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2016-08-02 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 2, 2016 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. The meeting was scheduled for 8:00 p.m. due to the Night to Unite neighborhood parties. CALL TO ORDER Mayor Krebsbach called the meeting to order at 8:10 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the revised agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items e.) Designate Mendota Heights City Hall as Absentee Voting Location for General Election and i.) Accept Resignation of Director of Public Works/City Engineer. a. Approve July19, 2016 City Council Minutes b. Approve July 18, 2016 Council Workshop Tour Minutes c. Acknowledge June 28, 2016 Planning Commission Minutes d. Approve Contract Revision with C. Darlene Oehlke for Meeting Minutes e. Designate Mendota Heights City Hall as Absentee Voting Location for General Election f. Ordinance 504, Adjusting No Parking Area on East Side of Warrior Drive g. Resolution 2016-63 Accept Work, Make Final Payment for the Crown Point and Overlook Neighborhood Rehabilitation h. Approve Purchase Order to Collect Citywide Sign Inventory Data August 2, 2016Mendota Heights City Council Page 1 i. Acceptance of Resignation of Director of Public Works/City Engineer 1. Approve Letter Agreement with Craig L. Ebeling, Consultant j. Acceptance of Resignation of IT Manager k. Authorization to Allow Job Share of Receptionist Position, and advertise for part-time position 1. Authorization to Seek Bids for Mendakota Park Basketball Court Rehabilitation m. Acknowledge June 2016 Fire Synopsis n. Approve Claims List o. Approve Out of State Travel for Fire Department p. Approval of Hiring Background Investigation Employee - Terri Berg Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM E) DESIGNATE MENDOTA HEIGHTS CITY HALL AS ABSENTEE VOTING LOCATION FOR 2016 GENERAL ELECTION Councilmember Duggan noted that, since this is a national election year, citizens were concerned about being able to come to City Hall to absentee vote for the November 8, 2016 General Election, instead of having Dakota County handle the absentee voting for Mendota Heights. The decision to designate Mendota Heights City Hall to be an absentee voting precinct is to be made by the City Council. Mayor Krebsbach noted that she was in agreement to have absentee voting at City Hall as residents do not often get a chance to come in to City Hall and it would be a good use of resources. Councilmember Duggan moved to approve having the Mendota Heights City Hall as a designated absentee voting precinct for the citizens of Mendota Heights. Mayor Krebsbach seconded the motion. Councilmember Norton asked how many people typically vote absentee in-person. City Administrator Mark McNeill replied that it averages between 600 — 700 residents who absentee vote in-person. Ayes: 5 Nays: 0 I) ACCEPTANCE OF RESIGNATION OF DIRECTOR OF PUBLIC WORKS/CITY ENGINEER Mayor Krebsbach noted that it is with regret that she presented the resignation of Director of Public Works/City Engineer John Mazzitello. He served the City of Mendota Heights for eight years. She listed his accomplishments in that time frame and commended him on his leadership of Public Works. Ms. Cindy Johnson, University of Minnesota Extension Master Gardener and a resident of Mendota Heights, read a statement and expounded on the great loss to the City that this resignation makes and she noted some of the advancements made in the Public Works Department. August 2, 2016 Mendota Heights City Council Page 2 Ms. Leslie Pilgrim, a resident and a University of Minnesota Extension Master Naturalist, expressed her appreciation for John Mazzitello's service to the City and echoed the previous comments. Councilmember Petschel noted that Mr. Mazzitello taught her everything she knows about road reconstruction and rehabilitation. The native plantings really started with the Wagon Wheel Road project with the barrier curb and encouragement to the residents to install rain gardens. She commended him on his willingness to combine hard engineering with the environment. Mr. John Mazzitello noted the support that he and his family received when after one year of working for Mendota Heights, he served in Afghanistan for nine months. He not only expressed appreciation to the people in attendance, but to others outside of staff and Councilmembers. Councilmember Duggan stated that Mr. Mazzitello has always been a friendly and cooperative person both in City Hall and outside in the community and with the people he has dealt with. Councilmember Duggan moved to accept with regret the resignation of John Mazzitello from City employment effective August 19, 2016. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 I) 1. APPROVE LETTER AGREEMENT WITH CRAIG L. EBELING, CONSULTANT In light of the resignation of John Mazzitello and the results of the organizational study recently completed, and as part of a transition plan, City Administrator Mark McNeill recommended that Craig L. Ebeling, one of the consultants who completed the organization study, be recruited to create a transition plan to move the Public Works/City Engineering department forward. Councilmember Duggan moved to approve the agreement with Craig L. Ebeling, Consultant. Councilmember Petschel seconded the motion Ayes: 5 Nays: 0 There were no public comments. No items scheduled. No items scheduled. August 2, 2016 Mendota Heights City Council PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING Page 3 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2016-62 CONDITIONAL USE PERMIT AT 1295 KENDON LANE, PLANNING CASE 2016-24 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a roof -mounted solar energy system at 1295 Kendon Lane. The subject parcel is approximately 1.29 acres, contains a single family dwelling with an attached garage, and is guided low density residential. City code does permit solar energy systems as a conditional use in all districts, subject to conditions. Planner Wall explained how this application meets all of the City Code standards. Staff recommended approval of this request. Mr. David Hiner, 1295 Kendon Lane, commented on the benefits of this system to be installed. He commented about having to go through the Planning Commission for approval. The requirements are well written and if someone passes them, they should not have to go through the Planning Commission. Councilmember Petschel moved to adopt RESOLUTION 2016-62 APPROVING A CONDITIONAL USE PERMIT AT 1295 KENDON LANE based on the finding of fact and conditions as stated in the resolution. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) ORDINANCE 502 REZONING FROM B-1 LIMITED BUSINESS TO I -INDUSTRIAL AT 2500 LEXINGTON AVENUE SOUTH, PLANNING CASE 2016-28 C) ORDINANCE 503 CONCERNING WAREHOUSE USES IN THE I -INDUSTRIAL DISTRICT, PLANNING CASE 2016-29 Since Ordinance 502 and Ordinance 503 concern the same property, Planner Wall recommended they be discussed together. Planner Wall explained that the City is considering rezoning the property at 2500 Lexington Avenue South from B-1 Limited Business to I -Industrial and is also proposing corresponding amendments to Title 12, Chapter 1, Article G, Article G1, and G2 of the City Code concerning warehouse uses in the Industrial District. As part of Planning Case 2016-23, the owner of the subject property contained a vacant office and warehouse building. They applied for a code amendment to add commercial recreation and warehouse uses to the B-1 Limited Business District. The City Council determined that rezoning to Industrial and developing additional conditions to warehouse uses adjacent to residential uses was better suited to address the property owner's request. As a result, the original application was withdrawn and staff proposed two ordinances for continued discussion. August 2, 2016 Mendota Heights City Council Page 4 Ordinance 502 - Rezoning Planner Wall shared that the property is currently zoned B-1 Limited Business. To the north is an R-3 zoned property (CDA Townhouse Development) and further to the north are the Lexington Heights apartment buildings. To the south are adjacent office uses and across Lexington Avenue is property zoned as Industrial. The Industrial District allows for a wider variety of uses than the B-1 Limited Business District, and is a better fit for the building's existing build -out, which would include business and professional offices and warehouse/distribution as permitted uses, and commercial recreation as a conditional use. The subject property is guided as Business and would require an amendment to the Comprehensive Plan if the rezoning request were approved. Ordinance 503 — Code Amendment to the Industrial District Planner Wall noted the subject property's location directly adjacent to residential use may warrant additional review and corresponding conditions mitigating any potential negative impacts to surrounding uses from a potential future use on this property. If the property were to be rezoned to Industrial, staff proposed this corresponding code amendment, which includes two sections: 1. The existing code for permitted uses in the Industrial District simply allows for warehouse and distribution. Staff would recommend adding the clause `warehousing and distribution not abutting a residential use'. 2. Would read `warehousing and distribution abutting a residential use, provided that these eight conditions are met: a. A fence along the property boundary line adjacent to the residential use is constructed, in compliance with section 12 -1G -7-E of this chapter. b. Loading areas shall not be serviced by loading docks, unless completely screened from the ground -level view from adjacent properties and streets, except at access points, in compliance with section 12 -1D -13-2-E-2 of this chapter. [The subject property does not have a loading dock but has two double doors to access the existing warehouse area] c. Truck traffic shall not impede vehicle circulation, as determined by the City Engineer. d. Operations shall not include retail sales, unless compliant with section 12-1G-2 concerning accessory, enclosed retail sales. e. Any exterior improvements to the building and/or property are compliant with section 12- 1D -13-2 2- 1D-13-2 of this chapter. f. The proposed use shall be compliant with all applicable performance standards in section 12- I of this chapter. g. Hours of operation for delivery/distribution shall be limited to seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. h. Additional conditions that mitigate potential negative impacts may be included, as determined by the City Council.' It was worth noting that many of these requirements are already in the code; however, this combines them and makes it easier to ensure adherence as part of a Conditional Use Permit request. This proposed August 2, 2016 Mendota Heights City Council Page 5 use would be a conditional use, which would require a public hearing before the Planning Commission and City Council action. Councilmember Duggan moved to adopt ORDINANCE NO. 502 AMENDING THE OFFICIAL ZONING MAP. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt ORDINANCE NO. 503 AMENDING TITLE 12, CHAPTER 1, ARTICLE G OF THE CITY CODE, CONCERNING WAREHOUSE USES IN THE INDUSTRIAL DISTRICT. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 D) MENDOTA PLAZA SECOND ADDITION, CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT AMENDMENT, PRELIMINARY/FINAL PLAT, AND WETLANDS PERMIT, PLANNING CASE 2016-16 Planner Nolan Wall explained that the applicant was seeking approval to amend a Planned Unit Development / Final Development plan that includes a Preliminary/Final Plat requests and a Wetlands Permit. He shared an image of the property, which is a vacant parcel in the northeast corner of the existing Mendota Plaza Development, fronting Highway 110. The City Council was presented the proposed development plans at the July 6th meeting for review and tabled action on the requests. Since then, staff and the applicant have been working to address the issues raised at that meeting. Provided in the Council packet were staff responses to the comments from that meeting, a memo from the Mendota Heights Fire Department, a copy of the Planned Unit Development Agreement, and the applicant's responses to the comments from the meeting, as well as their comments to the proposed conditions of approval that staff previously presented. Revised architectural plans and revised civil plans were also provided for continued review and discussion. Planner Wall presented staff's responses to the comments/questions from the July meeting regarding: 1. 120 -day Timeline 2. Fire Department Review 3. Pylon/Monument Signs 4. Planned Unit Development Agreement 5. Previously -approved Apartment Building 6. Grading Councilmember Duggan noted that in reading through the original final PUD Agreement under the heading Parking it reads `Parking stall size standards must meet City Zoning ordinance requirement' and asked how the City could get around that stated requirement. City Attorney Tom Lehmann replied that since this is part of the PUD Agreement, modifications could be made to the agreement. August 2, 2016 Mendota Heights City Council Page 6 Councilmember Duggan recalled that in the original presentation there was an indication of different sizes of parking stalls for cars, including compact cars. Those are different sizes than what is stated in the City's ordinance and may be in conflict with the 2009 Developers Agreement. He suggested that legal take a look at this. Planner Wall replied that there are a number of things that need to be addressed in the Development Agreement as a result of potential approval of their request. That is one that would be earmarked that would need to be amended in the Development Agreement to coincide with what is ultimately approved. They are proposing varying stall widths and lengths in certain locations for parking. Staff is comfortable with the proposal and they meet industry standards. An amendment to the Development Agreement would be proposed. Mayor Krebsbach then asked what action staff is looking for this evening. Planner Wall recommended that the City Council review the responses to the comments, continue discussion of the request, and then table the matter to a future Council meeting as appropriate but no later than September 23, 2016. Councilmember Duggan noted that he had provided a list of questions he had. Mayor Krebsbach requested that staff review the questions and report back at the next meeting. City Attorney Tom Lehmann suggested that Mr. Wall review Councilmember Duggan's list and communicate directly with Councilmember Duggan on the issues. Mayor Krebsbach requested that Planner Wall communicate directly with Councilmember Duggan but include the responses in the Council packet at the next meeting. However, after discussion, staff and the applicant were prepared to respond to the items listed. Question Response 1. Will any apartments be `non -market' rate All of the units are market rate units 2. Has St. Paul Regional Water been contacted regarding the easements Yes, they would be included as part of the final plans for consideration 3. Has the research been done on park dedication payments Yes, it is on the list of items to address as part of a subsequent Development Agreement Amendment 4. Clarification that MnDOT is ready to address the right-of-way approvals by September 23, 2016 The applicant can provide that information 5. Wetlands Approval A Wetlands Permit Request is part of the application. A new delineation was completed and the Wetlands Conservation Act Permit from the previous development is still active. 6. Future Dodge Nature Center concerns — have they received copies of the most recent maps, in relation to the buildings backing up and the location of the paths and retaining wall They were provided the information that was provided to the Council for the July 6th meeting and their comments were included in that packet. There has been no further communication between staff and the Dodge Nature Center. 7. If applicant comes up with newer designs that change in relation to the path and retaining wall Staff would follow-up with Dodge Nature Center 8. Commercial building parking challenges — indication is that what the City requires and what they are proposing is far apart. He believes the indication was that there would be 105 spaces Yes, they are proposing 105 parking spaces for the commercial development August 2, 2016 Mendota Heights City Council Page 7 Does that meet the current standard Yes and no. The current parking code is based on the number of employees and other space requirements. That number right now is speculative. However, staff worked backwards from what their proposed square footage of restaurant spaces to determine something that they felt was consistent with the original PUD development. Staff is proposing to include a condition in the Development Agreement that limits the square footage of restaurant use in the two buildings, based on their traffic study and on the square footage that was used to determine the appropriate ratio, which staff recommended as being acceptable and which was reviewed by the consultant from Stantec 9. What is the true access road to this development There is a driveway off Dodd Road, there is whatever access is granted by MnDOT off Hwy 110, and there is South Plaza Drive off Dodd Road 10. With the addition of the MnDOT access, will that be enough access points for the size of the proposed two buildings and the apartments — will the widths be wide enough for deliveries and have the ability to allow for turnarounds That information was not readily available, but staff would follow-up on that concern 11. The high density in the City of Mendota Heights is 8.5 to an acre. The density being proposed exceeds that. Has Metropolitan Council looked at this and what have they had to say The maximum allowed density for housing in the high-density residential guided land use is 8.5. This particular property is guided as mix -used planned unit development, which actually has an allowed density range of 6 to 10 housing units per acre. The previous proposal would have been 10.76 units per acre; however, with the reduction of units, they are proposing 10.21 units per acre. It is slightly over what the Comprehensive Plan allows; there is also two clauses in the code that allow for the City to determine the density at the discretion of City Council. The density at The Village is more. Staff has not engaged the Metropolitan Council nor is it a requirement. The suspicion would be that they would be supportive of any increased density in this community in an appropriate area. Staff feels this is an appropriate area. 12. Swimming pool setbacks Applicant will address as part of their comments 13. Stormwater management — concern that the City would not have to make any repairs or be responsible if something became a problem That will be addressed in the Development Agreement August 2, 2016 Mendota Heights City Council Page 8 14. Full traffic report from MnDOT — is that pending This would be part of MnDOT's review process for consideration of the right-of-way permit. Councilmembers have not received a copy of the report. Staff would provide to Council 15. MnDOT right-of-way access status Still pending; applicant can address; staff is recommending no Council action until we receive correspondence from MnDOT 16. Will the City be indemnified in relation to some storm sewer line that could be between or beneath the pool and the wall That specific issue has been addressed and the utility line has been moved or removed 17. Retaining wall in excess of four feet Any retaining wall over four feet requires engineering drawings as part of the building permit process and is included as a condition of approval 18. PUD Agreement, there is a standard that says that parking stall standards must meet City requirements— how will that be addressed That was discussed earlier this evening Staff is recommending that because this is a PUD and because compact stalls are slightly narrower than what the code allows for — but are acceptable industry standards — staff is recommending approval. If included, then the Development Agreement would need to be amended. Larger stalls would decrease the amount of parking, which staff feels is a number that they could work with. The City's standard codified parking stalls are 9 feet wide and 20 feet long. If the stall overhangs a curb, staff allows 9 feet wide and 18 feet long. The compact stalls being proposed are 8.5 feet wide and 18 feet long — a typical compact stall is 8 X 16 feet. They are proposing something larger that staff feels would be acceptable. 19. Is there any indication of who the buyers or tenants of the two retail buildings may be Deferred to the applicant Mr. John Kohler of Paster Properties and Mr. Pete Keely of Collage Architects provided responses to concerns raised regarding commercial building setback, proof of parking, resident parking, providing two stalls per unit, restaurant parking, pool setback, original proposal/traffic study include the 4 -story apartment and full build out, residential building in relation to Dodge Nature Center, unit reduction, rooftop deck, wood frame construction. They also indicated they have a meeting scheduled with MnDOT on August 4 regarding the traffic study, which would also address the access to Highway 110. Councilmembers expressed their appreciation for the hard work done by the architect and the applicant in the new plans and how the suggestions made by the Council were incorporated. It has made the look and feel of the area much more attractive. August 2, 2016 Mendota Heights City Council Page 9 Councilmember Duggan moved to TABLE ACTION and direct staff to prepare a resolution including conditions and findings of fact for APPROVAL of the CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit in Planning Case 2016-16 for consideration at the August 16 City Council meeting or at another future meeting before September 23, 2016. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 E) ORDINANCE 499 CONCERNING TEMPORARY FAMILY HEALTH CARE DWELLING UNITS, PLANNING CASE 2016-25 Planner Nolan Wall explained that the City was considering an amendment to Title 12-1D-3 of the City Code concerning temporary family health care dwelling units. As part of the 2016 legislative session, a bill was passed that requires cities to allow for installation of a temporary residential dwelling on a property for the care of a mentally or physical -impaired person who is related to the resident as a permitted use. In addition, applications are exempt from certain zoning, building, and fire regulations and permits must be approved with 15 days. That initial permit is valid for six months and can be renewed once for an additional six months. A temporary dwelling that meets the requirements of the law cannot be prohibited by local ordinance that regulates accessory uses or recreational vehicle parking or storage. As a result, many communities voiced concerns and rejections to this proposed legislation through the League of Minnesota Cities. As a result, the law was passed with an opt -out provision by ordinance This new law goes into effect on September 1, 2016 and the proposed code amendment does include the recommended opt -out language that has been provided by the League of Minnesota Cities with an additional statement that was recommended for inclusion by the Planning Commission. It was worth noting that staff feels this new law is well intentioned; however, certain aspects of the proposed regulations do contrast with existing City Ordinances. As a policy matter, if the City Council is interested in allowing temporary housing options or accessory dwelling units, staff recommends bringing forward more information for discussion in order to develop regulations that better fit the community. Councilmember Petschel noted that she had experience with this while in San Diego. This was a young couple with three children and a new baby who had no place for a nanny and dropped what was essentially a container home on the back lot of their property. Councilmember Duggan asked if reasons for choosing to opt -out needs to be given. Planner Wall replied in the negative and noted that the statute says the municipality has the right to opt -out. Councilmember Petschel moved to adopt ORDINANCE 499 AMENDING TITLE 12, CHAPTER 1, ARTICLE D OF THE CITY CODE, CONCERNING OPTING -OUT OF THE REQUIREMENTS OF MINNESOTA STATUTES, SECTION 462.3593. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 August 2, 2016 Mendota Heights City Council Page 10 F) ORDINANCE 501 CONCERNING HOTEL DEFINITION AND FIRST FLOOR ELEVATION STANDARDS, PLANNING CASE 2016-26 Planner Nolan Wall explained that the City was considering an amendment to Titles 12-1B-2 and 12 -1E- 1 -A-5 of the City Code concerning hotel definition and also the first floor elevation standard for new dwellings. The proposed amendments seek to clean up existing language and to clarify the intent of the proposed regulation. While they are not related they do relate to issues that staff has encountered recently. Therefore, they were included in one ordinance for consideration. Hotel Definition The existing definition reads HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and which is open to transient guests, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. Staff contends that the statement 'open to transient guests' is potentially difficult to interpret and enforce. In the absence of a definition of `transient' in the code, staff is unclear whether or not the intent was to prohibit extended -stay hotels. Recently, developers for a potential additional extended -stay hotel brand use within the Industrial District have approached staff. In addition, the two existing hotels might also have guests that stay more than the typical two to three nights as a traditional hotel. For these reasons staff is proposing an option to amend the code as recommended by the Planning Commission: HOTEL: A building containing eight (8) or more guestrooms in which lodging is provided for compensation, with or without meals, and in which ingress and egress to and from all rooms is made through an inside lobby or inside office supervised by a person in charge. Councilmember Duggan suggested the following changes: . . . in which lodging is provided compensation, with or without meals, to paying guests ... Councilmember Norton and Councilmember Petschel noted that compensation could be in the form of airline miles, hotel points, etc. and recommended the language remain as proposed. First Floor Elevation City Council adopted several standards as part of Ordinance 478 that was put together to address concerns regarding teardowns and new single-family residential construction impacts. Generally, a new residential dwelling may not raise the first floor elevation more than one foot above the existing condition. However, that first floor elevation can be increased more than one foot by a Conditional Use Permit based on meeting three conditions in the existing code. In some cases there may be existing conditions with a developed property that cannot or should not be applied to new construction. There is a specific situation that staff has encountered where an existing driveway and garage floor are actually below the roadway, which is not standard engineering practice. Upon demolition and construction a new dwelling, a reasonable solution would be to raise the first floor elevation in order to construct a driveway and garage floor at an appropriate slope in order to ensure proper drainage. Under the current code August 2, 2016 Mendota Heights City Council Page 11 regulations that situation would not qualify for a Conditional Use Permit and would require a Variance. Rather than consider a variance for a situation that seems to be reasonable and meets the intent of the regulation, staff proposed to amend the current City Code language to expand the Conditional Use Permit conditions to include "Comply with standard engineering practices, including, but not limited to, grading, drainage, access, or utility connection at the discretion of the City Engineer." Mayor Krebsbach asked how the need for this change came about. Planner Wall replied that there had been a few homes where this has been applied where they did not have any issues potentially meeting the requirement. However, there is a specific property where there is potentially an issue with one of the home sites based on where the existing home was constructed and improvements over time to the roadway that actually contributed to the roadway being higher than the opening to the garage floor and part of the first floor elevation. Councilmember Petschel noted that a prime example would be a home that has had chronic water problems and seepage in the basement. Someone demolishes the home and after studying the topography, the ground water, the wetlands, the fact that it might even be over an active stream realizing that that the home can only be raised a foot, they would still have a wet home. This would allow the engineer to weigh in. The request would need to be reviewed by the Planning Commission and City Council. Councilmember Duggan asked how this would apply in the Critical Area, and is it only a foot or could it be more. Planner Wall replied that it could potentially be more than a foot; however, the City Engineer would determine that. Raising it more than a foot triggers the needs for a Conditional Use Permit. Councilmember Duggan then noted a situation where the elevation of a home in the Critical Area was raised by two feet, thus changing the sight line for the neighbors. Councilmember Duggan suggested that Condition (2) be edited to read "... or by a certified hydrologist, and the results provided for review and consideration." Staff agreed to make that edit. Councilmember Duggan moved to adopt ORDINANCE NO. 501 AMENDING TITLE 12, CHAPTER 1, ARTICLE B AND ARTICLE E OF THE CITY CODE, CONCERNING HOTEL DEFINITION AND FIRST -FLOOR ELEVATION STANDARDS, with an additional edit as proposed. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • I -35E will be closed this weekend between Shepard Road and I-94. The northbound closure will extend to Highway 110 until noon on August 6. • The Night to Unite events were successful with 21 different parties. • State Primary is August 9. Absentee voting for the General Election will be at City Hall. • The Village Concert Series continues with Trouble tomorrow night. • The Puppet Wagon at The Village continues on Mondays from 11:45 a.m. to 12:30 p.m. August 2, 2016 Mendota Heights City Council Page 12 COUNCIL COMMENTS Councilmember Duggan wished a Happy Birthday to Mrs. McNeill on reaching her 90th birthday. He also congratulated his grandson on reaching 6 years of age. He expressed his appreciation of how friendly the residents were at the Night to Unite events this evening. Councilmember Povolny also noted that he enjoyed himself at the Night to Unite events and was surprised at how many young people are living in Mendota Heights. Councilmember Norton had no additional comments to what was already stated. Councilmember Petschel enjoyed the events and is pleased with the current 'baby boom' in the city. She was unable to attend many events because the police officer she was riding with received a call regarding a bike accident on the Mendota Bridge. She noted the wonderful help the victim received from others in the area. Mayor Krebsbach noted that she was able to attend six Night to Unite events and concurred that it was great fun to see everyone. She also noted that Mendota Heights has an Olympian named Tom Malchow. He won a silver medal in the 200 -meter butterfly in 1996 and a gold medal in the men's 200 -meter butterfly in 2000. Mayor Krebsbach congratulated a Henry Sibley High School student who received a perfect ACT score. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:16 p.m. ATTES ark. Lord Smith City Clerk San. Krebsbach Mayor August 2, 2016 Mendota Heights City Council Page 13