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2015-07-07 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 7, 2015 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Krebsbach called the meeting to order at 7:00 p.m. Councilmembers present included Duggan, Povolny, and Petschel. Councilmember Norton joined the meeting at 8:31 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the agenda. Councilmember Petschel requested that item 9d) Ordinance 479 Concerning Interim Uses, Planning Case 2015-22 be moved ahead of item 8b) Resolution 2015-52 Appeal from Zoning Deten-nination for STEP Academy at 1345 Mendota Heights Road, Planning Case 2015-18. Councilmember Duggan supported that request; Mayor Krebsbach stated that she felt that the agenda should stand as prepared. Councilmember Povolny amended his motion to include moving item 9d) Ordinance 479 Concerning Interim Uses, Planning Case 2015-22 to item 7d. Councilmember Duggan seconded the motion. Ayes: 3 Nays: I (Krebsbach) Absent: I (Norton) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items b) Approval of June 25, 2015 Special Council Meeting Minutes, g) Approve Ordinance 480 Amendment to City Code Regarding Barbeques at Multi -Family Dwellings, h) Approve Resolution 2015-43 Receipt of Gifts for 5K Run and Parks Celebration, o) Approval of Claims List, and q) Approve Ordinance 481 Enterprise Drive Parking Restrictions. a. Approval of June 16, 2015 City Council Minutes July 7, 2015 Mendota Heights City Council Page I b. Approval of June 25, 2015 Special Council Meeting Minutes c. Acknowledgement of June 29, 2015 Council Workshop Minutes d. Acknowledgement of June 23, 2015 Planning Commission Minutes --Councilmember Duggan recognized the completeness of the Planning Commission Minutes e. Approve Resolution 2015-47 Critical Area Permit for Fence - 731 Woodridge Drive, Planning Case 2015-19 f. Approve Tobacco License for Twin City Beverage Inc., d/b/a Mendota Liquor Barrel g. Approve Ordinance 480 Amendment to City Code Regarding Barbeques at Multi—Family Dwellings h. Approve Resolution 2015-43 Receipt of Gifts for 5K Run and Parks Celebration i. Approve Resolution 2015-53 Authorize Use of Found Property j. Acknowledgement of Deer Population Management Plan Update k. Approve Out of State Travel for Police Department 1. Authorize Purchase of Squad Car in. Personnel Action Item n. Approval of May 2015 Treasurer's Report o. Approval of Claims List p. Approval of Contractor List q. Approve Ordinance 481 Enterprise Drive Parking Restrictions r. Acknowledgement of Airport Relations Commission Minutes Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) PULLED CONSENT AGENDA ITEM B) APPROVAL OF JUNE 25, 2015 SPECIAL COUNCIL MEETING MINUTES City Administrator Mark McNeill stated that Mendota Heights was one of three communities that were under consideration for an expansion of an existing company in the Twin Cities area. The City was notified that Prime Therapeutics had chosen the site at 1440-1444 Northland Drive in Mendota Heights. They are a company that does on-line pharmaceuticals. Mayor Krebsbach moved to approve the June 25, 2015 Special Council Meeting Minutes. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) G) APPROVE ORDINANCE 480 AMENDMENT TO CITY CODE REGARDING BARBEQUES AT MULTI -FAMILY DWELLINGS City Administrator Mark McNeill explained that this amendment will bring the City Code into compliance with the State of Minnesota Fire Code, which does not allow barbeques in multi -family dwellings which contain three or more residential units. Ground units may not have barbeques located within fifteen feet of the structure. July 7, 2015 Mendota Heights City Council Page 2 Councilmember Petschel moved to adopt ORDINANCE 480 AMENDING TITLE 7, CHAPTER 2 OF THE CITY CODE PERTAINING TO FIRES OR BARBEQUES ON BALCONIES OR PATIOS with the clarification under Item C that states "when approved by the Fire Chief'. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) H) APPROVE RESOLUTION 2015-43 RECEIPT OF GIFTS FOR 5K RUN AND PARKS CELEBRATION Councilmember Duggan stated that this was the I oth anniversary of the 5K Walk/Run and Parks Celebration. He encouraged every resident to continue supporting this event. Councilmember Petschel expressed her appreciation to Neil Garlock who organized the event this year as a volunteer. Councilmember Duggan moved to adopt Resolution 2015-43 ACKNOWLEDGING THE RECEIPT OF THE GIFTS TO THE CITY 5K AND THE CITY CELEBRATION and authorize a check to Special Olympics Minnesota for $9232.31. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) 0) APPROVAL OF CLAIMS LIST Councilmember Duggan asked if the Dermco-Lavine Construction - Tennis Court Rehab in the amount of $61,400.00 was within budget. Finance Director Kristen Schabacker replied that this was the amount that was approved as proposed in the original memo from Recreation Coordinator Sloan Wallgren. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) Q) APPROVE ORDINANCE 481 ENTERPRISE DRIVE PARKING RESTRICTIONS Public Works Director John Mazzitello explained that the newly relocated Southview Design business on Pilot Knob Road has their seasonal workers parking on Enterprise Drive which was interfering with truck traffic from the businesses. Staff reached out to the area business owners, as well as Southview Design, and came up with a compromise that parking would be allowed on the south side of the street only. This ordinance would codify the no parking restriction on the north side of Enterprise Drive. July 7, 2015 Mendota Heights City Council Page 3 Councilmember Duggan asked if this parking restriction could be removed if it is not needed in the future. Engineer Mazzitello replied that this could be decodified at any time. Councilmember Duggan moved to adopt ORDINANCE 481 AMENDING TITLE 6, CHAPTER 3, OF THE CITY CODE TO PROHIBIT PARKING ON THE NORTH SIDE OF ENTERPRISE DRIVE. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) SAINT THOMAS ACADEMY SCOREBOARD REVISIONS Planner Nolan Wall explained that St. Thomas Academy would like to replace the existing scoreboard at the main athletic field with a new scoreboard which would contain an electronic display. The Council amended the code to allow electronic display signs for institutional uses; however, the definition purposely excluded scoreboards. Video message components related to scoreboards were not discussed. Councilmembers asked for an explanation of the difference on what was being proposed and what the ordinance allows. Planner Wall replied that the ordinance purposely excludes scoreboards. It reads, "a scoreboard being used during an organized sporting event shall not be considered a sign." Mr. Matthew Mohs, Headmaster of St. Thomas Academy and Mr. Paul Solomon, Director of Facilities came forward to review their plans for the scoreboard. They shared the various options they are exploring. They explained that the video portion would only be used during the sporting events. The Council was in agreement that the scoreboard with the video component should not be considered as signage. B) REVIEW OF 2014 AUDIT MATT MAYER OF KERN, DEWENTER, VIERS Mr. Matt Mayer of Kern DeWenter Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2014, which included the Annual Report & Basic Financial Statements and the Communications Letter. He reported that KDV was providing an unmodified opinion, or a clean opinion, on the City's Financial Statements, which is the best that can be given. It means that the numbers presented were materially accurate, a true picture of the City's financial position. Aly 7, 2015 Mendota Heights City Council Page 4 The State Auditor also requires a compliance audit, testing the City on all of the various State Statutes that apply and making sure there are no conflicts of interest. Mr. Mayer reported that the City had one minor housekeeping item regarding a collateral agreement at the depository, just malting sure that the collateral is released immediately upon default; there is a three-day lag in the current contract. City staff has already taken care of this housekeeping item. Councilmembers asked if KDV had any reason to believe that Standard and Poor's would change the City's current AAA bond rating. Mr. Mayer stated he saw no significant changes and sees no reasons the rating should be modified. Councilmember Duggan moved to accept the report. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) C) PROCLAMATION FOR ST. PETER'S CHURCH Councilmember Duggan explained that St. Peter's Church is 175 years old this year and is the oldest church in the State of Minnesota in continuous use. Father Steven Hoffman addressed the Council. Councilmember Duggan read the proclamation. Councilmember Petschel moved to proclaim July 12, 2015 as Saint Peter's Day. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) D) ORDINANCE 479 CONCERNING INTERIM USES, PLANNING CASE 2015-22 Planner Nolan Wall explained that the City is considering amendments to Title 12, Chapter 1, Articles B and L of the City Code concerning Interim Uses. He gave a brief background on this request and summarized the sections included in the amendments. This ordinance would only adopt the ability to have interim uses in the city. An applicant would then have to request an amendment to the Code for a specific use as an interim use in a zoning district. Mayor Krebsbach asked when would an applicant apply for a conditional use and when do they apply for an interim use. Planner Wall stated that the Code would indicate whether a use is considered a conditional use or an interim use. The definition of the term `interim use' was discussed as being a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. The Council would have to approve either the conditional use or the interim use permit. July 7, 2015 Mendota Heights City Council Page 5 Councilmember Duggan asked who would determine if a use would "seriously depreciate surrounding property value" as stated in Section 3 -E -1-a. Planner Wall stated this would be part of the review process for that particular use. Councilmember Duggan suggested a change to Section E. 2. to state that the "conditions found to be valid by the City Council, upon the recommendation from the Planning Commission." He suggested a change to F. 2. to remove the word `any'. He suggested an addition to I. "or any other unintended consequences." Councilmember Petschel stated this would be a tool for the city to use where we can be agile to accommodate businesses without limiting ourselves. Councilmember Duggan moved to adopt Ordinance 479 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLES B AND L OF THE CITY CODE CONCERNING CONDITIONAL AND INTERIM USES with the changes and additions as suggested. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) PUBLIC HEARINGS A) RESOLUTION 2015-51 CRITICAL AREA PERMIT AT 1104 SIBLEY MEMORIAL HIGHWAY, PLANNING CASE 2015-16 Planner Nolan Wall explained that the property owners at 1104 Sibley Memorial Highway are requesting approval of an after -the -fact Critical Area Permit for construction of a retaining wall. Planner Wall shared an image of the subject parcel and the existing retaining wall. He noted that the existing wail on the property was constructed in 2011. Questions arose regarding the location of the wall in relation to the property boundary lines. The adjacent property owner at 1680 Lexington Avenue South submitted a letter stating their position that of any portions of the existing wall that are not located on the subject parcel should be removed. That is an issue that would be addressed prior to an after -the -fact building permit being issued. The applicant has stated they will remove any portions of the wall that are not entirely on their own property. Retaining walls in the critical area are limited to five feet in height and they need to be constructed of native wood or stone. Staff feels that the existing wall meets both of these requirements. Councilmembers asked questions regarding the difference between the two property owners on the wall and asked where the wall beings and ends. Public Works Director John Mazzitello stated the property owner has agreed to remove any portions of the wail that are not on their property before the building permit is issued. Mayor Krebsbach opened the public hearing and asked if anyone would like to make a comment. No public comments were received. July 7, 2015 Mendota Heights City Council Page 6 Councilmember Duggan moved to close the public hearing. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) Councilmember Petschel moved to adopt RESOLUTION 2015-51 APPROVING A CRITICAL AREA PERMIT AT 1104 SIBLEY MEMORIAL HIGHWAY based on the findings of fact that the request meets the policies and standards of the Critical Area Overlay District and with the condition that the applicants obtain an after -the -fact building permit. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Norton) B) RESOLUTION 2015-52 APPEAL FROM ZONING DETERMINATION FOR STEP ACADEMY AT 1345 MENDOTA HEIGHTS ROAD, PLANNING CASE 2015-18 Planner Nolan Wall explained that the applicant is seeking an appeal from an interpretation of the City Code concerning the definition of a trade school. The code designates the Planning Commission as the Board of Zoning Appeals but does allow the Council to review and revise any decision made by that board after conducting a public hearing. The Board of Zoning Appeals met on June 23, 2015 and voted 6-1 to deny the appeal request. The appellant, STEP Academy, is a charter school serving grades 6 —12. Staff was contacted by representatives from STEP Academy about leasing space at 1345 Mendota Heights Road, which is zoned Industrial and is currently occupied by Sanford -Brown College. Based on staff interpretation, they were informed that the proposed use is not permitted and would require a code amendment to locate the charter school in the Industrial District. Representatives from STEP Academy submitted a written request for an opinion from staff as to whether STEP Academy can lease the space on the subject property based on the proposed use being considered a trade school under the existing definition. Staff responded by letter that the use was not permitted and subsequently a formal appeal was filed for consideration by the Board of Zoning Appeals as required by the Code. Planner Wall continued by stating that according to City Code, a trade school is defined as "An educational institution, either private or public, which offers classes and training to full and/or part time students including, but not limited to, technical, mechanical, services and computing fields. " Based on this definition and past Council discussions, it remains the City's position that a charter school is not intended to be included in the trade school definition and therefore is not a permitted non -manufacturing use in the Industrial District. Judy 7, 2015 Mendota Heights City Council Page 7 A charter school use would be consistent with the use category of public and parochial schools, which are permitted within residential zoning districts. Staff contends that the intent of the existing trade school definition is to further qualify the companion permitted use in the Industrial District, which is "trade schools and colleges or universities." Trade school uses that have occupied the Industrial District were post -secondary institutions. The Industrial District does contain a mix of land uses but a vast majority are office and industrial uses. A determination that would allow a charter school use to be permitted by right in the Industrial District may allow for proliferation of other educational institutions that were not envisioned as part of the long- term planning process for the area. The Council packet did include minutes of past Council meetings where they were approached by other charter schools interested in operating within the Industrial District. The interested parties were informed that a code amendment would be required for the use to be considered. This appeal does stand on its own merits, but staff felt that it was important to know that past Councils considered charter school uses within the Industrial District, why staff is malting the aforementioned determination in this case, and that it further reinforces the potential issues that could be created by allowing a charter school as a permitted use within the Industrial District. In the past, staff has informed all interested parties inquiring about charter school uses in the Industrial District that a formal code amendment process is required to consider allowing the use. If an applicant were to make such a request of the City, staff would then recommend that the use be considered as a conditional or interim use, not as a permitted use. Based on the decision made earlier in this meeting, an interim use would be a much better fit for a potential charter school in the Industrial District. A conditional use permit or an interim use permit does require a public hearing and allows for reasonable conditions to be placed on the use, based on potential negative impacts to the surrounding properties and the public. Staff recommends that a code amendment is the most equitable and transparent process for consideration of a charter school use within the Industrial District. The Council was provided with two resolutions for consideration in this case. Upon a question from Mayor Krebsbach, Planner Wall clarified that the appeal request is based on whether a charter school fits under the definition of a trade school. Mayor Krebsbach opened the public hearing. It was clarified that STEP stands for Science, Technology, Engineering, and Preparatory. Ms. Sandra Olmsted, Vice -chair of the Board of Directors of STEP Academy. She explained that STEP Academy is a 6-12 middle school/high school and the students are college bound. All of the seniors in the class will have accomplished up to a year or more of college credits before they graduate. The school is currently leasing space in an elementary school building in Inver Grove Heights that is functionally difficult due to its cramped space. Most of the students are bussed in from surrounding areas. STEP Academy is interested in the space at 1345 Mendota Heights Road because it is move -in ready. July 7, 2015 Mendota Heights City Council Page 8 Ms. Olmsted provided additional information on charter schools and the legalities involved in being a charter school (i.e. cannot own property and cannot enter into a lease agreement longer than five years). Mr. Richard Schadegg, property manager of 1345 Mendota Heights Road, is in support of the sublease to STEP Academy. He feels this would be an appropriate use for the property. The property was renovated three years ago for Brown College and has the latest technology. They do not see any issues with the property or traffic. Parking is more than what is needed for this use. Councilmembers asked if Brown College would be sharing the building. Mr. Schadegg stated that STEP Academy would be sharing the building for part of the year. There are some economic and legal details that would have to be worked out amongst the three parties — Brown College, STEP Academy, and the property owner — because of sub -leases involved in the short run and the potential of a longer-term lease in the long run. Council member Steve Norton joined the meeting at 8:31 p.m. Mr. Chad Blihovde, Real Estate Broker with Java Properties who is representing STEP Academy Charter School in their search for a new location. They have been looking for a suitable location for over a year. This type of requirement is difficult for two reasons: 1) the cost of building any school is extremely expensive and 2) a charter school has a limited amount of money they can pay for a site. Finding this particular location that is move -in ready was very exciting. The school works with students from East Africa who are disadvantaged. They show that a lot of these students become very successful in this program versus a traditional public school. Mr. Mustafa Ibrahim, Executive Director of STEP Academy, provided inforination on the STEP Academy program and how the students are encouraged to continue on to college and take college courses while at STEP Academy. He stated that the City of Inver Grove Heights believes that the school has added value to their city and he feels they would add value to Mendota Heights as well. They need to move because they have outgrown the current facility. A current student at STEP Academy explained the reasons why he feels that moving to this facility in Mendota Heights would be a good thing for him and his fellow students. Attorney Cindy Lavorato, representing STEP Academy, came forward to address the legal points made in their letter to the Planning Commission and forwarded to the Council by staff dated June 17, 2015. She stated she feels STEP Academy meets the City's definition of a trade school and the rationale for denying the proposed use is inconsistent with the plain meaning of the ordinance. There is nothing in the ordinance expressly limiting this use in the industrial zone. It is arbitrary to treat a technology-based charter school differently fi-orn a school that offers the same type of training to college age students. She feels the City's attempt to redefine "Trade School" is nothing more than an attempt to zone STEP Academy out of the area. July 7, 2015 Mendota Heights City Council Page 9 Attorney Lavorato also stated that the City needed to react on the original request in relation to the zoning in this matter within 60 days. The first request they made in writing to the City was dated April 17, 2015. Therefore, the City needed to act to approve or deny by June 16, 2015. That did not happen. So it is the school's position that under State Law, the application is deemed approved. She expressed her hope that the Council will take that argument into account along with the others that she has made so they do not have to involve the third branch of government and get some resolution on whether that 60 days has expired. Councilmember Petschel moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 As requested by Council, City Attorney Tom Lehmann explained that the key issue before the Council is to adopt one of the two resolutions submitted: 1) to accept the decision by the Board of Zoning Appeals denying an appeal from a zoning determination or 2) to revise the decision by the Board of Zoning Appeals denying an appeal from a zoning determination. Councilmember Norton moved to adopt RESOLUTION 2015-52 ACCEPTING DECISION BY THE BOARD OF ZONING APPEALS DENYING AN APPEAL FROM A ZONING DETERMINATION. Councilmember Povolny seconded the motion. Councilmember Duggan asked who defines educational terms, what was the definition of trade school in the past versus what the definition is today per the Minnesota Board of Education. Attorney Lavorato replied that there is no definition in State Law or Rule, that she is aware of, defining trade school. Councilmember Duggan stated that the Council, at the time the definition was approved, used the definition for a trade school that was normally considered a reasonable definition. Attorney Lavorato stated her argument that the City should not look at intent of the definition, but should look at what it states if the language is clear. Councilmember Povolny stated that he attended a vocational/technical school and he sits on an advisory committee for a technical college. He believes technical schools are completely different from charter schools because of the age of the students and the subject matter of what they teach. Councilmember Duggan asked what would be the impact of accepting the reversal resolution, allowing charter schools in the Industrial District. Planner Nolan Wall stated that charter schools would then be a permitted use in Industrial Districts. Mayor Krebsbach called for the vote on the motion: Ayes: 5 Nays: 0 July 7, 2015 Mendota Heights City Council Page 10 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-49 VARIANCE AT 949 MENDOTA HEIGHTS ROAD, PLANNING CASE 2015-21 Planner Nolan Wall explained that the applicant, St. Thomas Academy, was requesting a variance from the sign size requirements for a non-residential use within a residential zone. The subject property is approximately 43 acres, which includes the school campus and several buildings and athletic fields. The applicant is proposing to erect an 88 square foot sign on the front of the control room press box overlooking the athletic field which faces Mendota Heights Road. The proposed size of the sign exceeds the maximum size allowed and therefore would require a variance. Planner Wall shared an image of the proposed sign, clarified that this is a different sign than was discussed earlier in the evening, and explained the code requirements. Councilmembers asked additional questions regarding the font and color of the sign letters. Paul Solmon, Director of Facilities for St. Thomas Academy, explained the layout of the sign, the colors and font to be used. Councilmember Petschel moved to adopt RESOLUTION 2015-49 APPROVING A VARIANCE AT 949 MENDOTA HEIGHTS ROAD based on the Findings of Fact as stated in the resolution. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Krebsbach) C) RESOLUTION 2015-48 PRELIMINARY PLAT AT 2511 AND 2525 CONDON COURT, PLANNING CASE 2015-20 Planner Nolan Wall explained that the applicant is seeking approval of a preliminary plat for a five -lot subdivision at 2511 and 2525 Condon Court. He shared an image of the site. The subject property is 1.34 acres, which includes a 0.08 -acre tract of excess right-of-way which was acquired from MnDOT. It currently contains two single-family dwellings with attached garages. Planner Wall noted that the property at 2535 Condon Court is not owned by the applicant and is not part of this preliminary plat. The parcels are zoned R-2 and guided medium density residential development on the Comprehensive Plan. In January of 2015 the applicant did receive approvals to rezone the properties and to amend the Comprehensive Plan in order to enact the current zoning and land use plan for that area. The proposed plat would be named The Oaks and would create three new lots from two existing lots and additional right-of-way. A single-family home would be constructed on the northern most parcel [Lot 1] and two twinhome units would be constructed on the remaining parcels for a total of five dwelling units. All five lots do meet the minimum lot size and setback requirements. The property at 2535 Condon Court is currently being used as a residential treatment facility and will remain zoned and guided as limited business. July 7, 2015 Mendota Heights City Council Page 11 Councilmembers asked questions regarding any water challenges in that area. The applicant, Dick Bjorklund, was present to address the Councilmember's concerns. He stated he is not concerned about water drainage on this property after the development is completed. It was clarified that final plans for building permits are reviewed thoroughly by city staff for proper grading and drainage. Councilmember Duggan moved to adopt RESOLUTION 2015-48 APPROVING A PRELIMINARY PLAT AT 2511 AND 2525 CONDON COURT based on the Findings of Fact and Conditions as included in the resolution, with a change to #4 in the resolution to replace the word `restrictions' with `the provisions'. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel added that the 2035 Long Term Comprehensive Plan Noise Mitigation Impacts for the MSP airport were recently released. She stated the contour will be expanding ,significantly which may impact this area. She gave the information to city staff for the applicant to review. D) RESOLUTION 2015-50 LOT SPLIT AND VARIANCE AT 650 NORTH FREEWAY ROAD, PLANNING CASE 2015-23 Planner Nolan Wall explained that the applicant is requesting a lot split and variance for the subject parcel at 650 North Freeway Road. The parcel is approximately 50,000 square feet, zoned R-1, and guided for low-density residential development on the Comprehensive Pian. A garage addition would be constructed on the existing single-family dwelling and a new single-family dwelling would be constructed on the easterly parcel. The existing driveway accessing the garage through the proposed parcel B would be removed. Planner Wall reviewed the standards required in the R-1 zoning district and how this request complies with those standards. The variance is needed due to grading and construction activities on a slope over 25%. Councilmembers asked questions regarding the steep slope located on the property and potential drainage issues. City Engineer John Mazzitello provided additional information on the grading plan. Mr. Daniel Norman, 1937 South Lane, expressed his concerns regarding the granting of this variance. He expressed concern about the slope being disturbed and potential drainage problems in the area. Mr. Patrick Droege, 641 South Freeway Road, expressed his concerns about the resale value of his home being impacted. He is also concerned about drainage. Councilmember Norton moved to adopt RESOLUTION 2015-50 APPROVING A LOT SPLIT AND VARIANCE AT 650 NORTH FREEWAY ROAD based on the following Findings of Fact and Conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 July 7, 2015 Mendota Heights City Council Page 12 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: ® Night to Unite is Tuesday, August 4. Register your parties with the Police Department. ® Wednesday is Music in the Park at 6:30 p.m. at The Village. ® There are many Park & Rec activities going on; Traveling Parks program is Mondays, Wednesdays, and Fridays and fishing at Rogers Lake on Fridays. ® Footgolf is very popular this year. There were over 50 people playing on Friday. COUNCIL COMMENTS Councilmember Petschel recognized Eunice Dietrich for celebrating her 101" birthday on July 2. She recognized Peter Bohacek of Henry Sibley High School as the recipient of the Presidential Award of Excellence in Mathematics and Science Teaching. He has been teaching at Henry Sibley High School for 12 years. Councilmember Duggan noted some residents' concerns: when will the King and I Thai restaurant be opening, when will the grocery store in that same area be opening, people are still interested in raising chickens, residents in Copperfield are concerned about water quality, traffic on Decorah is still an issue. Mayor Krebsbach noted that the Minneapolis/St. Paul Business Journal acknowledged two women from Mendota Heights as "Outstanding Women in Business" — Sara Gavin, President of Weber Shandwick's North American operations and Laura Oberst, Executive Vice President and Region Group Head for Wells Fargo & Co.'s Central Commercial Banking Region. Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:07 p.m. ----''Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk July 7, 2015 Mendota Heights City Council Page 13