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2021-02-23 Planning Commission MinutesFebruary 23, 2021 Mendota Heights Planning Commission Meeting Page 1 of 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES February 23, 2021 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 23, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Commissioners Patrick Corbett, Litton Field, Sally Lorberbaum, Cindy Johnson, Michael Toth, Andrew Katz and Brian Petschel (arrived/appeared at 7:22 p.m.). Those absent: None. Election of Planning Commission Chair and Vice Chair for 2021 Community Development Director Tim Benetti opened the floor for nominations for the Chair position for the next one year. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO NOMINATE LITTON FIELD AS CHAIR OF THE PLANNING COMMISSION FOR 2021. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ TO NOMINATE PATRICK CORBETT AS CHAIR OF THE PLANNING COMMISSION FOR 2021. FURTHER DISCUSSION: COMMISSIONER KATZ SUGGESTED THAT EACH NOMINEE BE ALLOWED TO MAKE A STATEMENT. COMMISSIONER FIELD STATED THAT HE HAS BEEN A LONG TIME RESIDENT OF MENDOTA HEIGHTS AND HAS A LARGE AMOUNT OF EXPERIENCE ON THE PLANNING COMMISSION IN BOTH MENDOTA HEIGHTS AND SAINT PAUL. COMMISSIONER CORBETT COMMENTED THAT HE DOES NOT HAVE THE SAME EXPERIENCE BUT IS EAGER TO PARTICIPATE AND LEARN MORE AND WOULD WELCOME THE OPPORTUNITY TO SERVE AS CHAIR. A ROLL CALL VOTE WAS PERFORMED TO ELECT LITTON FIELD AS CHAIR: COMMISSIONER KATZ AYE COMMISSIONER TOTH NAY COMMISSIONER LORBERBAUM AYE COMMISSIONER JOHNSON AYE COMMISSIONER CORBETT NAY COMMISSIONER FIELD AYE February 23, 2021 Mendota Heights Planning Commission Meeting Page 2 of 9 AYES: 4 NAYS: 2 A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS CHAIR: COMMISSIONER JOHNSON NAY COMMISSIONER LORBERBAUM NAY COMMISSIONER TOTH AYE COMMISSIONER KATZ AYE COMMISSIONER FIELD NAY COMMISSIONER CORBETT AYE AYES: 3 NAYS: 3 COMMISSIONER LITTON FIELD WAS ELECTED TO THE POSITION OF CHAIR. Community Development Director Tim Benetti opened the floor for nominations for the position of Vice Chair. COMMISSIONER FIELD MOVED, SECONDED BY COMMISSIONER LORBERBAUM TO NOMINATE SALLY LORBERBAUM AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2021. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH TO NOMINATE PATRICK CORBETT AS VICE CHAIR OF THE PLANNING COMMISSION FOR 2021. FURTHER DISCUSSION: COMMISSIONER LORBERBAUM RECOGNIZED THAT SHE IS NEW TO THE GROUP BUT PREVIOUSLY SERVED 12 YEARS ON THE PLANNING COMMISSION AND SIX OF THOSE YEARS AS CHAIR. SHE WOULD LOOK FORWARD TO THE OPPORTUNITY TO SERVE IN THIS POSITION. COMMISSIONER CORBETT COMMENTED THAT HE WOULD WELCOME THE OPPORTUNITY TO SERVE IN THIS POSITION AND WOULD LOVE TO SEE SOMEONE RECEIVE THIS OPPORTUNITY THAT HAS NOT PREVIOUSLY SERVED IN THIS CAPACITY. A ROLL CALL VOTE WAS PERFORMED TO ELECT SALLY LORBERBAUM AS VICE CHAIR. COMMISSIONER TOTH NAY COMMISSIONER JOHNSON AYE CHAIR FIELD AYE COMMISSIONER KATZ NAY COMMISSIONER CORBETT NAY February 23, 2021 Mendota Heights Planning Commission Meeting Page 3 of 9 COMMISSIONER LORBERBAUM AYE AYES: 3 NAYS: 3 A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS VICE CHAIR: COMMISSIONER JOHNSON NAY COMMISSIONER LORBERBAUM NAY COMMISSIONER TOTH AYE COMMISSIONER KATZ AYE CHAIR FIELD NAY COMMISSIONER CORBETT AYE AYES: 3 NAYS: 3 Community Development Director Tim Benetti reported a tied vote for the candidates. The Commission decided to table the decision of Vice Chair to the next meeting when Commissioner Petschel is present to break the tie. Approval of Agenda The agenda was approved as submitted. Approval of December 17, 2020 Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH TO APPROVE THE MINUTES OF DECEMBER 17, 2020. A ROLL CALL VOTE WAS PERFORMED: COMMISSIONER CORBETT AYE COMMISSIONER TOTH AYE COMMISSIONER KATZ AYE CHAIR FIELD AYE COMMISSIONER LORBERBAUM ABSTAIN COMMISSIONER JOHNSON ABSTAIN Hearings There were none. February 23, 2021 Mendota Heights Planning Commission Meeting Page 4 of 9 New or Unfinished Business A) REVIEW OF DRAFT ORDINANCE REGULATING ADULT-ORIENTED BUSINESSES AND USES IN THE CITY OF MENDOTA HEIGHTS Community Development Director Tim Benetti stated that the intent was to have a draft ordinance for the Planning Commission to review tonight but legal counsel wanted additional time to work with staff to draft an ordinance that would be relevant to the current case laws and that would be fair and reasonable. He stated that staff intends to bring back more information for the Commission to review in the near future. Commissioner Toth asked if the City has been approached by business owners to open this type of business in the past. Community Development Director Tim Benetti replied that he received a call from a party two years ago that was interested in bringing a sexually orientated business into the community, which is when he realized the City did not have an ordinance addressing those types of businesses. He stated that he told that interested party that the business is not listed as an allowed use and the business owner moved on. He stated that following that, the City enacted a moratorium, but staff was too busy during that time and was unable to accomplish that goal. Commissioner Corbett asked if any work has been done to determine the numbers related to the percentages listed. Community Development Director Tim Benetti stated that initially the draft he prepared simply provided a mechanism for those businesses to be conditionally allowed in industrial zones with distance standards from certain types of existing businesses. He noted that the City Attorney provided additional input and wanted to ensure that analysis and mapping was done related to that five percent. He stated that staff will use the GIS mapping services to show that five percent and confirmed that would be part of the overall presentation that comes forward. Commissioner Corbett stated that he would be shocked if there is five percent of land available in that manner today. Community Development Director Tim Benetti replied that staff will complete the analysis and work together with the City Attorney in a manner that would be defensible. Commissioner Corbett noted that Mendota Heights is an established community, and he would not want to see rezoning occur simply to make the five percent feasible. Chair Field recognized that this is complicated and agreed that staff should use more time preparing this matter. February 23, 2021 Mendota Heights Planning Commission Meeting Page 5 of 9 Election of Planning Commission Chair and Vice Chair for 2021 (Continued) Chair Field noted that Commissioner Petschel is now present and suggested that the tabled Vice Chair election be resumed. Community Development Director Tim Benetti reported that both Commissioner Lorberbaum and Commissioner Corbett were nominated for Vice Chair and that vote ended in a tie vote, therefore Commissioner Petschel is needed to break the tie. A ROLL CALL VOTE WAS PERFORMED TO ELECT SALLY LORBERBAUM AS VICE CHAIR. COMMISSIONER TOTH NAY COMMISSIONER JOHNSON AYE CHAIR FIELD AYE COMMISSIONER KATZ NAY COMMISSIONER CORBETT NAY COMMISSIONER PETSCHEL AYE COMMISSIONER LORBERBAUM AYE AYES: 4 NAYS: 3 A ROLL CALL VOTE WAS PERFORMED TO ELECT PATRICK CORBETT AS VICE CHAIR: COMMISSIONER TOTH AYE COMMISSIONER KATZ AYE CHAIR FIELD NAY COMMISSIONER LORBERBAUM NAY COMMISSIONER JOHNSON NAY COMMISSIONER PETSCHEL NAY COMMISSIONER CORBETT AYE AYES: 3 NAYS: 4 COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI REPORTED THAT COMMISSIONER SALLY LORBERBAUM WAS ELECTED TO THE POSITION OF VICE CHAIR. February 23, 2021 Mendota Heights Planning Commission Meeting Page 6 of 9 B) REVIEW OF PRELIMINARY INFORMATION RELATED TO AN ORDINANCE REGULATING THE TEMPORARY KEEPING OF GOATS FOR GRAZING OF INVASIVE VEGETATION Community Development Director Tim Benetti stated that the Planning Commission is being asked to once again discuss and provide thoughts, comments, and direction on creating a new ordinance (or policy) regulating the temporary keeping of goats for prescribed grazing and invasive/noxious vegetation management on properties in Mendota Heights. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Commissioner Petschel asked what was considered during the last discussion, as he thought an ordinance was proposed. Community Development Director Tim Benetti noted that the previous discussion was just a discussion with intent to bring forward an ordinance in the future. He suggested that this move forward more quickly as with spring coming forward more people may be interested in this opportunity. Chair Field commented that there are two clients in his office that operate these types of businesses. Community Development Director Tim Benetti noted that many communities are beginning to allow this type of prescriptive grazing and if there is a need or demand, he does not see a problem with allowing the activity with a permit and allowed period of time. Commissioner Lorberbaum asked the current status and how this activity could occur without an ordinance. Community Development Director Tim Benetti replied that there is currently not an ordinance allowing goats. Commissioner Lorberbaum asked if the goats that were used to reduce invasive species near the Mendota Bridge were allowed without an ordinance. Community Development Director Tim Benetti replied that five years ago the City participated in a pilot project with the DNR for a temporary managed grazing project. He noted that was a temporary use for that purpose. He stated that staff will work to bring back a draft ordinance for the Commission to review. February 23, 2021 Mendota Heights Planning Commission Meeting Page 7 of 9 C) REVIEW OF DEPARTMENT OF NATURAL RESOURCES MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) MODEL ORDINANCE Community Development Director Tim Benetti explained that the Planning Commission is being asked to review the Mississippi River Corridor Critical Area (MRCCA) Model Ordinance. This draft document was prepared by the Department of Natural Resources for all of those metropolitan communities situated along the Mississippi River with similar critical area overlay districts, including the City of Mendota Heights. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Chair Field asked if staff and the City Attorney may draft modifications as deemed necessary. Community Development Director Tim Benetti confirmed that the City could make the ordinance its own to fit within the Mendota Heights community but at minimum it must conform to the base rules of the DNR. Commissioner Katz recognized that the City currently has a moratorium in place but expressed concern with the ability for property owners to clear cut without proposed construction. He asked who would be charged with enforcement. Community Development Director Tim Benetti replied that vegetation removal requires a Critical Area Permit and therefore would be prohibited during the moratorium. He noted that the City would allow for invasive species management as suggested by the DNR. He used the example of goats and noted that if that is allowed, it could occur during the moratorium as the purpose is invasive species management. He stated that enforcement would be charged to staff, noting that there are some staff members actively in the community and neighbors typically report on that type of activity. Public Works Director Ryan Ruzek stated that the Council has drafted goals for the next two years that include drafting a Tree Preservation Ordinance. Commissioner Petschel asked if the moratorium would apply to permits that would not increase the size of the structure and would be more maintenance type activities. Community Development Director Tim Benetti replied that the intent was to stop major development projects and noted that maintenance type activities would still be allowed as exemptions. Commissioner Petschel commented that he believed many of those activities also require a Critical Area review. February 23, 2021 Mendota Heights Planning Commission Meeting Page 8 of 9 Community Development Director Tim Benetti replied that there is an administrative Critical Area Permit which is review administratively by staff and approved by the City Council via the Consent Agenda. Commissioner Petschel asked if there is any appetite for there not to be a required review by the Planning Commission and City Council for maintenance type activities. Community Development Director Tim Benetti replied that language could be drafted in that nature if that is the desire. Commissioner Petschel commented that while it does not happen often, the Commission sometimes reviews applications that do not require a fundamental change to the buildings, but the review is required because of the location of the property. Chair Field confirmed that could be part of the overall discussion. He noted that with the moratorium Critical Area Permits could not be applied for. Commissioner Johnson commented that within the packet it was stated that additional optional language was shown from the DNR. She asked if there was additional language proposed by the DNR that was not included. Community Development Director Tim Benetti replied that this is the model language that was sent to all communities. He noted that the optional language is optional, and the community can choose whether or not to incorporate that language. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: The City will be completed a TIF analysis for a new building off Pilot Knob on the old Lloyd’s BBQ site for a 75,000 square foot office facility. He stated that the applicant has a proposed tenant that would bring 20 new jobs to the community. He stated that the applicant would be looking for nine-year TIF assistance to provide for a private road, driveway, and utilities. He stated that the Commission will not be seeing the plan but noted that the plan does meet all the requirements of City Code. He stated that in the future it could be helpful to provide a stipulation for commercial/industrial development that would require review by the Planning Commission and therefore intends to bring an ordinance amendment to the Commission in the future. He stated that as the ordinance is drafted this is a permitted use and therefore does not require Site Plan Review by the Commission or City Council. Commissioner Lorberbaum asked if the ordinance amendment would apply based on building size or for any commercial/industrial development. Community Development Director Tim Benetti replied that the intent would be to draft the language to require any new commercial or industrial Site Plan to come before the Commission and Council for review. February 23, 2021 Mendota Heights Planning Commission Meeting Page 9 of 9 Commissioner Corbett asked the process for TIF requests. Community Development Director Tim Benetti replied that a TIF request is reviewed and considered through public hearing by the City Council. He provided additional details on the TIF being requested in this case. He confirmed that the site is currently vacant. Commissioner Corbett asked if anything has been done to make it easier to obtain variances as previously discussed by the Commission. Chair Field agreed that was previous direction and he would be in favor of ensuring that discussion continues as it would provide fairness to the different property owners. Public Works Director Ryan Ruzek provided an update on plowing activities for the season. Adjournment COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO ADJOURN THE MEETING AT 7:53 P.M. AYES: 7 NAYS: 0