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1998-06-02 Council minutesPage No. 1 June 2, 1998 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday June 2, 1998 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. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch and Krebsbach. Councilmember Smith had notified Council that she would be absent. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the regular meeting held on May 19, 1998 as amended. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgement of the minutes of the May 26, 1998 Planning Commission meeting. b. Acknowledgment of the unapproved minutes from the April 1, 1998 NDC4 meeting and the May 6 Executive Committee meeting. c. Adoption of Resolution No. 98 -31, "RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE FINANCING OF A PROJECT (LEXINGTON HEIGHTS APARTMENTS PROJECT)." Page No. 2 June 2, 1998 d. Acknowledgment of a memo from Police Chief Johnson regarding submission of a COPS MORE grant proposal. e. Authorization for the Fire Chief to attend the International Fire chief Association Conference in Louisville Kentucky in September. f. Authorization for city co- sponsorship of the annual Fourth of July fireworks with Mendakota Country Club in accordance with a memo from Administrator Batchelder. g. Approval of the list of contractor licenses dated June 2, 1998 and attached hereto. h. Approval of the List of Claims dated June 2, 1998 and totaling $142,852.54 Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS A resident of the senior housing facility was present to ask that a bench be installed at the end of the trail leading into the Friendly Hills neighborhood. She also informed Council that people on motorbikes race on the trail on weekends. Mayor Mertensotto directed Public Works Director Danielson to investigate the cost for a bench and try to find a donor. He informed the resident that anyone seeing motorbikes on the trail should call the Police Department. PARK CELEBRATION Council acknowledged a memo from Recreation Programmer Bill Bird and Secretary Kim Blaeser regarding the seventh annual Celebrate Mendota Heights Parks! Mayor Mertensotto informed the audience that the event will be held on Saturday, July 11 at Mendakota Park. He briefly reviewed the activities that are being planned for the celebration. Councilmember Koch moved to authorize $1,500 from the City Council budget for contingency purposes associated with Celebrate Mendota Heights Parks! LIQUOR HEARINGS Mayor Mertensotto acknowledged a report from the City Clerk and opened the meeting for the purpose of a public hearing on an Page No. 3 June 2, 1998 application from the Heritage Inn for renewal of its on -sale limited service hotel liquor license and Sunday on -sale liquor license. There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to approve the renewal of on -sale limited service hotel and special Sunday liquor licenses for the Heritage Inn of Mendota Heights. Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Mayor Mertensotto acknowledged a report from the City Clerk and opened the meeting for the purpose of a public hearing on an application from Mendota Liquor for renewal of its off -sale liquor license. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Koch moved to approve the renewal of an off -sale liquor license for Mendota Liquor. Councilmember Krebsbach seconded the motion. Mayor Mertensotto acknowledged a report from the City Clerk and opened the meeting for the purpose of a public hearing on applications from the Somerset Country Club and Mendakota Country Club for renewal of their Club on -sale and Sunday on -sale liquor licenses. There being no questions or comments, Councilmember Koch moved that the hearing be closed. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Councilmember Krebsbach moved to approve the renewal of Club on -sale liquor licenses and Sunday on -sale liquor licenses for Somerset Country Club and Mendakota Country Club. Page No. 4 June 2, 1998 1 Councilmember Huber seconded the motion. Ayes: 4 Nays: 0 Mayor Mertensotto acknowledged a report from the City Clerk and opened the meeting for the purpose of a public hearing on an application from the Courtyard by Marriott Hotel for renewal of its on -sale limited service hotel liquor license and Sunday on -sale liquor license. Ms. Mary Hargens, the new General Manager of the Marriott Courtyard was present to introduce herself to Council. There being no questions or comments, Councilmember Huber moved that the hearing be closed. Ayes: 4 Councilmember Krebsbach seconded the motion. Nays: 0 Councilmember Huber moved to approve the renewal of on -sale limited service hotel and special Sunday liquor licenses for the Courtyard by Marriott Hotel. Ayes: 4 Councilmember Koch seconded the motion. Nays: 0 CASE NO. 98 -07, Council acknowledged a letter from Semper Development requesting WALGREENS withdrawal of its application for comprehensive plan amendment. Council also acknowledged an associated memo from Assistant Hollister and letters from Mr. Jerry Springer and Mr. William Madden in opposition to the Walgreen's application for redevelopment of the southwest corner of Dodd Road and T.H. 110. Mr. Darrell Mulelrleile, Acting President of Mendakota Country Club, stated that the club and Walgreen's have submitted requests for withdrawals of their planning applications and are looking for direction from Council. He stated that Mendakota and Walgreen's have gotten a further understanding of the comprehensive plan review process and the Mendakota's master plan will proceed over the years until it is complete. In the plan, the two holes at the northeast corner are not needed and if a new maintenance building is built and the three existing old buildings are removed it will be better for the course. He stated that rezoning will continue to be at the forefront for Mendakota in the future as it is very important to Mendakota. He stated that Walgreen's is a willing buyer and Mendakota is a willing seller and the credit standing of the buyer is very important to Mendakota. He stated that over 80% of the club membership supports the proposal and many of them are Mendota Page No. 5 June 2, 1998 Heights residents. He acknowledged that there has been negative feedback from some residents but the vast majority of the club supports the development and Mendakota would like city support to continue to pursue development of the site. He informed Council that Mendakota will request the guidance of the Council and Planning Commission to come up with a way to amend the comprehensive plan and will work with the city during the comprehensive plan amendment process over the next few months. Mayor Mertensotto stated that the city must complete a comprehensive plan update by the end of the year as a legislative mandate. He stated that Mendakota is asking Council to evaluate if there should be a change and if so, what might be acceptable for the two acre parcel. He informed the applicants that the feedback he has received on Walgreen's is running eight or nine out of ten against making a change in the comprehensive plan to allow a conditional use permit. He stated that he feels Mendakota has made a wise judgment in withdrawing. He further stated that people are concerned about the traffic problems at the intersection and that they also like the existing landscaping on the site and do not want that to change. He pointed out that it is not up to Council to sell Mendakota's program and informed the applicants that in order to get a comprehensive plan change there must be at least a 4 /5ths vote by Council. He pointed out that he is only one member of the Council but that he thinks people are entitled to know how he feels. Councilmember Krebsbach stated that residents consistently wish to maintain the country character of the community and what she hears from the residents is that they wish to maintain a consistent development pattern. She stated that she would not be interested in the property becoming a commercial corner, pointing out that there is a traffic problem at the intersection already. She suggested that perhaps the city should consider purchasing one acre, or whatever would be needed, at the corner through TIF to add a traffic lane or trail. She informed Mr. Mulelrleile that she wants it to be clear that she will not support Walgreen's or any commercial use on the property. Mr. Mulelrleile responded that Walgreen's has worked with Mn/DOT and has approval. He did not feel that the Walgreens would create a traffic issue. He stated that Mendakota owns 152 acres and is asking to be allowed to sell that two acres for a better use. He further stated that Mendakota has no intention of selling any other property but that the Walgreen's proposal is very professional and upscale. He informed Council that there has even been Page No. 6 June 2, 1998 discussion on sinking the building to keep it at a lower level. He informed Council that Mendakota will continue to pursue Walgreen's and that the club wants to be cooperative in coming up with the right needs for that intersection. Councilmember Huber stated that Mr. Mulelrleile is trying to communicate to the city that Mendakota does not have the need for the two acres. He informed Mr. Mulelrleile that he would not be in favor of a Walgreen's either. He stated that Mendakota has been an asset to the city and the city has been a good neighbor to the club, including in its assessment of the property. Mr. Mulelrleile responded that Mendakota came from being a golfmg club to building a new clubhouse and that this is a real opportunity for the club to be more competitive with other clubs and increase its membership. He informed Council that he will continue to advise the community about the traffic issues and that Walgreen's will not increase traffic. Councilmember Koch stated that she is appreciative of Mendakota and Walgreen's stepping back. She informed Mr. Mulelrleile that Council has been looking at all four corners of the intersection and that she is not sure whether a commercial use such as Walgreen's should go on the corner. She also stated that she is not totally opposed to a Walgreen's should it come up again in the future. Mayor Mertensotto stated that Council is under the obligation to come up with a comprehensive plan amendment and file it with the Metropolitan Council by the end of the year. He further stated that Mendakota has indicated that it wishes to explore potential uses for the two acres but Council is also concerned over what should be done with the abandoned T.H. 149 right -of -way on the north and south sides of the intersection. He pointed out that nothing will happen unless Council gives some direction and stated that Council has to establish some mechanism to deal with the issue, such as a task force, at the upcoming goals setting session. Responding to a question from Councilmember Krebsbach, Mr. Mulelrleile stated that the Walgreen's lease would be $1.4 million over twenty years. He stated that Walgreen's has done studies and feels that the facility would not need any more traffic than already comes by the site. He stated that Mendakota and Semper would like to work with the task force and welcomes direction from them. Page No. 7 June 2, 1998 i Mayor Mertensotto pointed out that there is a 120 day rule for action on planning cases, that Mendakota and Semper have requested extensions and Semper has now made written request to withdraw. Administrator Batchelder stated that for the purposes of the application that Semper has requested to withdraw, Council needs to adopt a resolution approving the request. He further stated that he understands that the request involves all actions originally requested but there is no written request for withdrawal of the conditional use permit for PUD for the maintenance shed. Mr. Mulelrleile responded that that application is also withdrawn. Mayor Mertensotto responded that Mendakota and Semper have withdrawn all pending applications that have been submitted to the city. Councilmember Krebsbach stated that she is prepared to vote on the applications now. Attorney Hart responded that the applications need to be terminated and the withdrawals must be accepted this evening because of the 120 day rule. He stated that if the applicants wish to bring the applications back to Council, such a request can be considered at the time it is made, but that Council needs to terminate the currently pending applications this evening. Mr. Mulelrleile stated that Mendakota and Semper are requesting withdrawal tonight and intend to come back at some later time. Councilmember Krebsbach responded that she in no way intends to put the city (TIF) into competition with Walgreen's over the price of the two acres. Mr. Mulelrleile responded that Mendakota's intention is to get the two acres rezoned and eventually to sell it. Councilmember Krebsbach asked if there would be any implication drawn if she votes against a motion to accept the withdrawals. She restated that she is prepared to vote on the applications this evening. Mayor Mertensotto stated that the applicants are not requesting action on the applications but rather they are saying that they are not J going to proceed on the merits and wish to terminate the applications. Page No. 8 June 2, 1998 Councilmember Huber moved adoption of Resolution No. 98 -32, "A RESOLUTION ACCEPTING WITHDRAWAL OF AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT, A REZONING AND A SUBDIVISION FOR A WALGREEN'S ON THE SOUTHWEST CORNER OF HIGHWAY 110 AND DODD ROAD." Councilmember Koch seconded the motion. Ayes: 3 Nays: 1 Krebsbach CASE N0. 98 -14, SAMPSON Council acknowledged applications from Sampson Properties PROPERTIES (BEST for conditional use permit and wetlands permit, partial easement WESTERN) vacation request and tax increment financing for a Best Western Hotel on Lot 7, Block 1, Yorkton Centre Pointe South. Council also acknowledged staff reports from the Administrative Assistant, City Planner, Civil Engineer, Police Chief and Fire Chief, and a letter of opposition from Ms. Carolyn Cochrane, 1872 Summit Lane. Mr. & Mrs. Henry Votel and Mr. John Ferracci were present on behalf of Sampson Properties. Mr. Votel stated that he is not asking for any rezoning, comprehensive plan amendment or variances. He further stated that the proposal for a hotel in the Centre Pointe development is fully consistent with the use plan and development in which it would be located. He stated that he is only asking for reasonable conditions for a conditional use permit as a permitted use. The property is the last parcel on the frontage road in Centre Pointe, just west of the Centre Pointe Office Building. He stated that the parcel has been zoned B -1 since the plat was approved in the early 1980's. He informed Council that the project has been approved for Best Western Membership, which is one of the most difficult hotel memberships to gain. Mr. Votel reviewed overhead drawings of the proposed structure and stated that many improvements will be done to the property, including removal of ten to twelve feet of rubble that was left over from the Centre Pointe Development. The hotel structure proposed is a very attractive, state of the art facility with 78 rooms, and parking for 78 autos as required by the city. He stated that there will be significant landscaping, and that although some of the rooms will be suites, 85% will be typical hotel rooms. There will be an indoor pool, two small meeting rooms, and a business center with fax, modems, etc for guest use. There will not be a restaurant, nor will there be a lounge or liquor license or banquet facility. He stated that a market analysis has been done to see who would use the facility and about 40% of the business will come from people on Page No. 9 June 2, 1998 business trips, 30% will be people with a recreational purpose including visiting families in Mendota Heights and about 30% will be from outer sources. He stated that the hotels currently in the city serve contract customers. Mr. Votel stated that he has been asked if this would be an airport hotel and that business for the hotel will not come from the airport. There are about 3,000 competing hotel rooms between the proposed hotel and the airport, and while some business will come to the hotel from the airport, the primary draw will be from the southeast Minnesota area. He stated that Sampson intends to be a good neighbor. He informed Council that he is asking for benefits under the TIF district that has already been established for Centre Pointe. Architecture for the building will be similar to the other buildings recently constructed in Centre Pointe. The exterior will be brick and masonry, compatible and complimentary to the newest Centre Pointe buildings. He the reviewed an architect's rendering of the structure. Mr. Votel stated that when he was before Council on April 7, he accepted comments and has enhanced the project. He further stated that he has reviewed all city ordinances to be sure that the application is in compliance. He explained that the pond modifications have been minimized and the variances have been eliminated. He stated that at the last discussion there were four concerns. With regard to lighting, his lighting consultants have developed and submitted a lighting plan that adequately lights the facility, enough to allow people to be secure, with a minimum number of light poles. He reviewed the lighting plan and stated that one of each of the parking lot island lights can be turned off at 1:00 a.m. Mayor Mertensotto stated that Mr. Votel is saying that after the informal meeting with Council, Council invited him to enhance the project, but that is not his recollection. He stated that he recollects that it was almost unanimous that Council never thought of having a hotel on the site or that the site was appropriate for a hotel. Councilmember Krebsbach concurred and referred to the April 7, 1998 minutes, which she stated were clear that the Council did not want a hotel at that site. Mayor Mertensotto stated that the whole issue that evening was whether this was the use Council wanted for the site and Council was clear that a hotel was not what it wanted for the site or the development. Page No. 10 June 2, 1998 Mr. Votel responded that the applicants were trying to be polite and listen to Council concerns that evening. He stated that the second concern he heard was the issue of a 24 hour business being conducted in this area. He pointed out that this is a limited service hotel without food or liquor and that the activity at this type of a hotel is generally from 3:30 p.m. to 8:30 p.m. and from 6:00 a.m. to about 11:00 a.m. when people check out. He stated that this is not like a hotel that has a restaurant and lounge that has people coming to it for liquor and lounge services. Mr. Votel stated that the third issue he understood at the meeting was impact on the residences on the north side of T.H. 110 exiting their neighborhood from the frontage road. He stated that he went out and questioned people and decided to find consultants to work with the applicants. They said that it was a nebulous issue to them. He explained that he retained an appraiser, and the appraiser's report talks about distance to the residential neighborhood, etc. The appraiser failed to find tangible visible impact on the neighborhood and could not see what impact there was on any other property. He stated that the appraiser is a MAI appraiser. Mayor Mertensotto stated that what the MAI appraiser is saying is that a four story hotel will not cause diminution in value, which is a different standpoint from the neighbors. Mr. Votel responded that no one has any evidence that there would be any impact. Mayor Mertensotto stated that at the last discussion, Council told him he had given an excellent presentation but that Council did not want a hotel on the proposed site, which is opposite from a residential district. He further stated that at one time the original developer of Centre Pointe told Council there would never be anything but office /warehouse in the development but Council prevailed and there are office buildings in the development. Mr. Votel responded that in investigating those comments, he looked at the original Centre Pointe development in the city records and that originally a large conference hotel, bank building and restaurant were envisioned for Centre Pointe. Mayor Mertensotto responded that the original developer had proposed a large conference center that never materialized. Page No. 11 June 2, 1998 Mr. Votel stated that he looked at the file and found that those were the things that were originally proposed, but the property went tax title. He stated that the city's comprehensive plan continues to designate the property use, and from his viewpoint a hotel is a permissible use. He stated that the renewed interest in developing Centre Pointe has brought some great development, including a medical clinic. There is a bank across Lexington and now he is proposing a hotel. He informed Council that prior to the Planning Commission, he enlarged and refined the landscaping and checked into traffic information for the area. He met with Mn/DOT and discussed traffic counts for today and projected 2010 counts. He stated that he asked Mn/DOT if the frontage road was built based on the zoning and they said it was. He further stated that he was informed that even in 2010 the T.H. 110 south frontage road will have about one -half the traffic that T.H. 110 has. Mn/DOT indicated to him that traffic to the hotel will not impact the counts on T.H. 110 or the frontage road and that in 2010 Mn/DOT estimates 2,700 trips per day on the north side of the frontage road and 1,500 on the south side. He stated that there is currently half the traffic on the south side than there is on the north. Councilmember Krebsbach stated that the traffic count speaks to the fact that it is a residential neighborhood. Mr. Votel responded that he met with and discussed the project with the neighbors on the south side of T.H. 110 and contacted as many of the business property owners and business tenants as possible. He stated that the tenants of the Centre Pointe building had no objections, that the president of the bank indicated he had no real concerns, that the owners of Curleys Furniture thought it would be a very nice project. He further stated that he talked to the owners and tenants of the buildings in the business park and they had no objections, and Sam VanTassel from SuperAmerica had no concerns and welcomed the hotel, as did Hugh Cullen from Roseville Properties. He stated that he did not have any objections. In the last two days, he received calls from residents on the north side of T.H. 110, but they did not ask any questions when they were told it was Best Western and limited service. He stated that one person said it is far away from his property and will not affect his house. Mr. Votel then discussed drainage calculations, stating that they fully comply with city requirements. Mr. Votel stated that he spent considerable time with the Planning Commission answering questions. He informed Council on the concerns raised by the Commission. He stated that semi - truck/trailer parking will not be allowed in the parking lot and there will be a contract shuttle service to the airport. Page No. 12 June 2, 1998 i He informed Council that the Planning Commission reviewed the application and had a few suggestions to investigate as part of their approval, including protecting the ponding area during construction. He stated that he will do everything the city engineering staff recommends with respect to pond protection. There was a suggestion in the Planning Commission motion that the site be well landscaped, and his landscaping people have advised that based upon the trees, etc., site landscaping has been maxed out. The Planning Commission asked questions about lighting, so he retained lighting people to shoot the foot - candles on properties he heard about in discussions with city staff and the Planning Commission. He stated that foot -candle readings were taken at SuperAmerica, the Marriott, etc., and he reviewed those readings using an overhead transparency. He stated that his proposal is very much in line with the lighting under the poles at the other two hotels in the city but is less than the other hotel lighting. The lighting he anticipates at the property line is based on a new type of lighting fixture, so that the lighting leaving the property will be about one -half the foot - candles at the SuperAmerica property. The average lighting over the parcel will be similar to the other hotels and less than 20% of the SuperAmerica lighting. He submitted a written copy of the information for the public record. Mayor Mertensotto stated that SuperAmerica is located at the corner of Lexington and T.H. 110 because there was an SOS station on the site for years with tanks that had been leaking, and the only way the site could be redeveloped was to get another petroleum use on the site to do remediation, etc. He explained that SuperAmerica just replaced a similar use that had already existed on the property. He further stated that SuperAmerica has different lighting requirements than the proposed hotel's parking lot, and he did not think SuperAmerica is a fair comparison. He stated that Council has told Mr. Votel at the last meeting that Council has no problem with Best Western or the design but that the proposed site is the wrong place for a hotel. He further stated that Council had suggested that Mr. Votel find another site in the city in the industrial area and Council would welcome a proposal. He pointed out that the Planning Commission is an advisory body, not elected, and only makes recommendations. Mr. Votel responded that he appreciates the Mayor's agreeing with him that comparing the lighting with SuperAmerica is not appropriate. He stated that the readings were made at the poles, not the canopy where lighting is significantly brighter. He stated that he has received all of the city's staff reports, including those submitted Page No. 13 June 2, 1998 by police and fire. With respect to the fire chief's report, he stated that he has gone back to his engineering and architectural people and has focused on the two significant issues that were raised. With respect to access to the rear of the building, he stated that the building is solid concrete and every room is a containerized unit. Each room will have a smoke detected and will be sprinkled. He discussed all of the fire protection safeguards, and stated that the building is virtually fireproof. He stated that he only asks to be treated as Council would treat others on the issue — there are many buildings in the city where the back of the property cannot be accessed by the fire department. Another issue the fire chief raised was whether there should be more than one entrance to the parking lot. He stated that he would seek to have just the one access that is mandated by city codes. He further stated that the building meets all of the city's standards for construction. The last question raised by the Planning Commission was regarding the neighborhood to the north. He stated that there were two residents from the north of T.H. 110 in attendance at the Commission meeting and that he has reviewed their comments and questions they raised. He stated that beyond that, he could not fmd any tangible issues to address, and that the residents simply do not want the site developed. He stated that it is a stretch to say that if he builds a beautiful building similar to and complimentary to the beautiful buildings in Centre Pointe, that it will have a tangible impact and ruin something. He stated that if there are still complaints from the residents north of the highway, Council must sort them out. He further stated that there are people who do not want development on the site because it is commercial, but the proposed uses for the site have been known for many years. He informed Council that he has tried to address all of the questions that have been raised to him and that he and his partner intend to be the long term operators of the hotel. He asked Council to approve the application. Mr. Greg Boland, 1215 Victoria Curve, stated that his home is directly across from the proposed site. He stated that after the Planning Commission meeting he spoke to his neighbors. They believe that Mendota Heights is a bedroom community and did not think a hotel was an appropriate use for the site. He stated that he circulated a petition in the residential neighborhoods and there are 297 signatures of people opposed to the proposal. He read the petition for Council. Councilmember Koch asked how many of the people who signed the petition knew what Mr. Boland was talking about. Page No. 14 June 2, 1998 Mr. Boland responded that all of them knew and that he informed them about the best Western. He stated that he likes the office development across the street and that Roseville Properties has done a nice job with single story buildings, which are used during day time hours, five days a week. He further stated that if the Best Western is allowed it would set a precedent for 24 hour a day businesses along T.H. 110. He stated that the wetlands permit need demonstrates that it is too large a project for too small a site. Mr. Boland submitted the petition for the city's records. Mr. Jim Perron, 1203 Victoria Curve, stated that he would be looking over the development if it went in and that he is opposed to the development. He stated that Mr. Votel has referred to the comprehensive plan for the Centre Pointe area, but that the Marriott and Heritage Inn did not exist when the Centre Pointe development was designed and the need for hotels has been met. He informed Council that he is happy with the Centre Pointe development and that he would like to see the Votel parcel develop with something similar to what is already in the park. He further stated that he is not aware of any complaints about any of the current uses in Centre Pointe. Mayor Mertensotto stated that the only complaint Council has had is the Mn/DOT use in the GNB building and the semi - trailer traffic. Councilmember Krebsbach stated that she has had many positive comments about Roseville Properties and its development of Centre Pointe. Mr. Perron stated that as a tax payer he would object to use of TIF to support something he opposes. He stated that he does not oppose development of the site but that he does object to use of the site for a large hotel. Mayor Mertensotto stated that the applicants are requesting a wetlands permit and vacation of part of the drainage easement to accommodate the development. Mr. Eric Madison, 2120 Timmy, stated that he has been asked to speak for his neighbors in opposition to the hotel project. He stated that he thinks the wetland issue is still unresolved and there should be a concern about it. He was also concerned about 24 hour use, and stated that once a hotel is built, if it is not financially sound it could become a site for low income housing. He stated that it is not conceivable to him that there could be a hotel in that location had a Page No. 15 June 2, 1998 sign and lighting and not draw people at night and yet not be dramatically different from the business and cemetery uses in the park. He stated that there are two other hotels in the city and he sees no need for another to serve the neighborhood. SuperAmerica does serve the neighborhood, and it replaced a gas station, and he and his neighbors knew that what had been at the corner and what would be there. He also did not think that TIF should be used and stated that he likes the slow growth that has occurred in the city since he moved her in 1966. He felt that if Council allows the hotel to go forward it would be a bad legacy for the city. Ms. Lynn Burow, 1219 Victoria Curve, stated that she knows something will go on the site but she was hoping it would not be an eyesore. She stated that her big concern is that she is a jogger and does not like transients across the street. She did not like the proposed 24 hour use and that she moved to her home because she likes the darkness of the neighborhood at night. She refused to believe her house will not be impacted by a three story building that operates 24 hours a day. Mr. Harry Wise, 2077 Timmy, stated that he was not home when the petition was brought around but that his wife was home and - described the proposal to him, so the people who brought the petition around explained the proposal well. He stated that he heard that there are 2000 hotel rooms between here and the airport, but he drives across the bridge often and has not seen a hotel. He stated that this would be the closest hotel to the airport. He further stated that the hotel is too big a project for the site. Mr. Larry Culligan stated that he was not home to sign the petition but is definitely opposed to the hotel. He raised concerns about drainage from the site and the impact on Lake August. Public Works Director Danielson stated that the pond on the property was created when the development was created and that the city installed a dam and controlled outlet. He stated that the pond picks up all of the drainage form the area an meters it out through the cemetery to Lake Augusta. Mr. Culligan suggested that that city look at that very closely since the holding ponds in the area serve as a settling basin for road salt, so that it does not go to Lake Augusta. He stated that parking for the hotel would be on the north side and the lights would impact his neighbors. He stated that if there are 78 parking stalls for the facility, traffic would increase significantly on Lexington Avenue. Page No. 16 June 2, 1998 He pointed out that people using the hotel would need to go out for meals, etc. A resident on Victoria Curve stated that he walks three to five times a week and sees people jogging and walking across the street. He stated that there is an easy - goingness in Mendota Heights that is remarkable and a structure like that proposed would be intimidating. He stated that when he was young, he and his friends could find a way to get past the people in the hotel lobby and get a room, and young people will do the same here. He further stated that to have a structure like this, no matter how well intentioned the owners and managers are, they will have to deal with the people who stay at the hotel. He stated that he would hope that the land is used like the other parcels in the business park are used. He felt that with a hotel comes, once the door is opened there will be a 24 hour business going and Council won't be able to tell anyone else they cannot operate 24 hours a day. Mayor Mertensotto responded that Council could keep the discussion going, but that he thinks all of the points have been covered. He stated that Mr. Voters presentation has been as detailed as any Council has heard and it was very thorough. He stated that Council must decide from a policy standpoint whether it wants a hotel that would be a 24 hour operation. There is no question that with the Veterans Hospital, airport and Mall of America nearby and with Best Western having a reservation system throughout the country, he would think this would be a very successful hotel. He pointed out that the residents are telling Council they do not want the hotel. Councilmember Huber stated that the residents have raised the same concerns that Council raised a few weeks ago. He pointed to the magnitude of the structure as being a significant concern. Mr. Votel submitted information on the foot -candle readings and a short list of 24 hour businesses in Mendota Heights for the city's record. He stated that he appreciates the comments that have been made. He further stated that anytime there is something different proposed, people will oppose that change. He pointed out that there are other hotels in the city and that Mendota Heights is still a wonderful city. He stated that one more hotel will not ruin the city. Mayor Mertensotto responded that Mr. Votel's proposal has merit and Council would like him to find a site for it in the industrial area. Page No. 17 June 2, 1998 Mayor Mertensotto stated that the drainage easement was established long before the city wetlands ordinance was adopted and what the applicants are asking is for the city to give up some of its rights with respect to the drainage pond easement. He pointed out that it is within Council's prerogative to retain the property rights in the drainage pond easement. Councilmember Krebsbach moved to deny the applications for conditional use permit and wetlands permit for Best based on the following: the massive size of the three story structure in the proposed location; the 24 hour per day operation; the history of city decision making on lighting and signage; that there is concern over the impact of potential runoff to the neighboring Lake Augusta; that the city does not want to modify its property rights to the drainage easement, and that the use is not appropriate bordering a residential neighborhood. Mayor Mertensotto stated that Council did not envision a hotel in the development. He further stated that the applicants would like to set the structure back to get it as much away from traffic as they can but the size of the proposed structure is too large for the land. He pointed out that the structure has to be pushed back to the wetlands in order to develop the hotel. He stated that the fire chief has recommended complete access around the building and the fact that it would be a complete masonry building does make a difference but the fire department would like access to the full perimeter of the building. He further stated that if the full access were provided the project would be crimped for space. He again stated that the project is too massive for the site. Councilmember Koch pointed out that Council has received a petition of opposition with 300 signatures from the three neighborhoods that are a part of the area in the city in which the business park is one of the neighbors. City Attorney Hart stated that neighborhood opposition in and of itself is not sufficient reason to turn down a project but when it is supported by facts that a proposed project would adversely impact the public health, safety and welfare, that would support a denial of the application. Councilmember Huber seconded the motion. Ayes:4 Nays: 0 Page No. 18 June 2, 1998 ! Council directed staff to prepare a proposed resolution embodying Council's findings for the permanent record documenting the action taken with respect to Best Western. RECESS Mayor Mertensotto called a recess at 10:08 p.m. The meeting was reconvened at 10:14 p.m. GARAGE SIZE ORDINANCE Council acknowledged a memo from Assistant Hollister regarding the proposed garage size ordinance. Assistant Hollister gave an overview of the Planning Commission discussion on the issue and stated that the Commission is looking for more insight from Council on the purpose and goals of the ordinance. Mayor Mertensotto stated that the purpose is that there are problems because the Uniform Building Code says there can be up to 3000 square feet of attached garage. He stated that Council is aware that there are a number of garages in the city that are larger than 1000 square feet but garages greater than 35 or 40 feet long are seldom seen. He stated that the Planning Commission is asking why there are different sizes for attached and detached garages. Detached garages are primarily for storage and are not built within the cost of the single family house. He stated that many cities, depending on the size of the lot, limit the size of the garage based on the size of the home. He felt that the quality of a residential area is only as good as the subdivision requirements the city has. He explained that this is what he was concerned about with private covenants in the Rabanus issue — the city cannot enforce private covenants. If the UBC does not cover the issue, Council must set a standard. He stated that the size of the garage usually dictates the type of activities that will occur in the structure. He stated that there are always going to be home occupations but his concern was what happens when they get out of control. He pointed out that even though the city is 85% developed, many shortcomings of the ordinances do not show up until a request comes forth. Councilmember Huber stated that there were many good points brought up before the Planning Commission but many were incorrect. One of the comments was that the city can control the size of garages now, but that is not true. He stated that if someone came up with a 2000 square foot garage now, Council could not stop it if it were not for the moratorium. He stated that Council wants to understand before a structure is built what the structure will look like and what it will be used for. Without an ordinance amendment Council would have no control. He further stated that the petition signed by 70 people and received by Council supports of limit on Page No. 19 June 2, 1998 garages and shows that there are people in the city who want some control over what can be built next to them. The Planning Commission found an inconsistency between detached and attached garages, and that is one of the reasons Council asked the Commission to look at the proposal. Mayor Mertensotto pointed out that ordinance changes come before public hearing at the Planning Commission. He felt that there was some misconception on the part of the Commission. He stated that many of the people who appeared before the Commission in support of no limits own extremely large lots or have special interests that require large garages and that Council must take a look at who is on the list in favor of no limits. He pointed out that there were over 70 signatures in support of the moratorium and stated that he thinks there should be a 50% limitation between the size of the house and the size of an attached garage. He noted that Woodbury allows garages to be only 30% of the finished floor space on the first floor of the house. Councilmember Koch stated that she is glad to hear so many people appeared before the Planning Commission, as Council needs to hear from both sides of the issue. She stated that what Council gave the Planning Commission is not cast in stone, as the final result may be that the ordinance will stay as it is. Mr. Rich Rabanus asked if Council saw the hearing on television and asked each of them to watch the replay. He felt that Council would get a different feeling about what happened at the meeting. He stated that there were ten speakers who addressed six points. He stated that there was a question about garages in certain communities, one of which was Apple Valley. He has since researched Apple Valley regulations and there are no regulations on garage sizes. He informed Council that he also has a copy of the UBC which does outline maximums. He stated that there have been no city regulations for over forty years to control attached garage sizes, and it would be just one more governmental control that is not needed. He noted that there are already laws about running businesses out of a home and a 1000 square foot is a small three car garage. He stated that there are things setting out all over the community that could be put away if Council let people use their imaginations. He stated that not everyone has only two cars — his family has four principal cars in and out every day. He felt that Council should encourage people to have larger garages to hold all of the things that are now kept outside under blue tarps. He informed Council that there is plenty of support for his position. Page No. 20 June 2, 1998 Mayor Mertensotto stated that when a land developer sells vacant lots without retaining architectural controls anyone can come in and buy a lot and it does not make any difference what the covenants are. When the developer loses control over the subdivision, the quality of the neighborhood can go down and there would be no court in the land that would support landowners bringing petition that a land owner is building contrary to restrictive covenants if the city approved the action. Mr. Rabanus responded that the statement was made that the size of a garage dictates its use. He pointed out that an individual does not need a garage to fix cars — they can do it in a driveway. He stated that the size of a garage does not dictate its use. Councilmember Krebsbach stated that it seems 1200 to 1300 square feet has become the community standard for garages. She felt that it is a generous standard and her idea of the Planning Commission action would be somewhere in the 1200 to 1300 square foot range. COUNCIL COMMENTS Mayor Mertensotto informed Council that he has received an invitation from Koch Refinery for the City Council to attend an awards ceremony for the presentation of college scholarships. Two Mendota Heights students will receive scholarships at the ceremony. He also informed Council about a noise symposium to be held in Thornton, Colorado and stated that he would like to attend and feels the City Administrator should also attend. Public Works Director Danielson gave Council a report on the effects of the recent storm and what city crews are doing to assist the residents in removal of debris. ADJOURN There being no further business to come before Council, Councilmember Huber moved to adjourn the meeting. Ayes: 4 Councilmember Krebsbach seconded the motion. Nays: 0 TIME OF ADJOURNMENT: 10:52 p.m. Kathleen M. Swanson, City Clerk ATTEST: Charles E. Mertensotto Mayor