these discussions. Mr. Paster said Mr. Singer did agree at that meeting that the water course was not natural and it was not practical to run through with a trail. As a result of this meeting, Paster Enterprises suggested it would make more sense to run the trail along the perimeter of the site. The first phase of the development is going to connect the south to the trail system. Mr. Paster said research shows that for Dakota County to purchase a conservation easement from private property owners there is a maximum $5,000 payment that must be paid to the private property owners. Mr. Paster said the McDonald's stacking issues have been worked out as of this date. Mr. Paster said he met with DNC and they have not gotten a letter to the City yet, as they have been waiting for the closing on the conservation easement. Mr. Paster said this is a great development for Mendota Heights, bringing economic rewards. Also, the residents want this. Mr. Paster talked about giving more concessions by moving the setbacks ever further back from Highway 110. Councilmember Schneeman asked how much residential will be built. Mr. Paster said there will May 6, 2008 Page 15 be 100,000 sq. ft. and this is a four story building. Councilmember Schneeman said this is more than she thought there would be. Mayor Huber asked if the request for the pylon sign height was always on the table or was this something new. Mr. Paster said he believes it was always on the table. Mayor Huber, Councilmember Schneeman and Councilmember Krebsbach all agree that this is the first they heard of a pylon sign along Highway 110. Mayor Huber explained that he feels the compromises that the applicant is making are not good enough and he is very unhappy with the way the existing building is not being properly updated on all sides. Councilmember Vitelli said he is very uncomfortable at this point with all the open ends. Councilmember Vitelli said the applicant is saying there have been all these meetings and discussions, but the City has not received any letters from the participants in confirmation of these discussions. Also, the applicant has never made a solid commitment to a residential building. Councilmember Vitelli said he is also not happy about the plans for the back of the existing building. Councilmember Vitelli said he feels he wasted two days with this subcommittee because the applicant has not responded well to any of the issues. Mr. Paster said he will commit to building a residential component on this lot, but it is not part of Phase I. In the future phases, the uses that are being proposed will be addressed. He is also not aware of any concerns from the CDA. Councilmember Vitelli said there is nothing in writing to confirm the CDA's intent, or any feedback from McDonalds. Mr. Paster said he believes there is a letter from McDonalds stating they are on board with the plan. May 6, 2008 Page 16 Mayor Huber said the issue with McDonalds is a big deal — they have to get their semis in for deliveries. Mr. Paster said this is an agreement between McDonalds and the Mendota Mall Associates, and this is not part of the application. Mayor Huber said it is a part of the application. Councilmember Vitelli said there is also a need for feedback from MnDOT. Dakota County is also at fault for coming in so late in the game, and Mr. Singer needs to submit some feedback. Mr. Paster said these things can all be handled by approving with contingencies. Mayor Huber said Mr. Paster's characterizations of conversations with Mr. Singer are much different than what Staff is telling the Council. Councilmember Krebsbach said it is in everyone's best interest to continue working together on this and if letters are outstanding, she would rather not make a decision on this tonight and asked that the proper documentation be obtained during the next two weeks. Councilmember Krebsbach said it's important to know where the County is with the green space and senior housing. Councilmember Krebsbach said she knows Ms. McKay is very pleased with the drive in area, but the truck access is an issue. Councilmember Krebsbach expressed her concerns with the blank wall on the east side of the new restaurant building. She appreciates the additional setbacks. Councilmember Krebsbach said she would like to work on the issues that are still remaining and see if they can't be resolved in the next two weeks. Mr. Aaron Hemquist, Professional Engineer for RLK, Inc. reviewed the site plan Councilmember Vitelli said he is glad to see that parking spaces by the restaurants have been removed. May 6, 2008 Page 17 Councilmember Krebsbach said she would like to have for the next meeting a letter from Dodge Nature Center with their reactions to using their land as well as MnDOT's land for buffers, as well as the view of that blank wall. Councilmember Schneeman said she would like to hear from the Director. Mr. Hemquist reviewed the sidewalk plans. Councilmember Vitelli said the City Planner and Staff think these pedestrian connections are not efficient. Councilmember Krebsbach said she would like them to work over the next two weeks on where the trail will be and don't know how many people will be willing to walk down the middle of a median in the parking lot. Councilmember Schneeman said it is a safety issue. Councilmember Krebsbach said she would ultimately like to see a bike and walking overpass crossing over Highway 110 to The Village. Councilmember Krebsbach asked how much water will be in the pond. Mr. Hemquist said less than there is today. Councilmember Vitelli asked how they will control the pond. Mr. Hemquist talked about lining the pond with clay materials that will hold the water. Jack Amsdel, Project Manager, KKE Architects, reviewed elevation drawings and architectural layouts. Mr. Amsdel also handed out samples of the building materials. Councilmember Vitelli asked for an explanation on how the impervious surface has increased from 47% to 49% according to the City Planner. Mr. Hemquist indicated that more roadway was added. Councilmember Krebsbach said she is concerned about safety in having the trail run along back of the restaurant building. Councilmember Krebsbach said this is where she would like to see some feedback from the nature center and Al Singer to see if it makes sense to have trail run this way. Mr. May 6, 2008 Page 18 Amsdel said there are very limited opportunities to put windows on this side of the building but they will talk to the County and discuss the trail location. Mayor Huber said it would seem that the north building will be used for a food service type. Mr. Amsdel said they are hoping to get Dunn Brothers for the drive thru as most of their business is drive thru. There could also be some outdoor seating created. Mayor Huber said he personally would not want to see signage on the back of the building. Mr. Amsdel talked about the Walgreens and how they gave Walgreens the choice of plans to use. Councilmember Krebsbach asked to have a letter from Walgreens submitted with their opinions. Councilmember Vitelli asked that the applicants provide a computer rendition on what the view of the roof top on Walgreens look like when traveling north on Dodd Road. Councilmember Schneeman said she would also like to add that the existing building be shown in this rendition. Councilmember Krebsbach said she would like to see a letter from Walgreens with their hours of operation. Mr. Amsdel reviewed the plans for the existing building. Mr. Amsdel explained how the signage will be placed on the building. It is unknown who the user will be on the north east end of the building. Mayor Huber expressed his concerns about the signage when tenants come and go and perhaps hold off on the face of this section until it is known who will come in. Mr. Amsdel said a new sign band will be placed and the block painted dark to match the building. Councilmember Schneeman suggested do the whole building the same and make it look classy so better tenants will come in. May 6, 2008 Page 19 Mr. Amsdel shared photos of another shopping center on Lake Calhoun where similar work has been done (i.e., with the block wall painting). Councilmember Schneeman said that does not look good enough and the City of Mendota Heights maintains that their buildings be the same on all sides. Councilmember Vitelli said it is the City Planner's opinion that this is still a strip mall. Councilmember Krebsbach asked what else can be done except painting the walls. Councilmember Schneeman said it should be finished just like the rest of it. Mr. Amsdel explained that there is no support for a brick facade unless the ground is dug down around the foundation to put in supports to handle brick on the building. Councilmember Krebsbach asked if there has been any consideration to taking out the whole building. Mr. Paster said he will not do that. Councilmember Schneeman said she does not like the way it looks, and it is not the quality that the Council is looking for. Councilmember Schneeman asked if Royal Liquidators is staying. Mr. Henk said they will not be staying. Councilmember Krebsbach asked if there was any underground storage area under the shopping center, as if the old grocery store area did not have underground storage, then perhaps this whole portion can be taken out. Mr. Paster said there is a basement under the old grocery store area which also creeps into a portion of the old Snyder's space. The space for Walgreens is the only site that Walgreens would go because they want to be on hard corners. Mr. Paster said that area will soon be renovated very similar to the rest of the shopping center. Councilmember Schneeman said it is important to give the applicant a flavor of what the Council May 6, 2008 Page 20 wants. Mr. Paster said he gets the flavor, but there are critical constraints. Councilmember Schneeman said when they built The Village, they built out the buildings and did not build out for a specific tenant, and there was continuity with the whole place. Mr. Paster said there is continuity with this development as well. Councilmember Schneeman said she believes only part of it. Mr. Amsdel said they prefer to keep the masonry along the back of the existing building as this area by loading docks tends to get a lot of abuse. This way, they can paint from time to time. Mayor Huber asked how the truck travel will flow. Mr. Amsdel explained how they will come off South Plaza Drive. Councilmember Krebsbach asked what the life expectancy of the building is. Mr. Amsdel said it was built in the 1960's and built pretty well. Paster Enterprises has been looking at how they will be handling the west end of the building. Councilmember Schneeman asked if there has been any soil work done. Mr. Henk said complete hazardous materials surveys of the building have been done, as well as soil borings which show the only materials that are suspect are the ashes from the bonfires. Councilmember Vitelli gave some comments on this project from a Council perspective: • The plan is extremely fluid. • The Planning Consultant recommends denial based of seven key issues. • The Planning Commission recommends denial on the same basis as the Planner and they tried to give the applicant a month to correct some of these situations and some of the open questions, but the applicant wanted to go forward to the Council without any further review by the Planning Commission, which is unfortunate. May 6, 2008 Page 21 • In working with Councilmember Duggan on the subcommittee, there were two meetings, plus additional time with Staff Many of the committee suggestions that resulted from the meeting on October 22 °a and addressed in Mr. Sedlacek's memo of October 31st have not been addressed. • Completed Staff Work — this application is a complete failure. Councilmember Vitelli gave the example of the process he experienced in the U.S. Air Force that when a proposal was brought to the Commanding General, it was very tightly written and there were tabs attached to the proposal that would address the questions that the general might ask or want clarification. In this case, there should have been such materials ready to answer Council questions with. Tabs would include McDonalds, MnDOT, Dakota County, DCA, DNR, etc). This is not a completed staff work — there are too many open ends. Both the Planner and the Planning Commission recommended denial and Councilmember Vitelli said he needs to go with their recommendations. • Green Space along Highway 110 — the applicants have moved the building back and today, being fluid, the applicant has come with yet another proposal to move another building back. • It was suggested in the meetings in October that there be some clustering of buildings to help reduce the sea of parking that is currently there. The site still looks like a strip mall. • There was a lot of discussion on the east side of the building and the subcommittee recommended that there be more than a 74 -ft setback from Dodge Nature Center and MnDOT. No change was made and the buildings are only 74 -ft and the applicant has been asked to talk to the Dodge Nature Center to take care of this. • Sea of parking — the Planner, based on his analysis, said the applicant increased the impervious surface from 67% to 69 %, while reducing parking spaces. That is not good progress. May 6, 2008 Page 22 • The creek as an amenity. The subcommittee said they felt this was an issue and Councilmember Duggan was very strong on the water flow. Councilmember Vitelli said he does not believe this was even addressed. Dakota County input should be seriously considered. • Nothing has been done to address the water flow and how water will be kept in the ponds. • Applicant claims to have 31% green space, but the Planner says "the applicant clearly has not indicated where the green space is to be located, how much of it is usable, or on what basis its calculations have been made. • Dodge Nature Center buffer — not much has been changed there, but perhaps it's adequate now. • The service road that goes through the site —the Planner recommended a median for appearance, safety, traffic calming, and delineation of lanes. The applicant proposed narrowing the service road to 25-ft and put in stop signs. • Character — different buildings are giving different characters, and the applicant has three designs. Cement block exposure remains on the existing building and there is no vertical variety in the proposed facade for the old buildings. They will still look like a strip mall. • Walgreen's roof — very visible. • People movement — the Planners comment was that the people movement was an afterthought after the buildings and parking spaces were laid out. • One thing that was made very clear in the subcommittee was that there is need for a film commitment to a mixed use. The applicant wants to get the go- ahead on the retail and will commit to the residential and office aspects at a later date. Yet there have been no submittals on the intent. The Planner feels that the applicant wants to "cherry pick" lots for retail development and not commit to housing, offices, and other uses. • Would like to see something from CDA that says this site has been reviewed and have no problems with our ability to build our senior citizen's building. May 6, 2008 Page 23 • Needs to receive some written confirmation from McDonalds, BP Gas, and MnDOT. • Councilmember Vitelli said that although it's not part of the application, he has noticed that the sign still advertises Ziggy's and Do -It -Best Hardware. The applicant was asked last October by the subcommittee to have this updated. The applicant seems to choose what to listen to and what to disregard. • The Public Works Director says there has to be some specific proposal on how the sanitary sewer will be handled and this has not yet been covered adequately. Councilmember Vitelli said he will not support this at all and would move to deny the application. Councilmember Krebsbach made a list of what is needed in the next two weeks. Based on the fact that the applicant owns the property and will be doing something with it, all parties must try to move towards some positive closure. That list is as follows: • Get letter from Dodge Nature Center that responds to the trail, Building B, and green space. • Get letter from Al Singer, Dakota County, with information of what that trail might be and look more comprehensively at the people flow moving through the center and where you would pick up an actual trail vs. the sidewalks. • Get letter from McDonald's corporate office stating that the trucks can turn around on that site. • Letter from CDA with the likeliness of them building a senior housing complex. • More infonuiation about the volume of water, and what are the details on the pond (maintenance, water levels, etc.). Councilmember Krebsbach said the City pays a lot attention to water amenities. • Have the green space calculated. • Letter from Walgreens with their hours of operation, and that they are not going to open 24 hours. • Agreement on architecture (pallisters). May 6, 2008 Page 24 • Letter from MnDOT — whatever is needed to address the MnDOT concerns. • Grading plans, dirt moving. • Trail locations. • Pylon sign information (may not agree to a third sign). • Who will be maintaining the landscaping. • Computerized rendering of Walgreen's rooftop. • Letter on where the buildings will actually be sitting from Highway 110. Councilmember Krebsbach said if the Council goes to a vote of "No ", the Council will end up with the same project by and large, and will have to start working with this again. Councilmember Krebsbach said she watched the Planning Commission meeting on television and said the Planning Commission was at a point where they were willing to talk. They were there until 11:30, and Councilmember Krebsbach commended them for the tremendous amount of work they put into this. The applicant asked for a vote, otherwise the Planning Commission would have carried this over to the next meeting. There still needs to be that level of discussion and working with this. Councilmember Vitelli said he resents that the Council has to deal with all this minutia, to deal with getting the applicant to get all these memos, and complying with all these items he listed. Councilmember Vitelli said he is used to an executive decision having the staff take care of this, and the Planning Commission should have the time to work with them to fix a lot of these issues, and not bring forward the application to the Council saying they are ok with it except for a few issues. Councilmember Schneeman said she agrees with all of the comments made, and she did not know about the pylon sign, and that must be discussed further. Councilmember Schneeman said she is disappointed with the new skin of the original mall. May 6, 2008 Page 25 Mayor Huber said he agrees with the others, and added: • The traffic study needs to be re-done as it's believed among Staff that the applicant's report does not pass muster at all. • The lighting — being different with the three different characteristics of buildings, and the lighting is a hodge-podge of styles. There is a whole new style on the west end where it will be torn off and redone in a more current fashion. Then as one would wander east, the building facade is just being painted. There is no cohesiveness in how this development is being phased. There would seem to be an opportunity to create some new interest and new excitement in how this phase is handled and how new tenants are brought in. However, the buildings are so spread apart that it's hard to see how any excitement can be found for the existing building. There seems to be a lost opportunity to grow this development in a phase manner where one starts to leverage off the other. • This is a mixed unit development and where is the "mixed" part of that Mayor Huber asked Ms. McDeiniott if she has any concerns to add. Ms. McDermott said the Wetland Conservation Permit is not complete. She has a letter from Kenneth Bold Consulting (who is processing the application) that said it is not complete. In addition, the City is the local governing unit who has approval over that Wetland Conservation Act process, however, Staff must send it out to several agencies for comment and feedback, then bring it back to Council for approval or denial based on the comments that were received from Dakota County Soil and Water, the Board of Water and Soil Resources, and possible Army Corp of Engineers and the DNR. There is a specific timeline similar to the other approval timelines; in this case there is a 60-day review period once the application is complete. Mayor Huber asked for any other Staff comments in terms of process or lack of completeness, or anything else that is necessary. Ms. McDermott May 6, 2008 Page 26 said the Engineering Department did review the utility design with RLP and gave them comments several weeks ago, and feel confident that those changes will be made. Councilmember Krebsbach asked City Attorney Tami Diehm how long does the applicant have now. Ms. Diehm said the current 60 -day period expires on June 14th, and the Council has the right to extend that unilaterally for an additional 60 days. Beyond that, the Council will have to get the consent of the applicant to extend further. Councilmember Vitelli said the applicant has not shown any interest, at least at the Planning Commission, to work with the Planning Commission. Councilmember Vitelli said he wonders if the applicant brought this to the Council for an up or down vote, and the Council should ask the applicant what he wants to do. It's his feeling that this should go back to the Planning Commission and they should work out some of these things, inviting the County and MnDOT to help. Councilmember Vitelli said he is not against developing this area, but this is a project that will be in the City for 30+ years. Councilmember Schneeman said when a question was posed to Mr. Paster, it seemed that he did not know the answer, and perhaps there needs to be some cohesiveness with him and his staff. Maybe some of the discussions here were news to him. Mr. Paster said they are definitely interested in working with the Planning Commission. Mayor Huber asked why the applicant asked for an up or down vote that evening. Mr. Paster said he believed at the time that there was enough discussion. They thought they had everyone's comments and could go back to make changes. Mr. Paster said if more time is needed to work together, they will do that. Mr. Paster said they needed to have that up or down vote from the Planning Commission to have the Council's comments. May 6, 2008 Page 27 Councilmember Krebsbach said the applicants did receive a lot of comments this evening. Mr. Paster asked if there was time for public comment. Mayor Huber allowed for that and asked if there was anyone wishing to speak. Gerald Frisch, a long time resident of the city, said he supports this project and that the current shopping center is an eyesore. Mr. Frisch asked the Council to consider this case favorably, and as an attorney who represents developers, suggested that this could be adopted with conditions. John Gildeiinan, 1812 Valley Curve, said he supports this development. It's a difficult decision, and the City has done a great job on The Village. Mr. Gilderman said Mendota Plaza is a different animal than The Village, which is more pedestrian- oriented. Mr. Gilderman said it would be an opportunity to at least put a face lift on it. Mr. Gilderman said it can't be The Village as it's more auto - oriented. Mr. Paster asked the Council if they are asking the applicant for a proposal on how to move forward without coming forward for an exact vote this evening. Councilmember Vitelli said that was his suggestion and he really wants to work with the applicant on this and has been giving honest feedback. Councilmember Krebsbach said if they went to the Planning Commission at the end of May, they would be back before the Council the first meeting in June. Councilmember Krebsbach suggested to move this back to the Planning Commission and then back to the Council the first meeting in June. Ms. Diehm said the ordinance requires the Council to take some action, and the options are either to approve, deny, approve with modifications, or it specifically allows sending back to the Planning Commission for additional information. Ms. Diehm May 6, 2008 Page 28 said she believes the formal deadline for the Planning Commission has already passed. Ms. Diehm said the code also requires that 6 weeks following the approval of the preliminary plan, the final plat needs to be presented for approval and the development agreement must be negotiated at that time. The more that can get done at this point is better. Councilmember Krebsbach moved to send the application back to the Planning Commission. Councilmember Vitelli seconded the motion. Ms. McDermott said it will depend on when they provide all the information because Staff needs time to review, and feels it is highly unlikely that they will be getting review comments back, and MnDOT response to the City. Ms. McDermott asked the applicant if they have submitted the materials for the conditional use peliuit. Mr. Henk said he sent in the check. Ms. McDermott said this will be going back to the Planning Commission for that. Mr. Kullander said the Great River Greening applied for and received a $6,000 grant from the State Historic Preservation Office to place two historical markets /signs to help interpret historic Pilot Knob. This grant requires that the signs be installed prior to June 30, 2008. Mr. Kullander reviewed some designs and there needs to be Dakota language interpretation as well as English language on these signs. Mr. Kullander said he would recommend that City Staff combine comments from Gail Lewellan, Bruce White, and other members of the Pilot Knob Preservation Association, along with the input from Bob McGillivray, Al Singer, City Council members and meet with the artist and Great River Greening next week to finalize the text portions of the two signs for inclusion on the May 20th City Council agenda for final approvals. May 6, 2008 Page 29 Councilmember Krebsbach said she would like to have some recognition of the City of Mendota Heights for having the foresight to complete this. Mr. Kullander said that will be done in a number of ways. The artist asked if the Mendota Heights logo should be on here, along with Great River Greening logo. The committee decided they would like to keep the two signs pure and to the point. Councilmember Krebsbach said the City should get proper recognition for going forward. Mr. Kullander said they will and work is still going on; the two signs will be permanently placed with the intention that they are not placed where people will run into them or moving them around. Planner Steve Grittman is working on completing the City's 2030 Comprehensive Plan. A public hearing will be advertised for the May meeting of the Planning Commission where the planner will receive input from the Planning Commission and the public. Draft copies of the plan were provided to the City Council. It was decided that the Comprehensive Plan Workshop will be scheduled for May 20th before the City Council meeting. Jan Nelson, Pilot Knob Preservation Association, spoke of the importance of the Dakota language on the Pilot Knob sign. Councilmember Vitelli said Mr. Kullander should be complimented on all the work he has done, keeping the project on course and keeping everyone happy. Councilmember Krebsbach said, in regards to the comprehensive plan, that she would like to have the three cities meet about some of the views of the upper bluff along Highway 13, at least comparing the comprehensive plans, and can meet as full councils or 2 representatives of each council. She believes it is important to share views of this area between 35E to Mendota. May 6, 2008 Page 30 Mayor Huber said he certainly wants to engage them. Councilmember Schneeman asked if the Council could just get the comprehensive plans from the other cities. Councilmember said she believes there should be some discussion. Mayor Huber said it may be hard to get everyone together. Councilmember Krebsbach said 2 people from each council will work. Mayor Huber asked City Administrator Jim Danielson to set something up. Councilmember Krebsbach said it is important to have this discussion because the cities are all involved, and the impact of each other's decisions or opinions should be shared. Councilmember Krebsbach acknowledged two Mendota Heights residents: 1) Becky Holder — a horsewoman and resident of Mendota Heights, who came in 2nd in the national competitions in North Carolina. Her event is called "Event" and it is a combination of skills. Ms. Holder is competing to be in the Olympics. 2) Rabbi Allen — has been selected for a meeting in Israel with the President of Israel. Mayor Huber thanked all the people who worked at the Spring Cleanup, and all the residents who showed up. Councilmember Schneeman said she just came back from being up north and there is still ice on the lakes. Councilmember Schneeman said she had her own cleanup there and nobody showed up because they could not get on the lake to do anything, and then wished everyone a happy spring! ADJOURN Ayes: 4 Nays: 0 May 6, 2008 Page 31 Councilmember Vitelli said he was pleased with the outcome of the Paster proposal, and hopes he did not get too emotional. Councilmember Vitelli said he just wants to be honest with his feelings, and he believes the Council is doing the right thing, and a couple of months from now, this will be a good plan for that site which is so sorely needed. There being no further business to come before the Council, Councilmember Schneeman moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 11:00 p.m. Rebecca Shaffer Recording Secretary