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1996-04-02 Council minutesPage No. 1 April 2, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 2, 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, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 26, 1996 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for February. c. Acknowledgment of the unapproved minutes of the March 6 NDC-4 Executive Committee meeting. d. Adoption of Resolution No. 96-14, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF STORM SEWER, STREET RECONSTRUCTION AND APPURTENANT WORK TO SERVICE CURLEY'S VALLEY VIEW, CURLEY'S VALLEY VIEW REPLAT AND SURROUNDING AREAS (IMPROVEMENT NO. 93, PROJECT NO. 4)," awarding the contract to Valley Paving, Inc. for its low bid of $562,734.92. e. Acknowledgment of a memo from Treasurer Shaughnessy regarding levy and revenue base comparison information. Page No. 2 April 2, 1996 f. Acknowledgment of additional information from the Superintendent of Schools regarding the proposed middle school. g. Acknowledgment of the renewal of the Lease Agreement with U.S. West/New Vector Group for the existing antennas on the water tower. h. Adoption of Resolution No. 96 -15, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR WENTWIORTH WATERIVIAIN MATERIALS (IMPROVEMENT NO. 95, PROJECT NO. 4A)," awarding the contract to U.S. Pipe and Foundry Company for ductile iron pipe, for its quote of $160,471.35. i. Approval of the issuance of a wetlands permit to Ultan Duggan to allow installation of a sub - surface drain the to alleviate ground water problems at 2331 Copperfield Drive. j. Approval of the list of licenses dated April 2, 1996 and attached hereto. m. Approval of the List of Claims dated April 2, 1996 and totaling $197,997.46. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 GOPHER ONE CALL Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on an application for building permit from Gopher State One Call. Mr. John Bell was present on behalf of Gopher State. Mr. Bell stated that he has submitted site plans showing the heating and ventilating equipment on the roof of the structure. He explained that the units will be held back 40 feet from the building edge. He also showed a drawing showing the structure in a perspective view from the Centre Pointe building, and stated that the roof top units cannot be seen from about 80% of the building. He informed Council that the units are four by six feet, and that they are proposed to be screened. He showed pictures of a building his firm built in Roseville, to show the. care that is taken to hide roof units. He stated that it is 3 feet, 3 inches off the roof to the top of the units and that they will be painted out. He then showed a colored drawing of the exterior rock face block and brick that will be used on the building. Page No. 3 April 2, 1996 Mayor Mertensotto stated that he feels there should be a developer's agreements to tie down all of the representations that have been made. He su gg ested that Council could approve the permit this evening but withhold occupancy until the agreement is executed. He directed staff to prepare an agreement to cover such issues as parking, landscaping, rubbish disposal, screening, easements, etc. Council-member Koch moved to grant a building permit to Roseville Properties for construction of the Gopher State One Call building subject to the developers entering into a developer's agreement with Ayes: 4 the city which must be executed prior to occupancy of the building. Nays: 0 Councilmember Smith seconded the motion. U.S. WEST Council acknowledged a memo from Public Works Director Danielson regarding a request from U.S. West to install three cellular antenna arrays (four antennas in each array) and a 12 by 24 foot cellular equipment building on the Henry Sibley High School roof top. Two of the arrays would be located on the western portion of the roof, and the third would be installed on the penthouse. Mr. Jay Littlejohn, representing U.S. West, explained that the location does not do everything that the Mendota Plaza location would have, but it will cover the void in service. He stated that it is proposed to paint two of the arrays of antennas the same color as the water tower, and the third (on the penthouse) will be painted to exactly match the color of the school. The equipment building will be painted to appear as a brick facade to match the school. Councilmember Smith asked why "faux" brick was chosen instead of matching the brick on the building. Mr. Littlejohn responded that the brick has been on the school for a while and has weathered, and is much darker than the original color. Councilmember Smith asked if there will be space for other facilities on the school, and whether the antennas and building are placed in such a way that other facilities can be accommodated. Mr. Littlejohn responded that the only problem is that if two facilities are placed closer than 20 feet together, they can get cross interference. He informed Council that there is no exclusivity in the least that would prevent other companies from installing their antennas. Councilmember Krebsbach stated that if maintenance is a condition, she could support the request. Page No. 4 April 2, 1996 Councilmember Smith moved to refer the U.S. West request for location of antennas at Henry Sibley High School to the Planning Commission. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96 -01, SUPER Council acknowledged a memo from Public Works Director AMERICA Danielson regarding continued discussion on an application from SuperAmerica for conditional use permit and variances to construct a motor fuel station/convenience store at T.H. 55 and Mendota Heights Road. Mr. Mike Reznick, from SuperAmerica was present for the discussion. Mayor Mertensotto stated that Council has given concept approval to the SuperAmerica and talked about the variances for the sign but did not conclude whether it should be a monument or pylon sign. He explained that Council would not give a variance from the sign size of 100 square feet. Mr. Reznick responded that SuperAmerica would prefer a pylon sign. Mayor Mertensotto suggested that Council could grant approval for the location but delay approval of the sign. Councilmember Krebsbach stated that no signage will be allowed along I -494. She further stated that she is an advocate of the monument sign because it would be consistent with the industrial park signage. Mr. Reznick responded that the tradition in the industry is that the sign is used for price rather than identification for the store. Mayor Mertensotto stated that SA could show the design of the pylon sign and at the same time give Council a design on a monument sign that would be lower to the ground and also one that would be further up. Councilmember Smith stated that while monument signs are used well through the city, this would likely be much larger than the typical monument sign. She asked if the design could be modified to have brick columns in a pylon style sign. Mr. Sam VanTassel, from SuperAmerica, responded that brick columns could certainly be used. Page No. 5 April 2, 1996 Mayor Mertensotto asked if the band on the canopy will be lit. Mr. VanTassel responded that only the words SuperAmerica will be lit. Responding to a question from Mayor Mertensotto, Mr. Van Tassel stated that SA plans to build a masonry building for rubbish. He stated that SA wanted to attach it to the store, but it will be detached because of direction from the city's Fire Marshal. He stated that the store will be 80 feet long with a hip roof, with asphalt shingles, and that the canopy will be 47 by 88 feet. In response to a question from Mayor Mertensotto, he stated that SA would like to use a %2 inch brick facade on the knee panel rather than anodized metal. Mayor Mertensotto pointed out that no outside storage of merchandise will be allowed. Councilmember Krebsbach pointed out that the proposed approving resolution stipulates that a 24 -hour operation of the facility would be allowed on the condition that the applicant agrees to reduce the hours if the city finds there are any problems with the 24 -hour operation. She informed Mr. Van Tassel that problems which would precipitate a change in hours would not have to come from the police department. City Attorney Hart stated that if the city makes a determination that the operation on a 24 hour basis is inconsistent with the city's goals and values, the city can unilaterally impose a reduction in hours. Mr. Van Tassel responded that SuperAmerica agrees to the condition. He further stated that SA may find, after the store is open for a time, that there is no market for the 24 hours of operation as well. Councilmember Koch moved adoption of Ordinance No. 305, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to allow motor fuel stations and motor fuel station convenience stores as a conditional use in the B -3 Districts. Councilmember Huber seconded the motion. Councilmember Krebsbach asked if the ordinance could be revised in the future to eliminate the proposed amendment or make it more restrictive. Page No. 6 April 2, 1996 City Attorney Hart responded that there is no prohibition on changing the zoning ordinance as long there is a rational basis for the change, and that existing stations would be grandfathered. Interim City Administrator Batchelder stated that Section 21.2 of the zoning ordinance places many conditions and restrictions on motor fuel stations, and that section of the ordinance could also be amended should Council desire to make changes in the future. Ayes: 5 Nays: 0 Council then reviewed a proposed resolution to approve a conditional use permit and variances which would allow construction of the SuperAmerica facility. Mayor Mertensotto stated that no decision has been made with respect to the sign, and Council would reserve the right to approve either a pylon or monument sign. He stated that since no determination has been made with respect to the sign, the resolution should be revised to remove references to a proposed variance for ground clearance and redesign of a monument type sign. Responding to a question from Mayor Mertensotto, Mr. Van Tassel stated that the canopy height will not exceed the height of the principal structure. Councilmember Krebsbach stated that she would like to see screening to the Coca Cola facility on the south side of the property and perhaps some maple bushes in the plan. Staff was directed to revise the proposed resolution in the following respects: to remove the references on the sign ground clearance variance and redesign of a monument sign, to include that the canopy height will not exceed the height of the store, that Council will consider and approve the type of sign at a future date, and that the applicant enter into a developer's agreement with the city. Councilmember Smith moved a) to approve a forty foot sign setback variance, a fifteen foot variance from the street setback from Northland Drive for the trash facility, and a forty foot sign setback variance; b) to direct staff to prepare a revised resolution for approval of the requested conditional use permit to reflect the conditions discussed this evening; and c) approval of the issuance of a building permit conditioned that occupancy of the structure cannot Page No. 7 April 2, 1996 occur until a developer's agreement has been executed and approved. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96 -05, DAKOTA Council acknowledged a memo and proposed resolution from BANK, CASE NO. 96 -06, Public Works Director Danielson relative to continued discussion SUPERAMERICA on an application from Dakota Bank for subdivision of the Curley /SOS property and an application from SuperAmerica for conditional use permit and variances. Council also acknowledged memos from Treasurer Shaughnessy regarding tax increment financing and a memo from SuperAmerica, dated April 2, 1996, in response to Council concerns discussed on March 19. Mr. John Seidel, from Dakota Bank, and Mr. Sam Van Tassel and several representatives from SuperAmerica were present for the discussion. Mr. Van Tassel reviewed a revised site plan for SuperAmerica, informing Council that the number of islands has been reduced to two, which reduces the canopy size to 47 feet by 66 feet. He explained that four gas dispensers are proposed, to fuel eight cars at one time. He stated that SA has reduced its requested hours of operation from 24 hours per day to 18 hours per day, from 5:00 a.m. to 11:00 p.m. or 6:00 to midnight. Mayor Mertensotto responded that Council had discussed 17 hours per day. Councilmember Smith noted that other service stations in the city are open as late as midnight at this time. Councilmember Krebsbach pointed out that the proposed facility is right in the back yards of a residential neighborhood, and that she could accept 5:00 a.m. to 11:00 p.m. Mr. Van Tassel responded that SuperAmerica could accept those hours, but he asked that Council grant a variance from those hours on Friday and Saturday evenings. Mayor Mertensotto suggested changing the hours to 6:00 a.m. to midnight on Friday and Saturday. Councilmember Huber asked whether SuperAmerica would not be better off keeping the same hours all week. Page No. 8 April 2, 1996 Mr. Van Tassel responded that he would not want to confuse the customers with the closing hours. He then reviewed drawings of the proposed brick and shingle colors, explaining that brick would be used where the anodized panels had been proposed (the knee wall). He stated that the canopy supports also have a brick treatment and there will be a mansur treatment on the canopy, and the canopy height will not exceed the height of the building. He stated that SuperAmerica is also requesting the ability to sell diesel fuel, which is a specially blended auto fuel. He explained that SA typically has diesel fuel to service cars, pick -up trucks and campers. He stated that SA does not cater to large trucks. Mr. Van Tassel stated that it is SA's goal to keep the facility as much of a community -scale facilty as possible, and adding the diesel tank gives some flexibility for the future as well. If the diesel tank is not approved, there will be three fuel tanks at the location. Councilmember Koch asked where the diesel pump would be if it is allowed. Mr. Van Tassel responded that there are two islands proposed, and there would be one diesel dispenser on the outside island. He informed Council that the driveways have also been narrowed down to 30 feet. Responding to a question from Mayor Mertensotto - regarding the possibility of increasing parking, he stated that two - thirds of SuperAmerica's customers buy gas, and it has been found that where there is parking to the front of the store, that is adequate to handle the one -third of the customers who do not buy gas. He stated that it would be possible to add parking on the east side for possibly five cars. Responding to a question from Mayor Mertensotto, Mr. Van Tassel stated that SA is not putting in a path connection between the existing path and the store, but rather is taking a wait and see approach. Mayor Mertensotto stated that Council does not want the trail cutting at a diagonal between the residential lots. Councilmember Smith stated that the project might be better served by moving the trash unit back. Mr. Van Tassel responded that contaminated soil is backing into the first water table, and remediation could be handled through pumping stations or the contaminated soil could be removed. He stated that if removal is not done, the Pollution Control Agency would require a remediation shed. Page No. 9 April 2, 1996 Mayor Mertensotto stated that the preference would be removal of the soil, and that Council does not want a remediation shed. Mr. Van Tassel responded to the points discussed at the last meeting. He stated that: 1. SA will not install any off -site signs along T.H. 110 or I -35E. 2. The trash enclosure will be the same brick as the building itself and will have a roof. 3. Additional landscape will be provided to buffer the parking along Lexington Avenue and into the T.H. 110 right -of -way (if allowed). 4. The 14 foot, 6 inch clearance on the canopy is standard. 5. Condensing units are in the rear of the building, and SA will add a brick wall to screen them from the south. 6. There will be no exterior storage. 7. The roof material will be Timberline shingles. 8. SA would like windows in the car. wash for two reasons - some people get claustrophobic, and they dress up the building. He informed Council that SA could go either way on the issue of windows. Mayor Mertensotto asked what construction schedule is envisioned, and what the demolition schedule is. Mr. Van Tassel responded that construction would likely start in late summer, with the facility opening in November. He stated that demolition of the existing structures should take three to four weeks at most. A lady in the audience stated that she is in favor of the car wash. Mr. Lawrence Ryan, 2119 Patricia, stated that he is in favor of the entire project, including the car wash. He felt that it would be good for the Curley neighborhood to have the site cleaned up. Mr. Jim Kilburg, 819 Cheri Lane, stated that he has been following the proposal since it was initially presented and that he thinks the project would be good for the community. He further stated that he definitely would like to see the car wash included and that he does not know why Council members object to diesel. He stated that many cars and trucks use diesel and he would like to see it approved. Councilmember Krebsbach responded that she has been contacted by residents who say that they do not want diesel at the station. Page No. 10 April 2, 1996 Mr. John Nides, 2094 Patricia, stated that he is opposed to the car wash because of noise and safety concerns. Mayor Mertensotto pointed out that TIF is being requested by the developers. He asked what the plans are for construction of the bank. Mr. Seidel responded that there are still hurdles to get through once Council grants planning approval, but he would like to start construction on the bank this fall and open next spring. Councilmember Koch stated that one of the reasons she had asked where the diesel pump would be is because Council members have indicated that they do not want big trucks to use the facility. She pointed that the right circulation pattern would be needed to accommodate large trucks, and if diesel fuel is located where the plan shows, it would be difficult to attract a large truck to the proposed location of the diesel pump. She stated that since SuperAmerica has reduced the number of islands, she would be willing to compromise on diesel. Mayor Mertensotto responded that SuperAmerica might modify the circulation pattern in the future. He stated that the site is very limited and it is a neighborhood station. He felt that it would be more appropriate to have diesel at the other SuperAmerica, which would only be about a mile away. Mr. Van Tassel stated that SuperAmerica markets to cars, station wagons and pick -up trucks, and is not marketing to the big trucks. He stated that the diesel mixture is automotive diesel, for light trucks and cars, and is much more expensive than someone who drives the large trucks would want to spend. He further stated that SuperAmerica would agree not to advertise diesel. Councilmember Krebsbach responded that Council is not talking about tractor- trailers, but would like to keep the station on a small scale and primarily for cars. Councilmember Smith stated that she has decided to keep an open mind on the issue since she knows there is some demand for diesel. She informed Council that she has found in her research that a station on Robert Street has larger trucks (2 tons and larger) using its diesel pump. She stated that keeping in mind that Council wants to keep the SuperAmerica on a neighborhood scale, it would be her preference that there be no diesel at this location. Also, she stated that she has an article which indicates that many commercial fleet Page No. 11 April 2, 1996 operators are not going to continue with their own diesel fuel and are going to retail. Councilmember Huber asked what SuperAmerica is proposing for operating hours. Mayor Mertensotto responded that the proposal is four eighteen hours - 5:00 a.m. to 11:00 p.m. Sunday through Thursday, and 6:00 a.m. until midnight on Friday and Saturday. Councilmember Huber stated that he would consider 5:00 until midnight on Friday and Saturday to keep the opening hour consistent. He felt that it would make sense to have the same starting time. A gentleman in the audience who lives two blocks from the site stated that the hours do not seem to be a problem, but it certainly makes sense that they be allowed to be open from 5:00 a.m. to midnight on Friday and Saturday. He further stated that it is very frustrating to go somewhere one day and it is open and the next day it isn't. Mr. Nides stated that he would rather see consistent hours and if it is open until midnight on Friday and Saturday he would expect it to be open until midnight the other days. He stated that he would prefer it be open until 11:00 every day. Mayor Mertensotto agreed that the hours should be consistent, as it is a neighborhood station. Councilmember Koch stated that she has no problem with hours of 5:00 a.m. to midnight. Mr. Leslie Leko, a manager for SuperAmerica, stated that there are many stations that have time restrictions, and some do close at 11:00 p.m. with midnight closing on Friday and Saturday. He stated that this is a community store, and the extra hour on Friday and Saturday is a benefit to the community. Mayor Mertensotto asked if the car wash would be open during the operation hours for the store. Mr. Van Tassel responded that it will. He stated that the dryers are inside the car washes, and the doors are closed at all times, so noise from the car washes is minimized. Page No. 12 April 2, 1996 1 Mayor Mertensotto stated that he could agree to the extended hours on Friday and Saturday nights and that he would also agree that there can be windows on the car wash, but if the windows are broken in the future they must be repaired immediately. He suggested that there could be overflow parking along the T.H. 110 frontage road, but he would not agree to diesel. He further stated that the pedway should remain where it is now. He asked Mr. Van Tassel about the sign. Mr. Van Tassel responded that the proposal is for a 92 square foot monument sign. Councilmember Smith stated that she would like to defer the sign as well, and look at the signs for both of the SuperAmerica facilities in the future. Councilmember Krebsbach stated that she would like Council to reserve the right to reconsider the car wash hours should noise become a problem. Councilmember Smith asked if it would be possible to set the trash enclosure back so that it is not flush with the main building. Mr. Van Tassel responded that it can be indented. Mayor Mertensotto stated that if the conditional use permit is approved, Council will reserve approval of the landscaping plan until after construction begins. He further stated that Council will not allow SuperAmerica to sell any of the residential lots until after the bank is in place and the SuperAmerica is in operation. Mr. Jack Boarman, project architect, responded that he understands that that will be one of the conditions of the developers agreement. He then briefly reviewed drawings for the proposed one and one -half story bank structure. He explained that he will come back and review final design plans as the project progresses, and stated that the bank will not need any variances and SuperAmerica will need only two variances. Councilmember Smith stated that she would be willing to consider a slightly larger variance for SuperAmerica if the trash area is pulled back a little. Mayor Mertensotto pointed out that no trees or any part of the wall can be removed until there is a finalized landscape plan. He further stated that Council has must still discuss the TIF amount and the up Page No. 13 April 2, 1996 front costs. He stated that the city would be paying one half of the frontage road costs and Mn/DOT would pay the other half. He asked if there are any estimates for demolition of the existing facilities. Treasurer Shaughnessy responded that the figure he used was based on an estimate of $50,000 for total demolition costs and removal of all of the buildings. Mr. Boarman stated that since he has not yet sent bids out, he is estimating the various site eligible costs, and the cost he has estimated to date is for re- grading the entire site, demolition, construction of the berm, and utilities for the entire site, but the city is taking a different approach. He explained that some of his $250,000 estimate included demolition, and stated that he views the city's calculations as based on construction values which he had presented as what appears to be the eligible tax base for TIF eligibility. Treasurer Shaughnessy stated that the way the tax increment proposal was presented was that the demolition and the frontage road costs would be paid for from existing tax increment funds and the balance of the site work would be pay as you go. City Attorney Hart informed Council that the city will require that there be proof of costs in the TIF developers' agreement. He explained that proof of eligibility and proof that the expenses have actually been incurred will be required, and the actual amount of TIF benefits on the pay as you go note will be reduced if the development is not completed by 1997. He further stated that the up front TIF would not be reduced because it would be from existing tax increment funds. He explained that the city has always asked that the developers' legal counsel to stipulate that the tax increment is being advanced to support eligible costs. Treasurer Shaughnessy informed Council that staff has applied to the state to include frontage road funding for this year, but if the scope of frontage road improvements extends beyond what the state allows, there may be some additional costs. Mayor Mertensotto pointed out that there will be a park contribution requirement for the residential lots. He stated that there appears to be consensus, and. Council .could grant concept approval in principle to the project subject to execution of a developers' agreement. He further stated that in advance of the developers' agreement, Council Page No. 14 April 2, 1996 will have to amend the zoning ordinance for motor fuel stations and drive -in bank facilities as conditional uses. City Attorney Hart was directed to draft a developers' agreement. Councilmember Smith moved to grant concept approval to the subdivision, the two variances being requested for SuperAmerica, and the conditional use permits subject to the following conditions: that the hours of operation for SuperAmerica be from 5:00 a.m. until 11:00 p.m. Sunday through Thursday and until midnight Friday and Saturday; that there be no diesel fuel sold at the facility; that the there be only two gas islands and only three tanks; that the canopy size be 47 by 66 feet; that the building will have all the features described in the materials submitted by SuperAmerica; and with the understanding that SuperAmerica representatives have indicated that they will work with the city to find remedies to any concerns of the neighborhood and City Council, including a reduction in hours. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Mayor Mertensotto informed the representatives of the bank and SuperAmerica that although concept approval has been granted, no building permits will be issued until the developers' agreement has been signed. Council acknowledged and briefly discussed a proposed ordinance to allow motor fuel station convenience stores as conditional uses in the B -2 zoning district and banks and banking as permitted uses in the B -2 district. It was the consensus to revise the draft ordinance to add banks and banking institutions with drive -in facilities as a conditional use. Councilmember Huber moved to give concept approval to a conditional use permit for Dakota Bank for a bank with drive -in facilities. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Mertensotto called a recess at 10:15 p.m. The meeting was reconvened at 10:25 p.m. CASE NO. 96 -04, DAKOTA Council acknowledged an application from the Dakota County COUNTY HRA - SENIOR Housing and Redevelopment Authority for rezoning, conditional use HOUSING permit, Comprehensive Plan Amendment, variance and subdivision approval. Council acknowledged reports from the Public Works Page No. 15 April 2, 1996 Director, Administrative Intern, City Planner, and letters from the HRA, the project architect, the Dodge Nature Center, and Mr. Bernard Friel. Council also acknowledged a proposed ordinance to add a senior housing element to the Zoning Ordinance, a proposed ordinance to rezone the HRA property. In addition, Council acknowledged a proposed approving resolution presenting a history of the application and citing findings with respect to hardship, housing goals and need. Ms. Kari Gill, Deputy Executive Director of the HRA, and Mr. Jay Nelson, from BRW, the project architect, County Commissioner Patrice Bataglia, and Mark Ulfers and Colleen Loney, from the HRA were present for the discussion. Ms. Kari Gill, Deputy Executive Director of the HRA, gave Council and the audience a history of the proposed project. She stated that the Planning Commission conducted hearings on the planning application in January and February, and recommended approval in March. She informed Council that, in response to Planning Commission discussions, lighting has been reduced by 45% in the parking area, that a berm and landscaping will be installed to provide a barrier to the nature center, and nine parking spots have been added. Ms. Gill stated that the proposal is similar to the other seven HRA senior citizen buildings in the county, although it has more land per unit than the others. She pointed out that the facility will help the city meet the goals of the Livable Communities Act. Mr. Nelson informed the audience that the building is proposed to be located at the end of South Plaza Drive and will be oriented towards T.H. 110. He explained that the grading on the east side will be realigned to create a significant berm, and informed Council that many trees will be added to the berm to screen it from the nature center, and that the existing trail will be realigned around the building and will be paved. He stated that it would be possible to lower the building one more foot, but adjustments would need to be made in the storm sewer pipe, and that the first floor is currently at an elevation of 861 feet as compares to the bank, which is at 850 feet. Responding to a question from Mayor Mertensotto about how much higher the overall building would be than the bank building, Mr. Nelson responded that the bank is a three story commercial building, which has deeper floors and should be comparable even though the senior facility would start out ten feet higher in elevation. He then reviewed an elevation of the building. He explained that it is a u- shaped three story building with brick and white lap siding (probably steel) on the exterior to create a maintenance free facility, and that brick will continue around the east side. There will be a covered porch and a covered screened porch at the front. Page No. 16 April 2, 1996 Mayor Mertensotto asked if the city could vacate its right -of -way so that it could be added to the HRA property. He felt that it would make sense to square off the property. Public Works Director Danielson responded that the HRA would need to acquire fee title to the property, and that there would need to be research to see who the underlying fee owner is. Councilmember Smith stated that she understands that the right -of- way is only 60 feet wide in the area to the east, and there would still be a notch that is dedicated park land. Mayor Mertensotto asked staff to research the possibility of adding public land to the site. Mayor Mertensotto stated that one thing the Planning Commission has indicated to Council is that the city would have to change the underlying zoning to R -3 and that the Commission wants to work with Council on a senior housing ordinance. He explained that the Commission has suggested that Council grant the required variances for this structure and continue•to work jointly to develop an amendment to the R -3 provisions for senior housing. He pointed out that once an amendment has been adopted, the HRA facility would be "grandfathered," and he felt that this would be appropriate action. He asked Ms. Gill how many variances are required. Ms. Gill responded that variances are required for lot area, the number of parking spaces, unit size and storage. She explained that the smallest one bedroom unit is 664 square feet and the ordinance requires 750 square feet. She stated that it is the HRA's experience that parking is more than adequate based on the facilities which the HRA currently operates. Mayor Mertensotto stated than another concern of the Planning Commission is that there be some provision for an exercise area. Ms. Gill responded that there is a common space on the third floor, about 200 square feet, which no use had been designated for as yet. She explained that the HRA usually lets the residents decide the use, and in several buildings there are exercise bikes. Responding to other questions, she stated that smoking is not allowed in the common areas but residents can smoke in their own units, that the trail connects at both ends of the existing trail, and that there are over 300 people on the interest list for the building. Page No. 17 April 2, 1996 Councilmember Krebsbach stated that her concern is less about the structure but whether there are any issues that need to be addressed for the Dodge Nature Center. Mr. Nelson responded that the elevation of the soil by the building has been raised by 10 feet to reduce the building's presentation to the nature center and there will be more natural landscaping to lessen the building's impact. Councilmember Krebsbach asked if there have been any neighborhood concerns. Ms. Gill responded that at the initial Planning Commission meeting there was a concern about whether the road would go through to the neighborhood, but Public Works Director Danielson informed the residents that the potential for road extension would be eliminated if the HRA project is approved. Councilmember Smith asked what the total square footage of the proposed building is as it relates both to private and common spaces. Mr. Nelson responded that the building is about 65,000 square feet there is an average of about 250 square feet of public common space per unit. He stated that the total community space is just under 5,000 square feet, not including hallways, etc. He informed Council that the building will have a community room, laundry rooms on each floor and a lounge in front of each of the laundry spaces. There will also be meeting and library spaces. He stated that there is also about 250 square feet of area on the lower level of the building that is available for a work shop. Councilmember Smith stated that the building does include space for the residents beyond just the units, and that Council must recognize that while the units are smaller than the ordinance requires, there is much common space. Councilmember Huber asked how the HRA will decide which 65 people get to occupy the structure, given the size of the interest list. Ms. Gill responded that at the point when construction begins, the HRA begins taking applications with specific deadlines and a random drawing will be held. She stated that preference is given to Dakota County residents, and it is typically found that the people come from the area in which the facility is located or they have families in the area. Councilmember Koch stated that many of the comments she has received from residents indicated that they had a perception that the Page No. 18 April 2, 1996 cooperative agreement which was signed by the city in December made the project a "done deal," and that Council would grant any variances and whatever it would take to approve the project. She pointed out that this is not true, and that Council definitely wants senior housing but did not agree in December to all of the conditions. She further stated that Council asked for the additional 25 market rate units because of all of the calls received from residents who do not qualify for subsidized housing. She stated that 65 units is a lot of units on the site acreage, and that it is a misrepresentation that there was a guarantee given in December that the project would be approved. Mayor Mertensotto stated that Council asked for the 25 market rate units so that more of the city's residents could participate in the project. He pointed out that because the project is low and moderate income housing it must, of necessity, be more dense. He stated that the project is for senior housing and that the HRA knows the needs of seniors. He did not think that the city could find a better site for a senior housing facility because it is within walking distance from the shopping center. Dr. Greg Lee, Executive Director of the Dodge Nature Center, stated that the nature center is in support of the senior housing facility at the proposed site. He further stated that when the project was first proposed by the HRA, he was assured by the HRA that this would be a 40 unit facility and that it would be well landscaped. With that assurance, he went to his Board to ask for a support letter to the HRA, and after sending the letter he heard no more from the HRA until the January Planning Commission meeting. At that time, the HRA presented a 65 unit project and talked not about screening the nature center property, but rather about how much the project's residents would enjoy looking out over the center's property. He stated that the HRA has done what it can do in good faith to screen the structure as much as possible but he is still concerned that the building as proposed is over -large in comparison to other structures in the area. He stated that it is a three story structure with a gabled roof and would give the appearance of a sixty foot tall structure - it is ten feet above the bank on a hill. Mayor Mertensotto pointed out that there is a 10 foot difference in the elevation of the ground floor and that the bank is a three story building. Dr. Lee responded that there could be a 30 to 35 foot height difference between the proposed building and the bank, and if the nature center begins restoration of its property for the enjoyment of Page No. 19 April 2, 1996 Mendota Heights residents, people who walk the center's site will see an overwhelming building. He stated that he would like the HRA to stick to its promise of fully screening the building, and he would like to see more done to screen the building from view. Mayor Mertensotto stated that he does not think promise is a fair word - the HRA has always talked about a three story building, and he does not see anything wrong with senior citizens enjoying the view of all of the acreage of open space to the east which is not on the tax rolls. Mr. Nelson stated that the gables on the end are disguising the longer roof on that edge of the building. He explained that the height of the building from the first floor will be about 42 feet, which is the height that will be presented to the nature center, and the bank is probably about 36 feet tall. Mr. Lee stated that he does not see any hardships for the variances. City Attorney Hart responded that it is not just a matter of hardship, but that the ordinance states that hardship or practical difficulty are needed for variances and there are practical difficulties with the site. Mayor Mertensotto stated that Council knows that Dakota County will own the project for at least thirty years, which is the term of the bonds for the project. He further stated that he believes the site is appropriate, and while it does not meet all of the requirements that the city would like to see, what Council is considering is subsidized housing so that the city's seniors can continue to live in the community. He felt that Council should proceed with granting the zoning change to R -3, granting the variances and conditional use permits, and approving the project in concept so that the HRA can proceed. Councilmember Huber moved adoption of Ordinance No. 307, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to rezone the HRA property to R -3. Councihnember Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Huber moved adoption of Resolution No. 96 -16, "A RESOLUTION APPROVING A PRELIMINARY PLAT, CONDITIONAL USE PERMITS FOR MINING AND A STRUCTURE OF MORE THAN 25 UNITS, AND VARIANCES FOR LOT AREA, PARKING, UNIT SIZE„ AND STORAGE TO Page No. 20 April 2, 1996 THE DAKOTA COUNTY HRA TO BUILD AND OPERATE A SENIOR HOUSING FACILITY." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96 -07, MENDOTA Council acknowledged an application from Carmen Tuminelly HOMES and John Mathern (Mendota Homes) for the subdivision of land located along I -35E, adjacent to Crown Point. Council also acknowledged reports from the City Planner and Administrative Intern. Mr. Mathern was present for the discussion. Mr. Mathern stated that he appeared before Council in the past for preliminary discussion on a possible proposal for 10 townhouse units on the property but received on answer and instead now proposes an eight lot single family subdivision. He explained that he is asking for front yard setback variances for two lots at the end of the cul -de -sac, a lot width variance on one lot, and that the right - of -way be 55 feet rather than 60 feet. He stated that he proposes to move the existing house and reduce the four -car garage to a two -car garage. He stated that the roadway coming into the property is only 17 feet wide, which is quite narrow, but when it comes into the new cul -de -sac, it will be a full width city street. He explained that the cul -de -sac is proposed to be about 450 feet long from the frontage road, but it is the only way to service the property with a road. Mr. Peter Kronschnabel, 871 Crown Circle, expressed concern about the increased traffic which would result if the project is built. He stated also that there is no turn lane into Crown Point from the west and it is very difficult getting in. He felt that there should not be eight new homes on an existing seventeen foot road. Ms. Mary Ann Orfei stated that traffic problems do exist now but the last improvements made to the frontage road actually made the road more narrow. She stated that it is not safe now and additional traffic will only worsen matters. She felt that the developers are continuing to try to find solutions for what was a bad investment, and she questioned the value of the homes. She stated that she has heard that the lots are being marketed at $79,000 each and none of the existing four lots have been sold. Ms. Orfei stated that she felt that removing the existing home and developing the property as a five twin home PUD, as Mr. Mathern had proposed in the past, would be better for the neighborhood. She further stated that increasing the traffic on the frontage now before anything is done to address the current safety hazards is a major concern for her. Ayes: 5 Nays: 0 Page No. 21 April 2, 1996 Mayor Mertensotto stated that he is concerned that the northwest and southwest lots are not high enough off the level of the cul -de- sac. Mr. Mathern responded that the two front yard setback variances could be abandoned by reducing the sizes of the house pads and moving them back to the setback line. Councilmember Krebsbach stated that she would like to see single family development on the site and would like to see where an accommodation can be made, perhaps six or seven lots rather than eight. She expressed concern that the homes not look like townhomes, all having the same design, and stated that she would like to retain the evergreen border along the frontage road. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that any widening of the road would have to be to the north, as the bank on the highway is very steep. Councilmember Huber felt that eight lots are too many lots, and stated that people have expressed that they would prefer six lots. Councilmember Smith cautioned Mr. Mathern to pay attention to the Planning Commission comments about creating strange- shaped parcels to accomplish 15,000 square foot lots. Mr. Tim O'Gara stated that the proposals for developing the property seem to have been going on forever. He stated that when Council approved a four lot subdivision of the property for Mr. Tuminelly, he understood that would be the end, but then there was a proposal for townhouses and now for an eight lot subdivision. He pointed out that the existing home is smaller than all of the all of the house pads that are proposed. Councilmember Koch moved to grant a continuance up to 120 days from the time of the planning application to allow the developers to come back with a proposal with no variances and where all lots meet the minimum requirement, including the required frontage at the setback line. Councilmember Krebsbach seconded the motion. Councilmember. Smith stated that she wants to ensure that the road going back to the development area would be sufficient and safe for the flow of traffic. She asked staff to see what the options are and to determine if what has been proposed is sufficient. Page No. 22 April 2, 1996 FIRE TRUCK BIDS Council acknowledged a memo from the City Clerk regarding bids received for a new fire truck. Mayor Mertensotto directed that the specifications be referred back to the Fire Department for review and modification so that more than one bid is received on the re- bidding process. Councilmember Smith moved to reject all bids as recommended, and to refer the specifications back to the Fire Department. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 TURNER'S GYMNASTICS Council acknowledged a memo from Treasurer Shaughnessy regarding the request from Turner's Gymnastics for Industrial Revenue Bonds. Mayor Mertensotto stated that unless the bank is willing to foreclose, he would not want to issue bonds even if the bank indemnifies the city. He pointed out that the city does not want to get ownership of the land. Treasurer Shaughnessy responded that representatives of Turner's are not present tonight, as the request before Council this evening is to schedule a public hearing. He recommended that Council set the hearing for May 7 and discuss concerns at the hearing. Councilmember Krebsbach moved adoption of Resolution No. 96- 17, "RESOLUTION RELATING TO A REVENUE NOTE FINANCING FOR TWIN CITIES TURNERS GYMNASTICS CENTER," calling for a hearing on May 7. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 GIS Council acknowledged a memo from Administrative Intern Hollister regarding participation in Phase II of the Dakota County GIS (aerial photography agreement amendment). Mr. Gary Stevenson, Dakota County Surveyor, and County Commissioner Patrice Bataglia were present for the discussion. Mr. Stevenson informed Council that the aerial photography cost sharing agreement has been in existence since 1991 and it is proposed that the agreement be updated. He explained that the first agreement was for one -time cost sharing, and the amendment is Page No. 23 April 2, 1996 basically a continuation of the agreement. He informed Council that other ten cities have already executed the amendment. Councilmember Krebsbach stated that she has opposed GIS because she does not think it protects data. She was concerned about who has access to the information and who it is sold to, and stated that the information can be easily integrated with other data that is available. Mr. Stevenson responded that GIS is strictly the physical data base, and any of the information which is currently in the data base is public data and access cannot be restricted. He explained that there is a license agreement that limits what can be done with the data. Councilmember Huber moved to authorize payment of the $5,000 NSP grant for GIS to Dakota County Economic Development Partnership for participation in Phase II and payment of $3,340.55 from the Mendota Heights account in the Dakota County GIS Enterprise Fund for updating the GIS data base. Councilmember Koch seconded the motion. Ayes: 4 Nays: 1 Krebsbach MIDWEST GAME FEST Council acknowledged a memo from the Administrative Intern regarding a request from Jim and Kim Tousignant (Pintail Productions) for authorization to conduct a "Midwest GameFest" from August 2 to4 on land held by Victor Properties east of I -35E, between Mendota Heights Road and I -494. Mr. & Mrs. Tousignant were present for the discussion. Mr. Tousignant informed Council that there are several game fests held throughout the country, and they are held in Alexandria, Anoka and Spicer in Minnesota. He stated that he anticipates that anywhere from 5,000 to 7,000 would attend the event over the three days, but that he does not think there would be a traffic problem. Mayor Mertensotto pointed out that when St. Thomas has a large event, with perhaps 2,000 people attending, there are many traffic jams. Mr. Tousignant stated that there is parking for about 1,900 vehicles on site, and he has talked to representatives at Visitation and St. Thomas about using their property for overflow parking. He stated that safety and traffic flow are foremost concerns to him. Responding to a question from Mayor Mertensotto, he stated that the event will go on, rain or shine. With respect to city concerns over Page No. 24 April 2, 1996 guns and alcohol, he stated that it is not a gun show or gun shop, and there will be many controls. He also stated that 3.2 beer is not necessary. Further discussion on the request was tabled indefinitely. LIVABLE COMMUNITIES Council acknowledged a memo from Interim Administrator Batchelder regarding review of a proposed Livable Communities Act action plan. Discussion was tabled to April 16. CELL TOWERS Council acknowledged a memo from Administrative Intern Hollister regarding a model lease agreement and Zoning Ordinance changes with respect to cellular towers. Discussion was tabled to April 16. PLANNER INTERVIEWS Council acknowledged and briefly discussed a memo from Interim Administrator Batchelder regarding conducting a workshop for consideration of request for proposals for planning services. Councilmember Koch moved to conduct an adjourned meeting at 7:30 on April 30 to consider planning proposals. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no fin Cher business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 12:54 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor kathleen M. Swanson, City Clerk