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2019-01-02 Council Packet
CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA Wednesday, January 2, 2019 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Oath of Office – Mayor Neil Garlock and Councilmembers Ultan Duggan and Elizabeth Petschel 3. Roll Call 4. Pledge of Allegiance 5. Adopt Agenda 6. Consent Agenda a. Approval of December 18, 2018 City Council Minutes b. Approval of December 18, 2018 Work Session Minutes c. Acknowledge the November 27, 2018 Planning Commission Meeting Minutes d. Designation of Official Newspaper e. Designation of 2019 Acting Mayor f. Approve City Council Appointments to Commissions • Approve Resolution 2019-01 Appointing NDC4 City Representatives g. Accept Determination of No Wetland for the Wesley Lane Neighborhood Improvements h. Accept Wetland Delineation Report for the Marie Avenue Neighborhood Improvements i. Approve 2019 Financial Items • Resolution 2019-05 Establishing 2019 City Depositories of Funds • Resolution 2019-06 Accepting Pledged Securities for 2019 • Authorize Finance Director to Execute Electronic Payments and Prepay Claims j. Acknowledge the October 9, 2018 Parks and Recreation Commission Minutes k. Approve September Par 3 Financial Report l. Approval of Claims List m. Approve the Purchase of Assistant Fire Chief Vehicle 7. Citizen Comment Period (for items not on the agenda) *See guidelines below 8. Public Hearing – none 9. New and Unfinished Business a. Resolution 2019-02 Approving a Conditional Use Permit Amendment for New Electronic LED Display Sign at Speedway Fuel Station – located at 1080 Highway 62 (Planning Case No. 2018-28) b. Resolution 2019-03 Approving a Conditional Use Permit Amendment for New Electronic LED Display Sign at Speedway Fuel Station – located at 1200 Mendota Heights Road (Planning Case No. 2018-29) c. Resolution 2019-04 Approving a Variance for Height Limitation Standards on a New Fire and Rescue Training Tower at the City’s Fire Station Property - located at 2121 Dodd Road (Planning Case No. 2018-30) d. Establish Date for Interviews for Commission Applicants 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” DATE: January 2, 2019 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Oaths of Office—Mayor, City Council COMMENT: INTRODUCTION At the January 2nd meeting of the City Council, the following individuals will take the Oath of Office: Neil Garlock, Mayor Elizabeth Petchel, City Council Ultan Duggan, City Council. page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 18, 2018 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. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Paper, and Miller were also present. Councilor Petschel was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Duggan moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Mayor Garlock moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items b.) Authorize the Recruitment of a Fire Department Training Assistant, c.) Approve the Joint Water Resources Application for the Bourn Transfer Site, e.) Approval of Par 3 Utility Cart, and k.) Approval of Claims List. a. Approval of December 4, 2018 City Council Minutes b. Authorize the Recruitment of a Fire Department Training Assistant c. Approve the Joint Water Resources Application for the Bourn Transfer Site d. Approve Resolution 2018-101 Community Roadside Landscape Partnership Application e. Approval of Par 3 Utility Cart f. Approval of the 2019 Seasonal Pay Matrix page 4 g. Approval of Resolution 2018-99 Adopting the 2019 Pay Classification Plan for Non-Union Employees h. Approval of Resolution 2018-97 Continued Participation in Dakota County Drug Task Force i. Approval of Resolution 2018-98 Participation in Dakota County South Metro SWAT Team Joint Powers Agreement (JPA); formerly Dakota County Multi-Agency Assistance Group (MAAG) j. Approval of Building Activity Report k. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) PULLED CONSENT AGENDA ITEM B) AUTHORIZE THE RECRUITMENT OF A FIRE DEPARTMENT TRAINING ASSISTANT Councilor Duggan asked who was previously in this position and for how long. City Administrator Mark McNeill replied that the training officer has been Mr. Dale Stein for a number of years; however, because of his full-time job, his availability is limited. There is an assistant training officer position in the budget. Councilor Miller added that, historically, the city has had two people holding training officer positions over the years. Councilor Duggan moved to authorize staff to conduct the internal recruitment process to fill the Training Assistant position within the Fire Department. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) C) APPROVE JOINT WATER RESOURCES APPLICATION FOR THE BOURN TRANSFER SITE Councilor Duggan noted that there appears to be three different names for this property – Bourn Lane Property, Bourn Transfer Site, and another. He voiced his concern that the costs the city has incurred in acquiring, maintaining, and developing this property, be repaid when the site is eventually sold. Mayor Garlock expressed his agreement. Councilor Duggan moved to approve the Joint Water Resources application for wetland replacement, and direct staff to issue the Notice of Decision with the recommendation that the city strive to recoup the costs incurred in acquiring, maintaining, and developing this property. Mayor Garlock seconded the motion Ayes: 4 Nays: 0 Absent: 1 (Petschel) page 5 E) APPROVAL OF PAR 3 UTILITY CART Councilor Duggan stated that the city has had a few purchases over the last few years for the Par 3 golf course. He stated that it is appropriate that it have the equipment necessary to maintain the Par 3 in good condition. He suggested that the purchases be listed on the City’s website so residents can see the newer equipment the city has acquired. Councilor Duggan moved to authorize staff to purchase a Toro GTX Workman EFI Bench for the Par 3. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) K) APPROVAL OF CLAIMS LIST Councilor Duggan pointed out two line items pertaining to the Bourne site: • Arnt Construction – Grading Bourne Lane in the amount of $86,526.80 • Wetland Credit Agency – Bourne Site Wetland Credits in the amount of $8,658.30 He also stated that he asked about the number of building permit home inspections that were completed last month. This number of homes inspected led to a figure just under $7,000. He was glad to see that the city is supporting Great River Greening. Councilor Duggan moved to approve the list of claims for December 18, 2018. Mayor Garlock seconded the motion Ayes: 4 Nays: 0 Absent: 1 (Petschel) PUBLIC COMMENTS No one wished to be heard. PUBLIC HEARING No items scheduled. page 6 NEW AND UNFINISHED BUSINESS A) AUTHORIZE PROFESSIONAL SERVICES CONTRACT FOR THE LEMAY LAKE WATER QUALITY IMPROVEMENT PROJECT Public Works Director Ryan Ruzek explained a professional services contract for the construction of a secondary treatment basin to both protect and improve the water quality of Lemay Lake. The stormwater from the Augusta Shores Development, constructed in 2000, goes to one holding pond located at the entrance area of the development. This pond was constructed so that any overflow to the pond would be discharged into a wooded area. There is a wooded wetland located in the area and as the water concentrates between the wetland and the lake, it starts to erode a channel. The city has recently approved a development site at the former Mendota Motel and the vacant Larsen Greenhouse properties. During the review of the applications for both of these projects, a number of residents expressed concerns about water quality; mostly due to Augusta Lake having its issues and concerns – so they were concerned with protecting Lemay Lake. Staff proposed that if a secondary treatment basin was constructed in the wooded area, it would provide treatment for the Augusta Shores Development, which was designed to standards from the late 1990’s (current standards are much more restrictive). The new development at the Mendota Motel / Larsen Greenhouse properties exceeds the current standard for stormwater design; however, it would be proposed that the stormwater that discharges from that site is angled to the treatment basin. Currently, staff was proposing to construct a berm around the wooded wetland, and use the existing wetland as a treatment device. The basin would be designed so that it would fill up with approximately two feet of water and then slowly discharge the water down to the lake – providing rate control and improved water quality. The city does have a sanitary sewer system that runs through an undeveloped right-of-way to the woods. If feasible, a maintenance trail would be constructed so that city maintenance crews could get to the sanitary sewer for ease of future maintenance. Mr. Ruzek explained that he reached out to the consultant that is completing the design work for the Mendota Apartments project (being constructed on the Mendota Motel / Larsen Greenhouse properties) – Civil Site Group. This firm already has most of the data collected, thereby saving the city money on surveys, etc. The Civil Site Group quoted a fee of $17,400, which includes a complete boundary survey of the area including the outlot, topography survey including trees of the area, and the design and inspection work of the project. Councilor Miller asked if this would be built with tomorrow in mind. He believed it to be important to consider development going on in phase 1 and in phase 2 of the project. Mr. Ruzek replied that the developer of the Mendota Apartments submitted the project as a whole, so the city actually reviewed Phase 1 and Phase 2 together; so the calculations do include both phases. page 7 Councilor Duggan asked who would benefit from the extension of the storm sewer. Mr. Ruzek replied that Lemay Lake would benefit from that extension. It would provide secondary treatment from the stormwater that would be discharging from that. Councilor Duggan noted that there was discussion with the proposed Phase 2 and he wondered if the extended storm sewer was the developer’s choice. Mr. Ruzek replied that this was why staff wanted to proceed with this project. Currently, no utilities have been installed for Phase 1. He would approach Swenson Development to see if they would be willing to at least construct at that location. Mayor Garlock moved to authorize staff to execute a professional services contract with Civil Site Group for $17,400. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) B) RESOLUTION 2018-100 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR THE MARIE AVENUE AND WESLEY LANE NEIGHBORHOOD IMPROVEMENTS Mr. Larry Poppler, representing TKDA, presented the proposed Marie Avenue and Wesley Lane Neighborhood Improvements project. He explained the project would include improvements to Marie Avenue, from Lexington Avenue to Dodd Road. The improvements would include pavement rehabilitation, curb and gutter repair, sidewalk and pedestrian ramp improvements, lane reconfigurations, cast iron watermain replacement, pedestrian underpass replacement, trail rehabilitation, retention pond cleanout and ditch improvements, retaining wall reconstruction, guard rail replacement, and slab bridge assessment. The Wesley Lane Neighborhood project would include bituminous paving, storm water improvements, concrete curb and gutter repair, and appurtenant work on Wesley Lane (between Dodd Road and South Lane), Wesley Court (to Wesley Lane), South Lane (between Linden Street to the cul-de-sac), Mager Court (to Dodd Road), and Spring Creek Circle (to Dodd Road). The estimated project costs are $3.7 million for the Marie Avenue Project and $1.1 million for the Wesley Lane Project. The funding sources would include levy, assessments, municipal state aid, storm water and water utility funds. Dakota County would fund the pedestrian tunnel. Because of the high costs involved, TKDA is working with city staff on phasing this project out over a two year period. Councilor Duggan asked, referencing the land bridge on Marie Avenue, if MnDOT would be inspecting this bridge to see if it meets their specifications. Mr. Poppler replied that TKDA had already done an inspection as part of their feasibility report; that inspection was submitted to the state for review. It would then be put on a program where it is inspected every other year. page 8 Councilor Duggan asked why they would pull up approximately 5” of bituminous pavement for use as a replacement course. Mr. Poppler stated they plan to grind up the bituminous that is currently in place. To make room for the new bituminous, they need to pull that material out and then excavate beneath. Councilor Duggan, referencing the duct tile replacement, asked if there was anything wrong with the existing duct tile. Mr. Poppler replied that the existing material is not duct tile and it does not meet current standards; it is cast iron water main which is more prone to failure. Councilor Duggan then asked about modular block versus boulders explaining that he would support boulders if it was not more expensive than modular block. Councilor Miller expressed his agreement, however, whatever is done should be done with good stewardship of city dollars. Councilor Paper pointed out that a workshop meeting was held before this current meeting for the Council to discuss this information. He clarified that St. Paul Water would be reimbursing the city for the cost of the water main. Mayor Garlock noted that he believed it to be a good idea, due to the cost of the project, to do it in two phases to alleviate some of the costs. Mr. Poppler explained that there was a request to amend the feasibility report, revising it to take out some of the costs related to the ancillary items and having it focus on the 429 aspects of the project. City Attorney Andrew Pratt clarified the city’s intention to issue special assessment bonds for this project. State Statute allows the city to do that without having to go through the referendum process if at least 20% of the costs of the entire improvement is scheduled to be assessed. With many of these projects, there are multiple funding sources (MSA funds, stormwater, water, and assessment); however, the way it was set up, in his review, it did not meet that 20%. When holding the 429 public hearing and narrowing down what is going to be assessed, if the city notices that the 20% test would be met, it can proceed concurrently on the same schedule. The MSA funds, storm sewer and water utilities are outside of the 429 process. Councilor Duggan moved to adopt RESOLUTION 2018-100 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MARIE AVENUE AND WESLEY LANE NEIGHBORHOOD IMPROVEMENT PROJECT (PROJECT #201803). Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) C) SETTING A COUNCIL WORK SESSION DATE—GOAL SETTING DISCUSSION City Administrator Mark McNeill stated that it has been the Council’s practice to establish goals and objectives for the city over the next two years. Mr. McNeill spoke to the unpaid facilitator used last time and he has indicated that he would make himself available whenever it is convenient for the Council. Mr. McNeill suggested January 7, 2019 from 1:00 – 3:00 pm. page 9 After a brief discussion on times, it was determined to hold the Council Work Session – Goal Setting Discussion on January 7, 2019 from 12:00 – 2:00 pm. Councilor Duggan requested that the Council receive a copy of the previous goal-setting materials and a synopsis of what has been accomplished. Staff agreed to provide this information. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced recreational activities ranging from bowling to movies to in-door play areas to swimming that will take place over winter break. He said that anyone interested can find information on the city’s website. There will be a Naturalist Snowshoe Hike at Dodge Nature Center on January 12. On February 2nd, the Police Department is holding a ‘Blade with the Blue’ event for kids at Friendly Hills skating rink. Additional information is available on the city’s website. Residents should check the city’s website for the condition of the skating rinks. Mr. McNeill stated that City Hall will be closed December 24 & 25, 2018, for the holidays. City Hall would be open on December 31, 2018. COUNCIL COMMENTS Councilor Duggan recognized Police Chief Kelly McCarthy for completing two years with the department. He said that there is good morale and great plans for moving forward with additional activities. He noted that there was mention in the local paper of Mendota Heights youth residents Jamie Urban and Mark Gooddale, who are doing good things. There has been some interest regarding the vacant property at The Village and two other properties on Dodd Road. It is great to know that people are interested in developing and improving things. Councilor Duggan also noted that there is a young man in the community who was one of the lead dancers in River Dance in 1994. He has started an Irish School of Dance. There is an old fashioned Irish Ceilidh (Celtic Holiday Ceilidh) at Chanhassen and at County Junction where a lot of the youth that he has trained in Irish Dance are performing. He also mentioned another Minnesota native who will be playing her harp at St. Catherine’s. Councilor Duggan wished everyone the best of the holidays. Councilor Paper expressed his appreciation to staff for all of their work, effort, and time they put in. He also thanked Litton Field for nine years of service on the Planning Commission, Stephanie Levine for her nine years of service on the Parks & Recreation Commission, and Nissa Tupper for her time on the Parks & Recreation Commission. page 10 He wished everyone a safe & happy holiday Councilor Miller echoed Councilor Paper’s sentiments regarding staff’s help in keeping the ship afloat. He wished everyone safe travels this holiday season. ADJOURN Mayor Garlock moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) Mayor Garlock adjourned the meeting at 7:46 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held December 18, 2018 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 5:30 pm. Councilmembers Duggan, Miller, Paper were also present. Councilor Petschel was absent. City staff present included Cheryl Jacobson, Assistant City Administrator; Ryan Ruzek, Public Works Director; Kristen Schabacker, Finance Director; Dave Dreelan, Fire Chief; Scott Goldenstein, Assistant Fire Chief; Lorri Smith, City Clerk. DISCUSSION OF 2019 STREET RECONSTRUCTION PROJECT Ryan Ruzek, Public Works Director, presented the Marie Avenue and Wesley Neighborhood improvement project. Larry Poppler, representing TKDA, presented the details of the project. This firm prepared a feasibility report. The project will include reclamation of the pavement, overlay walk path and improve pedestrian ramps, partial curb and gutter replacement, pedestrian tunnel, iron water main replacement, separation of the trail along Lexington, a new trail on Dodd Road, modular block retaining walls, pond cleanouts, and the land bridge rehabilitation. It was determined that this project has substantially large construction costs. For this reason, phasing of the project has been proposed. Summary costs were reviewed from the feasibility report. It is proposed to phase this project out over 2 or possibly 3 years. This item will be discussed further at the 12/18/2018 Council meeting, where a resolution to accept the feasibility report and call for the public hearing will be discussed. DISCUSSION OF FIRE STATION DESIGN and COST ESTIMATE The City Council discussed the plans for remodeling the fire station. Representatives from CNH Architects presented the current timeline for the project. It is proposed that bid opening will take place around mid to late February. The Council will award the contract around the end of February. It is projected that the project will be complete by the spring of 2020. The preliminary estimate for hard and soft costs was originally proposed at $5,918,000. Due to inflation, poor soils at the site, the development of stormwater design, and excess soil at the site, the project is now estimated to be around $6,985,000. Some reductions to the project have been made to keep the increase in costs at a minimum and to keep the project under budget. page 12 ADJOURN The meeting was adjourned at 6:40 pm. ___________________________ Neil Garlock, Mayor ____________________________ Lorri Smith, City Clerk page 13 November 27, 2018 Mendota Heights Planning Commission Meeting Page 1 of 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES November 27, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, November 27, 2018 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Those absent: None Approval of Agenda The agenda was approved as submitted. Mendota Heights 2040 Comprehensive Plan Update Chair Field explained that the work that resulted from the workshop held in early November had not been completed and; therefore the Comprehensive Plan Update would be postponed. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO CONTINUE THE PUBLIC HEARING ON THE MENDOTA HEIGHTS 2040 COMPREHENSIVE PLAN UPDATE TO THE DECEMBER 20, 2018 PLANNING COMMISSION MEETING AYES: 7 NAYS: 0 Approval of October 23, 2018 Minutes COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER NOONAN TO APPROVE THE MINUTES OF OCTOBER 23, 2018, AS PRESENTED. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE #2018-25 STEVE NORTON AND STEVEN POVOLNY, 1925 VICTORIA ROAD SOUTH LOT SPLIT Working from materials provided to the Commission prior to the meeting, Community Development Director Tim Benetti explained that Mr. Steve Norton, acting on behalf of the page 14 November 27, 2018 Mendota Heights Planning Commission Meeting Page 2 of 9 property owner Mr. Steve Povolny, had requested a minor subdivision of the property located at 1925 Victoria Road South. This item was presented as a public hearing matter and notices were posted and published in the local Pioneer Press. The notices were mailed to property owners within 350 feet of the subject property. The subject property is currently 1.07 acres in total size, with 177-foot of frontage along Victoria Drive and 229-feet of frontage along Stratford Road. This property contains a 1,540 square foot one-story single-family walkout dwelling built in 1954. The home was recently remodeled by Mr. Norton and his team and this house on the lot created if the split is approved would be sold off separately from the vacant lot to be created. Mr. Benetti shared images of the subject parcel and indicated the differences in grade elevation. Parcel A, the proposed vacant lot, would be 100 feet wide by approximately 177 feet deep, consisting of 18,746 square feet or 0.43 acres. Parcel B would be 177 foot by 129 foot size lot, consisting of 27,695 square feet or 0.64 acres. There is also a 33-foot wide roadway easement identified on the survey and is consistent with an easement along county road systems, of which Victoria Road is a part. The city will also have new perimeter drainage and utility easements dedicated along the front, sides, and rear lot lines of each parcel. As shown in one the photographs, there is a 3-tiered landscaping wall system in the rear yard. Part of this wall system encroaches over the lot line but is there to retain some of the back yard slope. Staff has asked that either the wall be removed or reduced as part of a new lot or the owners needed to provide some kind of encroachment agreement or joint maintenance agreement. There is also a ‘string line rule’ in place that says that any structure built on Parcel A has to match in with what the existing houses on either side of the lot. Currently, this measures out to approximately 45 feet; so any dwelling on the newly formed lot would have to have at least a 45- foot setback off of Stratford Road. Staff recommended approval of this request with conditions. Commissioner Mazzitello noted that on the survey a shed had been identified; however, it did not appear in any of the photographs. Mr. Benetti replied that the shed has been removed. Commissioner Mazzitello then asked if Victoria Road had not been turned back to the city and is no longer a county road. Public Works Director Ryan Ruzek replied that at the time of the Furrow Development, just north of Stratford Road, the city negotiated with the county on taking that road back. So, yes, he believed it to be a city street rather than a county road at this time. However, the county right-of-way remains. Commissioner Toth pointed out that on the map provided, one shows the measurement at 176.99 feet; however, the other lot line identifies it as 150 feet. Mr. Benetti replied that the 150-foot line represents the government lot 4; however, the entire lot would be the 176.99 feet. page 15 November 27, 2018 Mendota Heights Planning Commission Meeting Page 3 of 9 Mr. Steve Norton was available to answer questions from the Commission. He noted that the portion of the retaining wall that would straddle the lot line has been removed. Commissioner Magnuson asked if the removal of the retaining wall would affect the terrain of the new lot such that there is going to have to be something else done there to shore it up. Mr. Norton replied that to the best of his knowledge, the retaining was installed for gardening beds. However, some grading would be done on that area with the development of the new dwelling. Chair Field opened the public hearing. Ms. Katherine Kaszynski, 959 Stratford Road, is the owner of the home next to the subject property. She would like to see the lot split changed a little bit as she did not believe that it maps into the existing neighborhood very well. For example, the gray house that is currently on the market (the existing home on the lot) is 1,500 square feet. This split will give two-thirds of the lot to that 1,500 square foot house. However, the house proposed to be built on the remaining one- third of the lot is anticipated to be 3,500 square feet. It does not seem like a good split to her; she would recommend half and half or two-thirds of the lot for the newly formed property. Most of the homes in the neighborhood are half-acre lots, and the ones located across the street are two- thirds of an acre. The last working farm in Mendota Heights was on Victoria Curve – a nine-acre lot split into seven home sites, which worked quite well. In response to the comments brought by Ms. Kaszynski, Mr. Steve Norton stated that when they looked at the lot split the orientation of the house on Victoria limits the split. The rear yard setback of that home has to be 30 feet; so the proposed lot line is within just a few feet of that 30 foot line. The lot line was proposed at its current location to give the existing home at least some backyard and also to create the new lot having a 100-foot road frontage, which is the city minimum and easier for survey purposes, etc. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-25, LOT SPLIT REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed lot split request meet the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. 2. The proposed subdivision and any new (future) residential dwelling will not create any negative impacts to the surrounding uses or neighborhood; and the increased front yard setbacks will ensure the new homes are in alignment with other residential uses along Stratford Road. 3. The two lots resulting from the lot split meet City Code minimum standards and are comparable in size and frontage to other lots on Stratford Road. AND WITH THE FOLLOWING CONDITIONS: page 16 November 27, 2018 Mendota Heights Planning Commission Meeting Page 4 of 9 1. As part of any new building permit application on Parcel B, the Applicant/Contractor shall submit full grading and utility plans subject to review and approval by the City; all work and land disturbance activities must comply with the City’s Land Disturbance Guidance document; and all erosion control measures shall be installed prior to any construction, and maintained throughout the duration of any construction activities on each parcel site until each have been properly restored. 2. Front-yard setback for any new dwelling structure from Stratford Road shall be a min. of 45-feet. 3. The Applicant shall make provisions to either remove or reduce the tiered retaining wall system that encroaches across Parcel B into Parcel A; or provide a private encroachment and joint maintenance agreement between both properties, which must be on a recordable document approved by the city and filed with Dakota County. 4. The applicant shall dedicate all new drainage and utility easements as denoted on the certificate of survey prepared by Lake & Land Surveying, Inc. dated 08/13/2018; or by recordable document approved by the city and filed with Dakota County. 5. Park dedication fee of $4,000 (in lieu of land - per current City policy) will be paid before the subdivision is recorded with Dakota County. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its December 4, 2018 meeting. B) PLANNING CASE #2018-26 DEREK & JULIE COOPER, UNADDRESSED PARCEL LOCATED BETWEEN 555 & 561 HIAWATHA AVENUE LOT SPLIT & LOT COMBINATION Working from materials provided to the Commission prior to the meeting, Community Development Director Tim Benetti explained that Derek and Julie Cooper requested to split an unaddressed parcel between 555 & 561 Hiawatha Avenue. At one time, this lot did belong to 555 Hiawatha as a separate parcel of record. However, when 555 Hiawatha was sold off by Mr. and Ms. Cooper and 561 Hiawatha was owned by another property owner. The subject parcel is currently a 8,384 square foot, 0.19 acres, in size and located between the two existing homes. It has a curved lot line on the front approximately 88 feet in width. Mr. Benetti shared images of the subject property. Mr. and Ms. Cooper are asking to split the lot but are not asking to develop it. Parcel A would be combined with the 561 property and Parcel B would be combined with the 555 property, which has been made a part of the conditions of approval. Another condition of approval would be that neither owner would be able to come back and claim any special or unique circumstances, or hardship of these parcels in claiming a right to develop a new single-family dwelling development on the individual parcels. page 17 November 27, 2018 Mendota Heights Planning Commission Meeting Page 5 of 9 Staff recommended approval of this request with conditions. Commissioner Mazzitello, as a clarification for the public and for the record, asked for confirmation that not needing a variance for lot size or lot width was covered by conditions one and two. That since the lot split creates two substandard lots, they must be combined with the adjoining lots. Mr. Benetti confirmed. Commissioner Toth asked if, the last time something like this was before the Commission, they put in some sort of contingency or requirement with respect with reporting to the County on a lot transition like this. Mr. Benetti replied in the affirmative and stated that condition three was very similar to this. Mr. and Ms. Cooper were not available to answer questions from the Commission. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-26 LOT SPLIT & LOT COMBINATION REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed lot split meets the spirit, purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed subdivision and lot combination will not create any negative impacts to the surrounding uses or neighborhood. 3. The two lots resulting from the lot split will be combined with the adjoining /neighboring properties, thereby eliminating the need for a variance for the reduced lot sizes and lot width standards for R-1 District properties. AND WITH THE FOLLOWING CONDITIONS: 1. The newly created parcel identified and described as “Parcel A” on the attached survey map prepared by Rehder & Associates (dated July 31, 2018), shall be combined with the property identified as 561 Hiawatha Avenue (PID No. 27-17100-03-040. 2. The newly created parcel identified and described as “Parcel B” on the attached survey map prepared by Rehder & Associates (dated July 31, 2018), shall be combined with the property identified as 555 Hiawatha Avenue (PID No. 27-57500-02-200). 3. The applicant shall dedicate a 10-foot wide drainage and utility easements along the front and rear lot line boundaries of Parcel A and B; and 10-foot wide (5-feet on each side) page 18 November 27, 2018 Mendota Heights Planning Commission Meeting Page 6 of 9 easement along the shared line between Parcel A and B, all on an updated certificate of survey or by recordable document approved by the city and filed with Dakota County. 4. Since this application for the expressed purpose of subdividing the lot and allowing each adjoining owner to combine the newly created parcels to their own personal properties, any approval of this lot split does not in any way provide a special or unique circumstance, or hardship for the Applicant or future owners of these parcels in claiming a right to develop a new single-family dwelling development on the individual parcels. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its December 4, 2018 meeting. New & Unfinished Business A) PRELIMINARY INFORMATION AND DISCUSSION TO ALLOW “SELF- STORAGE” OR SIMILAR USES IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS Community Development Director Tim Benetti explained that staff had been approached by a national self-storage facility group requesting the ability to put in a new generation of self-storage facilities in the community. As the staff report indicated, the city currently has no allowances for self-storage facilities in either the commercial or industrial zones. The industrial zone specifically calls it out as a specifically prohibited use for personal self-storage. The facility group is aware of the prohibition, but still want to present this product to the community and are willing to pursue a zoning code amendment. Firstly, they wanted to ‘test the waters’ and have the commission provide their feedback on where they would see such a request going. Mr. Benetti provided images of various new generation self-storage facilities, all secured self- enclosed facilities. No outdoor storage of vehicles, trailers, or campers is permitted. Commissioner Corbett asked why this was prohibited previously. Mr. Benetti did not know the reason. He surmised that the intent of prohibiting it in the industrial zone was to prevent the storage of items outside of the exterior facing doors. Commissioner Petschel asked if it was known what sort of employment these places would have. Mr. Benetti replied that based on his experiences with these types of groups in his previous communities, they would typically have a full-time staff person during normal business hours and usually a little bit after – 1 or 1.5 employees per day. Commissioner Petschel continued by stating that hypothetically they would be replacing a business that would have several to dozens of employees that partake in other businesses inside of the city with a structure that generates income but employees almost no one. To him that would be a downside. page 19 November 27, 2018 Mendota Heights Planning Commission Meeting Page 7 of 9 Commissioner Noonan agreed that this was a very important point. This type of use would be somewhat inconsistent with the industrial study that the city commissioned, where they did a look at what the industrial park wanted to be. It is quite clear that the city desired it to be a robust employment generator that supported the economic development aspirations of the city. This section in the Comprehensive Plan currently under discussion certainly supports that notion. A use like this, which one could suggest is rather sterile in the sense that it does not have a larger plant base or the activity that would be associated with the activity in the industrial area, would be out of character. That may have been one of the reasons why it was prohibited originally and has nothing to do with whether the storage is outside or inside. Commissioner Magnuson commented on the large size of the buildings in the images provided. She would not be in favor of putting something like this in a commercial area; however, if they were to seriously consider the industrial park, would they even have the space and could that potential space be better utilized. Mr. Benetti that they were looking at the Laser Tech Building, 2500 Lexington, which has just been recently purchased by Summit Fire Companies. Summit Fire is moving their headquarters from St. Paul and will be bringing approximately 70 new employees. Commissioner Magnuson assumed that in creating codes for this, there are codes that are included in the zoning; however, there are also some language in the ordinances that deal with permitted uses of what could be stored there, how it could be stored, and certain limitations on outdoor storage, security, etc. She would be interested in seeing other codes from other cities that have permitted these before this Commission got too far down the road. Mr. Benetti replied that a Conditional Use Permit would be ideal for something like this as they could put in a number of standard conditions that they would have to meet or comply with. Commissioner Magnuson said she would see a need and there are a fair number of people who come to Mendota Heights, they downsize, and may need a place to store things. It could be an interesting amenity provided it was not a mammoth structure that took up a whole lot of space that eliminated the opportunity to have some good jobs or other good things. If done properly and limited, it might be all right. Commissioner Mazzitello agreed and noted that this discussion could be done at the staff level or with the Commission and the applicant on what those conditions may be, what is the city willing to live with, what would they be willing to live with – and see if there could be a match there. Chair Field stated that, unlike in the past, the business model is more akin to a large, very significant, capital exposure and expense that is going to be there for some time. Most likely, it would be a new building – the mass of some of those buildings, compared with the mass of a lot of the industrial structures, is much greater than what he would have an appetite for. Commissioner Mazzitello noted that working with the previous city planner six years ago, on the code amendment that included this list of prohibited activities – it was the desire of the Council at that time to include a number of those uses in the code – specific to the use of outdoor storage facilities was the view of the overhead doors – that was what was not desired and the propensity of those facilities to lead to outdoor storage of campers, boats, trailers, etc. However, the current language is generic. page 20 November 27, 2018 Mendota Heights Planning Commission Meeting Page 8 of 9 Chair Field noted that it would be interesting to hear from the City Council on their opinion. Commissioner Petschel stated that once something like this was allowed, he did not see how it could be contained. He also suggested that the minutes of the discussion had several years ago be reviewed to ensure this Commission was not missing something in reference to their prohibition. Commissioner Magnuson, for the purposes of providing feedback, stated she would not be in support of this use in a commercial zone; however, she might look at it in the industrial zone. Commissioner Toth asked, due to the language, if this was the first time that an entity has come forward with interest of storage facilities. Mr. Benetti replied in the negative; he has had at least one request a month and noted that self-storage facilities are a hot product right now. Commissioner Mazzitello echoed Commissioner Magnuson’s opinion in so far that he did not believe it belong in the commercial district either. He would be willing to explore discussion for the industrial zone, if the applicant were to understand there would be a very lengthy list of conditions and governances around their proposal. Commissioner Petschel would not be in support at all. B) REVISED PUBLIC HEARING GUIDELINES Chair Field explained that at the last Planning Commission Meeting they agreed to amend the Public Hearing Guidelines to allow for a little more flexibility, which had always been exercised, in the length of the public testimony. However, since that time other edits were included and Chair Field felt it should be returned to the Commission for approval. The public hearing guidelines are now: Comments shall be limited to the proposed plan or amendment; Comments shall not be used for personal or derogatory attacks against the applicants, planning commissioners, city staff, or members of the public who speak for or against an agenda item; Comments shall be limited to a reasonable period of time and shall not be repetitious until everyone else wishing to provide comments has testified; The applicant shall be allowed to speak last to address any questions or comments from the public or the Commission; The Chair can amend these procedures if necessary; and All are welcome to speak and participate in the hearing process. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO APPROVE THE REVISED PUBLIC HEARING GUIDELINES VERSION 11/27.18 AYES: 7 NAYS: 0 page 21 November 27, 2018 Mendota Heights Planning Commission Meeting Page 9 of 9 Staff Announcements / Update on Developments Community Development Director Tim Benetti stated that at the last workshop, the Commission indicated a potential date of Thursday, December 13, 2018 for a workshop meeting; he then asked if that date still worked for the Commissioners. Commissioner Corbett noted that he would not be available that day. However, Mr. Benetti said he would share the new versions with Commissioner Corbett and they would be on the website. If he had any comments or feedback to be relayed at the workshop meeting, he should provide them directly to Mr. Benetti. Chair Field reminded everyone, for the sake of open meeting laws, there should not be any discussions going on outside of the meeting. Any recommendations from Commissioner Corbett should go directly to Mr. Benetti. Mr. Benetti then advised the Commission that Consulting Planner Phil Carlson from Stantec was aware of the Commissions revising of Chapter 7 and Chapter 8 of the Comprehensive Plan. They still plan on working with the group on that at the workshop meeting. He then asked if the Commission wanted to include the public hearing at the December 20, 2018 Planning Commission Meeting or delay it to the January 2019 meeting. Chair Field replied that the Commission has already left the hearing open from the October 2018 meeting and if after the meeting on the 13th they find themselves needing to take a similar action, they would to do that then. For right now, the plan it to continue the hearing to the December 20, 2018 Planning Commission Meeting. The Planning Commission Workshop Meeting was scheduled for Thursday, December 13, 2018 at 6:00 p.m. Chair Field asked if the gas lines would be finish being installed prior to the frost. Public Works Director Ryan Ruzek replied that they can install gas lines year round, it was the follow-up restoration that would need to occur in the spring. However, it appears that they plan on installing the gas lines through December. When asked about the Dodd Road project, Mr. Ruzek noted that there has not been a wrap-up meeting the MnDOT; the asphalt plants were closing on the Wednesday before Thanksgiving. They plan on getting all of their paving done. Any work that was not completed will be carried over into 2019. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 8:02 P.M. AYES: 7 NAYS: 0 page 22 DATE: January 2, 2019 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk Mark McNeill, City Administrator SUBJECT: Designation of Official Newspaper COMMENT: INTRODUCTION The City Council is asked to designate an Official Newspaper for the City for 2019. BACKGROUND Minnesota Statutes §412.831 requires that the City Council designate an official newspaper at the first meeting of each year for publication of legal notices. Ordinances, financial reports, public notices, and other information as required by law, as well as matters the Council deems necessary, shall be published in the City’s designated official newspaper. The St. Paul Pioneer Press is currently designated as the City’s official newspaper. Before last year, Lillie Suburban served the city for the past 35 years. This year we received a proposal from each of these newspapers. The Pioneer Press publishes seven days a week, which would make publishing our notices much more convenient for staff. The notices would be due to the newspaper by 12:00 noon the day before the notice is to be published. Proposals Received for Official Newspaper Designation rates quoted are per column inch 2018 rate 2019 Rate Proposed South-West Review $5.75 - one time publishing $5.25 - each add'l publication Pioneer Press $6.00 - one time publishing $5.50 - each add'l publication $6.00 - one time publishing $5.50 - each add'l publication Both newspapers would post all legal notices on their website at no additional charge. State law requires the legal newspaper must have at least 400 paying customers in the community for which it is the legal newspaper, or, if it is free, must have at least 400 copies distributed throughout the community. Both of these candidate newspapers qualify, as the Pioneer press has approximately 6,800 paid subscribers in Mendota Heights. page 23 BUDGET IMPACT For Jan – Nov 2018, the City spent approximately $3,555 on legal notices. The proposal by the Pioneer Press is approximately 4.4% higher than the South-West Review. This is about $160 annually. RECOMMENDATION 2018 was the first year that the City used the Pioneer Press as its official newspaper. Although it is presents a slightly higher cost, there were several instances over the past year where having the flexibility of a daily newspaper as its legal newspaper worked to the City’s advantage. For that reason, we recommend that the City Council again designate the Pioneer Press as the official City newspaper. ACTION REQUIRED The City Council should designate the St. Paul Pioneer Press as the city’s official newspaper for 2019. This action requires a majority vote of the City Council. page 24 . DATE: January 2, 2019 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Designation of Acting Mayor INTRODUCTION The City Council is asked to appoint one of its members to serve as Acting Mayor. BACKGROUND Minnesota State Statute 412.121 requires the Council to choose an acting mayor at the first City Council meeting of the year. The law provides that the acting mayor shall perform the duties of the mayor during the disability or absence of the mayor from the city or in event of vacancy in the office of the mayor, until such time a successor has been appointed. The practice in Mendota Heights has been that the Mayor has recommended a candidate, and the Council then affirms the recommendation, or comes up with an alternate candidate. In recent years, the acting mayor position for the City of Mendota Heights has been held by the following councilmembers: 2018: Joel Paper 2017: Joel Paper 2016: Michael Povolny 2015: Liz Petschel 2014: Liz Petschel 2013: Liz Petschel 2012: J ack Vitelli 2011: J ack Vitelli 2010: J ack Vitelli 2009: Mary Jeanne Schneeman 2008: Ultan Duggan 2007: Sandra Krebsbach RECOMMENDATION: Mayor Garlock recommends the reappointment of Councilor Joel Paper to be acting Mayor for 2019. ACTION REQUIRED: If the Council concurs, it should approve a motion naming Joel Paper to serve as the acting mayor for 2019. If there is a different councilor nominated, the Council should then make a decision from amongst those nominated. This action requires a majority vote. page 25 DATE: January 2, 2019 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Liaison Appointments Introduction: The Council is asked to discuss appointments to various liaison positions for the City. Background: The following advisory boards require City Council action to designate appointments to represent the City. Mayor Garlock recommends the following to fill the vacant positions: Traffic Safety Committee Planning Commission—John Mazzitello (to replace retiring Litton Field) Dakota Communications Center Board of Directors (2 year Appointments) Primary Representative—Ultan Duggan Alternate –Liz Petschel NDC4 Cable Commission (2 year Appointments) Mickey Kieffer (Commissioner) Joel Paper (Councilmember) Action Required The Council should, by motion, approve the reappointments as determined for the above advisory boards and liaison positions, with the exception of the NDC 4 members. The appointments to the NDC4 Commission must be made by approving the following resolution: Resolution 2019-01 A RESOLUTION APPOINTING REPRESENTATIVES TO THE NDC4 ADVISORY COMMISSION page 26 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 01 A RESOLUTION APPOINTING REPRESENTATIVES TO THE NDC4 ADVISORY COMMISSION WHEREAS, the City Council of the City of Mendota Heights benefits from the active participation of citizens in our advisory commissions; and WHEREAS, the City Council recognizes the excellent service provided by the following commission member whose term expires on January 31, 2019. NOW THEREFORE, BE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota that the following commissioner is reappointed to a term on the NDC4 Commission: Mickey Kieffer - term starting February 1, 2019 and expiring January 31, 2021 BE IT FURTHER RESOLVED that the Mendota Heights City Council does hereby appoint the following Councilmember to the NDC4 Commission: Joel Paper - term starting February 1, 2019 and expiring January 31, 2021 Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Neil Garlock, Mayor ATTEST: _____________________________ Lorri Smith, City Clerk page 27 REQUEST FOR COUNCIL ACTION DATE: January 2, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Accepting Determination of No Wetland for the Wesley Neighborhood Improvements COMMENT: INTRODUCTION The Council is asked approve a Wetland Conservation Act (WCA) Joint Water Resources Application for Determination of No Wetland for the Wesley Neighborhood Street Improvements Project site. BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers Chapter 8420 of the Minnesota Wetland Conservation Act (WCA). A Determination of No Wetland report for the Wesley Neighborhood Street Improvements Project site was submitted by Kjolhaug Environmental Services, on behalf of TKDA Engineering and the City of Mendota Heights, on November 21, 2018. The site investigation was performed in preparation for a proposed road improvements project. DISCUSSION The site investigation took place on October 2, 2018. Staff reviewed the site with the consultant and delineator on November 1, 2018, and concurred with the determination as submitted in the report. The National Wetland Inventory Map, as well as the MN Department of Natural Resources Public Waters Inventory map do not show presence of wetlands on the site. No additional comments were received from the Technical Evaluation Panel. BUDGET IMPACT None, this process is a judicial requirement of the city. If council accepts the report a Notice of Decision will be sent to Technical Evaluation Panel members and their respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps of Engineers), as well as the applicant and any members of the public that requested notice (none). RECOMMENDATION Staff recommends that City Council approve and accept the report as submitted by Kjolhaug Engineering for Determination of No Wetland, and direct staff to issue the Notice of Decision. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion accepting the Determination of No Wetland and authorizing staff to issue a Notice of Decision. This action requires a simple majority vote. page 28 Wesley Neighborhood Improvements Mendota Heights, Dakota County, Minnesota No Wetland Determination Report Prepared for City of Mendota Heights by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2018-145) November 15, 2018 page 29 1 Wesley Neighborhood Improvements Mendota Heights, Dakota County, Minnesota No Wetland Determination Report 1. SITE VISIT SUMMARY x The 3,497-feet Wesley Neighborhood review area was inspected on October 2, 2018 for the presence and extent of wetland. x The National Wetlands Inventory (NWI) map did not show any wetlands within the review area. x The soil survey showed predominantly hydric soil types on the property included Quam soils. x The DNR Public Waters Inventory did not show any DNR Public Wat ers, Wetlands, or Watercourses within the review area. However, an Unnamed DNR Public Wetland (19- 93W) was located approximately 100 feet east of the review area. x The National Hydrography Dataset did not show any waterbodies or watercourse within the review area. However, a lake/pond waterbody and a stream/river watercourse were located within 100 feet of the review area. x No wetlands were identified within the review area during the site visit on October 2, 2018. page 30 Wesley Neighborhood Improvements No Wetland Determination Report 2 2. OVERVIEW The 3,497-feet Wesley Neighborhood review area was inspected on October 2, 2018 for the presence and extent of wetland. The property was located in Section 25, Township 28 North, Range 23 West, City of Mendota Heights, Dakota County, Minnesota. The review area consisted of the adjacent 30 feet from the centerline of portions of Dodd Road, Mager Court, Maple Street, Spring Creek Circle, South Lane, Wesley Lane, and Wesley Court and an undeveloped lot located between Dodd Road and Linden Street (Figure 1). The review area consisted primarily of several roadways and the adjacent 30 feet from the road centerline. Most of the roadways were surrounded by single-family and multi-family homes with manicured lawns and planted coniferous and deciduous trees. The undeveloped lot was dominated by Kentucky bluegrass, smooth brome, dandelion, and common plantain and scattered cottonwood trees and burdock. Topography in the undeveloped lot was relatively flat and sloped downhill toward Area A. No wetlands were delineated within the review area. Sample point locations and existing conditions are shown on Figure 2. Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) delineation concurrence under Section 404 of the Federal Clean Water Act. 3. METHODS Wetlands were identified using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Soils, vegetation, and hydrology were documented at a representative location along the wetland- upland boundary. Plant species dominance was estimated based on the percent aerial or basal coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches (unless otherwise noted) using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service (NRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 8.1, 2017). Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit color classes utilized on Web Soil Survey. The five classes page 31 Wesley Neighborhood Improvements No Wetland Determination Report 3 include Hydric (100 percent hydric components), Predominantly Hydric (66 to 99 percent hydric components), Partially Hydric (33 to 65 percent hydric components), Predominantly Non-Hydric (1 to 32 percent hydric components), and Non-Hydric (less than one percent hydric components). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016. National Wetland Plant List, version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters, and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) did not show any wetlands within the review area (Figure 3). The Soil Survey (USDA NRCS 2015) showed that predominantly hydric soil types on and near the property included Quam soils. Soil types mapped on the property are listed in Table 1 and a map showing soil types is included in Figure 4. Table 1. Soil Types Mapped on the Wesley Neighborhood project Symbol Soil Name Acres % of Area % Hydric Hydric Category 49B Antigo silt loam, 1 to 8 percent 4.00 43.5 0 Non-Hydric 155C Chetek sandy loam, 8 to 15 percent slopes 1.62 17.6 0 Non-Hydric 250 Kennebec silt loam 2.28 24.8 0 Non-Hydric 344 Quam silt loam 0.74 8.1 95 Predominantly Hydric 411A Waukegan silt loam, 0 to 1 percent slopes 0.56 6.0 0 Non-Hydric The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) did not show any DNR Public Waters, Wetlands, or Watercourses within the review area (Figure 5). However, an Unnamed DNR Public Wetland (19-93W) was located approximately 100 feet east of the review area. The National Hydrography Dataset (U.S. Geological Survey 2015) did not show any waterbodies or watercourse within the review area (Figure 6). However, a lake/pond waterbody and a stream/river watercourse were located within 100 feet of the review area. 4.2 No Wetland Determination Potential wetlands were evaluated during field observations on October 2, 2018. No wetlands were identified on the property (Figure 2). Herbaceous vegetation was being to senesce at the time of the wetland delineation. Precipitation conditions wetter than the normal range based on available 30-day rolling total precipitation and three-month antecedent precipitation data page 32 Wesley Neighborhood Improvements No Wetland Determination Report 4 (Appendix C) and field observations. In the week prior to the site visit, 0.37 inches of precipitation was recorded at the nearest weather station. No wetlands were identified or delineated within the review area. 4.3 Other Areas Other areas were investigated because they were: (1) observed to support a hydrophytic plant community, (2) had visible wetland hydrology indicators, (3) were shown as wetland on the NWI map, or (4) were depressional and mapped as hydric soil. Corresponding data forms are included in Appendix B. The following descriptions of sample areas reflect conditions observed at the time of the field visit. Area A was a depressional area located adjacent to the undeveloped lot in the southwestern portion of the review area (Figure 2). The assessment area was dominated by boxelder, silver maple, green ash trees, common buckthorn, elderberry, and honeysuckle shrubs with scattered bur oak and black cherry trees. Area A was not shown as wetland on the NWI map and was located in an area mapped as non-hydric soil (Antigo, Kennebec) on the soil survey. An eroded, intermittent drainage channel extended through the area from a culvert near Dodd Road downhill into a large culvert (approximately 4-foot diameter) at the lowest elevation of the depression. Three soil borings (SP-A, SP-B, SP-C) showed primary and two second hydrology indicators were not present and non-hydric soils were observed in two of the three borings. Based on these observations, the large culvert appears to effectively drain Area A. Due to the lack of hydric soils and wetland hydrology, KES determined Area A to be non-wetland. No other areas with hydrophytic vegetation or wetland hydrology were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.4 Request for No Wetland and Jurisdictional Determinations Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) delineation concurrence under Section 404 of the Federal Clean Water Act. page 33 Figure 3 - National Wetlands InventoryWesley Neighborhood Improvements (KES 2018-145)Mendota Heights, MinnesotaNote: Boundaries indicatedon this figure are approximate and do not constitute an official survey product.¯0300FeetPEM1APEM1CPFO1APUBGxSource: MNGEO Spatial Commons, USFWSpage 34 REQUEST FOR COUNCIL ACTION DATE: January 2, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Technician SUBJECT: Accepting Wetland Delineation Report for the Marie Avenue Neighborhood Improvements COMMENT: INTRODUCTION The Council is asked to approve a Wetland Conservation Act (WCA) Joint Water Resources Application for wetland boundary determination for the Marie Avenue Neighborhood Street Improvements Project site. BACKGROUND The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers Chapter 8420 of the Minnesota Wetland Conservation Act (WCA). A Wetland Delineation Report for the Marie Avenue Neighborhood Street Improvements Project site was submitted by Kjolhaug Environmental Services, on behalf of TKDA Engineering and the City of Mendota Heights, on November 30, 2018. The wetland delineation was performed in preparation for a proposed road improvements project. DISCUSSION Kjolhaug Environmental delineated the project site on October 2, 2018, and identified four wetland basins on-site, two of which have been utilized as stormwater ponds prior to 1991. Staff reviewed the site with the consultant on November 1, 2018, and concurred with the delineation as submitted in the report. No additional comments were received from the Technical Evaluation Panel. BUDGET IMPACT None, this process is a judicial requirement of the city. If council accepts the report a Notice of Decision will be sent to Technical Evaluation Panel members and their respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army Corps of Engineers), as well as the applicant and any members of the public that requested notice (none). RECOMMENDATION Staff recommends that City Council approve and accept the Wetland Delineation Report as submitted by Kjolhaug Engineering, and direct staff to issue the Notice of Decision. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion accepting the Wetland Delineation Report and authorizing staff to issue a Notice of Decision. This action requires a simple majority vote. page 35 Marie Avenue Improvements Mendota Heights, Dakota County, Minnesota Wetland Delineation Report Prepared for City of Mendota Heights by Kjolhaug Environmental Services Company, Inc. (KES Project No. 2018-145) November 29, 2018 page 36 1 Marie Avenue Improvements Mendota Heights, Dakota County, Minnesota Wetland Delineation Report 1. WETLAND DELINEATION SUMMARY x The 7,460-feet Marie Avenue Improvements review area was inspected on October 2, 2018 for the presence and extent of wetland. x The National Wetlands Inventory (NWI) map showed three wetlands within the review area. x The soil survey showed that hydric and partially hydric soil types on and near the property included Kato, Quam, and Seelyeville soils. x The DNR Public Waters Inventory did not show any DNR Public Waters, Wetlands, or Watercourses within the review area. However, an Unnamed DNR Public Wetland (19- 104W) was located approximately 200 feet north of the review area. x The National Hydrography Dataset showed two lake/pond waterbodies, two stream/river watercourses, and one pipeline were located within the review area. Table 1. Wetlands delineated on the Marie Avenue review area Wetland ID Wetland Type Dominant VegetationCircular 39 Cowardin Eggers and Reed 13PEM1A/Cd Partially drained, seasonally flooded basin/shallow marsh Cattail, reed canary grass, common buckthorn 22PEM1Bd Partially drain, fresh wet meadow Reed canary grass 35PUBGxExcavated, shallow, open water community Duckweed, red osier dogwood, willow 45PABGxExcavated, shallow, open water community Duckweed, boxelder, green ash x Four wetlands delineated within the review area are summarized belo w. page 37 Marie Avenue Improvements Wetland Delineation Report 2 2. OVERVIEW The 7,460-feet Marie Avenue Improvement review area was inspected on October 2, 2018 for the presence and extent of wetland. The property was located in Sections 23, 24, 26, Township 28 North, Range 23 West, City of Mendota Heights, Dakota County, Minnesota. The review area consisted of the adjacent 30 feet from the centerline of Marie Avenue between Lexington Avenue and Dodd Road and approximately 700 feet along Lexington Avenue. Four additional areas containing wetlands and stormwater ponds located to the north and south of Marie Avenue were also included in the review area (Figure 1). The majority of the review area consisted of the Marie Avenue roadway and right-of-way. The right-of-way contained an asphalt walking path along with manicured lawns and planted trees from the adjacent single-family homes. Several areas containing potential wetlands or stormwater basins located adjacent to Marie Avenue were also investigated. These water bodies were typically surrounded by wooded areas dominated by boxelder, green ash, and red oak trees and common buckthorn shrubs or parkland and single-family lots dominated by manicured lawns with various planted coniferous and deciduous trees. The review area was predominantly surrounded by single-family homes and Valley Park was located to the north. Two wetlands were delineated within the review area. The delineated wetland boundaries and existing conditions are shown on Figure 2. Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) delineation concurrence under Section 404 of the Federal Clean Water Act. 3. METHODS Wetlands were identified using the Routine Determination method described in the Corps of Engineers Wetlands Delineation Manual (Waterways Experiment Station, 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version 2.0) as required under Section 404 of the Clean Water Act and the Minnesota Wetland Conservation Act. Wetland boundaries were identified as the upper-most extent of wetland that met criteria for hydric soils, hydrophytic vegetation, and wetland hydrology. Wetland-upland boundaries were marked with pin flags that were GPS located by Kjolhaug Environmental Services using a Juno T-41 GPS device. Soils, vegetation, and hydrology were documented at a representative location along the wetland- upland boundary. Plant species dominance was estimated based on the percent aerial or basal page 38 Marie Avenue Improvements Wetland Delineation Report 3 coverage visually estimated within a 30-foot radius for trees and vines, a 15-foot radius for the shrub layer, and a 5-foot radius for the herbaceous layer within the community type sampled. Soils were characterized to a minimum depth of 24 inches (unless otherwise noted) using a Munsell Soil Color Book and standard soil texturing methodology. Hydric soil indicators used are from Field Indicators of Hydric Soils in the United States (USDA Natural Resources Conservation Service (NRCS) in cooperation with the National Technical Committee for Hydric Soils, Version 8.1, 2017). Mapped soils are separated into five classes based on the composition of hydric components and the Hydric Rating by Map Unit color classes utilized on Web Soil Survey. The five classes include Hydric (100 percent hydric components), Predominantly Hydric (66 to 99 percent hydric components), Partially Hydric (33 to 65 percent hydric components), Predominantly Non-Hydric (1 to 32 percent hydric components), and Non-Hydric (less than one percent hydric components). Plants were identified using standard regional plant keys. Taxonomy and indicator status of plant species was taken from the 2016 National Wetland Plant List (U.S. Army Corps of Engineers 2016. National Wetland Plant List, version 3.3, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, Hanover, NH). 4. RESULTS 4.1 Review of NWI, Soils, Public Waters and NHD Information The National Wetlands Inventory (NWI) (Minnesota Geospatial Commons 2009-2014 and U.S. Fish and Wildlife Service) showed three wetlands within the review area (Figure 3). The Soil Survey (USDA NRCS 2015) showed that hydric and partially hydric soil types on and near the property included Kato, Quam, and Seelyeville soils. Soil types mapped on the property are listed in Table 2 (on the following page) and a map showing soil types is included in Figure 4. The Minnesota DNR Public Waters Inventory (Minnesota Department of Natural Resources 2015) did not show any DNR Public Waters, Wetlands, or Watercourses within the review area (Figure 5). However, an Unnamed DNR Public Wetland (19-104W) was located approximately 200 feet north of the review area. The National Hydrography Dataset (U.S. Geological Survey 2015) showed two lake/pond waterbodies, two stream/river watercourses, and one pipeline were located within the review area (Figure 6). page 39 Marie Avenue Improvements Wetland Delineation Report 4 Table 2. Soil types mapped on the Marie Avenue review area Symbol Soil Name Acres % of Area % Hydric Hydric Category 39B2 Wadena loam, 2 to 6 percent slopes, eroded 1.55 9.4 0 Non-Hydric 155B Chetek sandy loam, 3 to 8 percent slopes 0.06 0.4 0 Non-Hydric 155C Chetek sandy loam, 8 to 15 percent slopes 1.11 6.7 0 Non-Hydric 155E Chetek sandy loam, 15 to 25 percent slopes 0.0004 >0.01 0 Non-Hydric 208 Kato silty clay loam 0.003 >0.01 95 Predominantly Hydric 250 Kennebec silt loam 0.07 0.4 0 Non-Hydric 313 Spillville loam, occasionally flooded 0.85 5.2 0 Non-Hydric 344 Quam silt loam 3.32 20.2 95 Predominantly Hydric 411A Waukegan silt loam, 0 to 1 percent slopes 0.62 3.8 0 Non-Hydric 415C Kanaranzi loam, 6 to 12 percent slopes 3.80 23.1 0 Non-Hydric 540 Seelyeville muck 0.74 4.5 100 Hydric 611F Hawick loamy sand, 20 to 40 percent slopes 0.87 5.3 0 Non-Hydric 857B Urban land-Waukegan complex, 1 to 8 percent slopes 0.59 3.6 0 Non-Hydric 895C Kingsley-Mahtomedi-Spencer complex, 8 to 15 percent slopes 1.08 6.6 0 Non-Hydric 1027 Udorthents, wet 0.26 1.6 0 Non-Hydric 1824 Quam silt loam, ponded 1.55 9.4 100 Hydric 4.2 Wetland Determinations and Delineations Potential wetlands were evaluated during field observations on October 2, 2018.Four wetlands were identified and delineated on the property (Figure 2). Corresponding data forms are included in Appendix B. The following descriptions of the wetlands and adjacent uplands reflects conditions observed at the time of the field visit. Herbaceous vegetation was beginning to senesce at the time of the wetland delineation. Precipitation conditions were wetter than the normal range based on available 30-day rolling total precipitation and three-month antecedent precipitation (Appendix C) and field observations. In the week prior to the site visit 0.37 inches of precipitation was recorded at the nearest weather station. Wetland 1 was a partially drained Type 3 (PEM1A/Cd) seasonally flooded basin/shallow marsh wetland located in the eastern portion of the review area. The wetland was dominated by cattail, sedge, and reed canary grass with a fringe of common buckthorn shrubs with lesser amounts of reed canary grass. The center of Wetland 1 was inundated with approximately 4 to 6 inches of standing water. This wetland covered 0.47 acres within the review area. page 40 Marie Avenue Improvements Wetland Delineation Report 5 Adjacent upland consisted of woodland dominated by red oak, green ash, quaking aspen, and cottonwood trees and common buckthorn and honeysuckle shrubs. A berm along the eastern boundary separated Wetland 1 from Wetland 3. The berm was vegetated with common buckthorn shrubs, Canada goldenrod, and crown vetch. Primary and secondary hydrology indicators were not observed on the upland. The wetland boundary corresponded to a topographic rise and a transition to an upland plant community. The wetland was shown as a PFO1A/EM1C on the NWI map and was located in an area mapped as hydric soil (Quam) on the soil survey. Wetland 1 appeared to drain into the ditch on the south side of the wetland, which eventually flowed west into a creek in Valley Park. Wetland 2 was a partially drained Type 2 (PEM1Bd) fresh wet meadow wetland located in the center of the review area. The wetland was dominated by reed canary grass with lesser amounts of lake sedge and cattail. A creek channel was observed flowing to the northeast through the center of Wetland 2. The channel was 3 to 4 feet wide, 3 feet deep, and inundated with approximately 1 to 2 feet of flowing water. This wetland covered 0.23 acres within the review area. Adjacent upland consisted a combination of meadow dominated by smooth brome, reed canary grass, Canada thistle, common milkweed, and burdock and woodland dominated by boxelder, American elm, and cottonwood trees, common buckthorn and honeysuckle shrubs. Primary and secondary hydrology indicators were not observed on the upland. The wetland boundary corresponded to a topographic rise and a transition to an upland plant community. The wetland was shown as a PEM1Ad wetland and was located in an area mapped as hydric soil (Seelyeville) and non-hydric soil (Chetek) on the soil survey. Wetland 2 appeared to extend to the south of the review area. Wetland 3 was an excavated Type 5 (PUBGx) shallow, open water community wetland located in the eastern portion of the review area. The wetland consisted primarily of open water (approximately 3 to 6 feet depth) dominated by duckweed and was surrounded by a fringe of red osier dogwood, willow, and common buckthorn shrubs. This wetland covered 0.58 acres within the review area, Adjacent upland consisted of woodland dominated by red oak, green ash, quaking aspen, and cottonwood trees and common buckthorn and honeysuckle shrubs. A berm along the eastern boundary separated Wetland 3 from Wetland 1. The berm was vegetated with common buckthorn shrubs, Canada goldenrod, and crown vetch. Primary and secondary hydrology indicators were not observed on the upland. The wetland boundary corresponded to a topographic rise and a transition to an upland plant community. The wetland was shown as a PFO1A/EM1C/UBGx wetland and was located in an area mapped as hydric soil (Quam) on the soil survey. Wetland 3 appeared to receive discharge from the southeastern and western portions of the wetland. This wetland has been used as a stormwater basin since the 1970’s according to Krista Spreiter (LGU for the City of Mendota Heights). page 41 Marie Avenue Improvements Wetland Delineation Report 6 Wetland 4 was an excavated Type 5 (PABGx) shallow, open water community wetland located in the western portion of the review area. The wetland consisted primarily of open water (approximately 3 to 6 feet depth) dominated by duckweed and surrounded by a narrow fringe of boxelder and green ash trees and common buckthorn shrubs. This wetland covered 1.28 acres within the review area. Adjacent upland consisted of a combination of sloped woodland dominated by green ash, boxelder, and cottonwood trees with an understory of common buckthorn and honeysuckle shrubs. Primary and secondary hydrology indicators were not observed on the upland. The wetland boundary corresponded to a topographic rise and a transition to an upland plant community. The wetland was shown as a PABGx wetland and located in an area mapped as predominantly hydric (Quam) on the soil survey. Wetland 4 appeared to receive discharge from the northern and western portions of the wetland. This wetland has been used as a stormwater basin since the 1970’s according to Krista Spreiter (LGU for the City of Mendota Heights). 4.3 Other Areas No other areas with hydrophytic vegetation or wetland hydrology were observed on the site. No other areas were shown as hydric soil on the soil survey or as wetland on the NWI map. 4.4 Request for Wetland Boundary and Jurisdictional Determination Appendix A of this report includes a Joint Application Form for Activities Affecting Water Resources in Minnesota, which is submitted in request for: (1) a wetland boundary and type determination under the Minnesota Wetland Conservation Act (WCA), and (2) delineation concurrence under Section 404 of the Federal Clean Water Act. page 42 Figure 2 - Existing Conditions OverviewMarie Avenue (KES 2018-145)Mendota Heights, MinnesotaNote: Boundaries indicatedon this figure are approximate and do not constitute an official survey product.¯0750FeetCulvertProject BoundaryDrainagewayWetland BoundarySource: MNGEO Spatial CommonsWetland 3Wetland 2Wetland 4Wetland 1Figure 2AFigure 2CFigure 2Bpage 43 DATE: January 2, 2019 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: 2019 Financial Items BACKGROUND There are 3 items that need to be reviewed by the council on an annual basis. Two of the items have attached resolutions and the other item need to be authorized and reviewed by the council. Each year the city designates financial institutions that may be used as depositories for city funds. The attached resolution lists those institutions that may be used in 2019. Minnesota statue 118A.03 requires that to the extent city funds in a financial institution exceed FDIC insurance amounts, a collateral security be pledged to cover the difference. The attached resolution states the collateral that is in place for the city at Deerwood Bank. The council needs to authorize the finance director to execute electronic payments and prepay claims. This is not a change in process, but an acknowledgement that there are claims paid prior to your approval on the agenda. This item was recommended to be formally authorized by the city auditors. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolutions designating city depositories and accepting pledged securities. Staff recommends that the finance director is given the authority to prepay claims. This action requires a majority vote of the city council. page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019 - 05 RESOLUTION ESTABLISHING 2019 CITY DEPOSITORIES OF FUNDS BE IT RESOLVED by the city council of the City of Mendota Heights that the following institutions be designated as depositories for city funds and securities for 2019: Deerwood Bank Wells Fargo Bank Cherokee State Bank Gateway Bank U.S. Bancorp Piper Jaffray & Co. TCF National Bank Minnesota Municipal Money Market Fund Wells Fargo Advisors, Inc. BE IT FURTHER RESOLVED that investments of city funds be in any securities authorized by Minnesota Statutes Chapters 118A.04 and 427.02. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY __________________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 45 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2019 - 06 RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2019 WHEREAS, every designated depository of city funds must provide collateral or other security to the city to protect against financial loss, pursuant to Minnesota Statutes Chapter 118A.03 and 427.01; and WHEREAS, all financial institutions designated as depositories for 2019 are members of the Federal Deposit Insurance Corporation (FDIC) which provides suitable security up to established limits; and WHEREAS, the city’s depositories in financial institutions routinely exceed these established limits necessitating the provision of additional security. NOW THEREFORE BE IT RESOLVED that the following pledged securities be accepted by the city as additional collateral for calendar year 2019. Deerwood Bank $740,000 FHLMC 2.125% due 12/29/2020 $200,000 FHLB 2.100% due 12/29/2020 $2,500,000 FHLB 2.180% due 06/22/2021 Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS By _____________________________ Neil Garlock, Mayor ATTEST: ______________________________ Lorri Smith, City Clerk page 46 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING October 9, 2018 The October meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 9, 2018, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Recreation Program Coordinator Meredith Lawrence called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Commissioners Steve Goldade, Ira Kipp, Bob Klepperich, Stephanie Levine, and Student Representative Matthew Boland. The following Commissioners were absent: Chair Pat Hinderscheid, David Miller, and Vice Chair Nissa Tupper. Staff present: Recreation Program Coordinator Meredith Lawrence and Public Works Director Ryan Ruzek. 2.a Election of Temporary Chair Motion Klepperich/second Goldade to appoint Commissioner Levine as Temporary Chair. AYES 4: NAYS 0: ABSENT: 3 3. Approval of Agenda Motion Klepperich/second Goldade to approve the agenda as presented. AYES 4: NAYS 0: ABSENT: 3 4.a Approval of Minutes from September 12, 2018 Regular Meeting Motion Klepperich/second Goldade to approve the minutes of the September 12, 2018 Regular Parks and Recreation Commission meeting and the minutes of the September 21, 2018 Special Parks and Recreation Commission meeting. AYES 4: NAYS 0: ABSENT: 3 5. Citizen Comment Period There were no comments 6. Unfinished and New Business 6.a Playground Improvements – Hagstrom King and Wentworth Parks At the last Parks and Recreation Commission Meeting, staff was directed to solicit updated layouts from Landscape Structures and Minnesota Wisconsin Playgrounds based on feedback the Commission received from an Open House at the end of August 2018. Working from materials provided to the Commission prior to the meeting, Public Works Director Ryan Ruzek reviewed the updated layouts received from Landscape Structures. Minnesota Wisconsin Playgrounds was unable to provide the requested updates due to the short notice. However, they did say that the original layout provided to the City at the July or August meeting would be acceptable to their current grant program (application deadline is October 31, 2018). They also requested a set budget for the playgrounds. Mr. Ruzek stated that the setting of a budget would most likely be done during a work session with the City Council. page 47 The Landscape Structures update included the addition of a zip-line structure with an increase in price from $102,000 to $158,000. This estimate does not include estimated site work. At Hagstrom-King, staff is proposing to start over with a whole new container and new surfacing material at an estimated additional cost of $25,000. Minnesota Wisconsin Playground had their original layout at Hagstrom-King estimated to be just under $127,000, which did include all of the site work. Using their grant program, that would allow for a reduction of approximately $35,000; equating to an estimated total of $91,823 – which also included a zip-line structure. Commissioner Kipp asked what were the substantial differences in the actual physical facility between the two proposals. Mr. Ruzek provided a general list of differences stating that they were more in style and decoration. Comments were shared on the price of playground equipment being more than what should be spent and the reaction of the City Council. In response to the question on what the next steps were, Mr. Ruzek replied that the Commission could make a recommendation to either stick with the Minnesota Wisconsin Playground layout and apply for the grant program; they could ask staff to present either of the layouts to the City Council; or ask staff to make an effort to schedule a work session in the future. The time crunch would be if the Commission wanted to take advantage of the Minnesota Wisconsin Playground grant. If the Commission was to decide to not pursue the grant, a workshop could be scheduled for sometime in November or December and still be on target to have new structures installed in the spring. Commissioner Goldade asked if they decided to apply for the grant would they be locked into purchasing the Minnesota Wisconsin Playground option or could they return the grant monies and go with Landscape Structures. Mr. Ruzek was unable to provide a definite answer; however, Minnesota Wisconsin Playground does offer this grant annually. Recreation Program Coordinator Meredith Lawrence stated that if the Commission did want to go through with the grant it would need to be brought to Council next week for approval. Mr. Ruzek confirmed. Chair Levine tried to compare the two options side-by-side and there were some features that were comparable, but there were quite a few that were not. She would not be comfortable recommending one or the other because she did not know enough about the features to know what would be the best deal for the city. The Minnesota Wisconsin Playground option does not incorporate any of the features that came out in the open house (it was submitted prior); however, Landscape Structures incorporates those items but is really expensive. She liked the suggestion of applying for the Minnesota Wisconsin Playground grant if there weren’t obligations on the part of the city; however, their option was not what the community wants. At this time, she would not comfortable making a commitment. She would be comfortable taking the next step – asking the Council for permission to apply for the grant on the condition that the city would not be under any obligation; and then commit to having a work session with the City Council that would go feature by feature with the price list and determine what would be included in the park. She would rather be deliberate than expedient. page 48 Ms. Lawrence noted that a decision for the grant would need to be made before October 31, 2018. It could be brought to the Council; however, there may not be enough time to bring it back to the Commission for a decision. Mr. Ruzek confirmed and stated that the city would need to place the order and take possession by December 31, 2018. However, to go to the Council saying this is what the Commission recommends and it’s not the park the community wants, he did not see any reason to waste staff or Minnesota Wisconsin Playground’s time. He stated that there would not be a second iteration from Minnesota Wisconsin Playground for this season’s grant program. Chair Levine, now knowing that there would not be a second iteration from Minnesota Wisconsin Playground, stated that she did not want this park for the community. The community was asked for input, which they provided, and the Commission needs to respect the people who are using the park and their tax dollars. Landscape Structures is closer to what is desired; however, it is too expensive. She suggested that the Commission work with Landscape Structures on an iteration that incorporates the features the community wants but at a lower price tag. After reviewing the features available from Landscape Structures she believed that choices could be made that would provide the experience for the children that the community wants but at a lower cost; for instance, a single zip-line rather than a double, or a two-person see-saw rather than a four-person seesaw, etc. Commissioner Klepperich noted that they were not going to be able to please everyone. The Commission needed to look at what people want and balance it with a budgetary amount; which seemed to him to be around the $125,000 figure. They needed a happy median between satisfying community members, if they can, and staying within a budget. Ms. Lawrence noted that the Commission needed to keep in mind that staff and the Commission is looking to do a park each year and, if that is the case, they would probably want to spend the same amount at each. Mr. Ruzek said that the next item to be reviewed would show the difference between a community park and a neighborhood park. Neighborhood parks are where the playgrounds are and they are designed to serve a certain neighborhood. He questioned if they wanted to provide the same things in a neighborhood park or if there were larger theme parks the Commission would desire. Chair Levine replied that the Commission talked about this and she felt that one of the fun things about a city is that each playground has a theme and, in her opinion, should have its own unique features. She would want to see each park having its own unique characteristic that would make it attractive. Commissioner Goldade stated that he believed the Council should set up a price range that makes sense. Mr. Ruzek replied that he did provide a range to the vendors when he asked for their first iteration; that range being $100,000 each playground with an extra $25,000 for Hagstrom-King to get the zip-line structure added to it. Commissioner Goldade also noted that at the last Commission meeting they decided to have a workshop and the Commission should hold the workshop. In regards to vendors, he loved Landscape Structures design elements; however, he understands that there is a great desire for the grant. He would love to know about that; however, he does not want that to be a gimmick that makes the Commission get a park they don’t want and have equipment they won’t be page 49 happy with down the road. He also believed that they should shoot for an install date of April 2019 and get feedback from the vendor – whoever that may be – on their timeline. Discussion and options for a sub-committee; to include members of the Commission, a Councilmember, and people from the community was discussed. Motion Klepperich/Second Goldade to direct staff to schedule a joint workshop with the City Council to discuss the next steps in terms of what is to be done as far as the purchase of playground equipment is concerned AYES 4: NAYS 0: ABSENT 3 Mr. Ruzek then noted that with this recommendation he did not address the Wentworth Park improvements but he believed this motion made that a moot point. It was also noted that Hagstrom-King and Wentworth Park would both move in parallel directions. Commissioner Goldade noted that there are two things going on at Wentworth; it would be nice if they somehow came together. Commissioner Levine noted that there has been talk of a citizen’s committee to raise money for Hagstrom-King. She asked Ms. Lawrence if she had any comments or follow-up on that. Ms. Lawrence replied that this is an item that the City Council would have to give approval for as the funds would be coming through the city. This item is planned to be discussed at an upcoming workshop with Council; a date has not been set but it could be a discussion along side the Parks & Rec improvement plan as well. 5.b City Park System Overview Public Works Director Ryan Ruzek noted that staff was asked to provide some data on the city park system, looking at a potential need for a park in the southwest quadrant of the city. Working from materials provided in the meeting packet, he then provided an explanation of the three types of parks that typically comprise a local park system; Neighborhood Park, Community Park, and Natural Resource Area. Neighborhood Parks in Mendota Heights include Friendly Hills, Hagstrom-King, Ivy Hills, Marie, Valley View Heights, Victoria Highland, and Wentworth. Community Parks include Kensington, Valley, Roger’s Lake, Mendakota, and Sibley Athletic Complex. Natural Resource Areas include Friendly Marsh, Copperfield Ponds, Valley Park, Pilot Knob Preservation, and Dodge Nature Center. Maps showing the location of the various parks within Mendota Heights were shared and it was noted that, based on the city’s draft 2040 Comprehensive Plan, the city currently provides more than enough park acreage for the number of residents. Discussions ensued and questions were asked about the size and location of the various parks, if there were enough children in the area to support a park, and if the city actually had too many parks and maybe some could be taken offline and the land used for other things. Any serious discussions on future park development would need to occur jointly with the City Council. page 50 6. Reports 6.a Par 3 Update Recreation Program Coordinator Meredith Lawrence shared the Financial Report for the Par 3 Golf Course, noting that the year-to-date revenue total is up from last year’s total by $12,787; after expenditures they are currently showing a profit of $11,616 for the 2018 season so far. The golf course was closed on Monday, September 17, 2018 for aeration of the greens and fall maintenance. Due to a thatch problem on the greens staff will try to start aerating twice a year in the future. The irrigation system is scheduled to be blown out on October 19, 2018. Fall rate and fall hours are now in affect; currently 9:00-5:30 and after October 15, 2018 the hours will be 9:00-5:00. Rates are $9.00 per round per person for golf and $6.00 per round per person for footgolf. It is hoped that the course will remain open through October 2018 but is dependent on the weather. Discussions followed on the condition of the golf course equipment, costs of repairing or replacing said equipment, and other options for funds to pay for those repairs or replacements. 6.b Recreation Update Recreation Program Coordinator Meredith Lawrence explained that Fall Registration opened on September 1, 2018 and include gymnastics, fall field trip, family fall party, and the superhero masquerade. She then shared the various upcoming activity schedules. The Movie in the Park held at Mendakota on September 22, 2018 was well attended. The movie shown was Moana. The city is currently hiring warming house/rink attendants, rink flooders, and a skating instructor – apply on the city’s website. The Halloween Bonfire is scheduled to take place on October 31, 2018 from 7:00-9:00 pm in the vacant lot behind Mendota Plaza. This year the city will be supplying oak pallets for the bonfire – residents will not be allowed to bring brush to the site. Information on the possibility of creating an Adopt-A-Park Program will be provided at the Commission meeting in November. Staff submitted a proposal to the University of Minnesota Student Community Partnership program to complete a community survey. Updates will be provided. 6.c Commissioner Park Updates Commissioner Goldade had no updates. Commissioner Kipp expressed his appreciation to staff for cleaning out some of the brush at Rogers Lake Park as it made it a much friendlier place for the younger kids. They did a wonderful job. page 51 Commissioner Klepperich noted that baseball season is over but he noticed some usage over at the Civic Center Baseball Field. He stated that this field might be a candidate for some sort of refurbishing in the spring – maybe redo the pitcher’s mound, the play area, and get rid of the lips around the infield, etc. He also noticed that the batting cages need some work. He was very impressed at Mendakota as he knows there is soccer there and the turf is holding up very well. Chair Levine stated that work is well underway at Marie Park on the tennis courts and it looks like the both layers are down. She was surprised at the quick process. Public Works Director Ryan Ruzek provided an update on the Wentworth Park Warming House. 7.a Announcements Recreation Program Coordinator Meredith Lawrence asked if the Rogers Lake Subcommittee had met and, if so, she requested an update. Commissioner Goldade replied that the subcommittee met last Sunday at Rogers Park, they started at the skateboard park and spoke with 3-4 skateboarders and received feedback from them on the improvements that had been made. They did notice a light out in both the upper and lower parking lots. As they continued they encountered a family having senior pictures taken and they looked at the beautiful playground and noted that it was in great shape. They did notice signage of a community member’s property and wondered if others were walking through that property. They noticed that some of the picnic tables at the pavilion needed some help. They were surprised at the amount of garbage; however, it did not deter from the beauty of the park. He made the suggestion to the listeners to pick up after themselves. Student Representative Matthew Boland provided a brief update on the student activities of the water quality studies they do each year. He noted that the lake has gotten cleaner over the last three years and he attributed that to the buffer zones between the residential yards and the lake. Commissioner Goldade concluded by stating that the Chief of Police provided an overview of the Police Calls to the park. There are a wide variety of things the Police Department is called to the park for. It did not seem to him that there was a trend or pattern; however the subcommittee did not do an in-depth review. Chair Levine gave a shout-out to local sports teams if they were interested in doing a fund raiser, they could easily have their friends and neighbors sponsor them to clean up one of the city parks. 7.b Commission Comments Student Representative Matthew Boland commented that it was very beneficial to him to go to Rogers Lake and see and understand the skate park and meet some of the skaters and the condition of the park in general. Commissioner Goldade noted that the skaters they met at the skate park had a group messaging system and they were willing to send out a message; they also shared their page 52 appreciation of the work that had been done earlier in the summer; and it was very nice meeting with them. He thanked Ms. Lawrence for the Moana movie showing, it was a wonderful event. He made the recommendation that the city continue to look for partnerships and continue to build on the momentum of the Movie in the Park. He also suggested that maybe having the Movie in the Park immediately after an event could take advantage of the built-in crowd. He also expressed his appreciation to Assistant City Administrator Cheryl Jacobson for applying for the University of Minnesota opportunity to have someone work on the survey project. Commissioner Kipp stated that he had an opportunity last Thursday to attend the Planning Commission meeting, which was about the planned work at Henry Sibley High School for new athletic facilities. There were citizen comments from people who were really not in favor of certain aspects of the project. Everything that was said was done in a civil, kind, and understanding way. They were well organized and he gave them credit for that. In addition, there was a huge turnout of representatives from Henry Sibley High School, particularly students. They did a great job of showing their side of the story. He was very impressed with the proceedings of the evening. The Planning Commission voted 7-0 to move forward with that project and will go to the City Council this coming Tuesday. Chair Levine thanked staff and the crews for everything they do to ensure that she can take her walks and not have barriers. Regarding the playground, she was proud of the Commission and of the city. She knows that when something is done and community input is received – it is not the easiest way of doing things. However, the Commission and the city will end up with a product they can be happy with. She appreciated staffs patience and their willingness to work with the Commissioners – who are not professionals. 8. Adjourn Motion Klepperich/Second Goldade to adjourn the meeting at 7:50 PM AYES 4: NAYS 0: ABSENT 3 Minutes Taken By: C. Darlene Oehlke Independent Contractor page 53 DATE: January 2, 2019 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: September Par 3 Financial Report COMMENT: Introduction: The Council is asked to review and accept the September Par 3 Financial Report. Discussion: The Par 3 closed on October 31st for the 2018 season. The course had a total of 7,915 rounds of golf played throughout the year. Staff is working on additional ways to market the course next year, and add special events designed to bring players to the course in 2019. Budget Impact: Revenues: During the month of September, 2018, the course had a total of 680 rounds of golf played. The total monthly revenue for September was $10,890, which includes greens fees, recreation programs and concessions. The year-to-date revenue total was $129,666 (months of May, June, July, August, and September). The year’s year-to-date revenue total was down from last year, which totaled $140,638. Based on staff’s data in the month of October, the course experienced fewer golfers than usual due to wetter- than-normal weather. Expenditures: September expenditures totaled $11,234. The year-to-date expenditure total was $118,460, but that does not count the capital expenditures made from other City funds for a replacement mower, and debris blower. An end of year financial report will be presented at a future meeting. Action Required: The Council is asked to review and approve the September, 2018 Financial Report for the Par 3. page 54 page 55 page 56 page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Authorize Purchase of Asst. Fire Chief Vehicle Date: January 2, 2019 Comment: Introduction: The Council is asked to authorize the purchase of a replacement vehicle for the Assistant Fire Chief. Background: Attached is a memo from the Assistant Fire Chief to Chief Dreelan, noting the need to replace the existing 2004 Chevrolet Tahoe. This replacement was discussed with the Council during the 2019 Budget review, and given budgetary approval. This is on the state bid, which addresses the competitive bid requirement. Budget Impact: As shown in Asst. Chief Goldenstein’s memo, the net cost after trade-in is estimated to be $40,675. The 2019 Budget includes $41,000 for this purchase. It is one of the vehicles and pieces of equipment which is to be funded from the City’s fund balance. Recommendation: I recommend that the Council authorize the purchase. Action Required If the Council concurs, it should, by motion, authorize the purchase of a replacement for the 2004 Tahoe, for use by the Fire Department, at a cost of approximately $40, 675. page 66 DATE: January 2, 2019 TO: Chief Dave Dreelan FROM: Assistant Chief Scott Goldenstein SUBJECT: Replacement of 2004 Chevrolet Tahoe BACKGROUND The 2019 CIP budget has funds allocated for the replacement of the 2004 Mendota Heights Fire Departments Tahoe which is assigned to the Assistant Fire Chief. The Tahoe was most recently slated for replacement in 2018 but due to other fire department and city needs, the purchase was pushed back an additional year. This vehicle is one of two utility vehicles that are assigned to the Chief and Assistant Chief as take home vehicles. Consequently, those two vehicles are typically the first to respond to emergency calls and upon their arrival provide an immediate scene size up and the establishment of a command post. The Tahoe has 44,500 miles on it and has been in service for nearly 15 years. The vehicle lacks the appropriate emergency and scene lighting, does not have appropriate storage systems for securing fire gear and equipment, and it’s starting to develop some mechanical issues. BUDGET IMPACT Currently there is $41,000 in the CIP budget for replacement of this vehicle. The replacement vehicle is on state contract and has an estimated cost of $36,975.00. Up-fitting the vehicle with graphics, emergency lighting, sirens, radios, mobile computer and storage systems, etc., is estimated to be approximately $11,700.00 (bids from both Action Fleet & Emergency Automotive Technologies, Inc.). Total cost is anticipated to be approximately $48,675.00 before trade and after trade ($8,000), approximately $40,675.00. page 67 RECOMMENDATION It’s my recommendation that we move forward with replacement of the 2004 Tahoe with a new 2019 Ford Expedition SSV (Special Service Vehicle) purchased from Midway Ford. The additional up-fitting project will be awarded to a local company based on the lowest responsible bid. Total expenditure is estimated at $40,675.00 (after trade) of which is currently budgeted in the 2019 CIP budget. page 68 Request for City Council Action MEETING DATE: January 2, 2019 TO: Mayor Garlock and City Council; City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving a Conditional Use Permit Amendment to allow an Electronic LED Display Sign for Speedway Fuel Station – 1080 Highway 62 [Planning Case No. 2018-28] Introduction City Council is asked to consider adopting a resolution, which would approve a request from Sevan Site Solutions, acting on behalf of Realty Income Properties 3, LLC, of a conditional use permit amendment to allow new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station and convenience store, located at 1080 Highway 62. Background On April 16, 1996, the City Council adopted Res. No. 96-20, which approved a conditional use permit and variances that allowed the development of the original SuperAmerica station at this location. The property is located in the B-2 Neighborhood Business district; contains a 4,300 sq. ft. gas station/convenience store and car-wash bay; and a freestanding monument sign near the front northeasterly corner. The current sign consists of a static (back-lit) “Speedway” main panel sign, with smaller fuel category/pricing, banking/ATM and carwash signage. The gas pricing panels have plastic numeric characters, which must be changed manually by Speedway personnel as needed. The new electronic signs will make the manual sign process obsolete, as the prices can be changed remotely inside the store. Pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit. At the December 20, 2018 Planning Commission meeting, a planning report was presented on this item; and a public hearing was conducted. There were no comments or objections from the public. A copy of the 12/20/18 Planning Staff Report, along with the PC meeting minutes (excerpts) are attached. Recommendation The Planning Commission recommended unanimous approval (4-0) of the Conditional Use Permit with findings of fact to support said approval. If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2019-02 APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW NEW ELECTRONIC (LED) DISPLAY SIGNS FOR SPEEDWAY FUEL STATION, LOCATED AT 1080 HIGHWAY 62. Action Required This matter requires a simple majority vote. page 69 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-02 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN ELECTRONIC LED DISPLAY SIGN FOR SPEEDWAY FUEL STATION LOCATED AT 1080 HIGHWAY 62 [PLANNING CASE NO. 2018-28] WHEREAS, Sevan Site Solutions, (the "Applicant") acting on behalf of Realty Income Properties 3, LLC and Speedway LLC (the “Owner”) requests approval of a conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) fuel station and convenience store located at 1080 Highway 62, as proposed under Planning Case No. 2018-28, and legally described in the attached Exhibit A; and WHEREAS, pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit; and WHEREAS, on December 20, 2018, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit amendment request, and whereupon closing the hearing, recommended unanimous (4-0 vote) approval of said application request, which would allow the Applicant to install a new electronic LED lighted display signs at the existing Speedway site located at 1080 Highway 62; with certain findings of fact and conditions noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1080 Highway 62 and as proposed under Planning Case No. 2018-28, can be approved based on the following findings of fact: A. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in page 70 harmony with the general purpose and intent of the City Code and the comprehensive plan. B. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1080 Highway 62, is hereby approved with the following conditions: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-20 shall remain in effect and unchanged due to this CUP amendment approval. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 71 EXHIBIT A Property Address: 1080 Highway 62, Mendota Heights MN 55120 PID: 27-19750-01-010 Legal Description: LOT 1, BLOCK 1, DAKOTA VALLEY VIEW ADDITION, DAKOTA COUNTY, MINNESOTA. [Abstract Property] page 72 Planning Staff Report MEETING DATE: December 20, 2018 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2018-28 Conditional Use Permit Amendment – Electronic LED Display Sign APPLICANT: Sevan Multi-Site Solutions PROPERTY ADDRESS: 1080 Highway 62 ZONING/GUIDED: B-2 Neighborhood Business / B - Business ACTION DEADLINE: January 29, 2019 DESCRIPTION OF REQUEST Sevan Site Solutions, acting on behalf of Realty Income Properties 3, LLC (and Speedway), is seeking an amendment to a conditional use permit to provide a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station and convenience store, located at 1080 Highway 62 (formerly Hwy 110). The property is generally located at the southeast corner of HWY 62 and Lexington Avenue (see GIS image – below). This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press; and notice letters of this hearing were mailed to all owners within 350-feet of the subject property. page 73 Planning Case 2018-29 (Speedway-1080 HWY 62) Page 2 of 4 BACKGROUND The subject property is located in the B-2 Neighborhood Business district. The site contains a 4,300 sq. ft. gas convenience store building, with gas dispenser islands and lighted canopy. On April 16, 1996, the City Council adopted Resolution No. 96-20, which approved a conditional use permit and variances that allowed the development of the original SuperAmerica station on this site. The existing (main) sign is a freestanding monument-style sign, located in the upper northeasterly corner of the site, with visibility primarily off Hwy 62 to the north. The sign is approx. 7-ft. in height, with a static (back-lit) store identifier sign panel, and a smaller, combined static (back-lit) panel for “Wells Fargo ATM and Car Wash”. The sign also contains a static (back-lit) fuel category signage, with plastic character/letterings that reflect daily fuel prices, which must be changed manually by Speedway personnel as needed. SuperAmerica was originally a local chain of gas station convenience stores that started in St. Paul in 1960. As of October 1, 2018, the conversion of all SA stores to the Speedway brand began under new owner Marathon Petroleum Corp., which finalized the purchase and acquisition of SA’s holding company Andeavor. As part of this re-branding, new signs were ordered and completed on the two local Speedway sites, and the company is now seeking to improve/update the store’s pylon signs with new digital LED display panels for daily gasoline prices (see images below): page 74 Planning Case 2018-29 (Speedway-1080 HWY 62) Page 3 of 4 ANALYSIS of CONDITIONAL USE PERMIT Pursuant to Title 12-1D-15 SIGNS, Subpart. I.3: Electronic Displays at Motor Fuel Stations: Electronic displays, including light emitting diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions: a. The characters in an electronic display must be a uniform color. b. Any electronic display is limited to a maximum of four (4) characters. c. The total area for an electronic display is not to exceed six (6) square feet in area. d. The text of the sign may not change more than three (3) times in a day (24 hours). e. The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station. f. Any existing motor fuel station seeking a permit for electronic display of fuel prices shall submit a request to amend their conditional use permit. The proposed signs will accommodate four (4) characters, LED electronic changeable price display area only. No other part of the sign will be electronic or changeable. The LED price display areas attributed to each fuel category (i.e. “Unleaded”, “Ethanol”) is approximately 28” (w) x 14” (h), or 2.72 sf. of display area. Factoring in the nine-tenths (superscript-9) symbol, the total display areas is approximately 3-sf. for each price display. As noted in the above section, since this is an existing fuel station seeking permission of an electronic display of prices on new/existing signage, the owner must request to amend their CUP. Title 12-1L-6-E-1 of the City Code contains specific standards for reviewing a conditional use permit request; and the following are to be taken into consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; existing and anticipated traffic conditions including parking facilities on adjacent streets; and the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Staff believes the proposed electronic LED display board, and the minimal size of the new LED (changeable) characters, will not be detrimental to the health, safety or general welfare of the community; nor should pose any problems or impact to the neighboring businesses or the adjacent highway and local roadway traffic. Staff also believes the proposed new signage can be considered to be in harmony with the general purpose and intent of the City Code; and that there is no reason to believe that the proposed signage page 75 Planning Case 2018-29 (Speedway-1080 HWY 62) Page 4 of 4 request will be contrary to the standard of review for conditional use permits listed above; and should be compatible with the spirit and intent of the B-3 General Business District. ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend APPROVAL of the Conditional Use Permit Amendment, based on the findings of fact that the proposed new LED display signs will be compliant with the standards and regulations of the City Zoning Code; or 2. Recommend DENIAL of the Conditional Use Permit Amendment, with specific findings of facts (as determined by the Planning Commission) that support such denial; or 3. TABLE the request, pending additional information as requested by the Planning Commission and direct city staff to make certain revisions before final consideration is given on this planning item; with direction to extend the application review period an additional 60 days, in compliance with Minnesota State Statute. STAFF RECOMMENDATION City staff recommends approval of the Amendment to the Conditional Use Permit of the Speedway (former SuperAmerica) fuel station and convenience store, located at 1200 Mendota Heights Road, with the following conditions: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. FINDINGS OF FACT FOR APPROVAL Conditional Use Permit Amendment for Electronic LED Display Signs Speedway Store – 1080 Highway 62 The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. page 76 page 77 page 78 page 79 N REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4521\01-CAD\4521_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 10:23 AM PLOTTED: 11/27/2018 1:24 PMCUSTOMER THIS DOCUMENT IS AND SHALL REMAIN THE PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF THIS DOCUMENT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PROHIBITED. ;NOT PUBLISHED: ALL RIGHTS RESERVED.Ϳ COPYRIGHT BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4521 500 SPEEDWAY DR ENON, OH 45323 ϵ37.864.3000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4521 PROPOSED SPEEDWAY #4521 1080 HIGHWAY 110 MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) DAKOTA DRIVE PROJECT DESCRIPTION: ·RE-BRAND BUILDING, CANOPY, AND SITE ID SIGNS. A1.01 N SCALE: 1" = 40' SITE PLAN NOT TO SCALE LOCATION MAP EXISTING IMPROVEMENTS ARE SHOWN BASED ON EXISTING AVAILABLE AERIAL IMAGERY. ALL DIMENSIONS ARE APPROXIMATE AND COMPONENTS ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE AVAILABLE INFORMATION. FINAL DIMENSIONS AND LOCATIONS NEED TO BE VERIFIED PRIOR TO PURCHASE AND/OR INSTALLATION OF ANY NEW EQUIPMENT. CANOPY #1 SPEEDWAY 4521 C-STORELEXINGTON AVENUEA 68.3' 57.8'45.5'55.3'7.7'6.6' 65.8' 11.07.181 REVISION #1 11.27.182 CONDITIONAL USE AMENDMENT PARCEL ID NUMBER: 27-1ϵ750-01-010 page 80 REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4521\01-CAD\4521_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 10:23 AM PLOTTED: 11/27/2018 1:00 PMCUSTOMER THIS DOCUMENT IS AND SHALL REMAIN THE PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF THIS DOCUMENT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PROHIBITED. ;NOT PUBLISHED: ALL RIGHTS RESERVED.Ϳ COPYRIGHT BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4521 500 SPEEDWAY DR ENON, OH 45323 ϵ37.864.3000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4521 PROPOSED SPEEDWAY #4521 1080 HIGHWAY 110 MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) A1.04NOT TO SCALE ID SIGNA EXISTING PROPOSED REPLACE FACE ON ILLUMINATED "SPEEDWAY" LOGO SIGN AREA: 45.66 S.F. REMOVE FACE ON ILLUMINATED "SUPER AMERICA" LOGO SIGN AREA: 45.66 S.F.5'-6"8'-3 5 8" REMOVE EXISTING "SUPERAMERICA" PRODUCT PLACARD 5'-6"8'-3 5 8" REPLACE WITH "SPEEDWAY" PRODUCT PLACARD REPLACE WITH DIGITAL PRICE SIGN AREA: 38.66 S.F. REMOVE SCROLLING PRICE SIGN AREA: 38.66 S.F. 11.27.182 8'-7 3 4"5'-5 18"CONDITIONAL USE AMENDMENT page 81 REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4521\01-CAD\4521_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 10:06 AM PLOTTED: 11/27/2018 10:09 AMCUSTOMER T,IS DOCUMENT IS AND S,ALL REMAIN T,E PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF T,IS DOCUMENT tIT,OUT T,E EyPRESSED tRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PRO,IBITED. ;NOT PUBLIS,ED: ALL RIG,TS RESERVED.Ϳ COPYRIG,T BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4521 500 SPEEDtAY DR ENON, O, 45ϯ2ϯ 9ϯ7.864.ϯ000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4521 PROPOSED SPEEDWAY #4521 1080 HIGHWAY 110 MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) A5.03 11.07.181 REVISION #1 11.27.182 CONDITIONAL USE AMENDMENT page 82 Excerpts – Speedway CUP (Signs) December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES December 20, 2018 The regular meeting of the Mendota Heights Planning Commission was held on Thursday, December 20, 2018 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Patrick Corbett, Michael Noonan, Mary Magnuson, Michael Toth, and Brian Petschel. Those absent: John Mazzitello, Michael Toth, and Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of November 27, 2018 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT TO APPROVE THE MINUTES OF NOVEMBER 27, 2018, AS PRESENTED. AYES: 4 NAYS: 0 ABSENT: 3 Hearings A) PLANNING CASE #2018-28 SEVEN SITE SOLUTIONS-APPLICANT / SPEEDWAY-OWNER 1080 HIGHWAY 62 CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR NEW ELECTRONIC DIGITAL LED DISPLAY SIGN FOR GAS PRICES B) PLANNING CASE #2018-29 SEVAN SITE SOLUTIONS-APPLICANT / SPEEDWAY-OWNER 1200 MENDOTA HEIGHTS ROAD CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR NEW ELECTRONIC DIGITAL LED DISPLAY SIGN FOR GAS PRICES Community Development Director Tim Benetti noted that Planning Case 2018-28 and Planning Case 2018-29, being very similar in nature, would be presented together. Working from the staff reports provided to the Commission previously, Mr. Benetti explained Sevan Site Solutions was seeking an amendment to a conditional use permit to provide a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station page 83 Excerpts – Speedway CUP (Signs) December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 5 and convenience stores located at 1080 Highway 62 and 1200 Mendota Heights Road. Both items were presented under a public hearing; notices were mailed to properties located within 350 feet of each property and published in the local paper. No comments were received from the neighboring property owners. The property located at 1080 Highway 62 is located on the southeast corner of Highway 62 and Lexington Avenue; in the B-2 Neighborhood Business District; is 1.22 acres in size with a 4,300 square foot gas convenience store building with a car wash canopy and a monument sign out front. On April 16, 1996 City Council adopted Resolution 96-20, which approved the original conditional use permit for the new development of the SuperAmerica gas station on that site. The property located at 1200 Mendota Heights Road is located on the southeast corner of Highway 55 and Mendota Heights Road; in the B-3 General Business District; is 2.0 acres in size with a 4,300 square foot gas convenience store similar to the 1080 Highway 62 site. On April 16, 1996 City Council adopted Resolution 96-21, which approved the original conditional use permit for the new development of the SuperAmerica gas station on that site. In the B-2 Neighborhood Business District and in the B-3 General Business District, city’s sign code allows a sign up to 100 square feet for both a pylon or monument sign, or freestanding. The current sign on Highway 62 is approximately 88 square feet. The current sign on Mendota Heights Road is just under 100 square feet. Speedway has already changed some of their signage and had originally decided to stay with the manual changing of the signs. However, now they are requesting to install the LED fixture to be reinserted, thus creating a new sign permit process. Each area is approximately 3 square feet in area or 6 square feet total. Basically, they wish to swap out the manual change letters and install new LED red display signs. This would be for the gas prices only. Under code 12-1d-15, any signs at a motor fuel station for LED has to meet six conditions: a The characters in an electronic display must be a uniform color b Any electronic display is limited to a maximum of four (4) characters c The total area for an electronic display is not to exceed six (6) square feet in area d The text of the sign may not change more than three (3) times in a day (24 hours) e The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station f Any existing motor fuel station seeking a permit for electronic display of fuel prices shall submit a request to amend their conditional use permit For the record, Mr. Benetti noted that the local BP Gas Station, before this ordinance was in place, had their digital sign approved under a variance process. Under city code, any conditional use permit request has to have the following standards taken in to consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; page 84 Excerpts – Speedway CUP (Signs) December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 5 Existing and anticipated traffic conditions including parking facilities on adjacent streets; and The effect of the proposed use on the comprehensive plan The following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; Will not cause serious traffic congestion nor hazards; Will not seriously depreciate surrounding property value; and The proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan Staff believed that all of the above mentioned standards have been met and recommended approval of both applications. Commissioner Magnuson asked for confirmation that they are simply replacing the manual gas prices with the digital gas prices on the existing signs in the existing locations. Mr. Benetti confirmed. Commissioner Magnuson noted that on one of the sign photographs, unleaded letter was red and diesel was green. City Code requires that all of the characters be of uniform color. She then asked if that meant that the entire sign has to be of uniform color or each of the characters. Mr. Benetti replied that he believed that each of the characters needed to be of uniform color. Commissioner Noonan asked for confirmation that they were amending the CUPs that were enacted in 1996; which Mr. Benetti provided. He then asked if the CUPs were specific in terms of calling out the requirements for signage. Mr. Benetti replied in the negative. Commissioner Noonan asked if there were specific details in the CUPs illustrating the sign. Mr. Benetti again replied in the negative. Commissioner Noonan asked for confirmation that there were no conditions or plans dealing with signage. Mr. Benetti confirmed. Commissioner Noonan continued by stating that then one could argue that if the original CUPs were silent; therefore, there is nothing to be amended. Mr. Benetti replied that the code states that the original CUP needs to be amended. The use itself is allowed under a CUP. Commissioner Noonan, looking at the staff recommendations, specifically where it reads ‘all existing conditions’, noted that none of the conditions were being changed and that no new conditions were being implemented. Mr. Benetti replied that because these were originally approved under a CUP, then they needed a CUP amendment. Commissioner Magnuson commented that she could go either way on the color. She asked that it be flagged for some consideration or to let the Council decide how they want to interpret the ordinance. Mr. Steve Morse with Speedway came forward to address the Commission and to answer questions. He explained that original CUP for the 1080 Highway 62 property restricts the products that can be sold – they are not allowed to sell diesel fuel at that location. This is why page 85 Excerpts – Speedway CUP (Signs) December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 5 there are not two different colors for the gas prices. Wherever one would go, the standard color for diesel fuel prices is green; both in the handle of the dispenser, the dispenser itself, and the price. E88 is sometimes indicated with a blue color or a white color. The grades of gasoline are dictated by that color. The selling of diesel fuel is permitted at the Mendota Heights Road facility and that is why there are two different colors for the gas prices; red for regular and green for diesel. Commissioner Noonan asked how long has the LED technology been available. Mr. Morse replied that he has been working with SuperAmerica (now known as Speedway) since 1998 and at that time all of the signs were the crank-style. In the early to mid-2000’s is when they started seeing the LED technology come out – it was very expensive at that time. Due to safety issues with the crank-style or suction-cup style lettering, a concerted effort was made to change to LED. Chair Field opened the public hearing. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARINGS. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field asked if there were any restrictions on frequency of changes of prices in the BP sign variance. Mr. Benetti replied that there may have been; Commissioner Magnuson replied that she believed there was. Chair Field noted that the Commission would want to be consistent between BP and Speedway. Mr. Benetti pointed out item D in the ‘Electronic Displays at Motor Fuel Stations’ conditions that reads D. T he text of the sign may not change more than three (3) times in a day (24 hours)’. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-28 CONDITIONAL USE PERMIT AMENDMENT – ELECTRONIC LED DISPLAY SIGN BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. AND WITH THE FOLLOWING CONDITIONS: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. page 86 Excerpts – Speedway CUP (Signs) December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 5 of 5 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. Commissioner Noonan stated that he thought the explanation on the colors was very helpful; it tied the relationship between the colors on the sign and the colors of the pump; and then there is the non-verbal reminder as to what is one versus the other. Commissioner Magnuson stated that she thought the explanation was excellent and she would have not have a problem necessarily with the different colors. She believed that, given the language of the ordinance, they should have an on-record interpretation so that it is clear going forward and that there is uniform application throughout the city. Mr. Benetti replied that this could be done in the staff reports easily. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-29 CONDITIONAL USE PERMIT AMENDMENT – ELECTRONIC LED DISPLAY SIGN BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit AND WITH THE FOLLOWING CONDITIONS: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. page 87 Request for City Council Action MEETING DATE: January 2, 2019 TO: Mayor Garlock and City Council; City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving a Conditional Use Permit Amendment to allow an Electronic LED Display Sign for Speedway Fuel Station - 1200 Mendota Heights Road [Planning Case No. 2018-29] Introduction City Council is asked to consider adopting a resolution, which would approve a request from Sevan Site Solutions, acting on behalf of Realty Income Properties 3, LLC, of a conditional use permit amendment to allow new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station and convenience store, located at 1200 Mendota Heights Road. Background On April 16, 1996, the City Council adopted Res. No. 96-21, which approved a conditional use permit and variances that allowed the development of the original SuperAmerica at this location. The property is located in the B-3 General Business district; contains a 4,300 sq. ft. gas station/convenience store and car- wash bay; and a freestanding pylon style sign near the westerly edge along the Hwy. 55 frontage. The current sign consists of a static (back-lit) “Speedway” main panel sign, with smaller fuel category/pricing, banking/ATM and carwash signs. The fuel pricing displays are manually changed by hand-crank system underneath the cabinet, which allows for the characters to scroll to desired prices. The new electronic (LED) signs will make the manual sign changing process obsolete, as fuel prices can be changed remotely from inside the store. Pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit. At the December 20, 2018 Planning Commission meeting, a planning report was presented on this item; and a public hearing was conducted. There were no comments or objections from the public. The Commission however, questioned whether or not the proposed dual colored LED displays (red text for unleaded fuel vs. green text for diesel) complied with the standard found in 12-1D-15, I.3, which states: a. The characters in an electronic display must be a uniform color. A representative of Speedway was present and offered testimony that the two prices are different color at this site, due to the original CUP condition that diesel can only be dispensed and sold at this site (the 1080 Hwy. 62 site is prohibited); and the red vs. green text display is a typical industry standards to differentiate between unleaded and diesel fuel grades or prices. page 88 The Commission eventually decided to have city staff provide a follow-up opinion and recommendation, and let the City Council determine if the two-color scheme for the different fuel grades is acceptable under this CUP Amendment request, and if the new signage meets the standard established in Sect. 12-1D-15, I.3. In Staff’s professional opinion: since the character colors for each fuel grade read-out (all red for unleaded and all green for diesel) are uniform, then the displays and proposed sign improvements presented in this case complies with and meets all standards under the City Sign Code. Therefore, this CUP Amendment allowing these new electronic-LED displays can be approved. A copy of the 12/20/18 Planning Staff Report, along with the PC meeting minutes (excerpts) are attached. Recommendation The Planning Commission recommended unanimous approval (4-0) of the Conditional Use Permit with findings of fact to support said approval. If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2019-03 APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW NEW ELECTRONIC (LED) DISPLAY SIGNS FOR SPEEDWAY FUEL STATION, LOCATED AT 1200 MENDOTA HEIGHTS ROAD. Action Required This matter requires a simple majority vote. page 89 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-03 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW AN ELECTRONIC LED DISPLAY SIGN FOR SPEEDWAY FUEL STATION LOCATED AT 1200 MENDOTA HEIGHTS ROAD [PLANNING CASE NO. 2018-29] WHEREAS, Sevan Site Solutions, (the "Applicant") acting on behalf of Realty Income Properties 3, LLC and Speedway LLC (the “Owner”) requests approval of a conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) fuel station and convenience store located at 1200 Mendota Heights Road, as proposed under Planning Case No. 2018-29, and legally described in the attached Exhibit A; and WHEREAS, pursuant to Title 12-1D-15 SIGNS, any existing motor fuel station seeking a permit for electronic display of fuel prices must submit a request to amend their conditional use permit; and WHEREAS, on December 20, 2018, the Mendota Heights Planning Commission conducted a public hearing on the proposed conditional use permit amendment request, and whereupon closing the hearing, recommended unanimous (4-0 vote) approval of said application request, which would allow the Applicant to install a new electronic LED lighted display signs at the existing Speedway site located at 1200 Mendota Heights Road; with certain findings of fact and conditions noted herein. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road and as proposed under Planning Case No. 2018-29, can be approved based on the following findings of fact: A. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in page 90 harmony with the general purpose and intent of the City Code and the comprehensive plan. B. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit amendment to allow a new electronic LED lighted display signs at the existing Speedway fuel station and convenience store site, located at 1200 Mendota Heights Road, is hereby approved with the following conditions: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-21 shall remain in effect and unchanged due to this CUP amendment approval. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 91 EXHIBIT A Property Address: 1200 Mendota Heights Road, Mendota Heights MN 55120 PID: 27-52250-02-010 Legal Description: LOT 1, BLOCK 2, NORTHLAND PLAZA, DAKOTA COUNTY, MINNESOTA. [Abstract Property] page 92 Planning Staff Report MEETING DATE: December 20, 2018 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2018-29 Conditional Use Permit Amendment – Electronic LED Display Sign APPLICANT: Sevan Multi-Site Solutions PROPERTY ADDRESS: 1200 Mendota Heights Road ZONING/GUIDED: B-3 General Business / B - Business ACTION DEADLINE: January 29, 2019 DESCRIPTION OF REQUEST Sevan Site Solutions, acting on behalf of Realty Income Properties 3, LLC (and Speedway), is seeking an amendment to a conditional use permit to provide a new electronic LED lighted display signs at the existing Speedway (former SuperAmerica) gas station and convenience store, located at 1200 Mendota Heights Road. The property is generally located at the southeast corner of Mendota Heights Road and HWY 55 (see GIS image – below). This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press; and notice letters of this hearing were mailed to all owners within 350-feet of the subject property. page 93 Planning Case 2018-29 (Speedway-1200 MH Rd.) Page 2 of 4 BACKGROUND The subject property is located in the B-3 General Business district. The site contains a 4,300 sq. ft. gas convenience store building, with gas dispenser islands and lighted canopy. On April 16, 1996, the City Council adopted Resolution No. 96-21, which approved a conditional use permit and variances that allowed the development of the original SuperAmerica station on this site. The existing (main) sign is a freestanding pylon style sign, approximately 25-ft. in height, and located on the west edge of the site, with visibility primarily off Hwy. 55 to the west. The sign currently contains a static (back-lit) store identifier sign panel (now “Speedway”), with two smaller, static (back-lit) panels for “Fresh Coffee” and “Wells Fargo ATM / Car Wash”. The sign also contains a static (back-lit) fuel category signage, with plastic character/letterings that reflect daily fuel prices, which must be changed manually by Speedway personnel as needed. SuperAmerica was originally a local chain of gas station convenience stores that started in St. Paul in 1960. As of October 1, 2018, the conversion of all SA stores to the Speedway brand began under new owner Marathon Petroleum Corp., which finalized the purchase and acquisition of SA’s holding company Andeavor. As part of this re-branding, new signs were ordered and completed on the two local Speedway sites, and the company is now seeking to improve/update the store’s pylon signs with new digital LED display panels for daily gasoline prices (see images below): page 94 Planning Case 2018-29 (Speedway-1200 MH Rd.) Page 3 of 4 ANALYSIS of CONDITIONAL USE PERMIT Pursuant to Title 12-1D-15 SIGNS, Subpart. I.3: Electronic Displays at Motor Fuel Stations: Electronic displays, including light emitting diodes (LED), or similar technologies may be permitted at motor fuel stations under the following conditions: a. The characters in an electronic display must be a uniform color. b. Any electronic display is limited to a maximum of four (4) characters. c. The total area for an electronic display is not to exceed six (6) square feet in area. d. The text of the sign may not change more than three (3) times in a day (24 hours). e. The electronic display shall be allowed only during the hours of operation approved in the conditional use permit for the motor fuel station. f. Any existing motor fuel station seeking a permit for electronic display of fuel prices shall submit a request to amend their conditional use permit. The proposed signs will accommodate four (4) characters, LED electronic changeable price display area only. No other part of the sign will be electronic or changeable. The LED price display areas attributed to each fuel category (i.e. “Unleaded”, “Diesel”) is approximately 28” (w) x 14” (h), or 2.72 sf. of display area. Factoring in the nine-tenths (superscript-9) symbol, the total display areas is approximately 3-sf. for each price display. As noted in the above section, since this is an existing fuel station seeking permission of an electronic display of prices on new/existing signage, the owner must request to amend their CUP. Title 12-1L-6-E-1 of the City Code contains specific standards for reviewing a conditional use permit request; and the following are to be taken into consideration: The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; existing and anticipated traffic conditions including parking facilities on adjacent streets; and the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Staff believes the proposed electronic LED display board, and the minimal size of the new LED (changeable) characters, will not be detrimental to the health, safety or general welfare of the community; nor should pose any problems or impact to the neighboring businesses or the adjacent highway and local roadway traffic. Staff also believes the proposed new signage can be considered to be in harmony with the general purpose and intent of the City Code; and that there is no reason to believe that the proposed signage page 95 Planning Case 2018-29 (Speedway-1200 MH Rd.) Page 4 of 4 request will be contrary to the standard of review for conditional use permits listed above; and should be compatible with the spirit and intent of the B-3 General Business District. ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend APPROVAL of the Conditional Use Permit Amendment, based on the findings of fact that the proposed new LED display signs will be compliant with the standards and regulations of the City Zoning Code; or 2. Recommend DENIAL of the Conditional Use Permit Amendment, with specific findings of facts (as determined by the Planning Commission) that support such denial; or 3. TABLE the request, pending additional information as requested by the Planning Commission and direct city staff to make certain revisions before final consideration is given on this planning item; with direction to extend the application review period an additional 60 days, in compliance with Minnesota State Statute. STAFF RECOMMENDATION City staff recommends approval of the Amendment to the Conditional Use Permit of the Speedway (former SuperAmerica) fuel station and convenience store, located at 1200 Mendota Heights Road, with the following conditions: 1. A new sign permit for the electronic LED change-over shall be submitted and approved prior to any work done on the signs. 2. All existing conditions in the original conditional use permit approved under Resolution No. 96-14 shall remain in effect and unchanged due to this CUP amendment approval. FINDINGS OF FACT FOR APPROVAL Conditional Use Permit Amendment for Electronic LED Display Signs Speedway Store – 1200 Mendota Heights Road The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed new electronic LED signage will not be detrimental to the health, safety or general welfare of the community; should not cause any traffic hazards; will not depreciate surrounding property value; and said signage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 2. The proposed new LED signage will be compliant with the conditions included in the City Code that allow it by conditional use permit. page 96 page 97 page 98 N REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4516\01-CAD\4516_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 12:54 PM PLOTTED: 11/27/2018 1:22 PMCUSTOMER THIS DOCUMENT IS AND SHALL REMAIN THE PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF THIS DOCUMENT WITHOUT THE EXPRESSED WRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PROHIBITED. ;NOT PUBLISHED: ALL RIGHTS RESERVED.Ϳ COPYRIGHT BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4516 500 SPEEDWAY DR ENON, OH 45323 ϵ37.864.3000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4516 PROPOSED SPEEDWAY #4516 1200 MENDOTA HEIGHTS RD MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) MENDOTA HEIGHTS ROAD PROJECT DESCRIPTION: ·RE-BRAND BUILDING, CANOPY, AND SITE ID SIGNS. A1.01 N SCALE: 1" = 40' SITE PLAN NOT TO SCALE LOCATION MAP EXISTING IMPROVEMENTS ARE SHOWN BASED ON EXISTING AVAILABLE AERIAL IMAGERY. ALL DIMENSIONS ARE APPROXIMATE AND COMPONENTS ARE LOCATED AS ACCURATELY AS POSSIBLE FROM THE AVAILABLE INFORMATION. FINAL DIMENSIONS AND LOCATIONS NEED TO BE VERIFIED PRIOR TO PURCHASE AND/OR INSTALLATION OF ANY NEW EQUIPMENT. CANOPY #1 SPEEDWAY 4516 C-STORE NORTHLAND DRIVEA155 .3 '250.5 '22.2'5 0 . 1 ' 47.8' 11.07.181 REVISION #1 11.27.182 CONDITIONAL USE AMENDMENT PARCEL ID NUMBER: 27-52250-02-010 page 99 REPLACE FACE ON ILLUMINATED "SPEEDWAY" LOGO SIGN AREA: 42.55 S.F. REMOVE FACE ON ILLUMINATED "SUPER AMERICA" LOGO SIGN AREA: 42.55 S.F. REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4516\01-CAD\4516_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 9:48 AM PLOTTED: 11/27/2018 10:12 AMCUSTOMER THIS DOCUMENT IS AND SHALL REMAIN THE PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF THIS DOCUMENT WITHOUT THE EyPRESSED WRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PROHIBITED. ;NOT PUBLISHED: ALL RIGHTS RESERVED.Ϳ COPYRIGHT BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4516 500 SPEEDWAY DR ENON, OH 45323 937.864.3000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4516 PROPOSED SPEEDWAY #4516 1200 MENDOTA HEIGHTS RD MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) A1.04NOT TO SCALE ID SIGNA EXISTING PROPOSED 8'-0 1 2"5'-3 12"8'-0 1 2"5'-3 12"REPLACE WITH DIGITAL PRICE SIGN AREA: 27.52 S.F. 11.07.181 REVISION #1 11.27.182 CONDITIONAL USE AMENDMENT 3'-5 34"8'-0 1 2"3'-5 34"8'-0 1 2" REMOVE SCROLLING PRICE SIGN AREA: 27.52 S.F. page 100 REVISIONS DESCRIPTIONDATENO. PROJECT NO.: PROJECT MANAGER:M. PISKO SHEET MANAGEMENT SHEET NUMBER FILE NAME: Y:\Shared\Clients\Speedway\Sevan Data-Shared\Brand Book Development\Brand Books - CAD\4516\01-CAD\4516_Speedway_Sign_BrandBook.dwg LAST SAVED BY: Vanderbeke, Michael SAVED DATE: 11/27/2018 9:48 AM PLOTTED: 11/27/2018 10:14 AMCUSTOMER T,IS DOCUMENT IS AND S,ALL REMAIN T,E PROPERTY OF SEVAN MULTI-SITE SOLUTIONS, INC. REPRODUCTION OR ALTERATION OF T,IS DOCUMENT tIT,OUT T,E EyPRESSED tRITTEN PERMISSION OF SEVAN MULTI-SITE SOLUTIONS, INC. IS PRO,IBITED. ;NOT PUBLIS,ED: ALL RIG,TS RESERVED.Ϳ COPYRIG,T BY SEVAN MULTI-SITE SOLUTIONS, INC. 2018 PROJECT MULTI-SITE SOLUTIONS DESIGN LLC. Corporate Office: 3025 Highland Parkway, Suite 850 Downers Grove, IL 60515 Phone: 312.756.7778 info@sevansolutions.com www.sevansolutions.com INTEGRITY | RESPECT | TEAMWORK | EXCELLENCE | CHARITY 4516 500 SPEEDtAY DR ENON, O, 45ϯ2ϯ 9ϯ7.864.ϯ000 SPEEDWAY LLC. SPEEDWAY RE-BRAND CURRENT SUPER AMERICA #4516 PROPOSED SPEEDWAY #4516 1200 MENDOTA HEIGHTS RD MENDOTA HEIGHTS, MN 55120 (DAKOTA COUNTY) A5.03 11.07.181 REVISION #1 11.27.182 CONDITIONAL USE AMENDMENT page 101 Request for City Council Action MEETING DATE: January 2, 2019 TO: Mayor Garlock and City Council, City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving a Variance to Height Limitation Standard for New Fire & Rescue Training Tower at the Mendota Heights Fire Station Property – located at 2121 Dodd Road [Planning Case No. 2018-30] Introduction The City Council is asked to consider adopting a resolution, which would approve a Variance from height limitations on certain structures in the R-1 One Family Residential Zone, which in this case is a new fire training tower to be constructed as part of the fire station improvement project. The subject property is located at 2121 Dodd Road. Background The current fire station was built in 1985, and consists of a 12,000 sf. building with 4 truck bays, offices, conference/meeting room, kitchen, TV/lounge area, and other areas. The building also contains a 34-ft. high (approximate) fire hose tower, which was used for the draining and drying out of fire hoses after usage. Although this tower is no longer needed for drying hoses, it is scheduled to remain in place. In July 2018, the City approved the issuance/sale of a GO bonds to help fund the fire station project. Plans include a large building expansion, along with a new fire/rescue training tower on the northeast corner of the building. This tower is proposed to be built at 40’-8” in height, which is slightly higher than the 37.5’ limit allowed under City Zoning Code for these types of structures. At the December 20, 2018 Planning Commission meeting, a planning report was presented on this item; and a public hearing was conducted. There was one neighboring property owner who voiced support of the variance and project; and no other comments or objections from the public. A copy of the 12/20/18 Planning Staff Report, along with the PC meeting minutes (excerpts) are attached. Recommendation The Planning Commission recommended unanimous approval (4-0 vote) of the Variance request from the City of Mendota Heights, with modified findings of fact. If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2019-04 APPROVING THE VARIANCE TO THE CITY OF MENDOTA HEIGHTS FOR THE FIRE STATION PROPERTY, LOCATED AT 2121 DODD ROAD. Action Required This matter requires a simple majority vote. page 102 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-04 RESOLUTION APPROVING A VARIANCE TO HEIGHT LIMITATION STANDARDS ON A NEW FIRE AND RESCUE TRAINING TOWER FOR THE MENDOTA HEIGHTS FIRE STATION - LOCATED AT 2121 DODD ROAD. (PLANNING CASE NO. 2018-30) WHEREAS, the City of Mendota Heights (the “Applicant” and “Owner”) applied for a Variance from height limitations on certain structures in the R-1 One Family Residential Zone, which in this case is a new fire and rescue training tower, to be constructed as part of the fire station improvement project, located at 2121 Dodd Road, and legally described in attached Exhibit A (the “Subject Property”); and WHEREAS, the subject property is located in the R-1 One Family Residential zoning district; and is therefore subject to certain underlying zoning standards, including height, and in this case is 25-feet for structures; and WHEREAS, pursuant to Title 12-1D-13-1, Zoning Code allows for increases in heights for certain structures, including fire and hose towers, whereby said structure are allowed to exceed the limitations of height standards by a 50% increase, or up to 37.5-ft. in total height; and WHEREAS, the Applicants are seeking to provide a new fire and rescue training tower of 40’-8” in height, which necessitates the request of a variance of 3’-2” to exceed the allowable increased structure height in the R-1 Zone; and WHEREAS, on December 20, 2018, the Mendota Heights Planning Commission conducted a public hearing on the proposed variance request, and whereupon closing the hearing, recommended unanimous (4-0 vote) approval of said variance application request, which would allow the Applicant to construct a new fire and rescue training tower up to 40’-8” in height, which is scheduled to be constructed as part of the Fire Station Improvement Project of 2019. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the variance of 3’-2” to exceed the allowable [increased] structure height in the R-1 One Family Residential Zone, in order to complete the construction of anew 40’-8” fire and rescue training tower at the Fire Station property, located at 2121 Dodd Road, can be supported and approved based on the following findings of fact: page 103 A. The request for the 3’-2” variance to exceed the maximum allowable height for the new fire training tower at this location, is relatively minor in its overall scope and impacts, and can be considered in harmony with the general purposes and intent of the ordinances; as the City proposes to use the property in a reasonable manner. B. The subject property has been established as a fire station site for a number of years, and is an institutional and vital public use within the R-1 One Family Residential district, which makes the property very unique and special when considering approval of this variance request. C. The requested variance to the height limitations are minimal and pose no threat or impacts to the surrounding properties or neighborhoods, and therefore this variance can be considered a reasonable request for this public safety and service facility. D. The importance of this new fire and rescue training towers has been demonstrated to be an integral feature to the continued success and safe training needs of the City’s volunteer fire fighting and rescue personnel; and serves as an important tool for sustaining the necessary training of these volunteers, which leads to the betterment of the community’s public safety. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the request of a variance of 3’-2” to exceed the allowable [increased] structure heights in the R-1 One Family Residential Zone, in order to complete the construction of a new 40’-8” fire and rescue training tower at the Fire Station property, located at 2121 Dodd Road, is hereby approved. Adopted by the City Council of the City of Mendota Heights this 2nd day of January, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 104 EXHIBIT A Property Address: 2121 Dodd Road, Mendota Heights MN 55120 PID: 27-02600-77-012 Legal Description: Part of the SE 1/4 of Section 26-TWSP 28-RGE 23 described as follows: Beginning at the NE Corner of South 1/2 of the SE 1/4 ; thence South 317-ft.; thence West 330- feet; thence North 323-ft.; thence East 330-ft.; thence South 6-ft. to the point of beginning. Abstract Property page 105 Planning Report: Case #2018-24 (Moberg)) Page 1 Planning Staff Report MEETING DATE: December 20, 2018 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2018-30 VARIANCE to Height Standard in the R-1 District APPLICANT: City of Mendota Heights (Fire Department) PROPERTY ADDRESS: 2121 Dodd Road ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: N/A DESCRIPTION OF REQUEST The City of Mendota Heights, acting on behalf of the Fire Department, is seeking a variance from the height limitations for certain structures, which in this case is a new 40’-8” high fire and hose tower to be constructed as part of the fire station expansion and remodeling project. The subject property is located at 2121 Dodd Road. A public hearing notice for this item was published in the local newspaper and notice letters were mailed to all surrounding properties within 350-feet of the subject property. As of the preparation of this report, there have been no comments or objections from neighboring residents. BACKGROUND The current fire station was built in 1985, and consists of a 12,000 sf. building with 4 truck bays, which houses the local fire department’s trucks and equipment, and provides internal spaces for offices, large conference/meeting room, kitchen service area, TV/lounge area, and berthing rooms for local ambulance service personnel. The building also contains a fire hose tower, which is approximately 34-feet in height. According to Fire Chief Dave Dreelan, the current hose tower was originally used to hoist and dry fire hoses after each use; whereupon drying, the hoses would be lowered, rolled back up and placed back on the fire trucks. This tower is only accessed by a stationary, step ladder and is not used for any type of special training (see Google Street image – below/next page). page 106 Planning Report: Case #2018-24 (Moberg)) Page 2 In July 2018, the City approved the issuance and sale of a general obligation bond in the amount of $7,000,000 to help fund the expansion and remodeling plans for the fire station facility. The plans include a large building expansion primarily on the north side of the facility, along with a larger tower, which will be used for specialized fire fighter training purposes. The tower is a bit wider and taller than the current hose tower, and includes an internal stairwell, with various window and doorway openings. Chief Dreelan provided the following explanations for the needs of this larger tower: “The interior of the tower has a stairway like you would find in any business or apartment buildings. The heights of the tower corresponds directly with the stairs so any changes to that height would affect the rise and run of each individual stair, which would cause a significant trip hazard. The interior of the tower also has multiple doors and windows, any changes to the tower height would affect their size and location, as example you may end up with a window opening that is at knee height.” The new tower image (partial) and height dimension are illustrated below: page 107 Planning Report: Case #2018-24 (Moberg)) Page 3 ANALYSIS The fire station is currently located in an R-1 One Family Residential district. As such, it is subject to certain underlying zoning standards, including setbacks and height. Normal height limitations for R-1 structures is 25-feet (measured at a mid-point for sloped/hipped roofs and the top edge of a flat roofed structure). Pursuant to Title 12-1D-13-1, Zoning Code allows for increases in heights for certain structures, such as belfries, chimneys, church spires, elevator penthouses, flagpoles, and fire and hose towers. These structure are allowed to exceed the allowable zoning district height standards by a 50% increase. In this case, the 25-ft. height standard for these specified structures in the R-1 zone can increase up to 37.5-ft. in height. Since the new training tower is 40’-8” in height, the height exceeds the height allowances provided under 12-1D-13-1 by 3.16-feet (or 3’-2”); thus a variance is in order. . Per City Code Section 12-1L-5, when reviewing and considering variances requests, the Planning Commission is tasked with the following: Before authorization of any variance, the request therefor shall be referred to the planning commission for study concerning the effect of the proposed variance upon the comprehensive plan and on the character and development of the neighborhood, and for its recommendation to the council for the granting of such variance from the strict application of the provisions of this chapter so as to relieve such difficulties or hardships to the degree considered reasonable without impairing the intent and purpose of this chapter and the comprehensive plan. The planning commission shall recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable. Furthermore, the City is required to find or determine if certain standards or findings have been met or warranted to grant such approval. These standards are noted below, with a follow-up analysis prepared by city staff: “The council may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties in carrying out the strict letter of the regulations of this chapter. "Practical difficulties", as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute practical difficulties.” 1. Is this request in harmony with the general purposes and intent of the ordinance and comprehensive plan; and are there any “practical difficulties” in connection with the variance; meaning does the property owner propose to use the property in a reasonable manner not permitted by this chapter? Staff believes the Planning Commission could easily find this request to be in harmony with the general purpose and intent of the ordinance and comprehensive plan. The added height of this new training tower is minimal (3’-2”), and the Code section allowing certain structures to page 108 Planning Report: Case #2018-24 (Moberg)) Page 4 exceed normal (principal) building heights, is reasonable application in certain structures such as this new training tower, and the request for the variance to exceed this height can be reasonably applied or given favorable consideration in this case. The fire station, along with the volunteer fire fighters and support staff, all provide an essential public safety duty and obligation to the community and surrounding cities. The ability to provide a suitable and effective training facility is crucial to ensuring all fire rescue personnel are properly and safely trained; and that the City has the best facilities or means in providing said training. The explanations provided by Chief Dreelan (above) are noteworthy, justifiable and reasonable in this case. Ultimately, the Planning Commission will be tasked to determine if this requested variance is reasonable and is in harmony with the general purpose and spirit of the Code. 2. Due to the nature of this variance request, is the plight of the landowner due to circumstances unique to the property not created by the landowner? The fire station is somewhat unique, in that it looks and functions as a public, institutional use inside a single-family (residential zoned) area. This facility and structure serves a specific purpose, and is larger than most other surrounding or typical residential type structures, and the new training tower can also be considered an added “unique feature” to this facility. Although the need for the variance to the height limitations is essentially being created by the landowner, it still leads to reasonable justification and safe argument that this property and its use have much more unique characteristics and qualities than a typical single-family residential structures. Therefore, the need for the variance appears to be a reasonable request. The Planning Commission will be tasked to determine if this requested variance is due to circumstances unique to the property, and if this request can be considered reasonable under this application. 3. Would the variance, if granted, alter the essential character of the neighborhood? The fire station has been in existence on this location since 1985. The facility with the current hose tower appears to have never been an issue or source of complaints from any neighboring property owners. The expansion of the facility will take place all on the current site, with no setback reductions (encroachments) or other special exemptions. The new training tower appears to be virtually similar in size and scale to the existing hose tower, and the increased height should not affect or impact any neighboring properties, which include Mendakota Golf to the north and west; city owned Mendakota Park to the south, or the single-family residential properties across the street. The Planning Commission will be tasked to determine if this requested variance, if granted, would alter the essential character of the neighborhood. page 109 Planning Report: Case #2018-24 (Moberg)) Page 5 ALTERNATIVES for ACTION Following a public hearing, the Planning Commission may consider the following actions: 1. Recommend APPROVAL of the variance request to allow the new city fire station training tower to exceed the maximum height of 37.5-feet by 3’-2” (40’-8” total) based on the attached findings of facts for approval; or 2. Recommend DENIAL of the variance request to allow the new city fire station training tower to exceed the maximum height of 37.5-feet based on the attached findings of facts for denial; or 3. TABLE the request; direct city staff to explore other alternatives with the Applicant and provide follow-up information; and extend the review period if needed. RECOMMENDATION Staff recommends the Planning Commission give careful consideration of the variance of 3’-2” on the proposed fire training tower facility; and make a favorable recommendation to the City Council to approve the height variance as presented herein, based on the findings of facts noted below. FINDINGS OF FACT FOR APPROVAL Variance Request for New Fire Training Tower Fire Station – 2121 Dodd Road (Planning Case No. 2018-30) The following Findings of Fact are made in support of denial of the proposed request: 1. The request for the 3’-2” variance to exceed the maximum allowable height for the new fire training tower at this location, is relatively minor in its overall scope and impacts, and can be considered in harmony with the general purposes and intent of the ordinances; as the City proposes to use the property in a reasonable manner. 2. The subject property has been established as a fire station site for a number of years, and functions more like an institutional, yet vital public use within the R-1 One Family Residential district, which makes the property very unique and special when considering approval of this variance request. 3. The requested variance to the height limitations are minimal and pose no threat or impacts to the surrounding properties or neighborhoods, and therefore this variance can be considered a reasonable request for this public safety and service facility. page 110 F6 A6.1 L10 A6.1 5 4 7 14 5 14 5 14 6 11 1 8 9 3 12 13 8 2 5 4 7 14 3 8 3 - --- - --- - --- - --- - --- - --- - ---40' - 8"L14 A6.1 1 7 2 14 3 1 5 5 8 7 4 - --- - --- - --- - ---40' - 8"F6 A6.1 4 7 5 1 12 13 8 3 6 1 2 7 8 8 5 3 2 1 7 - --- - --- - --- A4 A6.1 10 6 1 2 712 5 3 1 4 5 8 1 2 7 1 4 8 1 4 5 8 7 1 - --- - --- - --- - --- - --- - ---40' - 8"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-44332 3 4 5 6 7 8 9 10 11 12 13 14 151 N P Q R 16 17 18 16 17 18 N P Q R CNH NO.: REVISIONS: DATE:C:\REVIT (local files)\REVIT 2019\17113 - Mendota Heights Fire Station_BJacobson.rvt11/27/2018 8:28:01 AMNOT FOR CONSTRUCTION A5.1Exterior ElevationsMendota Heights Fire StationRemodel & Expansion2121 Dodd RoadMendota Heights, MN 5512017113 11/27/18 Exterior Elevation Keynotes 1 Utility brick; BK-1 2 Utility brick soldier course; BK-2 3 Burnished CMU to match existing 4 ACM panels; ACM-1 5 ACM panels; ACM-2 6 Cast stone parapet cap 7 Prefinished metal parapet cap flashing 8 Aluminum storefront glazing system 9 Attached guardrail; paint with HPC 10 4x4 steel tube railing; paint with HPC 11 Vertical ladder 12 Aluminum back panel with backlit front stainless steel logo signage 13 Cut metal signage 14 Overhead sectional door 1/8" = 1'-0"A5.1 A1 East Elevation 1/8" = 1'-0"A5.1 E1 South Elevation 1/8" = 1'-0"A5.1 J1 West Elevation 1/8" = 1'-0"A5.1 N1 North Elevation page 111 page 112 page 113 page 114 Excerpts – City of Mendota Heights – Fire Station Variance December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 1 of 4 C) PLANNING CASE #2018-30 CITY OF MENDOTA HEIGHTS-APPLICANT/OWNER 2121 DODD ROAD (FIRE STATION SITE) VARIANCE TO HEIGHT LIMITATIONS FOR NEW FIRE TRAINING TOWER Working from the staff report provided to the Commission previously, Community Development Director Tim Benetti explained that this request was from the City of Mendota Heights on behalf of the Fire Department requesting a consideration of a variance from the height limitations for structures within the residential zone. This property is located at 2121 Dodd Road. This item was presented under a public hearing; notices were mailed to properties located within 350 feet of each property and published in the local paper. No comments were received from the neighboring property owners. Mr. Benetti shared an image of the facility location. The original fire station was built in 1985 and consists of a 12,000 square-foot building with four truck bays that exit onto Dodd Road. There are offices, conference/meeting room, kitchen service area, TV/lounge area, and berthing rooms for local ambulances service personnel. The building also contains the 34-foot high fire hose tower. Mr. Benetti shared images that were shared at the public informational meetings for the new Fire Station. In July 2018, City Council approved the issuance of general obligation bonds in the amount of $7M to help pay for the fire station expansion and remodeling plans. The height of the new tower is proposed to be 40 feet 8 inches. Chief Dreelan provided the following explanation for the needs of this larger tower: “The interior of the tower has a stairway like you would find in any business or apartment buildings. The heights of the tower corresponds directly with the stairs so any changes to that height would affect the rise and run of each individual stair, which would cause a significant trip hazard. The interior of the tower also has multiple doors and windows, any changes to the tower height would affect their size and location, as example you may end up with a window opening that is at knee height.” Because this site is located in the R-1 Residential District, the underlying standard of 25 feet in height applies. However, there is a provision under 12-1D-13(1) that allows for certain facilities or structures to exceed that height by 50%; one of them being fire and hose towers. On a 25-foot structure, 50% would be 12.5 feet more; or 37.5 feet. At 40 feet 8 inches, they require a 3-foot 2- inch variance. Mr. Benetti shared the standards or findings that must be met when considering a variance request. Staff provided an analysis of these standards or findings within the report and recommended approval of this request. page 115 Excerpts – City of Mendota Heights – Fire Station Variance December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 4 Commissioner Noonan commented that this is another indication where the city should be changing the zoning ordinance to Institutional. Commissioner Magnuson shared this sentiment. Mr. Benetti replied that this zoning ordinance update is forthcoming. Chief Dreelan had no specific comments to add to the staff report. Commissioner Noonan asked what was so magical about the 40’8”. Chief Dreela n replied that there really isn’t anything magical about the 40’8”; it’s what happens inside of the structure to get them to 40’8”. The tower itself is actually a very specific training facility with a large interior stairwell, much like would be found in a commercial building or an apartment building. That stairwell has several entrance and exit points into different parts of the facility to allow for different types of training. If they had to change the heights of the tower, they could not have the appropriate rise and run of each individual stair. When laddering the structure, instead of coming in at a normal window height, if they had to lower the structure – the window might be a knee height rather than at a normal window height. It is what needs to be done internally to make everything work that determined the tower height. Commissioner Corbett asked if the primary use of the tower was as a functioning staircase between the first and second levels or was it primarily for training use; or both. Chief Dreelan replied that there would be very little reason for the personnel to access that second level unless it was for training. There is also a set of stairs in the rear of the apparatus bay that allows access to the second floor; however, for daily operations they would not be occurring there. Chair Field opened the public hearing. Mr. Dan Johnson, 791 Creek Avenue, stated in the interest of full disclosure that he is a member of the fire department. He said that it should not be a surprise that as a firefighter he was very much in support of the proposed station improvements and additions. As a resident of the neighborhood, if his fire career ended tomorrow he would still be very happy to see the new station built there. What needs to be done to it makes perfect sense. Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 ABSENT: 3 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF PLANNING CASE 2018-30 VARIANCE REQUEST FOR NEW FIRE TRAINING TOWER BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The request for the 3’-2” variance to exceed the maximum allowable height for the new fire training tower at this location, is relatively minor in its overall scope and impacts, page 116 Excerpts – City of Mendota Heights – Fire Station Variance December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 4 and can be considered in harmony with the general purposes and intent of the ordinances; as the City proposes to use the property in a reasonable manner. 2. The subject property has been established as a fire station site for a number of years, and functions more like an institutional, yet vital public use within the R-1 One Family Residential district, which makes the property very unique and special when considering approval of this variance request. 3. The requested variance to the height limitations are minimal and pose no threat or impacts to the surrounding properties or neighborhoods, and therefore this variance can be considered a reasonable request for this public safety and service facility. If this request was approved, Commissioner Noonan asked for a timing on the construction and what would it mean to the existing fire station. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO REOPEN THE PUBLIC HEARING. Chief Dreelan replied that the proposed timeline is as follows: January 15, 2019 – seek Council approval to go out for bids Mid-February 2019 – bids would be due back End of February 2019 – bid approval March 2019 – contractors begin mobilization April 1, 2019 or as soon as weather allows – break ground on construction At all times during the construction process they will be a fully-functional fire department; there would not be anything that would have to be moved. For approximately nine months, construction will be going on for the addition. Once that is completed, they would move administratively over to the new addition. Then the construction crew would come back in and remodel the existing administrative areas of the fire department – taking approximately four to five months. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field noted that Commissioner Noonan’s question in regards to the height and use of the structure was of particular importance. He suggested a Finding of Fact be added to reflect the fact that the height is integral to performing all of the training elements. COMMISSIONER NOONAN MOVED, SECONDED BY MAGNUSON, TO ADD A FOURTH FINDING OF FACT: page 117 Excerpts – City of Mendota Heights – Fire Station Variance December 20, 2018 Mendota Heights Planning Commission Meeting – DRAFT Page 4 of 4 4. The proposed variance is to support the construction of a fire training tower the height of which is integral to the training function of the fire department. Commissioner Magnuson asked that Finding of Fact #2 be tweaked; she believed that the fact that this is a fire station and it’s a public building in a residential district in and of itself creates the practical difficulty that is needed. She expressed her desire to strengthen the language by tweaking to say “The subject property has been established as a fire station site for a number of years and is an institutional and vital public use within the R-1 One Family Residential district, which makes the property very unique and special when considering approval of this variance request.” COMMISSIONER NOONAN ACCEPTED COMMISSIONER MAGNUSON’S SUGGESTION AS A FRIENDLY AMENDMENT TO THE MOTION Chair Field asked for the vote of the motion in favor of approval based upon the Findings of Fact, including the proposed edit to Finding #2 and the addition of Finding #4. AYES: 4 NAYS: 0 ABSENT: 3 Chair Field advised the City Council would consider this application at its January 2, 2019 meeting. page 118 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Dates for Commission Candidate Interviews Date: January 2, 2019 Comment: Introduction: The City Council is asked to determine dates to interview prospective candidates for vacancies on the planning Commission, and Parks and Recreation Commission. Background: As a result of current members leaving their positions on January 31, 2019, there is one vacancy on the Planning Commission, and two on the Parks and Recreation Commission. Advertisements for interested residents were made. As of the time of this writing, seven individuals have submitted their names for consideration for the Planning Commission; six were received for the Parks and Recreation Commission. As applications will be accepted through the end of December 28th, it is possible that additional names will be received. Note that one candidate is interested in both, and so there are ten individuals. A seventh Parks and Recreation candidate applied from a neighboring community. However, the City Code specifies that candidates must be residents of Mendota Heights, and so he will not be able to be considered. Discussion: Traditionally, the City Council has interviewed all candidates who apply. Assuming that that practice is to continue, the City Council should set a date to interview candidates. Fifteen minutes is what is usually allotted for individual interviews. Based on this, more than three hours would be necessary to interview all individuals in one sitting. If doing interviews in a single night is desirable, the City Council might consider January 29th, which is a fifth Tuesday. If, however, the City Council wants to do interviews in conjunction with a regular meeting night, because of the number of candidates it would be wise to split the interviews into two evenings. It would also be preferable to make the appointments prior to the Commissions’ meetings in February. The Park Board meets on February 11th; Planning is on February 26th. page 119 Therefore, if multiple evening are preferred, it is suggested that the Parks and Recreation Commission interviews be held in advance of the City Council’s January 15th regular meeting. The Planning interviews could be February 5th or 19th. See the attached calendar pages for January and February. Action Required: The Council should discuss, and determine how and when to interview Commission candidates. page 120 Plan Comm Mtg | 7pm City Council Mtg | 7pm City Council Mtg | 7pm Parks Comm Mtg | 6:30pm Airport Comm Mtg | 7pm New Year’s Day King, Jr. Day City Hall Closed (Public Works Open) ** DRAFT ** City CouncilWorkshop | 6pm City Hall and PublicWorks Closed Appreciation Reception 4:30 —7:30 PM Council Workshop Noon—3 PM page 121 Airport Comm Mtg | 7pm Plan Comm Mtg | 7pm Parks Comm Mtg | 6:30pm City Council Mtg | 7pm City Council Mtg | 7pm City Hall and Public Works Closed Presidents’ Day ** DRAFT **page 122