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2005-06-29 Special Council Meeting minutesPage No. 1 June 29, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Special Meeting Held Tuesday, June 29, 2005 Pursuant to due call and notice thereof, the special 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 Mayor Huber called the meeting to order at 5:30 p.m. The following members were present: Mayor Huber, Councilmembers Duggan, Schneeman and Vitelli. Councilmember Krebsbach had notified the Council that she would be late and arrived at 5:35 p.m. PLEDGE OF ALLEGIANCE EX640-93TIVNI-1102 "61 Ayes:4 Nays:0 Council, the audience and staff recited the Pledge of Allegiance. Councilmember Schneeman moved adoption of the revised agenda for the meeting. Councilmember Duggan seconded the motion. CASE NO. 05 -08, MENKE/ Council acknowledged a memo from Administrator Danielson OPUS regarding consideration of revised plans for the proposed OPUS development of 820/840 Sibley Memorial Highway. Council also acknowledged letters from OPUS, Sandy Fecht from the DNR, Mr. & Mrs. Sheldon Goldman, 632 Maple Park Drive and Ann Specktor, 1643 Lilac Lane. Mr. Dave Menke was present on behalf of OPUS. Mayor Huber gave a brief history on Council discussions on the application. He stated that the special meeting was called for this evening, at the request of OPUS, to consider some amendments and changes that OPUS has made to its development plan since the June 21 meeting. Mr. Menke expressed his appreciation to Council for malting the accommodation for the special session. He reviewed the plan that was presented at the last meeting for 112 homes. The proposal included two condominium buildings containing 60 units and 52 twinhomes. The majority of the comments and discussion last meeting centered on Condominium B and its height, mass and j impact on the adjacent properties to the south. After the meeting, he and his staff went back to see what they could do to adjust the plan. Page No. 2 June 29, 2005 He reviewed the new plan for Council and the audience. The plan eliminates Building B entirely, and Building A in turn becomes a four story condominium building with twelve homes per floor. The forty eight condominium units and six twin additional twinhomes replace Building B. Also, in an attempt to preserve density, the two twinhomes at the comer of Wachtler and T.H. 13 were re-inserted. That was driven by the need to get tip to the 112 unit count, and the new proposal is for 110 units. He reviewed the footprint of Building A. He stated that the height of the three story Building B was 50 feet. In the Building A location, the grade and soil conditions are such that the elevation only needs to be raised three feet. The height of the proposed four story building on the same location with a mansard roof is just under 50 feet from the first floor elevation to the peak of the roof. OPUS still intends to minimize the tree loss, and in addition to tree planting on its property, OPUS will plant some Maple trees as additional screening for the Schwab and Sachs families. The twinhome setbacks were compressed a little bit in a few locations. There is a ten foot dimension for some of the side load garages and a 20 foot dimension for some of the front load garages from the face of the building to the right-of-way. That only happens in a handful of locations and OPUS will work hard to expand the dimension. Mayor Huber stated that he thinks the change is excellent and he is very pleased with it. He stated that the Schwabs could not be here this evening, but he got a copy of the plan to Mrs. Schwab and she is very pleased with the change. Councilmember Vitelli stated that he ftilly supports the plan that has been submitted. OPUS is an excellent developer with an excellent reputation and an excellent project manager who has spent many hours with Council and with the people who live in the area. He felt that the plan is good and if some of the people in the area are still not happy with the plan, they should be careftil what they wish for because it could be something they do not want. He stated that he has had 11 calls and Council has received letters from people who are very supportive of this. Eight of the people who called said they want to live in this development. Everyone must also realize that there is commercial and retail across the street and office buildings to the south. One of the things Council must think about is the transition from single family to retail, and he feels this is a very good proposal. He ftilly supports it. Councilmember Schneeman stated that the one thing that came home to her in the presentation last time was the man from Ecolab who said that they have been good neighbors for many years. They have Page No. 3 June 29, 2005 been. They chose OPUS because they feel that OPUS would be the best developer and would prepare the best project. She stated that she has also had many calls from people who want the residential development and would like to live in a condominitim. She asked Mr. Menke to explain about the concreteness of the building. Mr. Menke responded that the intent for the four story is to have a structural system that is concrete rather than wood. Four stories allows a concrete building to be built more economically than wood. OPUS also thinks it would be better for the end buyer. Councilmember Krebsbach stated that she asked staff to research the implications of this project on the other bluff properties in Mendota Heights, specifically the property at Lexington and T.H. 13. Administrator Danielson responded that the Lexington/T.H. 13 ) site has a single family home on it. He looked at the property and it appears that a single family home is all that would be allowed on it. It is very steep and he does not think anything else could be built on it except for the home. The rest of the property is in excess of a 40% slope, and development of it would be prohibited imder the critical area ordinance. Councilmember Krebsbach asked if Administrator Danielson thinks there will be any pressure for multi-family on that site or any other property that would have an impact along the bluff line in Mendota Heights. Administrator Danielson responded that the only large site that remains that could be developed is the Xcel tank farm and he does not believe Xcel has any intent to develop the tank, farm. Councilmember Krebsbach noted that Ms. Fecht stated in her letter that she did not support the westerly movement of the condominium buildings and commended the city for some other items. Mr. Walter Rockenstein, representing OPUS, stated that he has had a chance to look at the letter. Ms. Fecht was opposed to shifting the condominium building because it would have moved tit from an area outside the critical area into the critical area where it would have exceeded the height limitation. That is moot now since Building B has been eliminated. She was complimentary and very supportive of the staff conditions on reducing the impervious surface. The impervious surface in the last plan was about 27% and it is now at about 28%. She also applauded staff's attempt to reduce the number of units and those have been added back. The project is still down Page No. 4 June 29, 2005 two units from where it was at the last discussion. The last point she makes is a legal point on which he continues to disagree. She stated that the DNR gets to approve the comprehensive plan change and zoning ordinance change because portions of the development are in the critical area. The law is clear in his view that if Council amends its critical area ordinance the city would have to submit that to the DNR for review and approval. The city is not doing that — it is amending the comprehensive plan and zoning ordinance. City Attorney Schleck agreed, stating that the city is not proposing to amend the critical area ordinance and is working within the allowances that are in the critical area ordinance that the DNR has previously approved. Co-uncilmember Duggan pointed out that the DNR approved the critical area ordinance just three years ago. Councilmember Krebsbach asked how the height of the condominium building compares to the Fairfield Inn in mass. Mr. Menke responded that the Fairfield Inn has usable square footage of about 51,000 square feet. The new building A will be about 73,000 square feet of usable area. Councilmember Krebsbach stated that she would still like some accommodation on the corner of Wachtler and T.H. 13 and asked Mr. Menke to pull the units in or remove them. She stated that she appreciates Mr. Menke's efforts on this plan. Her position has been that Council had not had enough input into the plan previously. Mr. Menke responded that the development needs those units. OPUS will heavily plant at the comer and they believe it will feel quite comfortable. The setbacks are very generous and people will not feel crowded. Councilmember Duggan stated that Council has received many letters and emails and phone calls. Most of them have been supportive of the development. People want to stay in Mendota Heights but want to move into something that is manageable and maintainable. The setbacks for units 13 and 14 is 300 feet from the intersection, which is a huge setback, and the landscaping plan indicates they will be well screened. He had requested that the developer look at units 31 through 36 and try to get a reasonable distance between the units. He suggested that units 31 and 32 be moved closer to 30, and OPUS is willing to do that. Unit 36 is only 25 feet from the condominium building and he asked Mr. Menke to Page No. 5 June 29, 2005 move35 and 36 closer to Unit 34 and they will do that. They will also move Units I through 6 to get better separation between units 2 and 3. He stated that he appreciates their willingness to accommodate those changes. When he looks at impervious surface, he is comfortable with staying as close to 25% as possible. The proposal is for 4.4 units per acre for the total site, and that is about the middle of the Medium Residential density and he is pleased with that and will support the proposal. Mayor Huber asked about the if there will be differences in the exteriors of the twinhomes or if there are identical to one another. Mr. Menke responded that he will try to provide variety to them. There will be varied setbacks and movements in and out to add interest and there will also be differences in color to add variety. Mr. Randall McLevish, 1330 Wachtler, stated that the new proposal does not do anything for the people on Wachtler, but some win and some lose. He would like to see some commitment from OPUS for year round screening between Wachtler and the high rise to screen and cover the view of the condominium building. He asked what the actual height of the twinhomes is. Mr. Menke responded that in addition to the neighbors identified as 4 and 5, OPUS is also willing to do plantings within the woods within the property line of the homes behind building A. OPUS could disperse some of the trees for screening, but it is very difficult across from Mr. McLevish's property. We will commit to doing whatever he can to increase the woods that exist today. Regarding the building height, the twin homes with walk outs are about 24 feet in height. In the former Building B location, there is a need to build the grade by ten feet, so the would be at 34 feet. The homes across from Mr. McLevish's probably will not have walk outs because of the grade and they will likely be lookouts, which will not be so high. Mr. McLevish asked about the location of the driveway that exits the property. Mayor Huber stated that it is still lined up with the driveway of the neighbor across the street. Staff has talked with county staff and is trying to work with them to see if there is a way to do a turnaround on that neighbor's property. Engineer McDermott sated that the county is concerned with having any private improvements inside the right-of-way. If it is a question of safety, there may be a chance that something can be done. Page No. 6 June 29, 2005 Responding to a question from Councilmember Krebsbach, Mr. McLevish stated that he would like it to be noted in the resolution or developers agreement to have units 1 through 4 and 4 and 6 to be lookouts. Ms. Barbara Tischler, 1380 Wachtler, stated that she has a direct view of the high rise building and that is a concern to her. Her concern would be tree cover and the visual of a building and the view from her front yard. She asked if the roof line will be over the existing trees. Mr. Menke showed photos with a view from Ms. Tischler's front yard. The photos reflect a three story building with a peak roof, and the trees are significantly higher than the building. Couuncilmember Duggan asked if some evergreens can be planted in that area on the OPUS property to screen the view in the wintertime. Mr. Menke responded that there will be some landscaping along that edge but that there will be storm water improvements along that edge and that will cause some disruption. The plantings will e closer up against the twin homes, but he can direct the landscape architect to look at making additional plantings. Mr. Celestine VonFeldt, 701 Woodridge Drive, stated he thinks this is an opportunity for the Council to do something for Mendota Heights. The alternatives if the Ecolab building is removed and something else goes in does not make sense to him. OPUS is a class operation and they have done everything the Council has asked them to do and he thinks this will be a class development when it is done. He sympathizes with some of those living around it whose views are impacted, but there are 112 Mendota Heights residents who could live there and stay in Mendota Heights. Responding to questions from Councilmember Krebsbach, Mr. Menke stated that some of the distances between the twinhomes are more constrained than they were and that he will look at them to see if he can improve that. They range from 20 feet to about 45 feet and he will try to improve on that. He stated that he had a conversation a day or two ago with the neighbors identified as parcels one and two and they are supportive. Councilmember Krebsbach stated that she had not heard from anyone on Wachtler until tonight and they seem fine with the plan with the improvements to the tree cover. She would like to see units Page No. 7 June 29, 2005 13 and 14 pulled in and keep units 1 through 6 at a lower level if possible. Councilmember Duggan stated that item two of the Be It Further Resolved section to stipulate 110 units on 25 acres and that item four should be revised to say a variance for impervious surface coverage from 25 to 28 %. Attorney Schleck responded that the item specifically refers to the planning case, so the number of units and acreage on the plan this evening should be incorporated into the resolution implicitly. The resolution incorporates the current plan as presented. He noted that this is just preliminary site plan approval and OPUS must come back for final site plan approval. Councilmember Vitelli stated that he does not support the request to move units 13 and 14, nor does he support restrictions on units 1 through 6. Councilmember Duggan moved adoption of Resolution No. 05 -39, "A RESOLUTION APPROVING A CUP FOR A PUD, COMPREHENSIVE PLAN AMENDMENT, REZONING, SUBDIVISION, CRITICAL AREA PERMIT, CUP FOR FILL, AND VARIANCE FOR IMPERVIOUS SURFACE FOR A MULTI- FAMILY RESIDENTIAL REDEVELOPMENT AT 820/840 SIBLEY MEMORIAL HIGHWAY," with the amendments he recommended. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 NURT Engineer McDermott stated that she and Guy Kullander met today with representatives from Dakota County and MnDOT. MnDOT will not allow the NURT trail to go between T.H. 110 and the frontage road. If it is in that corridor, they would want it to go on the north side of the frontage road, in front of the residences until it gets to the Village at Mendota Heights. They are asking if the city wants to pursue with the neighborhood having it on the north side or if they should just give back the federal funds. MnDOT is concerned about safety on the trail. Mayor Huber responded that the neighbors do not want the trail on the north side. Council can discuss the issue fiirther at the next meeting. Page No. 8 June 29, 2005 Councilmember Vitelli stated that he thinks the south side is very unsafe and he would never allow a member of his family to walk that close to the highway. WORKSHOP Mayor Huber informed Council that he received a call from the Trust for Public Land and he suggested to them that Council hold a workshop to meet with them to hear about what they have done and what they are looking for. It was the consensus to conduct a special meeting from 7:00 p.m. to 8:00 p.m. on Tuesday, July 5. COUNCIL COMMENTS Councilmember Vitelli complimented the Fire Department, stating that there was a terrible house fire earlier this week caused by lightning and there was a $500,000 loss. He was able to be there and watched the firefighters and was extremely impressed with them and the back up support from Eagan and Inver Grove Heights. He congratulated the fire department and expressed his sympathy to the home owners. Councilmember Krebsbach commended staff for the way they handled the notifications of the special meeting. ADJOURN There being no ffirther business to come before Council, CoLincilmember Duggan moved that the meeting be adjourned. Councilmember Schileeman seconded the motion. Ayes: 5 Nays: 0 Kathleen M. Swanson City Clerk ATTEST: John J. er May