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2005-03-01 City Council minutesPage I of 23 March 1, 2005 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 1, 2005 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 Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Krebsbach, Schneeman and Vitelli. Councilmember Duggan had notified Council that he would be absent. PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of Allegiance. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the agenda for the meeting, revised to add item 6k, acknowledgment of Parks and Recreation Commission minutes. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Schneeman moved approval of the minutes of the regular meeting held on February 1, 2005 as amended. Councilmember Vitelli seconded the motion. Ayes: 2 Nays: 0 Abstain: 2 Huber, Krebsbach Councilmember Krebsbach moved approval of the minutes of the regular meeting held on February 15, 2005 as amended. Councilmember Schneeman seconded the motion. Ayes: 3 Nays: 0 Abstain: Schneeman CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent for the meeting, revised to move item 6c, NOISE event participation, to the regular agenda, along with authorization for execution of any necessary documents contained therein. Page 2 of 23 March 1, 2005 a. Acknowledgment of the minutes of the February 22, 2005 Planning Commission meeting. b. Acknowledgment of the Building Activity Report for February. c. Authorization for the issuance of a purchase order for replacement of the rooftop furnace/make-up air unit at the public works facility. d. Authorization for issuance of a building permit for parking expansion and associated changes for the Pilot Knob Distribution Center at 2360 Pilot Knob Road. e. Adoption of Resolution No. 05-09, "A RESOLUTION DENYING A WETLANDS PERMIT." (Case No. 05- 03, Genadek.) f. Adoption of Resolution No. 05-10, "A RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR RETAINING WALLS AND FILL FOR DENNIS AND LORI GALLIGAN AT 1845 HUNTER LANE." g. Adoption of Resolution No. 05-11 "A RESOLUTION APPROINGING MENDOTA HEIGHTS CITIZEN AND COUNCIL REPRESENTATIVES TO THE NDC4 COMMISSION." h. Approval of the list of contractor licenses dated March 1, 2005. i. Approval of the list of claims dated March 1, 2005 and totaling $319,742.17. j. Acknowledgment of the minutes of the February 8, 2005 Parks and Recreation Commission meeting. Coiincilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 NOISE PARTICIPATION Council acknowledged a memo from Administrator Danielson in reference to a letter from the City of Eagan requesting a $700 city contribution towards the cost of a dinner boat cruise as part of the NOISE conference to be held in July. Councilmember Vitelli stated that the request from Eagan is to help fund a July 20 dinner boat cruise as part of a national NOISE conference that Eagan is sponsoring. He stated that he opposes supporting the request because of the tight budget and also in general he sees a $6,500 social event that several cities are asked to pay for and he does not see any benefit to the residents of Mendota Heights or anything in the Eagan letter saying how the event will help the residents of Mendota Heights. Page 3 of 23 March 1, 2005 Councilmember Schneeman stated that she would prefer to spend any money the city has in the budget for the NOISE conference itself, and she thinks any of Council who want to attend should pay for their registration. Councilmember Krebsbach agreed, stating that the city does not spend money on social events. Councilmember Vitelli moved to decline the request. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 CASE NO. 05-05, CONWAY Council acknowledged an application from Mr. Gregg Conway on behalf of the homeowners at 716 Maple Park Court for a critical area permit for an 8' by 12' home addition. Council also acknowledged associated staff reports. Mr. Conway was present for the discussion. Assistant Hollister stated that the project is for a relatively small addition to the existing kitchen. The city planner and Planning Commission have recommended approval. Councilmember Krebsbach stated that Council wants to make sure there is no fill and it is not a tear down. Mr. Conway responded that this new construction and that there will not be any fill. Responding to a question from Councilmember Krebsbach, Mr. Conway stated that everything will be built exactly as represented in the plans. Responding to a question from Councilmember Krebsbach, Assistant Hollister stated that neighbors were notified in accordance with the ordinance requirements. Councilmember Vitelli moved adoption of Resolution No. 05-12, "A RESOLUTION APPROVING A CRITICAL AREA PRMIT FOR AN 8' BY 12' HOME ADDITION AT 716 MAPLE PARK COURT." Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05-07, BROWN Council acknowledged an application from Brown College COLLEGE for a zoning ordinance amendment and a conditional use permit to allow massage therapy instruction as a conditional Page 4 of 23 March 1, 2005 use in the Industrial district. Council also acknowledged associated staff reports and information from Brown College. Present for the discussion on behalf of Brown College were its President, Alan Stutts, Ms. Terry Anderson, Vice President of Academic Affairs, and Ms. Rosanne Moran, chair of the medical and massage therapy program. Assistant Hollister stated that one of the new programs Brown College will be starting this fall is massage therapy. They met with planning staff to talk about getting permission for the students to perform massage therapy on the general public — family and friends of the students. The city planner felt that would not be permitted under the existing zoning language. Brown College representatives met with Council for preliminary discussion and then submitted an application for an amendment to the "I" description and also for a conditional use permit. The Planning Commission recommended approval. Councilmember Vitelli stated that Council has received a letter from the President of Brown College describing the college goals and policies and plans for this program. That was an excellent response. He stated that he had asked Brown to inform Council on their plans and goals regarding on street parking, and he was very impressed with what they submitted. Councilmember Krebsbach stated that there was also a statement of ethics presented to Council this evening by Brown. She further stated these programs are common at colleges as part of the healing art. She appreciated receiving the statement of ethics and the documentation Brown presented and would support the applications if parking is not a problem. Councilmember Vitelli stated that he also is very pleased with the responses being so quickly submitted and so complete. Mayor Huber stated that he is going to oppose the requests on the basis that, while he has no problem with what Brown is teaching, his concern is that Council is straining a bit on making changes to the zoning ordinance on allowing a lot of what is being characterized as professional services. Council has not traditionally put those changes in before. He can understand why a change was made for Le Cordon Bleu, but Page 5 of 23 March 1, 2005 is less convinced about this request. Brown could teach any number of programs in their facility that he does not think Council would want sold or practiced in that facility. His position is not a reflection on Brown, but he thinks from a zoning point of view it would be wrong to amend the ordinance. Councilmember Schneeman asked why the students could not practice the massage therapy on the other students without bringing people in from the outside and not charge a fee. She further stated that she understands the Mayor's point in bringing other people in to the college for the therapy. Ms. Anderson responded that there is no charge to the patients. The only difficult part of performing massage on other students is when the students are in the clinic they have limited access to other students at that particular time. It is a accreditation that students get a variety of experiences. To perform massage on the same people over and over again does not given the students the diversity and complex dealings with relationships with the patients that they need to meet the requirements of the program and to be successful in the field. In order to maintain the accreditation Brown recommends, and also to adhere to the massage guidelines of the Massage Therapy Association, the program needs to provide the students with diversity in their clientele. To only limit them to only the students and faculty who are available when they are in clinic would limit their experience. Councilmember Krebsbach asked if the therapy profession is covered by insurance as part of rehabilitation, since massage therapy is really part of the medical profession. She noted that it might be that the students need to work on people who are the elderly, people of different races and disabilities. Ms. Anderson responded that the students need to work with a variety of people in order to get their certification. Brown does not provide insurance, but massage therapy is covered by medical insurance. Responding to a question from Councilmember Schneeman, Ms. Anderson stated that infants and children would not be treated as part of the program and that the demonstrations and the massages that are provided for people under age 18 are being done strictly by faculty at this time, and that is the plan. Page 6 of 23 March 1, 2005 Councilmember Krebsbach stated that there is a real need for a student to have worked with a wide range of patients. Responding to a question from Mayor Huber, Ms. Anderson stated that other schools offering massage therapy programs are bringing patients in and also going out to other facilities. Brown also plans to take the students out to other facilities, but the students need 120 hours for accreditation, the college has a clinic available, and the students could bring in people they know and people who would not need to be scheduled through another facility. It is traditional for allied health programs to participate in agreements with college programs at all levels. Every school brings in patients — dental schools, medical schools, etc. Right now it is a certificate diploma program, and Brown is awaiting approval for an associate degree option. That could be articulated with other degrees at Brown. It is currently a nine month program. Councilmember Krebsbach stated that she has not approved of a couple of different organizations coming into the industrial park, but this is a college and a program that they offer, and it is in keeping with what is comparable to other colleges. It is different from someone wanting to open a massage therapy business. She asked if Council should be concerned that amending the ordinance would open the doors to a massage therapy business. Attorney Schleck responded that Councilmember Vitelli had raised that issue as well, so he has done some research. With some of the modifications recommended by Councilmember Vitelli, such as having the program be available at facilities that are accredited, by a certification program, that provide degrees, he thinks that Council can limit the expansion of the use into any other business. He will prepare the language of the resolution after Council's discussion. Councilmember Vitelli stated that rather than just adding "massage therapy instruction" to the proposed ordinance, he recommends adding "massage therapy instruction by an accredited college." Councilmember Krebsbach recommended that it be changed to add that it be an accredited program as well. Councilmember Vitelli stated that makes him comfortable that amending the ordinance would not put Council into a Page 7 of 23 March 1, 2005 difficult position if someone wants to come in with a massage therapy business. Secondly, he referred to Dr. Stuffs memo of February 23, wherein he responds to Councilmember Vitelli's request that he delineate the program and what the internal policies and regulations are. He recommended that the language in the memo, from the second paragraph to the end of the memo, be included as a definition of the conditional use. Attorney Schleck stated that the language specifies Brown College and asked if Councilmember Vitelli intends to limit it to Brown College. Councilmember Vitelli responded that was not his intent and that Attorney Schleck can modify the words but keep the intent of the memo. Councilmember Krebsbach felt that it should be restricted to Brown College. Attorney Schleck responded that there could be challenges in terms of reverse spot zoning if another facility could meet all of the conditions. He asked Council to allow staff to draft the amendment for Council's review, taking in all of the comments. Councilmember Schneeman stated that she likes that there is no fee being charge. Councilmember Vitelli stated that he is very impressed with Brown's parking memo and the actions they are going to take. He asked that Brown's representatives to give Council a follow-up on parking in six months to let Council know how they are doing. Councilmember Vitelli moved approval of the request with direction to staff to prepare a modified resolution and ordinance for consideration at the next meeting. Councilmember Schneeman seconded the motion. Responding to a request from Councilmember Schneeman, Dr. Stuffs reviewed the parking memo for Council. He stated that he will work with Le Cordon Bleu to create smaller class sizes in their annex building and in the long term, he thinks that Brown can work out a shuttling system for students between the Le Cordon Bleu and the Brown Page 8 of 23 March 1, 2005 College campus. Also, each of the management companies that Brown has leases with on Pilot Knob and Northland will be approached to change their position on allowing student parking in their lots and to also lease additional parking spaces to Brown. Brown will also be working with the landlord of the main building to discuss the idea of a parking structure at the main campus building. Councilmember Krebsbach asked the Brown representatives to provide their program accreditation and institutional accreditation language to be inserted in the resolution. Ayes: 3 Nays: 1 Huber CASE NO. 05 -04, MOHAGEN Council acknowledged an application from Todd Mohagen for approval of a PUD preliminary development plan, preliminary plat and variance for a proposed office development at the northeast quadrant of I -494 and I -35E. Council also acknowledged associated staff reports. Mr. Mohagen was present for the discussion. Assistant Hollister stated that the zoning ordinance requires a minimum of 10 acres for a PUD, but it can be as few as five acres. Mr. Mohagen is asking for a variance from that requirement. The property is zoned LB -PUD, and even though it is just three acres, staff has recommended that he pursue a PUD. The Planning Commission recommended approval. Mr. Mohagen stated that he wants to make sure that the resolution that the approval resolution suggests that the trash enclosure be closer to the building. Assistant Hollister responded that it does. The third condition was a recommendation of the city planner, but at the Planning Commission meeting, the commission recommended that the enclosure be closer to the building, so that condition should be removed. Councilmember Krebsbach stated that she did not support the concept plan originally because she did not like to mix the residential look in the business community. The applicant has since removed the siding and replaced it with brick. Page 9 of 23 March 1, 2005 Responding to questions from Council, Mr. Mohagen responded that the building is wood frame and is totally sprinkled. The roof is a higher quality, 30 year asphalt shingle to make it look like cedar shake. He stated that the fire chief has reviewed the plan and also that he is okay with the driveway width and turn around and he agrees with the chief on hydrant locations. Councilmember Schneeman moved adoption of Resolution No. 05 -13, "A RESOLUTION APPROVING A PUD PRELIMINARY DEVELOPMENT PLAN, PRELIMINARY PLAT, AND VARIANCE FOR AN OFFICE DEVELOPMENT AT NORTHEAST QUADRANT OF I -494 AND I -35E." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05-06, SAMPSON Council acknowledged an application from Sampson PROPERTIES Properties for a wetlands permit to allow construction of an office building at 1210 Centre Pointe Curve. Council also acknowledged associated staff reports. Mr. John Farracci was present for the discussion on behalf of Sampson. Assistant Hollister informed Council that Sampson Properties would like to construct an office building on the south side of T.H. 110, on Center Point Curve. This is not part of the Centre Pointe development. He appeared before the Planning Commission in February and the commission recommended approval, as did the city planner subject to the conditions contained in the recommending resolution. Mr. Farracci stated that he has also met with the fire chief and city engineer. He showed Council samples of the brick that will be placed on the building and stated that he does not have any problems with the conditions except the second entrance recommended by the Fire Chief. He would like the city engineer to go over that with Council. The owner would not like to have a second entrance but will if wishes. This will be an all brick building and should blend in with all of the surrounding properties. Councilmember Krebsbach stated that the neighborhood on T.H. 110 looks at the buildings in Centre Pointe and it is important that the lighting and everything blend in. She asked what the view will be across T.H. 110. Page 10 of 23 March 1, 2005 Mr. Farracci responded that the building will be a bit higher. There is one entrance planned with a three foot landscape berm to screen some of the building. The building was pushed back as far as possible, and it is right next to the cemetery. Councilmember Schneeman stated that the Roseville Properties development is behind this site, but there is nothing close to the building. It is a beautiful site. Councilmember Krebsbach stated that she would like to know what will be facing the highway. Mr. Farracci responded that the length of the building runs parallel to the highway. The front will face T.H. 110. There will not be any ventilation on the roof. The building will be office condominiums with individual mechanical units for each space. The developer is also proposing to plant locust and red crab trees on the three foot high berm. Councilmember Schneeman stated that the property is set back and the building would not be seen very well from Centre Point Curve. Mr. Farracci stated that the building will be back 170 feet from the curb. The units are 28 feet wide by 52 feet and there are six of them on the top level and six on the bottom. He will come back with signage when he does the project. There will be one sign in the comer as shown on the landscaping plan and he is thinking about individual signage on the windows in the doors. He is not sure about signage yet because he does not know who the tenants will be. Councilmember Vitelli stated that the plan is fine to him. With respect to the second entrance, he defers to the fire chief to make the decision. Councilmember Vitelli moved adoption of the proposed approving resolution, deferring a decision on the second entrance to the fire chief. Councilmember Schneeman seconded the motion. Engineer McDermott stated that she and Chief Maczko met with the applicants this evening, and Chief Mac7Jco would prefer a second entrance but with the other changes Mr. Farracci has made to comply with his request (Mr. Farracci Page 11 of 23 March 1, 2005 has agreed to add a fire hydrant next to the building, the building is sprinkled and he has reconfigured the parking lot to get the radius requirements the chief would like to see), the chief deferred to staff. The problem is that Mr. Farracci would lose some of the landscaping and a portion of the berm along Centre Pointe. Councilmember Schneeman asked Mr. Farracci if he is working with someone on the prairie grass. Mr. Farracci responded that they have retained Prairie Grass Restoration, which works with all of the DNR projects. This is something extra that the developer would like to do. Councilmember Vitelli moved adoption of Resolution No. 05 -14, "A RESOLUTIONAPPROVING A WETLANDS PERMIT FOR AN OFFICE BUILDING AT 1210 CENTRE POINTE CURVE," as the plan is laid out, without a second entrance. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 CASE NO. 05 -08, OPUS Council acknowledged a request from the Opus Corporation for consideration of a concept plan for a multi- family PUD at Highway 13 and Wachtlet (Economics Lab site). Council also acknowledged associated staff reports. Assistant Hollister informed Council that Economics Labs is consolidating all of its operations in Dakota County at its Eagan facility and is moving out of Mendota Heights. They are intending to sell the property to Opus for redevelopment into a residential use. Opus met with planning staff and staff advised them of several unique conditions on the property — it is on county and state roads and two- thirds of the site is in the Mississippi River corridor. Opus decided to submit a PUD concept plan to the Planning Commission and Council. They are present this evening to discuss the concept plan. In addition to the city meetings, Opus has scheduled a neighborhood meeting at Mendakota Country Club for next week and they encourage everyone who is interested to attend. Mayor Huber asked about the planner's report comments, apparently typographical errors, that the building is 350 feet tall and 350 feet wide. Page 12 of 23 March 1, 2005 Assistant Hollister responded that the building is proposed to be 35 feet tall. He also believed that it is proposed to be 35 feet in length. Mayor Huber asked about the paragraph in that memo that talked about the county requiring additional right -of -way. He asked if that has any relationship to his desire to square off the intersection of Wachtler and T.H. 13. Engineer McDermott responded that the county ultimately would like 100 feet of right -of -way on Wachtler and is requiring 50 feet of right -of -way for this development. She talked to MnDOT about squaring off the intersection and they thought that would be a city initiated request. Mayor Huber stated that the property is located at the intersection of a county road and a state highway. He asked if Council would request the county to check into it. If one is on Wachtler wanting to turn left onto 13, if there is a car in the right -hand turn lane on 13 to turn onto Wachtler, it creates a long blind spot for the person on Wachtler. A county road intersecting a state highway should be the best traffic design for what the angle is. If the county or state feels the intersection needs some work, now is the time to do it. Councilmember Schneeman agreed, stating that she has seen many traffic accidents there. Councilmember Vitelli stated that in the planner's letter, page five, it states that the ordinance specifies that no recommendations are appropriate at this time and therefore he makes no recommendation. He asked if that should be Council's position, that it make no recommendation. Assistant Hollister responded stated that the planner meant to say is that there is language in the ordinance that states that all Council comments made in the concept plan stage are non - binding. Councilmembers can voice their opinions, but the city is shielded in the process. Mr. David Menke, Vice President of Real Estate Development for Opus NW, stated that he is present to share a revised plan with Council. Opus is looking forward to working with the city and the neighborhood and staff to Page 13 of 23 March 1, 2005 arrive at a plan that works for everyone. Opus has been extremely active in the residential arena and has 1,200 residential units throughout the Twin Cities for which he is responsible and 6,000 units throughout the country. This will be the fourth project in the Twin Cities area. He introduced Mr. Tim Mumane, Senior Vice President and General Manager, a representative from BSV Architects, Mr. Bruce Melton from Eco Labs, and Mike Monahan, traffic consultant for the project. Opus has been active on the site for the past six months. It is a beautiful site but it does not come without constraints. There are height constraints on 2/3 of the site. There has been high level of environmental scrutiny done on the site, and there is bedrock two to four feet in depth across most of the site. Those issues have influenced Opus site planning. Opus has conducted focus groups in an effort to arrive at a plan for the marketplace and one the city will be proud of. Opus would like to have approvals before the end of July so that they can close on the property in early September and do site work, from September through November. They hope to get into the ground by the end of this year with June, 2006 as the target delivery date for the first homes. He reviewed the revised site plan, stating that it reflects comments from Councilmembers Duggan, Vitelli and the Planning Commission on density and height. He stated that he incorporated responses to those comments into the revised plan. The revised plan has two condominium buildings versus one large condominium building in the original plan. The one theme that has not changed is that it attempts to preserve the natural amenities that exist on the site today, specifically the tree line along Wachtler Avenue and the trees to the south and east of the site and the northern quadrant. The plan has generous landscaping internal to the site and the intent of generous berming along T.H. 13 and the easement boundary on the western part of the property. There will be two accesses, one on Wachtler and one on 13. The new plan relocates the Wachtler access 90 feet from its formerly proposed access at the direction of the county. The state has provided preliminary comments to the city. He is waiting for formal feedback. Councilmember Krebsbach stated that one of her concerns is that the comer keeps the existing mature trees. Mr. Menke responded that there is a large clump of trees at Wachtler and 13, and that will remain. There are two Page 14 of 23 March 1, 2005 driveways on 13 now, and there will only be one with the new development. Opus has completed a preliminary traffic analysis and submitted that analysis to the city. Opus has updated those numbers to reflect new densities and population. What the analysis says is that total trips for the new densities compared to the traffic vol-Limes and population at Economics Labs today is 200 trips less and about one half of the peak hour traffic. Traffic conditions will be better with the new development. Councilmember Krebsbach stated that she does not want it to be at the point where a stop light would be required. Mr. Menke responded that he had that dialogue with the traffic consultants. Mr. Monahan stated that traffic signals are only installed where there are warrants. This proposed development reduces traffic generation during peak hours, therefore he would think if it does not meet the county warrants to be signaled today, he doubts it would need a signal with this proj ect. Mayor Huber stated that his concern on traffic is that he thinks one entrance on T.H. 13 is not adequate for the new development. His problem on the morning traffic is that very few people will be exiting this development on Wachtler because there is no place to go from there. In the morning people will be going to T.H. 13 to get to I -35E. One entrance for all those houses to T.H. 13 is not enough. Mr. Monahan responded that in the morning, the out condition during the peak hours would be 44 vehicles coming out. In today's conditions, in the afternoon there are probably 107 cars trying to come out of the site. The location of this new driveway is better. Also, the site visibility at this location is better. Engineer McDermott stated that she spoke to MnDOT on Monday and they are only going to allow one access from the site to T.H. 13. They want one of the existing accesses eliminated and they want the access that is shown shifted 30 to 40 feet to the east because they are going to require a right turn lane off T.H. 13 into this development. Page 15 of 23 March 1, 2005 Mr. Menke stated that the other feedback Opus received from the county is the idea of gaining the additional 20 feet of right-of-way beyond the 30 feet that exists today. Opus has a site plan that accommodates the additional right-of- way. Opus would like to preserve the trees along Wachtler and would like to discuss with the county a tree replacement process by the county within their right-of-way if they take any trees in the future by widening Wachtler. Mayor Huber stated that he cannot imagine that they would ever want to widen Wachtler. He is more concerned about on storm water collection on the inside part of this development on Wachtler. Councilmember Vitelli asked if the county's position is that they will take additional right-of-way or that they wish to. Administrator Danielson stated that they will take it. As new plans are proposed on county roads, the county requires 50 feet of right-of-way. They have not indicated that they intend to turn Wachtler back to the city. Councilmember Krebsbach stated that there has been storm water ponding on the site. Councilmember Schneeman stated that there used to be many more trees there, but every time there is a strong storm the trees fall over because they have shallow roots. Mr. Menke responded that he is working with his civil engineers on drainage. Councilmember Vitelli stated that Wachtler is like a river when there is a strong rain. He asked if Economics Labs has a basement and if so, if it is full of water. A representative from Economics Labs stated that one building has a half basement and there is no water filling in there. Mr. Menke stated that Opus has maintained the primary central water detention feature in the middle portion of the site. New to this plan is the idea of routing the trail connection on the western border of the property. He stated that there is a trail system that terminates at Bluff Court and there is a natural Excel easement that runs north/south. Opus Page 16 of 23 March 1, 2005 would grant trail rights along that easement area. The city engineer has pointed out that the grade presents some problems, but he would like to continue to explore the possibility. A trail along Wachtler would impact the existing trees. He stated that he feels there is more utility to the western connection because it would serve more the surrounding properties better. He would like to have more dialogue with the Parks Commission about the trail. Councilmember Krebsbach pointed out that people would walk through the development as part of the trail system. Mr. Menke stated that Opus proposes a mixed use development of condominiums and twin homes. By mixing a broader range of homes, one gains a greater sense of community. Mayor Huber stated that it appears that Opus is talking private drives. He asked why the city would not want public streets. Engineer McDermott responded that the primary reason not to do public streets is maintenance. There are a lot of driveways, which causes problems for plowing and snow storage. One of the reasons Opus is requesting a PUD is that the setbacks can vary from the normal 30 foot setback and the concept plan has setbacks less than 30 feet. Administrator Danielson stated that all of the most recent developments have at least a core of public streets and he thinks that would be appropriate in this development. Mayor Huber felt that they should be public streets so everything is standard. That is what the city has always done. Mr. Menke stated that Opus will adhere to city standards. There will be provisions in their declarations for maintenance. The streets are 28 feet wide. Mayor Huber stated that there could be flexibility on standard city street widths but he wants public streets. Victoria Highlands private streets failed and the city rued the day it allowed the private streets. Page 17 of 23 March 1, 2005 Administrator Danielson stated that the city seal coats city streets but does not seal private streets. People in Victoria Highlands asked why there streets were not sealed. People who have private streets pay the same taxes as other residents but do not get the same service, and that is why the city decided to only allow public streets. Mayor Huber stated that he would have to be really convinced to vary from that. He feels very strongly that they should be public streets. Administrator Danielson stated that Eagle Ridge has a core of public streets that loop through, with private streets coming off of them, and that is what he would envision for this development. Councilmember Krebsbach stated that another reason to have them be public streets is for the residents to use the trails and walk through the development. Mayor Huber agreed that the core road must be public. Mr. Menke stated that sidewalks are proposed throughout the community. The roadway width does allow for on street parking. The townhomes will have two car garages and there will be parking for two cars behind the garages. The townhouse component of the project has only changed nominally. The townhomes will ring courtyards and will have shared driveways to reduce the impervious surface in the development. It will minimize the driveways that face the street. They will appear to be large single family homes with a European nature and high quality materials. He reviewed the sizes and price points of the homes. Opus is exploring the option of having second stories. The benefit to the newly configured footprint is that the number of homes has been reduced from 56 to 53. Impervious surface has been reduced from 36% to 28.5 %. Councilmember Schneeman stated that she likes the fact that Opus has made the garages not be a focal point. Mr. Menke stated that the condominium component has changed dramatically from the initial plans. Opus split the four story, 68 unit flat roof condominium structure in the original plan into two 30 unit three story building with hip roofs and more residential looking buildings. This plan more Page 18 of 23 March 1, 2005 closely fits with the neighborhood and also with the twin homes. The splitting of the two buildings allows for a central garden area between the two buildings for the condominium owners and becomes a focal point for the development itself. The buildings will have a European lodge feeling and will consist of up -scale units of 1,600 to 1,900 square feet. There will be underground parking, a central club room in each building, common green space and a fitness facility in the buildings and a trail connection. The roofs will have 6:12 pitch. At the peak, the roofline will be 50 feet at the highest point. The flat parapet of the four story building was 40 feet in height. The general feedback has been that the new design is more residential looking. There will be ten units per floor versus the original seventeen units per floor. He stated that the total development will have 116 units versus the original proposal for 131 total units. The gross density is 4.64 per acre: net, backing out non- developable is 5.8. Councilmember Vitelli stated that his main concern with the plan could be answered by Mr. Menke helping Council understand if he were in one of the homes to the south on Cherry Hill Road and stood on his back lawn, how high a building he would see. He stated that he does not think the residents should see 20 feet of roof. Mr. Menke agreed, stating that Opus dramatically changed the design and massing. The next chore for the architects is taking a birds eye from the north. He thinks the buildings are oriented on the right portion of the site. Putting them on T.H. 13 would create a barrier and wall the site up. Opus would like to create a pedestrian scale community. The topography allows the one condominium to tuck into the hillside and the second one is turned away from the nearest home. Councilmember Vitelli asked if the two condominiums need to be close. Perhaps one of the condo units could be placed towards the 13 /Wachtler intersection and the other on the other end. Mr. Menke responded that Opus is faced with the critical area and has a 30 foot constraint within the critical area. The new building is 50 feet high and there is a 30 foot height restriction on the western portion of the property because of the critical area constraints. Opus has spoken with legal Page 19 of 23 March 1, 2005 counsel who is very familiar with DNR regulations and was told there would only be a one percent chance of the DNR granting a variance from the 30 foot height limitation. Administrator Danielson stated that Council can consider a variance under the city's ordinance but would have to submit a variance application to the DNR for review and comment. Attorney Schleck stated that he would like to look into the issue more before he could say the city could grant a MAI i Esi lKO Councilmember Vitelli asked Mr. Menke if, without that problem, Opus would consider moving the condominiums — one to the west corner and one on Wachtler at T.H. 13. Mr. Menke responded that he does not think that is the best direction for the site. Councilmember Krebsbach stated that shat she likes about the plan is that it keeps the gracefulness that exists on the site. She would like to see what impact there would be on the view of the people on Cherry Hill, as many of those homes have a panoramic view. Councilmember Vitelli recommended that when Opus holds the open house, they bring models or drawings to show the people what they will look at. Councilmember Schneeman stated that there were a lot of parking spaces with the one big condominium building which she did not like. Now the parking is interspersed and she likes the plan better. Mr. Menke responded that Opus tried to break things up and believes this is a better plan. Councilmember Krebsbach commented that she appreciates the letter from the CEO of Economics Labs when the property sold. Mr. Menke stated that Economics Labs still owns the property, but Opus intends to do its best for a plan that works for everyone and buy the parcel in September. Page 20 of 23 March 1, 2005 Councilmember Schneeman stated that if the plan must go to the Metropolitan Council with the comprehensive plan amendment, they are not very fast in approving things. Councilmember Vitelli asked what the process is if Council finds a layout that is acceptable. Attorney Schleck responded that the comprehensive plan amendment and PUD applications would function as a parallel process. The city approvals can be contingent on Metropolitan Council approval of the comprehensive plan amendment. Mr. Phil Stringer, 1382 Cherry Hill Road, commended Eco Lab for being terrific neighbors. He would also like to commend Opus for putting the neighbors at ease. The neighbors concerns' are the height of the condominium buildings, the potential for a bike path down Wachtler, which he sees no purpose in doing. A trail on the west side would get people from the Cherry Hills area to where they would like to go. The county right -of -way issue is a concern. Mayor Huber responded that Mr. Stringer's property would not be impacted since it is not being platted. Mr. Robert Yankovich, 1553 Park Circle, stated that he came tonight just to observe and see what is going on. He is a real estate professional and has had many people ask him about the development and he has had other colleagues ask him what is going to be put up. There is a lot of excitement about the development. He has visited some of the Opus developments in the cities and they are very upper crust in terms of quality construction and people in Mendota Heights should be very pleased they want to do a development here. CASE NO. 04 -42, McDONALDS Council acknowledged a memo from Assistant Hollister regarding the proposed landscaping plan for McDonalds (Case no. 04 -42). Council also acknowledged a memo from Police Investigator Brian Convery. Ms. Jane McKay, McDonalds' manager, was present for the discussion. Assistant Hollister stated that McDonalds was built in 1975 and the drive- through was added in 1978. Both plans had landscaping plans accompany them. In 2004, McDonalds wanted to move the cash booth from a separate structure into the building. The Planning Commission recommended that Page 21 of 23 March 1, 2005 they reinstall the landscaping plan they committed to in 1978. Ms. McKay was unaware of the plan, and staff provided a copy to her. When this came to the Council, Ms. McKay made the case that she wanted to begin the project and would come back in March with a landscape plan. Back in November, Council said they could go ahead with the structural changes and come back in March to discuss landscaping. Investigator Convery and the city planner have reviewed the plan. The planner thinks the plan is find but suggested an additional sugar maple tree. Ms. McKay asked Investigator Convery to provide an investigation on the landscaping from a public safety standpoint. There is a growing discipline that has to do with improving public safety through environmental design. Both Ms. McDonald and the police department have the position that it is a good thing that McDonald have a clear view from the road in terms of public safety Assistant Hollister stated that he thinks McDonalds intends to comply with all six of the recommendations made by Investigator Convery. Councilmember Krebsbach asked what the crime record is at McDonalds, stating that there has been landscaping but not much crime. Ms. McKay responded that the plan is to replace some that were cut down in the spring to increase visibility to their parking lot. Rather than go back to the 1975 plan that had extensive low shrubs, she is proposing to replace the four sugar maples and keep them trimmed up. The old drive through area will be planted with shrubs. The shopping center has been a gathering place after hours and she has worked with Investigator Convery on issues related to drug deals in the shopping center parking lot and the McDonalds lot. Councilmember Vitelli asked why this is before Council, stating that something was agreed to in 1975 and if she wants to plant more trees, that is fine. Mayor Huber stated that at the last discussion everyone felt that Ms. McKay would come back with a plan that she thinks is appropriate. Councilmember Schneeman stated that one of the reasons is that a neighbor across the street complained about the trees being taken out. Page 22 of 23 March 1, 2005 Councilmember Vitelli moved to approve the plan requested by Ms. McKay. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 2005 STREET IMPROVEMENTS Council acknowledged a feasibility report for proposed 2005 street improvement projects. Engineer McDermott briefly reviewed the feasibility study, which recommends overlays on Ridgewood Drive, Ivy Hill Drive and Maple Park Drive and street reconstruction on Dodge Lane, Ivy Falls Avenue and Sunset Lane. She informed Council that staff plans to conduct an informational neighborhood meeting during the last week in March and recommends a public hearing in April. Councilmember Schneeman moved adoption of Resolution No. 05-15, "RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON 2005 IMPROVEMENT PROJECTS." Councilmember Vitelli seconded the motion. Ayes: 4 Nays: 0 RADIO TASK FORCE Council acknowledged a memo from Administrator Danielson regarding creation of a radio task force. It was the consensus that Mayor Huber, Councilmember Vitelli, Administrator Danielson, Chief Aschenbrener and Chief Maczko serve on the radio task force. COUNCIL COMMENTS Councilmember Krebsbach commended Councilmember Duggan for the way he organized the recent NOC meeting. She stated that it was very well done. It was broadcast on cable and received public attention. She informed Council that she attended the last open house in Bloomington as the NOC alternate and it was not very well attended. The next one will be held Thursday in Minneapolis at Diamond Lake Lutheran Church. Councilmember Vitelli commended the police department. They had a busy week last week with an abduction and a chase of some people who crashed on Kendon Lane. He stated that he believes the police did the right thing by issuing the Amber Alert. Page 23 of 23 March 1, 2005 Councilmember Schneeman expressed condolences to the family of long time resident Dr. Jerry Hilger, who recently passed away. Councilmember Schneeman stated that she was very impressed with the attendance with the NOC meeting in Mendota Heights but attended the one in Bloomington and was disappointed with the turnout. Mayor Huber informed Council that he will be doing the Read Across America tomorrow at Somerset School. ADJOURN There being no further business to come before Council, Councilmember Vitelli moved to adjourn the meeting. Councilmember Schneeman seconded the motion. Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 9:50 p.m. Kathleen M. Swanson City Clerk ATTESa/. Jo 6 'f er or 141