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1996-03-07 Council minutesPage No. 1 March 7, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 7, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, 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 Smith. Councilmember Krebsbach Had notified the Council that she would be late. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 APPROVAL OF MINUTES Councilmember Koch moved approval of the minutes of the regular meeting held February 6, 1996 as amended. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the February 27 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for February. c. Approval of the probationary appointment of Christopher Esser as part-time Recreation Programmer. d. Approval of the List of Claims dated and totaling $205,120.38. e. Acceptance of the resignation of Police Officer Dona Currie, with regret, and authorization for the Police Chief to begin the Page No. 2 March 7, 1996 recruitment process for two, and possibly three, police officers. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 SENIOR HOUSING Mayor Mertensotto introduced Dakota County Commissioner Patrice Bataglia. He stated that he had asked Commissioner Bataglia to attend the meeting because at the last Planning Commission meeting there was much discussion on the senior housing facility. He explained that Commissioner Bataglia is the County Board liaison to the Dakota County Housing and Redevelopment Authority. He stated that the Planning Commission was concerned about the square footages of the housing units, and asked why those standards are used. Commissioner Bataglia responded that she attended the Planning Commission meeting and participated in some of the discussion. She stated that the Planning Commission had some excellent questions and a long discussion on the issues. Commissioner Bataglia informed Council and the audience that as a member of the HRA Board and the County Commission's liaison, she has had a chance to visit all of the senior housing facilities in the county and has been invited into the individual units of some of the seniors. She stated that those seniors are very proud of their homes. )She .informed Council that she has often asked the residents if they prefer one or two bedroom units and how they feel about the size of the units. She explained that she has often asked the seniors if they prefer one or two bedroom units and how they feel about the size, and the HRA always tries to learn from each facility what can be done to make the next one better. She informed Council that the responses she has received from seniors she has spoken to have been overwhelmingly strong in terms of the requests for one bedroom and two bedroom units in equal amounts and they have all been satisfied with the size of the units. She explained that the reason for the unit sizes are that they are affordable housing and the sizes are greater than what is provided in most other counties. She stated that each of the existing facilities has one fireplace, whereas the Mendota Heights facility will probably have two. Each facility has a library and a lobby area to gather and visit. The units are really adequate for seniors, and as far as parking spaces, many of the residents do not have cars and it is rare for them to have two cars. Some of the other issues and questions asked at the Planning Commission were in terms of units per acre. She explained that the Mendota Heights facility will have 13.83 units per acre, which is the least number of Page No. 3 March 7, 1996 units per acre of any facility in the county. With respect to parking spaces and units built versus units allowed in zoning, Mendota Heights is much more favorable than any other of the seven HRA facilities in Dakota County. She stated that there are several reasons for the gabled roof - it gives the facilities a residential feel and appearance, and it is easier to maintain than a flat roof. Regarding the market rate units, she stated that Mendota Heights is very fortunate to be one of the first of the facilities with market rate units. She explained that everyone is aware that it is only dimes and quarters that put people over the minimum income level and out of the category of qualifying for subsidized units, and keeps them out of the community they live in and love. She stated that market rate units allow seniors to live in dignity and with self respect. She stated that she is not of a mind set that acreage be allocated to poor people and they be put inside that square. She felt that people should live side by side with each other regardless of income or other differences, and affordable housing is very difficult to fmd. She informed Council that there is a waiting list of over 1,000 people in Dakota County and over 180 waiting for the Mendota Heights facility. She expressed appreciation for the city setting aside its CDBG funds to assist the county and HRA to purchase the land for the facility. She stated that the HRA is looking forward to a good working relationship with the Planning Commission and Council and is looking deeply into reducing the berm to bring down the height of the building the berm, etc. She stated that the HRA is willing to work with the city to accomplish senior housing, and that the governmental units should work towards not what everyone would like to have but towards what everyone can afford to have. She stated that the HRA is willing to work to make the facility the nicest senior housing development in the county. She also informed Council that the Dodge Nature Center has been very supportive of having seniors as their neighbors and has so informed the county. Mayor Mertensotto stated that he was happy to hear Commissioner Bataglia say that the HRA is doing everything possible to reduce the overall height of the building. He stated that Kari Gill, from the HRA, has also said that she will talk to the architect to try to get the berm down. He noted that the proposed building is brick and aluminum siding, and Ms. Gill has indicated that the City of Hastings paid extra to have their project be all brick. He asked that the bid for the Mendota Heights project include an alternate for an all brick exterior. He asked Commissioner Bataglia to address an incorrect Pioneer Press article that stated that the facility would be two stories if it were not for the market rate housing units. Page No. 4 March 7, 1996 Commissioner Bataglia responded that it is absolutely incorrect that the building was to be two stories. She explained that every one of the seven HRA senior developments is a three story building. She stated that there is a building in West St. Paul that has one portion that is two stories, but it is adjacent to a residential district and there is a two story home immediately adjacent to the side of the senior facility which is two story. She informed Council that the City of West St. Paul paid the added expense for making just one portion of the facility two story. She stated that all of the HRA facilities are three story because that is how the HRA can reach affordable housing. Mayor Mertensotto stated that in order for the HRA to build the Mendota Heights facility, Council must rezone the property to R -3. He explained that the city is running into problems with adopting a senior housing ordinance, which will possibly take a long time, and stated that Council may need to consider variances for the HRA facility so that the project can begin. He informed the audience that the county is committed to running the facility during the twenty year life of the bonds. Councilmember Krebsbach arrived at 8:05 LANDSCAPE PLAN Council acknowledged a memo from Public Works Director Danielson regarding revisions to the Mn/DOT landscaping plan for the Mendota Interchange Project. Council also acknowledged revised plans and a memo from Ms. Liz Walton regarding the revisions. Ms. Walton was present for the discussion. Ms. Walton described the changes which were made as the result of the February 20 Council discussion. She explained that evergreens have been added along T.H. 55 and bridal wreath and spirea have been added adjacent to the Acacia Cemetery approach; a number of oak, hawthorne, choke cherry and plums of varying sizes have been added to the oak area to create groves. Trees have been added at the end of the wall along T.H. 110. She explained that she is not comfortable adding trees and shrubs in the main section of the wall because it is so close to the road surface, but vines will be planted on the wall, about 5 feet apart. She stated that more trees have been added along the T.H. 110 frontage road and Amur maple shrubs were added in the T.H. 110 /west frontage road median, but no plantings were added to the highway median because the run off water contains to much salt in the winter for plants to survive. She informed Council that she met with one of Mn/DOT's maintenance people and was told that he intends to mow the median space at least Page No. 5 March 7, 1996 once a year and will mow the shoulder area between the frontage road and the highway eight to sixteen feet wide. Mayor Mertensotto informed Council that Earl Van Berkum, from v Mn/DOT, has assured him that Mn/DOT will try to keep pond scum to a minimum. The Council commended Ms. Walton on the changes made to the plan. CASE NO. 95 -31, MENDOTA Council acknowledged an application from Mr. Jaykav Bhakta for MOTEL a five foot height variance for the pylon sign at the Mendota Motel. Council also acknowledged related planning and staff reports. Mr. Bhakta was present for the discussion. Mr. Bhakta explained that the highway (55) is now much lower than it used to be, and unless the sign is raised it cannot be seen from the highway and people cannot find the turn -off into the hotel. Interim Administrator Batchelder informed Council that the existing non - conforming sigh is not set back 100 feet from the highway right -of -way, so it is "grandfathered. He explained that the Planning Commission had a question on whether the grandfather status would be lost if the sign height changes. After brief discussion, Councilmember Huber moved to approve a five foot variance to the height of the pylon sign for the Mendota Motel, with the understanding that the action by the city and the raising of the sign do not affect the grandfathered status of the sign's location. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 GOPHER ONE -CALL Council acknowledged a memo from Code Enforcement Officer Berg relative to an application for building permit from Gopher State One Call for construction of an office building on Lot 2, Block 2, Yorkton Centre Pointe South. Mr. John Bell, the project architect, and Mr. Hugh Collins, from Roseville Properties, were present for the meeting. Mr. Bell informed Council that Gopher State will own the building. He explained that a few years ago, Gopher State One Call was created in response to a legislative mandate that all public utility companies in the state create an association so that all contractors have a single place to call for location of underground utility lines. Page No. 6 March 7, 1996 Responding to a question from Mayor Mertensotto, he stated that the building will not be off the tax rolls. He stated that he is present to request site plan approval and building plan approval and that Gopher State is not asking for any planning actions or TIF. Mayor Mertensotto stated that the reason he asked that the matter be taken off the original consent calendar was so that Council can get a profile of what Gopher State plans to construct. He asked what the exterior will be. Mr. Bell responded that the exterior will be brick on all four sides. Mayor Mertensotto stated that the four story office building to the west of the Gopher State site has a dark brick finish. He stated that the color of the Gopher State building is proposed to be dark red and he asked that the exterior be an earth tone color so that it blends in with the other buildings in Centre Pointe. Mr. Bell responded that if Council prefers a different color, he would accept Council's direction. Councilmember Smith stated that she is not concerned about color as much as the elevation of the structure. She asked how it compares with the medical building. Mr. Bell responded that from grade level to parapet, the building is about 15 feet tall, whereas the medical clinic does not have a parapet and is probably only 11 feet tall. He felt that the proposed structure will be much better looking than the clinic. Councilmember Smith pointed out that the medical clinic seems to be in a lower area. She asked how the topography compares. Mr. Bell responded that the natural grade slopes down to the west, and the Gopher State site is lower than the medical clinic. Councilmember Smith stated that she would think that the success of the project will depend on raising the grade of the property. Mr. Bell responded that there is a depression on the site which will be filled. He explained that the floor elevation is 94, which is about three feet above the curb elevation. He stated that there will be roof top heating and ventilation units, and a one and one -half foot parapet and clustering of the units in the center of the building will screen the units. Page No. 7 March 7, 1996 Councilmember Huber asked why parking is wrapped around the building. He also asked if there can be fewer parking spaces. Mr. Bell responded that Gopher State will occupy about half of the building and there will be two or three tenants all together. He stated that the plan shows only two parking stalls over what is required by code for the square footage of the building. Mayor Mertensotto stated that he does not think that a sea of parking spaces at the front of the building will look good. Councilmember Smith asked whether it would be better for customers and employees to have the parking concentrated to the west of the structure. Mr. Bell responded that the plan is very efficient as proposed. He informed Council that garbage will be contained inside the building as part of a common loading area. Councilmember Smith stated that the orientation of the building concerns her, as it may potentially obscure the medical building. Mr. Bell responded that the proposed building setback should not impact the visibility of the medical clinic. Mr. Collins stated that there is quite a bit of buffer between the two buildings. Public Works Director Danielson informed Council that City Planner Uban did not prepare a report on the project because it did not need referral to the Planning Commission, but he did review the plans and made comments on the landscaping. He stated that the Code Enforcement Officer addressed those concerns in his memo, and revisions have been made to the landscape plan. He explained that Planner Uban reviewed the site plan for compliance with the Zoning Ordinance and found that no variances are needed. Responding to a question on drainage, Mr. Bell stated that there will be no runoff from the structure, as all roof top drainage will be handled internally. He explained that all of the drainage will go into the storm sewer, and there will be catch basins in the parking lot to catch parking lot drainage. He informed Council that the loading dock will not be used to any great extent, and two evergreens were added to screen the area at the recommendation of the City Planner. He informed Council that garbage and delivery trucks will go to the back side of the building, and if semis come, they will back into the loading area and pull out to the north. He explained that he does not anticipate any truck traffic to the site other than service trucks. Ayes: 5 Nays: 0 Page No. 8 March 7, 1996 Mayor Mertensotto responded that this is fine for the present time, but the situation could change and the loading area could be adapted in the future for someone who has a lot of truck traffic. Mr. Bell responded that it is very tight, but possible, to bring a truck in, but no one would want to do it every day. Responding to a question from Councilmember Krebsbach, he stated that he anticipates that there will be one or two renters, both using a common west entrance. With respect to the color of the structure, he stated that the rendering submitted to Council was computer generated so the color is not accurate, but that he will be happy to come back to Council with samples. He informed Council that the brick has not been selected yet. Councilmember Krebsbach suggested that the plans be shown to the medical clinic representatives as a courtesy, especially given all of the effort they went through to get signage approval from the city. Mayor Mertensotto suggested that Council could grant concept approval subject to submission of a material list and presentation of the plan to the medical clinic. He stated that city staff can contact the owners of the clinic and invite them to view the plans at City Hall. Councilmember Krebsbach asked Mr. Bell to provide Council with a rendering which gives a more accurate picture of the roof units. Mayor Mertensotto stated that footing and foundation approval would set the footprint for the building, and if Council grants that approval, the applicants will know that the size of the structure is set. Councilmember Smith moved to grant concept approval and approval of a footing and foundation permit to establish the footprint and location of the structure. Councilmember Huber seconded the motion. Staff was directed to contact the medical clinic to invite its representatives to view the plans at City Hall. CASE NO. 96- 05/96 -06 Council acknowledged an application from Dakota Bank for DAKOTA BANK/SUPER subdivision of the Curley property located at the intersection of AMERICA T.H. 110 and Lexington Avenue, and an application from SuperAmerica for a conditional use permit for a gas station/convenience store. Council also acknowledged related staff Page No. 9 March 7, 1996 and planning reports, correspondence from SuperAmerica, a memo from Public Works Director Danielson regarding hours of operation for existing commercial businesses adjacent to residential neighborhoods, and a letter from Mr. F.B. Daniels in support of the proposed development. Mr. Barry O'Leara, representing Dakota Bank, Mr. Jack Boarman, project architect retained by the bank to prepare the master plan for the bank and SuperAmerica, and Mr. Mike Cronin, Mr. Mark Erickson, Mr. Don Bilmark, Mr. Mike Aramek, and Mr. Bob Hardman, representing SuperAmerica, were present for the discussion. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that the Planning Commission recommended approval of the subdivision on a 4/2 vote, and denial of the SuperAmerica application on a 4/2 vote. Mr. Boarman informed Council that a neighborhood meeting was held in January, attended by 30 Curley Addition residents. He stated that both at the neighborhood meeting and the lengthy Planning Commission discussion, he received considerable insight from both the commission and the neighborhood. He informed Council that the application which went to the Planning Commission requested twelve variances for the SuperAmerica store but after working with the Planning Commission, and meeting with city staff, the plans have been revised. He explained that SA is no longer requesting a variance for the building setback from Lexington Avenue, and has revised the request for a fifty foot setback variance for the car wash to a 30 foot setback variance, which is the requirement for a normal lot. He pointed out that the SA lot has three front yard setbacks. The plan has been revised to eliminate the need for a variance for the trash enclosure, and the parking setback variance is no longer requested. The service area setback at the northwest corner of T.H. 110 also now complies with the ordinance. Mr. Boarman informed Council that a buffer will be installed prior to the sale of any of the residential lots, and as many of the existing spruce trees as possible will be retained. Mr. Boarman informed Council that no variances are being requested for the bank, and no variances are being requested for the overall subdivision. He stated that the SA site plan has been revised in response to the Planning Commission and the neighborhood, and only four variances are now being sought. He stated that the applicants are requesting that the residential lots be replatted into five lots. He explained that all of the lots exceed code and will be sold after the remainder of the project is completed. The buffer will be seven foot high pine trees and a seven foot fence on a three foot Page No. 10 March 7, 1996 high berm. Mr. Boarman reviewed a site plan diagramming the issues. He stated that the bank representatives made the decision that the bank cannot be built on Lot 1 because the bank cannot take the responsibility for the soil contamination. He stated that there is no governmental regulation against the bank building on the site, and informed Council that of all the prospective clients the bank contacted about Lot 1, SA was the only one that responded. He explained that only about 28% of the site is buildable because of setback requirements, and even if the frontage road were moved as far as possible, the other lot would be unbuildable because of where the curve of the road must go. He stated that it is thirty feet from the edge of the car wash to the right -of -way. He stated that SA is asking for two seven foot variances along the T.H. 110 right -of -way and the intersection with Lexington. Mr. Boarman reviewed the revised site plan, and informed Council that the bank is proposing an 8,000 square foot building which could have a 4,000 square foot second floor. Mayor Mertensotto asked if Council will know what the bank structure will be before any approvals are granted. Mr. Boarman responded that SA requires a conditional use permit, but the bank does not request any variances, so initially the next step is to design a building after subdivision approval. He explained that he will come to Council for site plan approval for the bank, and as he understands it, the bank is putting the project together because they only need a portion of the land. The bank wants SA to go on the other site because they have the experience with contamination clean up, and if SA does not go ahead, the bank will not proceed. Mayor Mertensotto stated that the bank wants something from the city and in order to get that, Council must know what the city will be getting. Mr. Boarman responded that there is a series of hipped and sloped roof on the bank, and it will be a brick and stone building, with bronze glass, etc., and strong similarities to City Hall. Mr. Cronin informed Council that there has been much discussion at past meetings on the physical fit of the SuperAmerica facility on the site and SA's role as a corner store. He stated that SA can meet the role as convenience for the neighborhood. He stated that convenience stores used to mean stores close to home, but now a convenience store means not what's near home but what is on the way to where a person is going, and this means more selections and freshness, which pushes a store to be bigger. He explained that Page No. 11 March 7, 1996 about half of an SA store are is not retail, and in the proposed store, SA is trying to keep the facility as small and calm as possible. He explained that a 3,500 square foot facility is proposed, in contrast to the existing SOS /garage facility which is 2,880 square feet. The existing facility is 48 by 60 feet, and the proposed SA is 44 by 80 feet. He stated that some of the Council members have asked how the proposal compares to the Post Road SA, and that facility is 4,600 square feet. Mayor Mertensotto informed Council that he met with Mr. Cronin yesterday and Mr. Boarman had stated that SA would put an overhang on the building and other commitments. He stated that he would like to get to the hard issues. Mr. Cronin submitted to the Council copies of revised elevations, dated March 6, 1996. He stated that there is now an eave type roof on the structure and the striping has been replaced with glass block. The eaves are extended to make the structure more residential in appearance, and the only lighted signage will be were it says SuperAmerica on the band and where it says "touch free car wash." Brick is also proposed to be installed on the canopy columns about eight feet up, and there will also be a roof on the canopy to make it more residential looking. SA is asking for a 100 square foot monument sign, sixteen feet tall rather than the 25 feet allowed. Mr. Cronin stated that the additional ten feet on the new site plan allows parking on the west edge and there will be a landscape buffer along that area. Most of the variances have been eliminated to the corner curve of the back property line, but SA is still asking for a variance for a small area of the car wash. Mayor Mertensotto stated that the overhang needs to be addressed. He stated that the proposed overhang could be extended, and he asked if the if the glass blocks are for lighting purposes. Mr. Cronin responded that the blocks are only decorative and could instead be ceramic the if Council desires. Mayor Mertensotto stated that he has spoken to Mr. Cronin about all of the glass. He also stated that all of the existing gas stations in the city have only two islands, and he asked why SuperAmerica should have three islands if it is a residential station. Mr. Cronin responded that the SA representatives understood from past discussions with the city that twelve pumps would be an appropriate number. He stated that one of the special things about SA is that customers do not just walk in and pay for their gas and Page No. 12 March 7, 1996 leave - SA encourages people to look around in the store and purchase items, thus there is not a quick turn over of customers. He stated that it may be possible for SA to operate with two islands but there could be congestion at the pumps that could cause back -ups onto the street. He stated that SA believes that with the setbacks, etc., and the operation that SA does, that the facility will be a neighborhood service. Mayor Mertensotto stated Council is talking about the appearance of a motor fuel station in a residential area and is not talking about the location of a facility on T.H. 55, which is an industrial zone. He stated that SuperAmerica has acknowledged that by designing its building with a more residential appearance. He pointed out that Lexington and T.H. 110 is not a major intersection and stated that SA has indicated that a diesel pump is proposed because it is needed for automobiles. He asked why the canopy needs to be so large and whether it will be lit all around. Mr. Cronin responded that only the sign portion of the canopy will be lit, and that it will not be a lit canopy. He stated that the other issue is that what is proposed is SA's basic canopy. He stated that SA is doing everything it can to make the facility as residential as i possible, but the property is part of a commercial area given the bike shop and furniture store nearby. He explained that SA is trying to keep the facility as calm as possible but must also make it a complete station. He felt that it would be a mistake for SA, and in terms of serving that site, to reduce the canopy. He stated that given the very open area of the intersection and the proposed development of the site, it will not look like a commercial site. He felt that the best place to put the sign is at the intersection of T.H. 110 and Lexington, but SA is not proposing to do that because it wants to keep the facility as low key as possible and to make the bank the back drop. Mayor Mertensotto pointed out that everyone must be cognizant of the fact that there will be a monitoring station on the site. Mr. Cronin responded that the monitoring station will be there whether there is an SA on the site or not, and it is the hope of SuperAmerica that as part of the construction, the monitoring site can be appropriately located and screened. Mayor Mertensotto stated that openness of the intersection is what Council is striving for, so the monitoring facility would have to be further back. Page No. 13 March 7, 1996 Mr. Cronin responded that SA cannot work that issue out yet because there may not be a choice to make an accommodation for it. He stated that it is his understanding that the pipe is set, and he hopes to find a location on the site and buffer it. He explained that SA can come back to Council and make a commitment to buffer and screen it. Mayor Mertensotto stated that in past discussions, SA representatives indicated that they would consider cedar shakes for the roof . Mr. Cronin responded that SA has indicated that it would consider using Timberline shingles, which give the appearance of wood but are not. Councilmember Smith pointed out that wood would be a concern since it is flammable. Mayor Mertensotto asked if the glassed area can be closed up somewhat, such as using a knee wall instead of all of the glass in the front of the building. He also asked that SA remove the glass blocks and increase the size of the overhand. Mr. Cronin responded that there is bronze behind the desk area, and a band of brick of different color block could be added around the building at the level of the bronze in the glass. Councilmember Smith stated that she thinks that SA is a very appropriate use for the area and she would welcome both the bank and SA to the site. She felt that things are moving in the right direction but stated that she has a number of concerns. She stated that she has not seen how the height of the canopy relates to the height of the structure itself. Mr. Cronin responded that a typical SA canopy is about two feet below the roof, but because a roof is being added to the canopy here, it will be about the same height as the main building. Councilmember Smith stated that she is concerned that the facility not appear as more than a convenience /gas station to service more than a residential area. She was concerned about the height of the canopy, stating that it does not need to be high enough to serve large trucks. She was also concerned about diesel fuel, stating that she would think auto usage of diesel would be small and there are other locations to service those vehicles. She was also concerned about operating the facility for 24 hours because it will be so close to a Page No. 14 March 7, 1996 residential area. She stated that she would hope that some type of agreement can be reached to limit the hours of operation. Councilmember Smith felt that at this location, what SA has done to reduce the variances and get to a thirty foot setback is appropriate. She pointed out that the ordinance requires a sixty foot setback, but stated that the fact that the site is surrounded on all sides by roads could impact that consideration. She stated that she would like the driveways to be reduced to 30 feet wide so that will reduce the amount of blacktop and give the site a more residential feel. She stated that she wants the SA to know Council's concerns up front so that the development can be scaled down to what Council would like. With regard to the driveway widths, Mr. Cronin responded that the driveways will work at 30 feet without any doubt, but the issue is that with the curves in the road, it would be more convenient to have 35 foot widths to make it easier for SA's customers. He stated that the site will have 25% landscaping where none currently exists. He further stated that there have been comments that the driveways should be narrower because of pedestrian traffic, but SA does not feel there will be much pedestrian traffic. Mr. Cronin stated that SA can make the driveways work at 30 feet but 35 feet would make it more convenient for people. Regarding the hours of operation, he stated that SA runs 24 hour operations throughout the metro area, and while it is perceived that neighborhoods are supposed to sleep at night, as people's lifestyles have changed they are out later at night, go to and from work late night, etc., and SA sees traffic at 1:30 in the morning. Mayor Mertensotto asked if this facility could have reduced hours and the facility at T.H. 55 operate 24 hours. Mr. Cronin responded that Council could impose a condition on hours, but he asked that Council consider the reason why SA is making a proposal. He stated that he does not think the people in the Curley Addition are any different from anyone else - people use the SA facilities at 3:00 a.m. He also stated that operating the station for 24 hours is safer, and the most dangerous time is when stores open and close. He explained that SA always has two people on -site. He informed Council that Police Chief Delmont recommends that both stores operate 24 hours a day for safety reasons. He also stated that SA is doing everything it can to buffer so that the neighborhood will not see lights or activity, etc. Mayor Mertensotto stated that one of the reasons the residential are is concerned is generation of traffic. He asked why traffic should be Page No. 15 March 7, 1996 generated when it does not have to - during the night hours he could not conceive that the store must be open for stocking, etc. Mr. Cronin responded that there will not be trucks making deliveries during that time - the slow time will be used for maintenance, stocking shelves, etc. He further stated that if the store is open 24 hours and there are problems SA will find a way to work with the city to solve the problems. He stated that SA makes a standard commitment that if there are problems with SA facilities, they will be taken care of. Councilmember Smith stated that the community really does not like lights at night, and what is happening in other cities is not necessarily what is happening in Mendota Heights. Regarding the diesel pump, Mr. Cronin stated that SA sells diesel fuel for automobiles, which is a blend of number one and number two diesel and is priced at $1.19 per gallon as opposed to $1.11 per gallon for truck service. He explained that the average person buys eleven gallons of gas at a time, whereas truckers typically buy 125 to 300 gallons, and they just do not come to a station like the one being proposed. He stated that SA wants to be compatible with the city and hopes Council would not object to diesel. He stated that SA needs the 14 foot 6 inch canopy, as people might come in with a motor home, boat, etc., and that height is needed for clearance. Responding to a Council question, Mr. Boarman stated that the bank will be at elevation 942 and SuperAmerica will be at 937, so there will be a five foot difference in elevation between them. He further stated that all of the homes will be at the same level as the Curley neighborhood, 942 to 943, which is five to seven feet higher than the SA facility. Councilmember Huber asked how large the SA will be compared to the facility at West 7th and I -35E. Mr. Cronin responded that the facility at West 7th is 3,800 square feet as compares to the 3,500 square foot facility being proposed. Councilmember Huber stated that people are going to come in and line up, and it is a mess when there are too few pumps. He further stated that a SuperAmerica is more than a gas station and people do not pull away from the pump when they pay for their gas. He noted that what Mr. Cronin is saying is that SA needs 12 pumps for the sake of congestion, and he pointed out that there is no other gas station like the proposed SuperAmerica in Mendota Heights. He felt Page No. 16 March 7, 1996 that the facility should be bigger because people are not just going to come in for gas - people will go there to buy something other than gas, and if to try to make the use smaller by reducing the number of pumps will create a mess. He did not think it is appropriate to play two SuperAmerica facilities against each other, and he felt that three racks of pumps at the proposed facility makes sense. Councilmember Koch agreed with Councilmember Huber. She stated that Council wants the site developed the best that it can, and when Council starts talking about the number of pumps, less is not going to make the development better. Mr. Hardman, Vice President of Operations for SuperAmerica, stated that SA is selling convenience, and the concept that is proposed is what SA feels is the best convenience for its customers. He stated that SuperAmerica wants people to come in easily and get out easily, and twelve pumps gives the ability to get in and out easily. He further stated that the traffic flow is much more convenient. He informed Council that SA could have eight pumps and possibly sell as much gas as 12, but it would be much harder for people to get in and out. Councilmember Krebsbach informed the audience that she and Councilmember Smith have served as the Council's subcommittee on the matter. She stated that her over-riding interest has always been that a gas station at this comer serve the community and not the highway traffic. She applauded the architecture for the community look, but stated that she does not see any changes offered by SuperAmerica on operations such as hours of operation, the car wash, the number of pumps, etc. She further stated that the letter from SuperAmerica states that 40% of its robberies have been between 3:00 and 4:00 a.m. or 4:00 and 5:00 a.m., and that is actually 22% of the operating time. She stated that she respects Chief Delmont's opinion, but this is a key point for her, and she thinks a 24 hour operation is significant. She pointed out that everything regarding operation is the same as it was in November, and she has see no documentation to verify that what is proposed is a community station. She asked the SuperAmerica representatives to submit research and documentation. With respect to the car wash, she felt that it would add to the congestion, and if the pumps reduce the feeling of congestion she would rather drop the car wash. She further stated that if this is a bank/SuperAmerica project, she expects to see some level of detail on the bank before Council agrees to any TIF participation. She stated that she would like to see a comparison of the proposed location of the convenience store and pumps to the existing structures. She asked if SA is planning to Page No. 17 March 7, 1996 install a blue sign on I -35E indicating that there is a SuperAmerica, and stated that her biggest concern is that the facility will draw traffic from I -35E. Mr. Cronin responded that there will be no off -site signage associated with the store. Councilmember Krebsbach stated that she has a different view of the proposed T.H. 55 site for SuperAmerica, and pointed out that if the Curley site is going to have a gas station it will be there for a very long time. Mayor Mertensotto stated that if the city is going to contribute TIF for development of the site, all issues must be addressed. Mr. Boarman responded that the project is being moved along in incremental steps and he is not ready to address TIF at this point. Mayor Mertensotto asked what the time limit is for action on the subdivision application. Public Works Director Danielson responded that there are two time limits in the new legislation - a sixty day time limit will expire on April 6, and if it still needs review from a planning standpoint, the time limit can be extended. Mr. Boarman stated that the bank has to do something by early April . when its option on the land runs out. He stated that he hopes to deal with the TIF application requirements at the next Council meeting. Mayor Mertensotto informed Mr. Boarman that Council could not submit to a subdivision until there is a developer's agreement so that Council knows what the city will get, because the total package includes TIF participation. He stated that Council would not grant subdivision approval when there are other components yet to deal with. Mr. Boarman responded that he hopes that Council will deal with the subdivision and conditional use permit tonight, or at least carry the matter over to the next meeting. Councilmember Smith stated that in Mr. Boarman's letter of February 6 he indicated that the bank needs an 8,000 to 10,000 square foot structure initially, with space to grow to a maximum of 26,000 square feet, yet tonight he mentioned 8,000 square feet. Page No. 18 March 7, 1996 Mr. Boarman responded that the bank needs 8,000 square feet of space for its operations, and that is what is shown on the site plan, and there is enough room on the site plan to add a 4,000 square foot second story and a full basement. Councilmember Smith stated that she would hope that what the bank is building will meet its long range needs. She further sated that she has no idea if the site would be appealing to any other use should the bank outgrow it, and that it is very difficult to redesign a bank building for any other use. She asked if the building will be designed with enough flexibility for other future use. Mr. Boarman responded that bank currently has 7,000 square feet and would have 8,000 square feet when they move into the new facility. He further stated that a lower of level of 8,000 square feet is available for their operational needs in the future, and there is also the ability to add a 4,000 square foot second story. Regarding future use, he stated that flexibility is definitely a criteria in planning banks so that they can be used for other purposes in the future. Mayor Mertensotto stated that before Council can commit to a subdivision, there must be an understanding of what will be done, and that must be addressed through a developer's agreement. Mr. John Nides, 2094 Patricia, stated that Council has not addressed the Planning Commission comments and recommendations or addressed safety issues connected with the bike path. Councilmember Krebsbach stated that she thinks Council needs to have a sense of where the buildings are now and where the new buildings are proposed to be. She stated that the safety of children using the bike path is very important. Mr. Mark Enderlein stated that he opened a business at Dodd and T.H. 110 because it was a major intersection, and now Lexington and T.H. 110 is becoming a major intersection. He did not see the need for the SuperAmerica, stating that there are stations on Dodd already, and SuperAmerica proposes another on T.H. 55. He felt that SuperAmerica would have an adverse impact on the other businesses, and he did not see why tax money should be used for the project. Park Commissioner Stan Linell stated that there is a gravel path now that connects to the neighborhood. He asked if the neighborhood would want a diagonal path along the residential Lot 2 or between Page No. 19 March 7, 1996 Lots 2 and 3, and stated that if this is desired, the easement should be negotiated now. Councilmember Smith stated that she would like input from the neighborhood. She stated that the pedway along Lot 3 should be on the diagonal from the neighborhood to SuperAmerica. Mr. Boarman stated that the only reason he has not addressed the bike path is because it is in the right -of -way area. Staff was directed to see if Mn/DOT has fee title to the right -of -way. Mr. Nides stated that he thinks the neighborhood would like to have the pedway cut through diagonally. Mr. Boarman informed Council that there was limited discussion at the neighborhood meeting with no consensus. He asked if Council would request the developers to dedicate an easement for the bike path if it becomes a key element of the project. He stated that they do not own the adjacent property. Mayor Mertensotto responded that Council would probably require an easement, as that would be the only way to accomplish the pedway. Councilmember Smith stated that she feels the project is appropriate for several reasons. She stated that the proposal is an enhanced use, as there is already a gas station and store on the site. She further stated that it is a contaminated site, and it would take a sophisticated user to develop the site. She felt that those reasons are persuasive for the proposed use. Mayor Mertensotto stated that stations like the one proposed usually end with eight foot concrete slab around, and SA proposes a storage area. He stated that the plan shows total landscaping all around and an underground sprinkler system. He pointed out to the SuperAmerica representatives that outside storage is not allowed, and that issue will be addressed in the developer's agreement. Councilmember Krebsbach felt that if there is a car wash, the vacuums should be eliminated, as they are noisy and subject the area to debris. Mayor Mertensotto listed the items which need to be addressed. They are: 1.) hours of operation; 2.) the need for a car wash; 3.) removal of the windows from the car wash; 5.) the need for a RECESS ZONING AMENDMENT PLANNING PROPOSALS Ayes: 5 Nays: 0 Page No. 20 March 7, 1996 vacuum cleaner for the car wash; 4.) submission of more information on the bank building, including what the bank will look like; 4.) a topography plan showing the grade separation between the bank and SuperAmerica; 5.) reduction in the canopy height and an increase in the canopy roof overhang; 6.) Timberline roofing on both the canopy and store; 7.) how many fuel pumps are needed and whether a diesel fuel pump is needed; 8.) 30 foot drive openings rather than 35 foot openings; 9.) park contribution; 10.) the need for another gas station; 11.) design of the architectural band around the SuperAmerica building; 12.) should there be a pedway along the single family lots to provide a direct link to the neighborhood; 13.) safety of the nearby trails; 14.) details on the location of the contamination remediation structure; 15.) determination on whether Mn/DOT owns the T.H. 110 right -of -way. Additionally, a developer's agreement should be prepared for the subdivision, addressing TIF, frontage road construction, and bank building development, and stipulating that the development, including the buffer and berm, will be in place prior to sale of the residential lots. Councilmember Smith stated that the number of pumps directly affects the size of the canopy, which in turn affects the appearance of the site, and for that reason she would like fewer pumps. On the other hand, she stated that she is somewhat persuaded by Mr. Cronin's comments on customer convenience. She stated that she will have to consider the issue further. Mayor Mertensotto called a recess at 11:15 p.m. The meeting was reconvened at 11:23 p.m. Council acknowledged a memo from Public Works Director Danielson regarding proposed Zoning Ordinance revisions for motor fuel stations and bank drive -in windows. Discussion on the matter was tabled to March 19. Council acknowledged a memo from Public Works Director Danielson regarding proposals for planning services. Councilmember Smith moved to conduct interviews at 7:00 p.m. on Wednesday, March 13. Councilmember Huber seconded the motion. TREE MORATORIUM Council acknowledged a memo and proposed ordinance to establish tree removal restrictions. Discussion on the proposed ordinance was tabled to March 19. Page No. 21 March 7, 1996 CASE NO. 96 -01, SUPER Council acknowledged an application from SuperAmerica (SA) for a AMERICA conditional use permit and variances for a SuperAmerica gas station/convenience store proposed to be located at the southeast corner or T.H. 55 and Mendota Heights Road. Mr. Mike Cronin explained that SuperAmerica proposes to construct a 3,500 square foot facility with three gas islands and a car wash. He stated that the property is five- sided, and the goal was to pull the development of the site as far to one end of the lot as possible. He informed Council that off there are boxelder and elm trees off the site, in the Mn/DOT right -of -way, and he has asked Mn/DOT to remove the trees and provide replacement plantings. A representative of Mn/DOT visited the site and suggested planting 200 Amur Maples on that side of the site instead of on the highway right -of -way. He stated that SA also plans to plant Amur Maples and other plantings on the site, and all will be irrigated. Mr. Cronin then reviewed the variance requests. He stated that the building meets the required 60 foot setback from a city street, except for the trash enclosure, but does not meet the 100 foot setback required from the Highway 55 right -of -way. He explained that SA chose to try to develop the two acres respecting the sixty foot setback and all but forty feet of the 100 foot setback, and asks for a 40 foot variance from the required setback from the highway right -of -way. He stated that this is a practical hardship because it keeps the site open. Mr. Cronin stated that the second variance is for the sigh. He stated that SA asks to be able to move the sign to allow it to be read from the highway and Mendota Heights Road, and that the sign be allowed to be 143 square feet. He asked stated that SA asks to be allowed to use some of the unused but available building sign area. Also, a variance to the fourteen foot sign ground clearance requirement is requested. He explained that the sign is not in the sight line and will be in a landscaped and curbed area. Mr. Cronin stated that the Planning Commission requested that SA consider a monument type sign. A design for a monument sign has been submitted, but SA prefers a pylon sign on two poles. He stated that SA feels a pylon sign is much more appropriate and open for its proposed location. With respect to the trash enclosure, Mr. Cronin explained that there is a berm hind the enclosure and it will be screened by Norway Pines. Mr. Cronin stated that the additional square footage on the sign is needed because the sign carries both trademark and pricing information, and the sign is the only place where specific pricing Page No. 22 March 7, 1996 information will occur. He further stated that the sign size is needed for visibility, since the facility is 200 feet from the roadway. Mayor Mertensotto asked how the sign request compares to the industrial park sign requirements. Interim Administrator Batchelder responded that the policy in the industrial park is for monument signs, and they are allowed to be setback twenty feet rather than the forty feet that the ordinance requires for the industrial district. Mayor Mertensotto stated that the request is for a sign that is sixteen feet from top to bottom. He asked what the canopy height is and what the Planning Commission issues were. Mr. Cronin responded that there is a 14 1/2 foot clearance and a three foot band and that the canopy will be flat. He explained that only the signs on the canopy will be lit. With respect to Planning Commission issues, Mr. Cronin stated that after the first meeting with the Planning Commission, a variance for one corner of the building was eliminated. He stated that he believes the second issue was just that two of the commissioners did not want any variances. He felt that the sign proposed is more appropriate than a monument sign, but SA would install a monument sign if that was Council's desire. Responding to a question from Councilmember Krebsbach, he explained that it would be the same sign, but it would be on a sixteen foot brick face. It was the consensus of Council that a monument sign of that size would be too massive. Councilmember Smith stated that she feels that in this location the pylon sign is more appropriate. She expressed concern that approving the sign the way it is and in the proposed location would set a precedent for the two undeveloped lots on Northland Drive, and that the sign could restrict visibility to those lots. Councilmember Huber asked how big the normal SA signs are. Mr. Cronin responded that the signs are as large as possible, generally ten by thirteen, and most are typically much closer to the street. He explained that in this case, SA is asking for a 9'10" by 16'3" sign because the sign will be set back so far. Councilmember Smith stated that the lot is not in a commercial area and SA will not have to compete with other businesses. She felt that people would see the normal sized sign. Page No. 23 March 7, 1996 Councilmember Krebsbach agreed, and stated that Council does not want to set a precedent. Mr. Cronin responded that the difference is that this is a five sided lot with three frontages, and SA is not using the total square footage of signage that is allowed for the site. Councilmember Huber stated that the sign would be 150 feet from the road. He suggested approving a 10 by 13 foot sign. He stated that in the industrial area most people are not looking for a retail business. Mr. Cronin stated that the gas industry is the only industry that advertises its prices and the sign has to be price- readable or people will drive by. Councilmember Krebsbach asked Public Works Director Danielson to address Mr. Cronin's comment about some of the Planning Commissioners not wanting variances at all. Mr. Danielson responded that three of the members were concerned about granting any variances whatever, but he did not know that there was any member who totally objected to the development on the site. Councilmember Smith stated that she takes variances very seriously as well and would only like to consider them if there is a reason they should be granted. She informed Council that she talked to Public Works Director Danielson about B -3 districts and if there are any other areas that would be impacted by a 100 foot setback from the highway right -of -way. She informed Council that this is the only site in the city that would be impacted this way. She explained that the setback was established because at the time it was established the city did not know what would be right -of -way and what would be platted. She felt that a sixty foot setback is appropriate for the site. Mayor Mertensotto stated that the sixty foot setback that is requested is for the location of the canopy and the building. He explained that Council has established a strict sign policy for the city and stated that he wants to stay with that policy. He felt that if Council were to approve a 50% increase in sign size for SuperAmerica, there would be many others applying for larger signs. He stated that by ordinance the sign size can be 100 square feet. Page No. 24 March 7, 1996 Councilmember Krebsbach informed the SA representatives that the city has no street lights and no lighting at night, and the city is very low key. Responding to a question from Mayor Mertensotto, Mr. Cronin stated that the trash container is completely enclosed in brick and is covered. He stated that the ground behind the enclosure is higher and shields the enclosure, and SA will plant eight to nine Norway Pines in the corner behind the container to further shield it. Mayor Mertensotto stated that the property is in a B -3 district, and the only way a conditional use permit can be granted is if Council amends the B -2 zoning uses (conditional uses in the B -2 district are also conditional uses in the B -3 district). He suggested that Council could grant concept approval conditioned upon 1) further staff review of the landscaping plan; 2) further consideration of the requested variances for location of the sign and the setback of the building from the right of way; 3) no variance for sign height; 4) no windows in the car wash; 4) grading plan review by staff; 5) further review of lighting. Councilmember Krebsbach was concerned about the car wash. She stated that she supports the car wash at this location but would like to analyze it further. Mayor Mertensotto stated that there will be a heated apron and the car wash will not be operated at temperatures below zero. Councilmember Smith suggested treating the trash enclosure as an accessory structure to avoid granting a variance. Interim Administrator Batchelder responded that this is one of the areas where the building code is in conflict with the Zoning Ordinance, but staff will look into the possibility. Councilmember Krebsbach stated that Council has not discussed hours of operation. She stated that she would be willing to agree with 24 hour operation if SA agrees it will reduce the hours of operation if the city finds that there are any problems. Councilmember Smith moved to grant conceptual approval of the SuperAmerica project subject to review of lighting, grading and landscaping and further review of the car wash, along with staff research as to whether a conditional use permit for accessory Page No. 25 March 7, 1996 structure should be considered for the trash enclosure. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Mertensotto briefly discussed cable television franchise issues. He felt that franchise renewal discussions should be discontinued because of the uncertainty due to the Continental Cablevision/U.S. West merger. Councilmember Smith informed Council that she will not be able to attend the March 19 meeting. Councilmember Krebsbach suggested that Council conduct a workshop with the Planning Commission to discuss senior housing, lighting and stadiums. Mayor Mertensotto felt that Council should conduct its annual goal setting session, after which a joint workshop could be held. Councilmember Koch informed Council on CDBG reductions for 1996. APPROVAL OF MINUTES Councilmember Smith moved approval of the minutes of the regular meeting held February 20, 1996 as amended. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 Huber, Koch ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to 7:00 p.m. on March 13 for a Council workshop on planning service proposals. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:27 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor K hleen M. Swanson, City Clerk