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1999-02-23 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 23, 1999 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 23, 1999, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:35 p.m. The following Commissioners were present: Duggan, Koll, Friel, Tilsen, Betlej, and Kleinglass. Commissioner Lorberbaum was excused from the meeting. Also present were Meg McMonigal of MFRA, Public Works Director Jim Danielson, and Administrative Assistant Patrick C. Hollister. Mr. Hollister took the minutes. ELECTIONS Chair Duggan announced that the offices of Chair and Vice -Chair for the Planning Commission were up for re- election and opened the nomination process for the position of Chair. Commissioner Friel nominated Chair Duggan for re- election to the position of Chair. Commissioner Koll seconded the nomination. Chair Duggan accepted the nomination. Commissioner Friel moved to close the nomination process for the position of Chair. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Chair Duggan then called for a vote on his candidacy for the position of Chair AYES: 6 NAYS: 0 Chair Duggan then declared the nomination process open for the position of Vice -Chair Commissioner Betlej nominated Commissioner Lorberbaum for the position of Vice - Chair. 1 Chair Duggan seconded the nomination and accepted the nomination or her behalf, stating that Commissioner Lorberbaum had already informed him the she would accept a nomination for this position. Chair Duggan called for a vote on this candidate. AYES: 6 NAYS: 0 MINUTES Commissioner Friel moved to approve the January 26, 1999 minutes with corrections. Chair Duggan seconded the motion. AYES: 6 NAYS: 0 DEPARTURE OF SENIOR SECRETARY KIM BLAESER Mr. Hollister announced that Senior Secretary Kim Blaeser would be leaving the employ of the City of Mendota Heights after March 3, 1999, because she had accepted a job offer from the City of Woodbury. Chair Duggan asked Staff to thank Ms. Blaeser for her many years of dedicated service and to say that the Planning Commission will miss her and wishes her good luck in the future. PLANNING CASE #99 -05 HOFFMAN HOMES, INC. COMPREHENSIVE PLAN AMENDMENT, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, SUBDIVISION, AND WETLANDS PERMIT Chair Duggan noted that representatives of Hoffman Homes were in the audience and asked someone to speak on their behalf. Mr. Peter Coyle introduced himself as an attorney with Larkin- Hoffman who is representing Hoffman Homes. Mr. Coyle congratulated Chair Duggan and Vice -Chair Lorberbaum on their re- elections to their respective positions. Mr. Coyle said that he would provide a brief presentation and then invite questions from the Planning Commission or residents in attendance. Mr. Coyle introduced Mr. Pat Hoffman of Hoffman Homes and said that Hoffman Homes had worked closely with City Staff in putting together this application. Mr. Coyle also introduced Dwight Jelle of West Engineering and Dean Devolis, architect for the project. 2 Mr. Coyle displayed a site plan for the project on the overhead projector. Mr. Coyle said that the development would be called Augusta Shores and would be a 46 -unit single - family owner- occupied development. Mr. Coyle said that the site had 44.7 gross acres, only 27.1 acres of which were usable. Mr. Coyle said that Hoffman Homes had been advised by Staff to seek a Comprehensive Plan amendment, a Conditional Use Permit for a Planned Unit Development, a Preliminary Plat, and a Wetlands Permit. Mr. Coyle said that this plan is scaled down from the original Concept Plan for the site which Hoffman Homes presented to both the Planning Commission and the City Council about two years ago. Mr. Coyle said that the previous plan occupied more land and had a mix of housing types. Mr. Coyle said that this new version only used the north end of the original site, and only featured townhomes. Mr. Coyle said that Hoffman Homes had good reason to believe that the market was strong for this type of housing in the area. Mr. Coyle said that the development would feature 46 single - family townhomes. Mr. Coyle said that the townhomes would be walk -out ramblers and would attract empty nesters. Mr. Coyle said that the units would be priced in the vicinity of $300,000 apiece. Mr. Coyle said that the units would conform to strict architectural standards, and that there would be an active homeowners association in place once the units began to sell. Mr. Coyle displayed an elevation of a typical unit on the overhead projector. Mr. Coyle said that the front of each unit would feature brick and stucco, and that the end units feature brick wrapped around and the remaining unbricked units would be all stucco. Mr. Coyle said that some units would feature a side - loading garage, a four- season porch and a steep roof. Mr. Coyle added that all units would receive a high level of noise buffering against the airplane noise. Mr. Coyle said that each unit would have from 1900 to 2000 square feet of space on the main floor and would have from 3000 to 3500 square feet of space overall. Mr. Coyle said that all units would have vaulted ceilings, gas, and air conditioning. Mr. Coyle said that Hoffman Homes had met with the Metropolitan Council for the last 12 -18 months to discuss air noise contour issues, and that Hoffman Homes was now ready to come to the Planning Commission to discuss the planning issues with this development. Mr. Coyle said that Hoffman Homes had spoken with an air noise consultant, Mr. Braslau, and that this home development will meet or exceed current noise buffering standards. Mr. Coyle said that Hoffman Homes wanted to build the best housing project possible. Mr. Coyle said that the site is quite lovely, with several stands of beautiful trees. Mr. Coyle said that Hoffman Homes wished to preserve the existing natural amenities of the site. Mr. Coyle said that there would be a conservation easement to prevent disturbance of natural vegetation along the lake. Mr. Coyle said that there would have to be some site grading, but that Hoffman Homes regarded the existing trees as site amenities, and that they would cut down as few trees as possible. Mr. Coyle said that Hoffman Homes would not need any variances for this proposal, but would need the usual permits for grading. 3 Mr. Coyle said that the design included a single point of traffic access on the west side of the development. Mr. Coyle said that Hoffman Homes believes that this location would be attractive to homebuyers because of its convenient access to the airport and to both downtowns. Mr. Coyle said that the development would feature two public cul -de -sacs and that most units would have their own view of Lake Augusta. Mr. Coyle said that he would then like to address several points brought up by Ms. McMonigal's Planner Report. Mr. Coyle said that the main entry way will need some excavation to bring it to the proper road grade. Mr. Coyle said that some major filling would be required to make the grade. Chair Duggan said that the City engineering standards dictate a slope of no more that seven or eight percent and that any steeper grade may pose a problem for safety equipment. Commissioner Tilsen asked what the grade was at the first entrance road. Mr. Jelle said that he was faced with a similar situation in a project that he worked on ten years ago. Mr. Jelle said that the access of Highway 13 would have a 2% landing, would go down at 8 %, and then up at 8 %. Mr. Jelle said that an 8% grade would be aggressive but manageable. Commissioner Tilsen said that he thought that an 8% grade might be too steep. Mr. Jelle said that the access point would then divide into a T intersection. Commissioner Tilsen said that he was concerned that someone could slide past the intersection attempting to make a left turn. Chair Duggan said that the City may wish to erect a stop sign at the T intersection. Mr. Jelle said that a stop sign could be added, but that the traffic was very low. Commissioner Tilsen said that it was hard to read from the plans submitted by the applicant where intersections fall. Commissioner Tilsen said that the plan should show what the grades are at the intersections. Mr. Coyle said that the single access point in its current location was the result of discussions with MnDOT, and that the proposed configuration was what MnDOT wanted. Mr. Coyle then continued his presentation. Mr. Coyle said that the Planner had called for a more detailed tree survey, but that all tree data has been part of the submittal. 4 Chair Duggan asked if any of the removed trees could be donated to the City. Mr. Coyle said that Hoffman Homes would be happy to cooperate with the City on that matter. Chair Duggan asked Mr. Danielson if it would be possible to move any of the trees to a new location without killing them. Mr. Danielson said that the City had achieved that before. Mr. Coyle said that Hoffman Homes would most likely be submitting a separate application in the future to build a scenic open -air gazebo on "Outlot B ". Chair Duggan asked who would maintain the gazebo. Mr. Coyle said that the homeowners association would be responsible to maintain the gazebo. Mr. Coyle added that Hoffman Homes also planned to install trail segments on each end of the development to connect in the future to the City trail system. Mr. Coyle said that the trails should be installed before any of the units are sold, so that buyers are fully aware of the trails from the beginning. Chair Duggan asked who would maintain the trails. Mr. Coyle said that Hoffman Homes had not determined that yet. Commissioner Tilsen asked Mr. Coyle to show him the trails on the site plan. Mr. Coyle showed the Commission the trails on the site plan. Mr. Hoffman said that the trail configuration was designed to pull the bicycle and pedestrian traffic through the low- traffic streets. Mr. Hoffman said that he would like to build the trail segments before any homeowners move in, and that an easement would work the best. Mr. Coyle mentioned that Hoffman Homes would put in place a Conservation Easement around Lake Augusta to prevent cutting or mowing along the lake. Chair Duggan asked what the enforcement mechanism for this easement would be for the City. Mr. Coyle suggested that an easement could be filed against the property in favor of the City. Commissioner Friel asked Mr. Coyle to clarify whether he was talking about an easement or a covenant. 5 Mr. Coyle said that he was talking about an easement, with the potential to revoke the Conditional Use Permit if the easement was violated. Mr. Hoffman said that he had recently built a similar lake -side project in the City of Bloomington and that the conservation easement in that case was part of a separate agreement with the City. Commissioner Tilsen suggested that rather than the lots for the homes along Lake Augusta extending all the way in to Lake Augusta, the developer may wish to plat the lots 5 or 10 feet around each dwelling unit as is often done in townhome developments. Commissioner Tilsen said that this may provide an additional psychological barrier to disturbing the scenic easement around the lake, since homeowners would not individually "own" a piece of the slope down to the lake. Mr. Hoffman said that Hoffman Homes had done townhome projects both ways, and that they did not have a strong preference either way, because the results seem to be about the same. Mr. Hoffman said that in either scenario homeowners would be limited in any improvements and that the results would be identical. Commissioner Tilsen said that he still thought the psychology of not owning land beyond one's own unit would help reduce vegetation cutting. Commissioner Tilsen said that it would be better to limit the lots to the units. Mr. Hoffman said that the proposed townhomes are not entry -level townhomes, and that each homebuyer will have a document in hand stating the rules of the conservation easement. Mr. Hoffman said that in his experience the residents themselves are the best protectors of conservation easements. Commissioner Tilsen said that that may initially be true, but after 20 or 30 years of turnover among owners, his approach may prove to be the better one. Mr. Hoffman said that he could accommodate the City either way on the configuration of the lots. Mr. Coyle continued that Page 3 of the Planner report notes that grading requires permits, and that Hoffman Homes will get the appropriate permits. Chair Duggan pointed out a discrepancy in the high -water level of Lake Augusta on two different documents submitted by the applicant. Mr. Devolis said that in measuring high water marks, different people use different reference points, but that this discrepancy would be rectified for the City Council. 6 Mr. Coyle said that this development required a Comprehensive Plan change from Cemetery to R -1, but that the current zoning supports the use. Mr. Coyle said that the development also requires a preliminary plat approval. Mr. Coyle said that the overall density of the development was 1.99 units /acre. Mr. Coyle added that the net usable land was 27.1 acres. Mr. Coyle said that the development requires a park dedication of 7.7 acres of open space. Commissioner Duggan asked where on the site the 7.7 acres were. Mr. Coyle said that the developer is proposing a contribution in the form of the trail improvements and cash in lieu of land, as provided for in the park dedication process with the City. Mr. Coyle said that concluded his presentation and asked if the Planning Commission had any questions. Commissioner Tilsen said that two years ago when Hoffman Homes first presented their concept plan, he had asked the applicant to provide an archeological study of the site. Commissioner Tilsen said that he had not seen any materials from the applicant on that issue. Mr. Coyle said that he remembered Commissioner Tilsen's request, and that Hoffman Homes would provide the City with a historical survey of the site. Commissioner Tilsen said that the provision of this historical survey should be part of the CUP approval. Mr. Coyle said that would be an acceptable condition. Commissioner Tilsen said that he had walked the site, and that he felt that a natural alignment would be preferable for the trail than the proposed alignment along the street. Commissioner Tilsen asked whether or not a more natural alignment would be feasible. Mr. Hoffman said that that was a good question, and that he had recently developed a townhome development in Eden Prairie that featured a woodchip trail. Mr. Hoffman said that that approach would not be feasible in this development because of the trees and the grades. Mr. Hoffman said that he was planning to build homes right on the edge, and that a review of the tree line situation and the ridge situation would demonstrate that a more natural alignment for the trail would not be feasible. Commissioner Tilsen said that he agreed about the prospect of putting the trail closer to the lake, but that perhaps the trail could go through Outlot A and Outlot C. Commissioner Tilsen said that it would be a good idea for the applicant to go to the Parks and Recreation Commission before proceeding to the City Council. Commissioner Stan Linnell of the Parks and Recreation Commission said that the Parks Commission meets on the second Tuesday of every month, and that he would also 7 appreciate it if the applicants would meet with the Parks and Recreation Commission before proceeding to the Council. Commissioner Tilsen asked if the ponding provided by the applicant conformed to NURP standards. Mr. Jelle said that it did. Commissioner Tilsen said that the ponds provided might enjoy a higher water quality if they were connected with each other in a chain and asked what the developer's thoughts were on this. Mr. Jelle said that Hoffman Homes wanted to leave the existing natural ponds in their natural state. Mr. Jelle said that it was a difficult balance, but that the drainage was designed so that all the water would drain to a central point and then to Lemay Lake. Commissioner Tilsen said that direct runoff into the existing pond first may add water quality into Lemay Lake. Commissioner Tilsen asked the engineering consultant to look into his idea and see if it had any merit. Commissioner Tilsen said that the architectural materials proposed by the applicant, brick and stucco, were high cost materials and asked if the applicant had any color samples. Mr. Devolis said that they had not brought any material samples with them, but that the primary components for the exterior would be true brick and stucco. Mr. Devolis said that the development will be "earth tone" in hue, and that the brick would be brown and the stucco would be beige. Mr. Devolis said that an additional advantage to the exterior materials that they had selected would be that the materials make good sound insulators for air noise. Commissioner Betlej said that rather than have brick only on the front of the units and stucco only on the other three sides, it would be better to wrap the brick around the other sides. Mr. Devolis said that the brick does wrap around and clarified the elevations provided to the Commission. Mr. Hoffman said that in addition to a revised entrance design, this new plan featured a limited number of housing units in each street direction. Mr. Hoffman added that many of the units would have side - loaded garages, thus eliminating the view of double garage doors from the street. Mr. Hoffman said that this would provide for more architectural variation. Chair Duggan said that color elevations would be nice for the Council. Commissioner Tilsen agreed with Chair Duggan. 8 Commissioner Betlej asked about the ownership of Outlots A, B, and C. Mr. Hoffman said that by state statute, the ownership of the three outlots would be transferred to the homeowners association upon the first closing of a unit to a buyer. Mr. Hoffman said that the association would have clear title to all three outlots from then on. Commissioner Friel said that the scenario described by Mr. Hoffman is not the only option available under state law. Commissioner Friel said that the problem in Mendota Heights is that often homeowners associations approach the City to try to get it to purchase the outlots in order to relieve the association of paying taxes on the Outlot. Mr. Hoffman said that that would not be possible under his proposed ownership structure, because each homeowner would be 1/46 owner of the outlots. Mr. Hoffman said that this arrangement insures against the possibility of tax forfeiture. Mr. Hoffman said that on the other hand, if the lots were platted as Commissioner Tilsen had suggested, the rest of the property would be one big Outlot. Commissioner Tilsen said that his idea would be a good solution to the problem. Commissioner Friel said that the best way to prevent outlots being deeded to the City via tax forfeiture would be to extend the lot lines on the individual units to cover the entire site, thus eliminating the outlots entirely. Mr. Hoffman said that he would be willing to extend the lot lines in this manner if the City so desired. Commissioner Betlej said that the ordinance prohibits construction on slopes greater than 18 %. Planner McMonigal added that the ordinance also prohibits street grade greater than 8 %. Chair Duggan suggested that the grades be subject to Engineering review as a condition of the Conditional Use Permit. Commissioner Tilsen agreed, saying that he thought that some of the units might be currently drawn on slopes greater than 18 %. Commissioner Friel noted that in his opening statement, the developer had said that that the units would sell "in the range of $300,000 ". Commissioner Friel asked whether that meant $300,000 and up, or $300,000 and down, and how wide a range of prices was really anticipated. Mr. Hoffman said that the first concept was for more units and smaller units, but that now the units were fewer and bigger. Mr. Hoffman said that the previous plan also had fewer 9 standard features on the units than the current plan. Mr. Hoffman said that he was pleasantly surprised with the demand for similar empty - nester units that he had recently built in Eden Prairie, and that units that he had estimated before construction as selling for about $300,000 had ended up selling for $330,000 and up. Mr. Hoffman added that he didn't want to overpromise on the value of the units, but that the mere cost of construction dictated that he would have to sell them for $300,000 on up. Commissioner Tilsen said that the air noise that these homes will be subjected to may not justify that kind of cost. Commissioner Tilsen said that the level of air noise this year was deceptively low due to construction at the airport, but that next year the noise would go up again. Mr. Hoffman said that he anticipated selling the units over a period of three years, starting in the late fall of 1999. Mr. Hoffman said that if there were no airport noise on this site, it is possible that units could have sold for as high as $500,000. Mr. Hoffman reiterated that he had lowered the number of units and increased their price since the previous Concept Plan. Commissioner Tilsen asked if Mr. Hoffman ever pre -sold any units. Mr. Hoffman said that it is not an uncommon practice, but that he had not done so for his recent project in Eden Prairie. Commissioner Tilsen said that potential buyers should be notified about the air noise. Mr. Hoffman said that before anyone bought a unit Hoffman Homes would fully disclose the air noise situation to each potential buyer. Mr. Hoffman said that he is the son of one of the partners of the Larkin Hoffman law firm, and that they are fully aware of all disclosure requirements. Commissioner Friel said that the reason for a PUD is to maintain the overall density of the R -1 district. Chair Duggan asked how the density for the project was calculated. Mr. Coyle said that it was calculated by dividing the number of units by the total land area., and that this came out to 46 units /27.1 acres, or 1.99 units /acre. Planner McMonigal asked if the applicant included Lake Augusta in the land area total. Mr. Hoffman said no, that he only used net usable land. Commissioner Tilsen said that it is also prohibited to use 18% slope land in the density calculation. Commissioner Tilsen asked if the applicant had taken out the 18% slope land. 10 Mr. Coyle said that he would verify this with Staff. Commissioner Friel asked whether the streets would be public or private. Mr. Coyle said that Hoffman Homes' original preference was for private streets, but that City Staff had told them that the City preferred public streets, and thus Hoffman Homes had agreed to make the streets public. Commissioner Friel said that even if the streets were private, the City would eventually inherit them anyway, because residents complain that they are not being plowed. Commissioner Friel asked for clarification of the noise zone issue. Mr. Coyle said that most of the units are in the City's noise zone 4 and that a few of them are in the City's noise zone 3. Mr. Coyle said that Hoffman Homes had talked to the Metropolitan Council's air noise consultant, Mr. Braslau on this issue, and that they seem to have convinced the Met Council that they can adequately insulate these units from air noise to satisfy the Met Council. Commissioner Friel said that the air noise regulations only permit multi - family dwellings in Noise Zone 3, and that they were based on the premise that the occupants of multi- family dwellings don't go outside. Mr. Friel said that this premise made little sense, and could result in more people being placed under the airplanes. Mr. Hoffman said that most of the units are in Noise Zone 4, but that some of the units are in Noise Zone 3. Mr. Hoffman said that townhomes are fine for Noise Zone 4, but that the Metropolitan Council had changed the rules for Noise Zone 3. Mr. Hoffman said that the new rules would only allow an apartment building in Noise Zone 3 with a shared entrance. Mr. Hoffman said that this makes little sense because by the Met Council's own projections the noise contours are expected to shrink in the future. Mr. Hoffman said that his original concept plan showed single - family homes two years ago, but that the Council said that they were more interested in empty nester quality townhomes. Mr. Hoffman said that there was a great market for empty- nester townhomes in Mendota Heights, and that it is true that the occupants of these homes would not use the outside as much as the occupants of detached single - family homes. Mr. Hoffman said that he believes they are moving the Met Council toward looking more at design standards rather than product standards, to determine what type of housing should go under the airplanes. Mr. Hoffman said that he is confident that he will prevail with them in this regard. Commissioner Friel said that the units in Noise Zone 3 won't meet the requirements of the City's own noise ordinance. Commissioner Friel said that the City had contemplated repealing its own noise ordinance, since it is the only City in the region that ever adopted it. Commissioner Friel said that the fact that no -one else has this ordinance in effect is a good indicator that perhaps Mendota Heights should not have it either. Commissioner 11 Friel asked if sealing the house for air noise created other problems in terms of air circulation. Mr. Hoffman said that home building has gradually evolved into "Type I" construction with fresh air exchangers. Commissioner Duggan said that gas fireplaces suck up air. Commissioner Friel said that any dealing with the State Archaeologist could really drag a development down. Mr. Hoffman said that he had to deal with similar historical /archeological issues in Bloomington and that he had experience with these issues. Commissioner Friel said that the conservation easement would hopefully be filed on the deed to the unit of each property owner's parcel in favor of the City. Mr. Hoffman said that that it exactly how it works. Mr. Hoffman aid that the rules of the easement are often summed up by the phrase "no cut, no mow ". Mr. Hoffman said that the City could sign the conservation easement document if it wanted to, but that he was confident that the homeowners would vigilantly police against any cutting activity in the conservation easement. Commissioner Friel said that the City should sign the conservation easement document. Commissioner Koll asked the applicant to clarify the difference between product type requirements and structural design requirements. Mr. Coyle said that Hoffman Homes will focus on mitigating air noise through buffering materials technology rather that changing the housing design to a multi - family product with shared entrances. Commissioner Koll said that this plan was far superior to the plan shown to the Planning Commission two years ago. Commissioner Koll asked how much traffic would be coming in and out of the development on a daily basis. Commissioner Koll also asked why the applicant needed a wetlands permit and what the purpose of the retaining walls were. Mr. Coyle said that since the townhomes were aimed at empty nesters, the development would be on the lower end of the traffic scale. Mr. Coyle said that this was not a product that families with kids buy, and thus he did not anticipate much in the way of "soccer mom traffic ". Commissioner Duggan said that between six and ten trips per day per unit would add up to a total of 440 trips per day. 12 Mr. Coyle said that the development would be at the low end of that traffic range. Mr. Duggan said that the traffic might be higher because all of the units have 2 car garages. Mr. Jelle said that the wetlands permit was necessary because of three small areas of fill in wetland buffer areas. Mr. Jelle added that the retaining wall would be along the lake. Commissioner Koll asked about the other retaining wall. Mr. Jelle said that the other retaining wall was for tree saving purposes only. Mr. Jelle said that with the modular block -type retaining wall proposed, they would be able to save 16 -17 trees in that area. Chair Duggan said that any retaining wall should match the homes in materials. Chair Duggan said that he wanted to maintain the natural drainage of the area to the extent possible. Chair Duggan sad that there was an excavation limit on 100 yards and that he wasn't sure if 100 yards would be moved. Mr. Jelle said that there would only be fill. Chair Duggan said that there should be more engineering data regarding the magnitude of the impact on the wetlands. Chair Duggan said that the data is minimal. Chair Duggan added that there is a rule against removing more that 50% of "crown cover" of trees. Mr. Jelle said that only 13 -15% of significant trees would be removed. Chair Duggan said that the applicant's own submission recommended supervision by engineers in relation to road construction. Mr. Jelle said that Braun Intertech would inspect the individual lots. Mr. Jelle added that Hoffman Homes has yet to draw up the final utilities plans. Chair Duggan noted that the applicant's materials mentioned that the homes will have perimeter drain tiles. Chair Duggan asked if this meant internal or external. Mr. Jelle said that it meant both. Chair Duggan said that this was a good choice. Chair Duggan announced that this was a public hearing, and asked if anyone in the audience wished to speak about this application. Mr. Larson of Larson Greenhouse said that from Highway 13 to the ravine there was a 50' drop -off. Mr. Larson said that years ago he had to put up a $500,000 bond to the City 13 for grading work on his property, and asked if that was still required. Mr. Larson said that the whole area is flooded when the lake expands, and asked how the developer will make the water flow south. Chair Duggan said that the City now normally requires two bonds. Mr. Danielson said that for many years Lake Lemay did not have level control, but that level control was installed 3 or 4 years ago. Mr. Larson asked why the entry way into the project was to the west. Mr. Larson said that the development should be entered from the north to prevent traffic accidents. Mr. Larson said that when the roads get icy, cars will have to be pushed up the hill to get out of the project. Mr. Larson asked how much of the ridge would have to be excavated to reach 8% slope. Chair Duggan said that Hoffman will work closely with the City, and that Hoffman has talked to MnDOT about the entrances, and that this plan represents what MnDOT wants. Chair Duggan said that Hoffman Homes is up to the challenge posed by the slopes. Mr. Larson said that it would be better to access the development from the service road to the north. Commissioner Tilsen said that common sense dictated that Mr. Larson was right on this point, but that unfortunately that did not seem to be an option. Mr. Larson said that the ridge had beautiful trees and that they all would have to come down. Chair Duggan said that only 13% of significant trees would be cut down, and that 87% of trees would be left. Chair Duggan said that out of about 115 trees, including 50 oaks, 19 oaks would have to be cut down. Chair Duggan said that at least trees can be replanted, even though no -one present would live to see them reach maturity. Mr. Larson said that the trees would not grow back again because the soil is too sandy. Mr. Larson said that it was too bad that the City could not buy this land for a park and that the site would not be attractive when the development is finished. Chair Duggan said that Mr. Larson may wish to offer his services to Hoffman Homes to help restore some of the vegetation. Mr. Larson asked if there was a 100' NSP easement on the south end. Chair Duggan said that City Staff would review any implications of that easement. 14 Mr. Larson said that when he is talking to one of his customers outside and a plane flies overhead, they have to stop talking and resume the conversation when the plane is gone. Mr. Larson said that his children found many fossils in the ravine area. Mr. Larson said that the ravine drains to the river and that it would not be good for the road to go across the ravine. Mr. Jelle said that there would be a culvert under the road. Mr. Larson said that this development would have a devastating impact on the ravine. Chair Duggan said that Staff will be reviewing all drainage concerns. Mr. Larson said that the entrance should be on the north side and that this change would save the whole ravine. Chair Duggan recommended that Mr. Larson take his concerns to the City Council, and that the Council would be careful about these issues. Chair Duggan added that the City engineers would work closely with MnDOT engineers. Commissioner Stan Linnell, Parks and Recreation Commission, said that this plan was a big improvement over the previous plan shown to the Planning Commission and the Council. Commissioner Linnell said that his first preference would be that the City acquired this land for open space because of the steep grades. Commissioner Linnell said that the drop -off would be right outside the back door of each unit, and that it would be better for people to have more of a rear yard. Commissioner Linnell said that the trail connections were a good idea, and that it would be good to build the trails at the beginning. Commissioner Linnell asked if it would be possible for Hoffman Homes to provide public access to Lake Augusta as part of the park dedication. Commissioner Linnell said that the most logical access would be at the north end. Commissioner Linnell said that it also would be good to have the trail along the lake shore, although he conceded that the slopes and underbrush made this impossible. Commissioner Linnell said that lake access would be a good amenity for the community and that it would be nice to have a canoe launch. Commissioner Linnell said that he had canoed on Lake Augusta in the past. Commissioner Linnell said that its a good spot to canoe if one has earplugs. Commissioner Linnell said that he did not like the prospect of seeing the 12' retaining wall. Chair Duggan asked if it would be possible to screen the retaining wall. Mr. Hoffman said that the retaining wall will not be visible due to the existing vegetation. Commissioner Friel asked Commissioner Linnell if he liked the idea of the outlots being dedicated to the City. 15 Commissioner Linnell said that he only liked that idea if the outlots were usable by the general public. Commissioner Linnell said that the City already has enough trouble maintaining small wild areas and that the City is not interested in tot -lots. Chair Duggan said that although tot lots were popular in the 70s and 80s, they are now out of favor anyway. Commissioner Linnell said that the acquisition of open space is a high priority for he Parks and Recreation Commission. Commissioner Linnell said that regarding the conservation easement, it would be better to write in a provision allowing for the judicious thinning out of vegetation to remove exotic species. Commissioner Linnell said that otherwise there may grow too much Buckthorn which is neither native to nor healthy for the area. Commissioner Linnell said that selective vegetation management should be permitted by a designated qualified professional. Chair Duggan said that Commissioner Linnell had a good point. Chair Duggan asked for a motion to close the public hearing. Commissioner Friel moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to recommend approval of this application to the City Council, including the Comprehensive Plan Amendment, the Preliminary Plat, the Conditional Use Permit for a Planned Unit Development, and the Wetlands Permit, based on the following conditions: 1. That a conservation easement be created along Lake Augusta in favor of the City 2. That the individual lot lines for each unit be extended to eliminate all outlots and include the conservation easement in number 1 above 3. That the development meet the City's impervious surface requirements 4. That the developer provide the City with the results of an archeological survey by a qualified professional. 5. that the landscape, grading, and drainage be reviewed and approved by City Staff 6. that all streets be dedicated public streets 7. the preliminary plat meet recommendations 4, 5, 6, and 7 in the planner's report 8. that the wetlands permit be reviewed by Staff 9. That the planned unit development be subject to conditions 4,5, and 6 in the planner's report. 10. that conditions 1,2,3 of the planner's report apply to the reduced setbacks and reduced minimum lot size. 16 Chair Duggan offered the following friendly amendments to Commissioner Friel's motion 1 that a stop sign and flattening of the grades be considered for traffic safety at the "T" intersection 2. that public access be provided at the northwest corner of Lake Augusta 3. that the several driveways that cross property lines have cross easements Commissioner Friel accepted Chair Duggan's friendly amendments. Commissioner Friel advised Mr. Larson and Commissioner Linnell to attend the Council meeting at which this application will be discussed. Commissioner Tilsen said that the application would go to the Parks Commission first, and then to the Council's second meeting in March. Commissioner Friel said that that was the Planning Commission's intent, although it was not part of the formal motion. Chair Duggan told Hoffman Homes to appear before the Planning Commission on March 9 and then go to the City Council on March 16. AYES: 6 NAYS: 0 RECESS Chair Duggan declared a 5 minute recess from 9:40 p.m. to 9:45 p.m. PLANNING CASE #99-06 MOEN LEUER REZONING, VARIANCE TO PLANNED UNIT DEVELOPMENT SIZE, AND CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT Chair Duggan said that the next application was for an office building across Mendota Heights Road from the Patterson Dental building, and on the northeast corner of 494 and 35E. Chair Duggan said that some of his initial concerns were lot size, parking setbacks, signage, trash containers, and mechanical units. Mr. Jim Resop of Resop Realty introduced himself and said that he represents the sellers of this property, the Beusing family of Granite Falls. Mr. Resop said that the family is enthusiastically behind the developer's effort. Mr. Resop said that he and Mr. Leuer had worked with Staff to design this application. Mr. Resop said that Moen Leuer is applying for a change in zoning from B-1A to B-1. Mr. Resop said that up until last year the owners had considered this site for a hotel, perhaps in conjunction with the Tousignant 17 site to the west, but that that option was removed last year by ordinance amendment. Mr. Resop said that he learned from the Council that a true office building is the real desire of the City for this parcel, and that he was trying to comply with the City's wishes. Mr. Resop said that as for the small size of the parcel, there was nothing that he could do about that. Mr. Resop asked if the Planning Commission had any questions about this application. Chair Duggan asked if this proposal confoliiis to the zoning ordinance in all respects. Chair Duggan asked Mr. Resop to give a brief overview of the site. Mr. Resop showed the site plan on the overhead projector. Mr. Resop said that Saint Thomas had bought the Tousignant site to the east, and that he was sensitive to the "gateway" aspect of this site. Mr. Resop said that Moen -Leuer wished to construct a nice building. Mr. Resop said that the building would be a two -story office building with 35,000 square feet of office space. Mr. Resop said that this would be a true office building, with no warehouse component. Mr. Resop said that the owners are excited that this is a use that could work in Mendota Heights. Mr. Resop showed an elevation of the building on the overhead projector. Chair Duggan asked the Commissioners if they had any questions. Commissioner Koll said that she had major problems with this development. Commissioner Koll said that this development has more than 50% non - compliance with the minimum PUD size, and that asking for a variance to that lot size requirement was in effect asking for a variance to a variance. Commissioner Koll said that the 30% greenspace requirement was not met by the application. Commissioner Koll said that the parking is too narrow and does not meet the minimum setback requirements. Commissioner Koll said that she did not like the retaining walls, and that she was concerned about increased traffic. Mr. Resop said that he was not aware of any retaining walls. Mr. Resop said that he could not do anything about the size of the lot. Mr. Resop said that if there were any minor defects in the site plan he could correct them. Chair Duggan asked for a clarification of what the size of the lot was. Mr. Resop said that the lot was 2.418 acres. Mr. Resop said that the lot size listed on the plat was incorrect. Chair Duggan asked Mr. Resop why he was applying for a PUD, even though the parcel is not big enough to qualify for a PUD. Mr. Hollister explained that the underlying Comprehensive Plan Designation was LB- PUD, which requires a PUD, and thus Staff had instructed the applicant to apply for a 18 PUD even though the parcel is too small for a PUD. Mr. Hollister said that naturally Staff would defer to Planning Commission or Council opinion on this matter. Commissioner Friel said that a PUD is allowed on a parcel of 10 acres or more or on a parcel between 5 and 10 acres with a variance. Commissioner Friel said that there is no authorization for a PUD on a parcel less than 5 acres, and that a variance in this case still does not qualify the parcel for a PUD. Commissioner Friel said that a PUD is a method to get a variance, and that there was no such thing as a variance to a variance. Commissioner Friel said that the appropriate step would be for Moen Leuer to apply for a Comprehensive Plan change and a zoning change, and that perhaps they did not even need a Comprehensive Plan change. Commissioner Friel said that the applicant would have to meet B -1 zoning requirements or receive variances if a hardship is proven. Chair Duggan said that under Section 26.3 of the zoning ordinance it was OK to allow substantial setbacks, but not a variance to the parking requirements. Mr. Resop said that they had already met with Council and that Council had told them that they could proceed with a PUD application and not let the size of the parcel hold up the process. Commissioner Koll asked how many tenants there would be and what the traffic counts would be. Mr. Resop said that he did not know how many tenants he would have, and that the parking was calculated on a square foot basis. Commissioner Friel said that the parking requirement is made based on interior square footage of office space, and until the Planning Commission knew what that was, it could not make a recommendation. Mr. Resop said that he would like to proceed this evening with the assumption of the stated floor area and parking spaces. Commissioner Koll asked about traffic patterns. Mr. Resop said that the ingress and egress of traffic would be from 7:00 a.m. to 7:30 a.m. in the morning and 5:00 p.m. to 5:30 p.m. in the afternoon. Commissioner Koll asked how many tenants the building would have. Mr. Resop said that it could have anywhere from one to five tenants. Chair Duggan said that since the applicant was providing 176 parking spaces, there would be a maximum of 176 cars entering and exiting mornings and evenings. 19 Mr. Resop said that the City's parking ordinance, like most parking ordinances, is written for the worst -case scenario, and that on most days the traffic would be a lot less. Commissioner Friel said that he had no problem with the zoning change and that he did not believe that there was any requirement to change the Comprehensive Plan designation just because the zoning was being changed. Planner Meg McMonigal said that the B -1 zone might be considered consistent with the LB -PUD comp plan designation. Commissioner Friel said that there is no requirement that the City change the Comprehensive Plan when it changes the zoning ordinance. Commissioner Friel asked if the parking setbacks met the B -1 requirements. Chair Duggan said that all parking setbacks had to be 20'. Mr. Resop said that the 20' requirement for side yard parking setbacks is for if there is residential use next door. Mr. Resop said that a residential development could not be built on the Tousignant property. Commissioner Friel said that residential could conceivably be built on the Tousignant property and that in any event it is the zoning of the neighboring parcel that determines the setback, not the use. Mr. Resop said that he wanted to build a development that the City wanted to see on the parcel. Chair Duggan said that the plan submitted does not meet the parking setbacks, and that the applicant may have to scale the building differently. Chair Duggan said that the parking had to be back 20' from Mendota Heights Road. Commissioner Friel said that the loss of the PUD option may change the parking setbacks. Chair Duggan said that the Planning Commission did not have sufficient information in front of it, and that it did not know the new building size. Chair Duggan said that until those things are clarified, the applicant should make sure than the next plan submitted conforms to the ordinance. Mr. Resop asked if the Planning Commission could send Moen Leuer to the Council with the recommendation that office is an acceptable use and that the rezoning would be acceptable, and leave it to the Council to work out the details of whether or not it should be a PUD and whether or not this specific plan conforms to the ordinance. 20 Chair Duggan said that the applicant would have to return to next month's Planning Commission meeting with a revised plan that demonstrates conformance to the 5% parking landscaping requirement and the 30% overall green space requirement. Mr. Resop said that he was only looking for a recommendation from the Planning Commission that office building would be an appropriate use for this site. Commissioner Friel said that an office building is not inconsistent with the City's objective for this site. Commissioner Friel said that the setbacks, parking, and size need to be consistent with the B -1 zone. Commissioner Friel said that the applicant should come back to next month's meeting with an application that complies with the B -1 zone. Chair Duggan said that the applicant also has to heed rules on signage, mechanical units, and trash containers. Commissioner Betlej said that the landscaped area requirement was actually 25 %, not 30 %. Commissioner Tilsen said that the applicant could apply for merely a rezoning. Commissioner Tilsen said that it is a difficult site, and that perhaps the applicant should look at more than two stories, such as 3 or 4 stories, and structured or underground parking. Mr. Resop said that he had considered a 3 or 4 story building, but decided against it. Commissioner Duggan said that he was in favor of rezoning the site from B -1A to B -1, but that the applicant needed to submit a site plan that conforms to the ordinance. Chair Duggan said that the ordinance also requires a 3.5 to 6 foot fence on the east side, with a 50 square foot maximum for the size of the fence. Chair Duggan said that he would table discussion of this application to next month. Chair Duggan told the applicants to make sure that the application conforms to the ordinance, and to decide how many stories they wanted on the building. Chair Duggan said that Planning Commission's job is to make sure that the application meets ordinance requirements. Commissioner Friel said that the Planning Commission likes the idea of an office building on the site, but that the applicant needs to submit a conforming site proposal in order to ask for the B -1 zoning. Mr. Resop asked if it would be possible to go forward to the City Council with at least the rezoning request. Commissioner Friel said that the City does not rezone property in a vacuum, and that the City would not grant the rezoning unless the applicant proposed a building that complied with the ordinance. 21 Chair Duggan tabled discussion of this application until the March Planing Commission meeting. CASE 99 -07: DAKOTA COUNTY HRA CONCEPT PLAN (REZONING, CONDITIONAL USE PERMIT FOR A PUD, VARIANCE FOR A PUD SIZE) Chair Duggan announced the next planning application and asked for a representative to present the application. Ms. Kari Gill of the Dakota County HRA introduced herself and said that she would give a shortened presentation due to the lateness of the hour. Ms. Gill said that the Livable Communities Act of 1995 precipitated Dakota County looking at a cluster program, and that Mendota Heights was now part of a cluster program for affordable housing within Dakota County. Ms. Gill said that rental housing in Dakota County currently has very low vacancy rates and has been declining steadily in all categories since 1990. Ms. Gill added that average rents in Dakota County has also been increasing steadily since 1990. Ms. Gill said that Dakota County has created a Family Housing Partnership Program. Ms. Gill said that this is a public - private partnership, and that the purpose is to leverage private investment. Ms. Gill said that Dakota County's corporate partner in this project is 99% owner, and that the HRA retains 1% of the ownership of each development Ms. Gill showed pictures of the Cedar Valley Townhomes development in Lakeville. Ms. Gill said that rents for the Lakeville development ranged from $450 per month for a two bedroom unit to $550 per month for a three bedroom unit. Ms. Gill then showed a picture of the Oak Ridge townhomes in Eagan, a 42 unit development. Ms. Gill said that rents at Oakridge ranged from $450 for a two bedroom to $550 for a three bedroom. Ms. Gill showed a picture of the Pleasant Ridge development in Hastings and said that the rents were similar. Mr. Kim Bretheim, architect with Paul Madsen and Associates, showed the site plan to the Commission Mr. Bretheim said that every unit would have an attached single garage and that there would also be separate parking pads for a ratio of 2.75 parking spaces per unit. Mr. Bretheim said that although the current plan shows two curb cuts off of Lexington Avenue, the County has said that it prefers only one curb cut, and that they would have to modify the plan slightly. Mr. Bretheim said that the site includes a tot lot and that all units would have patios. Mr. Bretheim said that the units would be 2 -story with slab -on -grade vinyl siding. Mr. Bretheim said that the unit types were consistent with what had been offered to other communities, with a mixture of two bedrooms and one bath, and three bedrooms and one bath. Chair Duggan said that it would be nice if the units varied in elevation and were not all on a level grade. Chair Duggan said that the site drains to a valley and then dips down to Lexington. 22 Commissioner Friel asked if the Livable Communities Act applied to the entire Metro Area. Ms. Gill said yes, it did. Commissioner Friel said that one of the problems with the Livable Communities Act is that it treats each community separately instead of treating the metro area as a whole. Commissioner Friel asked if the occupants of this housing would be dependent on public transportation. Ms. Gill said that the average income of residents is about $24,000, and that the residents generally had cars, and that with the possible exception of the occupants of the ADA units, the residents did not generally need public transportation. Commissioner Friel said that this application represents and increase in density to 7.1 units /acre, and that this was fairly high density. Commissioner Friel said that density in the Metro Area is being increased one parcel at a time, and that the Metro Area was not doing a good job of providing public transportation. Commissioner Friel said that he was concerned abut increasing density. Commissioner Friel asked if the HRA was familiar with the sound attenuation requirements for Noise Zones 3 and 4. Ms. Gill said that they were, and that they had also met with the Metropolitan Council and the MAC about this issue. Commissioner Friel said that the City was beginning to get some flexibility from the Met Council on the air noise issue. Commissioner Friel said that in order to build high density housing, one has to meet district requirements without the PUD or demonstrate a hardship for any variances. Commissioner Friel said that tot lots are not popular because they require too much maintenance. Ms. Gill said that the tot lot is part of the development to provide a play area for the kids, and that the HRA would be responsible for its maintenance, not the City. Commissioner Betlej asked Mr. Bretheim what his experience has been with vinyl siding after 10 years with intense family use. Mr. Bretheim said that he has also used steel siding, but that the color on the siding does fade. Mr. Bretheim said that he avoids long expanses of steel siding on the units which could otherwise lead to maintenance problems. Mr. Bretheim said that all of the garage units include masonry along the base. Mr. Bretheim said that the main concern was to make sure that the mowers don't bump into the sides of the building. Commissioner Betlej said that the senior building that the HRA built in Mendota Heights recently had more masonry and that seniors were unlikely to wear down siding as much as young families. Commissioner Betlej said that he would expect at least as much 23 masonry on the family units as on the senior building. Commissioner Betlej asked how the development would be managed. Ms. Gill said that the HRA would manage the development. Commissioner Betlej asked whether or not there would be a 24 -hour on site caretaker. Ms. Gill said that one of the residents would be appointed "resident caretaker" and that their main task would be to keep the HRA informed of any problems. Commissioner Betlej said that these pocket -type developments are inefficient for management and that the MHFA has had problems with similar arrangements. Ms. Gill said that HRA has these types of development throughout the county and that they do not have cash flow problems. Commissioner Betlej said that his own company has had problems with pocket developments. Chair Duggan asked if any of the units would meet ADA requirements. Ms. Gill said yes, that 5% of the units would. Chair Duggan asked if there were any three story units. MS. Gill said that there were not. Chair Duggan said that on minimum lot size per unit, the development was already 20,000 square feet short. Chair Duggan said that the applicant was cramming a lot of units onto this site, and that the PUD variance amounted to a variance to a variance. Chair Duggan said that the ordinance requires the applicant to use brick and stone materials. Chair Duggan said that although the ordinance does not prohibit vinyl siding, it does prevent aluminum siding, which is similar. Chair Duggan said that he reviewed the PUD ordinance in advance of the application. Chair Duggan said that Mr. Riley, owner of the Lexington Heights apartments, would be unhappy with this application. Chair Duggan said that the ordinance requires 2.5 parking spaces per unit. Chair Duggan said that 26 units is too many. Chair Duggan said that the HRA should use the existing terrain to build the homes up and down on the terrain, and that the units should not all be the same. Commissioner Friel said that the Metropolitan Council should not have different standards for air noise for affordable housing than for other types of housing. 24 Commissioner Kleinglass said that he was concerned that residents of these units would be subjected to both air noise and 35E noise. Commissioner Kleinglass asked how someone would quality for this housing. Ms. Gill said that the household income limit for a family of three would be $33,000 annually. Ms. Gill said that this housing is not "deep subsidy" housing such as Section 8, but is designed for working families. Ms. Gill said that criminal and employment records are checked for each potential resident. Chair Duggan asked what the typical turnaround was for a resident and who pays to clean and paint between residents. Ms. Gill said that most families stay for about two years, and that the management pays to clean and paint between families. Commissioner Tilsen said that it has been well - established that there is a tremendous need for this type of housing. Commissioner Tilsen said that the question was, was this site the right site for this project and was it the right mix of housing. Commissioner Tilsen said that private industry should be the main driving force behind this type of housing and that the HRA should help. Commissioner Tilsen asked how the HRA arrived at this site. Ms. Gill said that the HRA would have liked a larger site, but that they had reviewed potential sites with the City and that there were almost no sites available. Ms. Gill said that this is a good site because it is convenient to both downtowns and is near other rental housing. Commissioner Tilsen asked if this was the best site because of noise issues. Commissioner Tilsen said that a PUD was not appropriate and not possible for this site. Commissioner Tilsen asked about the amount of hard surface and how the developer would handle hard surface runoff. Mr. Bretheim said that the drainage could be between the freeway and the parking, and that he would provide a NURP pond. Commissioner Tilsen said that the applicants had a lot of work ahead of them, since they had to redraw a plan with a single entrance. Commissioner Tilsen asked about the term of the lease. Ms. Gill said that initially the lease is for a teiin of one year, and then after that it can be terminated at any time with two months' notice. Commissioner Tilsen asked whether the lease had language about crime and police calls. Ms. Gill said that the lease had extensive language on that issue. 25 Commissioner Tilsen said that he did not know if this site was the right site for this development. Commissioner Tilsen said that his first problem was the size of the site. Commissioner Tilsen said that this use should be on another site. Commissioner Tilsen asked if the HRA owned the site. M. Gill said that the HRA has an option on the sight, and is currently working on a purchase agreement. Chair Duggan asked how many affordable rental units currently existed in Mendota Heights. Ms. Gill showed a graph of all major Cities in Dakota County showing the amount of affordable rental housing, and pointed out that Mendota Heights has almost none. Chair Duggan said that it would be helpful to see how much affordable housing similar communities had in the metro area. Commissioner Koll asked what the size of the families were, and whether some of them stayed forever. Ms. Gill said that no family stays forever, and that on average they move out after about two years. Ms. Gill said that many residents move into home ownership, and that the HRA had a home ownership program. Ms. Gill said that the maximum income required was $33,000 for a family of three. Ms. Gill said that the average family size was 3.3 persons per household. Commissioner Koll asked if the HRA was looking all over the metro area to build this type of housing and why they had chosen Mendota Heights. Ms. Gill said that the HRA was rotating through all the major communities in Dakota County and that they have already been asked to build a second project for Lakeville by their City Council. Commissioner Koll asked if the housing units only contained families, or if they also accommodated singles. Ms. Gill said that the only singles they accommodated were disabled. Commissioner Tilsen asked for the reason behind the allocation between three bedroom units and two bedroom units. Ms. Gill said that the main reason is to keep the density down from all three bedroom units. Ms. Gill said that there was more demand for the two bedroom units, although the three bedroom units did not turn over as quickly. 26 ( Commissioner Friel said that the proposal did not conform to the City's impervious surface requirements. Commissioner Friel said that this development should be pursued as a rezoning to R-3 and meet the R-3 requirements, not as a planned unit development. Commissioner Friel said that there was other affordable rental housing in the general area. Commissioner Friel said that the density proposed on this particular parcel doesn't seem to work well. Commissioner Betlej said that the HRA was attempting to address a housing need on a community-by-community basis, and that the HRA might find a better site in another city. Commissioner Linnell said that a public trail along Lexington down to the development would be good and desirable. Commissioner Linnell said that it would be a good start towards providing connections. Chair Duggan said that the applicant should come back with 20-22 units and that they should conform to the City zoning ordinance. Chair Duggan added that the site would have to be redesigned in order to accommodate only one entrance onto Lexington. VERBAL REVIEW Mr. Danielson provided the verbal review of previous planning cases. ADJOURN Motion made to adjourn by Betlej and seconded by Duggan. AYES: 6 NAYS: 0 The meeting adjourned at 11:30 p.m. Respectfully Submitted, Patrick C. Hollister