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2021-06-22 Planning Commission MinutesJune 22, 2021 Mendota Heights Planning Commission Meeting Page 1 of 14 ITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES June 22, 2021 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 22, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Acting Chair Sally Lorberbaum, Commissioners Cindy Johnson, Brian Petschel, and Andrew Katz. Those absent: Chair Litton Field, Commissioners Patrick Corbett, and Michael Toth. Approval of Agenda The agenda was approved as submitted. Approval of May 25, 2021 Minutes COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF MAY 25, 2021. FURTHER DISCUSSION: COMMISSIONER JOHNSON NOTED ON PAGE 9, THE FIRST PARAGRAPH, SECOND TO LAST SENTENCE, REVISE TO “…suggested an alternative of service berry trees.” ACTING CHAIR LORBERBAUM NOTED PAGE 4, THE FIRST LINE SHOULD STATE, “…most sheds range…”; PAGE 6, FIFTH PARAGRAPH, THE LAST WORD “…together.” REPLACE WITH “…apart.”; AND PAGE 14, SECOND PARAGRAPH SHOULD STATE, “…asked how it would be…” AYES: 4 NAYS: 0 Hearings A) PLANNING CASE 2021-09 MIKE FRITZ OF M & M HOMES, 777 WENTWORTH AVENUE – PRELIMINARY AND FINAL PLAT Community Development Director Tim Benetti explained that the applicant is seeking new Preliminary and Final Plat approval on the property generally located at the northeast corner of Wentworth Avenue and Wachtler Avenue (Dakota Co. Road No. 8). The property is officially addressed as 777 Wentworth Avenue. June 22, 2021 Mendota Heights Planning Commission Meeting Page 2 of 14 Hearing notices were published and mailed to all properties within 350-ft. of the site; one letter was received that was provided to the Commission and no comments or objections to this request were received. 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). Staff recommended approval of this application based on the findings and with conditions. Acting Chair Lorberbaum opened the public hearing. Mike Fritz, applicant, stated that he is present to address any questions the Commission may have. Commissioner Johnson asked the location of the retaining wall in Lot 4 in relation to the creek, specifically the distance between the creek and retaining wall. Community Development Director Tim Benetti identified the location of the retaining walls. Public Works Director Ryan Ruzek commented that the 25-foot setback line is shown right in front of the wall, therefore the wall would be 25 feet from the center line of the creek. Mr. Fritz commented that the top of the wall on Lot 4 appears to be four feet in elevation. Commissioner Johnson asked if there would be a planting buffer planned along with the wall. She referenced the notes related to erosion control which mentions seeding with a general roadside mix or alternate prairie mix. She commented that she would prefer a native prairie mix. She asked what is planned to be planted between the wall and creek. Mr. Fritz commented that the north side of the wall along with that area are planned to be planted with a roadside mix. Acting Chair Lorberbaum commented that the retaining wall would be ten feet in height in some locations and stated that under the City regulations it states that a retaining wall should not exceed five feet in height. She asked for input from staff. Community Development Director Tim Benetti noted that restriction is within the critical area corridor and this property is not within that area. He stated that there is not a height limit outside the critical corridor but walls over four feet in height must be designed by a structural engineer. Commissioner Johnson stated that it is clear why some trees are proposed to be removed as they are in the area where construction is planned. She referenced tree number 3187 on Lot 1 and asked for details on why that tree is being removed. She stated that it appears some Siberian Elms are being removed but not all, noting that those are an invasive species. June 22, 2021 Mendota Heights Planning Commission Meeting Page 3 of 14 Mr. Fritz commented that 3172 (a Siberian Elm) falls on the center of the property line and therefore did not believe it could be removed as part of this project. Public Works Director Ryan Ruzek replied that if there were any Siberian Elms on the property it would appear those be recommended to be removed. Mr. Fritz commented that he would have to verify whose tree it is and speak with the adjacent property owner about that tree. Commissioner Johnson commented that the native plant list is not all inclusive and is just a recommendation to provide a starting point. She stated that there are many more native plants that may be appropriate for the site. Jim Carlson, 1562 Wachtler, asked if the lots would all be graded to be level or whether the lot on the end would still have a slope. Public Works Director Ryan Ruzek commented that Lot 1 is the highest lot on the site and there would be retaining walls that step down as the lots go west. He noted that each house would be slightly higher than the home to the west of it. Seeing no one coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF SWEENEY 2ND ADDITION WITH THE FOLLOWING CONDITIONS: 1. THE CONCEPT PLANS PRESENTED UNDER THIS PLAT REQUEST DO NOT REPRESENT OR PROVIDE APPROVAL OF BUILDING LAYOUTS OR SETBACKS. FINAL LAYOUTS AND SETBACKS MUST MEET R-1 ZONE STANDARDS AND SHALL BE APPROVED UNDER SEPARATE BUILDING PERMITS FOR EACH LOT. 2. PRIOR TO ANY NEW DEVELOPMENT WORK ON THE SITE, ALL EXISTING (AND NON-CONFORMING) STRUCTURES ON THE SUBJECT PROPERTY WILL BE REMOVED WITH AN APPROVED DEMOLITION PERMIT ISSUED BY THE CITY. 3. A BUILDING PERMIT, INCLUDING ALL NEW GRADING AND DRAINAGE WORK, MUST BE APPROVED BY THE CITY PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION WORK. 4. A COMPLETE AND DETAILED LANDSCAPING PLAN MUST BE SUBMITTED WITH A NEW BUILDING PERMIT ON EACH LOT FOR REVIEW AND APPROVAL BY CITY STAFF. AS PER THE CITY’S POLLINATOR FRIENDLY POLICY, THE June 22, 2021 Mendota Heights Planning Commission Meeting Page 4 of 14 DEVELOPER WILL ENSURE ALL NEW TREES AND LANDSCAPING COMPLIES WITH THE CITY’S NATIVE PLANTINGS LIST. 5. ALL NEW CONSTRUCTION AND GRADING ACTIVITIES THROUGH THIS DEVELOPMENT SITE AND ON EACH NEW BUILDABLE LOT WILL BE IN COMPLIANCE WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 6. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 7. A WETLANDS PERMIT MUST BE OBTAINED PRIOR TO ANY PROPOSED SITE DEVELOPMENT ACTIVITIES (INCLUDING THE NEW STORM WATER BASIN) OR ANY NEW HOME PERMIT IS APPROVED ON LOT 4 OF THIS PLAT. 8. AN ADDITIONAL PARK DEDICATION FEE OF $4,000 MUST BE PAID BEFORE THE FINAL PLAT IS RELEASED BY THE CITY FOR RECORDING WITH DAKOTA COUNTY. 9. ALL WORK ON THIS DEVELOPMENT SITE WILL ONLY BE ALLOWED BETWEEN THE HOURS OF 7:00 A.M. TO 8:00 P.M. MONDAY THROUGH FRIDAY AND 9:00 A.M. TO 5:00 P.M. ON THE WEEKENDS. 10. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE PROJECT IS COMPLETED. 11. INVASIVE SPECIES SHALL BE REMOVED AND NO INVASIVE SPECIES SHALL BE PLANTED. 12. THE BUFFER ALONG THE STREAM SHALL BE PLANTED WITH A NATIVE SEED MIX. FURTHER DISCUSSION: COMMISSIONER PETSCHEL ASKED IF THE PLAT COULD BE CONDITIONED UPON REMOVAL OF INVASIVE SPECIES. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI COMMENTED THAT IT WOULD NOT BE NORMAL TO REQUIRE TREE REMOVAL, AS THE TYPICAL GOAL IS TREE PRESERVATION. HE STATED THAT IF THE APPLICANT IS WILLING TO ACCEPT THAT CONDITION, STAFF COULD WORK WITH THEM. ACTING CHAIR LORBERBAUM STATED THAT HER CONCERN WOULD BE THAT THE CITY DOES NOT HAVE A LIST OF INVASIVE VERSUS NON-INVASIVE. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI AGREED THAT ASKING FOR ADDITIONAL TREE REMOVAL MAY BE AN OVERSTEP BUT IF THE APPLICANT IS WILLING TO DO SO, THAT COULD BE INCLUDED. ACTING CHAIR LORBERBAUM STATED THAT THE ITEM COULD BE REMOVED FROM THE MOTION WITH THE GOOD FAITH EXPECTATION THAT THE APPLICANT WOULD REVIEW THAT ELEMENT. June 22, 2021 Mendota Heights Planning Commission Meeting Page 5 of 14 COMMISSIONER PETSCHEL ASKED IF IT WOULD BE BETTER TO HAVE THAT INFORMATION IN THE PLAT OR INCLUDED WITH THE BUILDING PERMIT. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI NOTED THAT STAFF CAN INDICATE THAT INVASIVE SPECIES REMOVAL WOULD BE PREFERRED AS PART OF THE LANDSCAPING PLAN WHEN THE INDIVIDUAL BUILDING PERMITS COME THROUGH FOR EACH LOT. HE STATED THAT IF THE COMMISSION FEELS THOSE ARE REASONABLE REQUIREMENTS, THEY CAN BE ADDED. COMMISSIONER PETSCHEL ASKED IF THE REMOVAL OF INVASIVE SPECIES SHOULD BE LIMITED TO THE SIBERIAN ELMS. COMMISSIONER JOHNSON STATED THAT SHE WOULD PREFER ALL INVASIVE SPECIES BE REMOVED. PUBLIC WORKS DIRECTOR RYAN RUZEK COMMENTED THAT HE WOULD SUGGEST THE LANGUAGE “WITHIN DISTURBED AREAS”. HE CLARIFIED THAT THERE IS OWNED LAND ON THE OTHER SIDE OF THE CREEK AND FOR THE DEVELOPER TO GO INTO THAT AREA WOULD BE PAST WHAT IS REQUIRED OR WHAT THE CITY IS AUTHORIZED TO REQUIRE. COMMISSIONER JOHNSON ASKED IF THE AREA NEAR THE STREAM IS BEING DISTURBED. SHE STATED THAT IF THE INVASIVE SPECIES ARE NOT REMOVED, THE SEED PLANTED WOULD NOT BE SUCCESSFUL. PUBLIC WORKS DIRECTOR RYAN RUZEK COMMENTED THAT WOULD CONFLICT WITH THE SURFACE WATER PLAN OF THE CITY AS THAT REQUIRES NO DISTURBANCE WITHIN 20 FEET OF THE CREEK, IF THAT CAN BE PREVENTED. HE STATED THAT ACTION WOULD CONFLICT WITH THE CURRENT STORMWATER MANAGEMENT PLAN AND REGULATIONS. COMMISSIONER PETSCHEL STATED THAT PERHAPS THAT IS A BLIND SPOT IN THE SURFACE WATER MANAGEMENT RELATED TO INVASIVE SPECIES WITHIN THE BUFFER ZONE. HE STATED THAT THE COMMISSION COULD NOT REQUIRE THAT WORK TO BE DONE AS IT CONFLICTS WITH THE CURRENT ORDINANCE. ACTING CHAIR LORBERBAUM STATED THAT SHE WOULD ALSO BE UNCOMFORTABLE REQUIRING THINGS THAT ARE NOT LISTED. COMMISSIONER JOHNSON COMMENTED THAT THE DNR HAS A LENGTHY LIST. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI NOTED THAT LOT 4 WOULD REQUIRE A SEPARATE WETLAND PERMIT, WHICH WOULD HAVE A MORE THOROUGH REVIEW. HE STATED THAT THIS ACTION IS SIMPLY TO PLAT THE FOUR LOTS. HE STATED THAT HE CAN WORK WITH THE APPLICANT TO ENSURE June 22, 2021 Mendota Heights Planning Commission Meeting Page 6 of 14 THOSE CONCERNS ARE ADDRESSED WHEN THE WETLAND PERMIT REVIEW IS COMPLETED. ACTING CHAIR LORBERBAUM STATED THAT SHE WOULD PREFER TO FOCUS ON THE PLATTING AT THIS TIME. AYES: 3 NAYS: 1 (Lorberbaum) Acting Chair Lorberbaum advised the City Council would consider this application at its July 6, 2021 meeting. B) PLANNING CASE 2021-08 CITY OF MENDOTA HEIGHTS – ZONING CODE AMENDMENT (GOATS) Community Development Director Tim Benetti explained that the Planning Commission is being asked to consider the updated draft ordinance on the temporary keeping of goats on properties for prescribed grazing purposes only. Prescribed grazing refers to the natural elimination of certain invasive or noxious vegetation by goats, with said grazing allowed by special permit only. This ordinance has been updated and amended from the Commissioner comments provided at the May 25, 2021 regular meeting; and also includes revisions or suggested language from Planning Commissioner Johnson. 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). Staff recommended approval of this request. Acting Chair Lorberbaum referenced Item E1 and asked for clarity on the use of the word “ideally”. Community Development Director Tim Benetti commented that this item was added by the suggestion of Commissioner Johnson, because ideally there should be enough goats to complete the activity within three to five days, but it would not be required. He stated that staff would work with the providers to get the goats in and out in the most efficient manner and would think the provider would be in favor of that as well. Acting Chair Lorberbaum commented that while that would be preferred, she would prefer to remove that language. Commissioner Johnson stated that perhaps some of the items that do not quite fit within the ordinance could be part of an informational pamphlet, such as that statement. Acting Chair Lorberbaum confirmed the consensus of the Commission to remove that statement. June 22, 2021 Mendota Heights Planning Commission Meeting Page 7 of 14 Commissioner Johnson referenced Item 5, noting a potential conflict in the number of goats specified per size of the parcel and the ability for the contractor to specify the number of goats required to efficiently complete the work. Commissioner Petschel asked if legal counsel stated that would be a contradiction. Commissioner Johnson commented that she believed that statement was made. Commissioner Petschel commented that he would read that as a maximum number of goats, stating that the contractor could determine the number of goats needed to efficiently complete the work as long as the maximum is not exceeded. Community Development Director Tim Benetti commented that language could be included in the pamphlet as well. Commissioner Petschel asked if a maximum number of goats should be set in ordinance or whether any number of goats left at the discretion of the contractor would be allowed. Commissioner Katz stated that he would like the language to remain as stated to limit the noise from the goats on the site. Community Development Director Tim Benetti commented that he would prefer to remove that statement and include it in a pamphlet noting that staff could work with the contractor to set the number of goats and make adjustments if there are issues. Commissioner Petschel agreed and noted that if a problem arises, a maximum number of goats could be added to the ordinance. Commissioner Katz agreed that there could be some instances when perhaps the work could be completed in one day with more goats rather than keeping goats overnight on a site, which would be preferred. Community Development Director Tim Benetti confirmed that the first statement for Item 5 would remain, and the second sentence would be removed. Acting Chair Lorberbaum asked why the plan to dispose of manure was removed. Community Development Director Tim Benetti noted that was removed at the request of the Commission. Commissioner Johnson reviewed some of the research she has done on this topic and determined that item is an impossibility. Commissioner Katz referenced Item 9 and asked if it is standard to specify neutered male goats. Community Development Director Tim Benetti confirmed that is standard practice. June 22, 2021 Mendota Heights Planning Commission Meeting Page 8 of 14 Commissioner Johnson referenced Item 11C, and suggested that the language, “threatened or endangered plant species shall be protected from grazing activities” remain and the remainder of the language should be removed and placed in the pamphlet. She suggested that Item E be removed as well as it would be difficult to manage. Acting Chair Lorberbaum referenced Item G and asked if that is something the City could monitor. Community Development Director Tim Benetti stated that was a request by Commissioner Johnson. He explained that the purpose of having the goats is for them to eat the invasive species rather than feeding the goats separately. He stated that he would not be out regulating whether the goat is being fed in addition. Commissioner Johnson stated that of the providers she spoke with the intention is to have the goats get into a site and do their job, but that language would provide that clarification. She referenced Item HB, recommending that the first sentence remain, and the remainder of the language be removed and included in the pamphlet. She referenced Item HC and recommended that be removed as after speaking with contractors she learned the survivability of the seeds is low after it passes through the system of the goat. She stated that the cleanout period can be difficult on the goat’s system and is not recommended. Acting Chair Lorberbaum asked if the ten-day period is typical related to the request to appear before the Council following revocation. Community Development Director Tim Benetti confirmed that language was suggested by the City Attorney. Acting Chair Lorberbaum commented that seems like a short period of time as the Council only meets twice per month. Commissioner Petschel commented that he understands that language to be that the permit holder shall file the request for the hearing within ten days, not that the hearing needs to occur within ten days. Community Development Director Tim Benetti confirmed that the permit holder would need to file for the hearing within 10 days following revocation or their right to appeal would be lost. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF ORDINANCE NO. 566 – AN ORDINANCE AMENDING PART OF MENDOTA HEIGHTS CITY CODE TITLE 5 – POLICE REGULATIONS AND TITLE 12 – ZONING REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING PURPOSES. AYES: 4 NAYS: 0 June 22, 2021 Mendota Heights Planning Commission Meeting Page 9 of 14 Community Development Director Tim Benetti advised the City Council would consider this application at its July 6, 2021 meeting, pending a final review by the City Attorney. Acting Chair Lorberbaum noted that the public hearing was not held. Acting Chair Lorberbaum opened the public hearing. Seeing no one coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 June 22, 2021 Mendota Heights Planning Commission Meeting Page 10 of 14 C) PLANNING CASE 2021-07 CITY OF MENDOTA HEIGHTS – ZONING CODE AMENDMENT (MRCCA) Community Development Director Tim Benetti stated that the Commission is being asked to once again review the proposed Ordinance No. 568, the new Mississippi River Corridor Critical Area (MRCCA) Ordinance for the community. This draft ordinance includes a number of added comments and suggested revisions offered by the Commission at the June 10, 2021 Planning Commission Workshop meeting. 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). Staff recommended approval of this application based on the findings and with conditions. Commissioner Johnson suggested replacing “natural vegetation” with “native vegetation”. Community Development Director Tim Benetti noted a new definition which was added for keystone species at the recommendation of Commissioner Johnson. He referenced another addition of “underground springs” and that added definition as well. Commissioner Petschel asked for the opinion of the Commission as to including keystone species as an exemption from selective vegetation removal and whether the Commission would want to take away the ability to selectively remove a tree. He stated that would be a big change and would like to have discussion. Acting Chair Lorberbaum agreed that is a good point as there may be a reason behind it. Commissioner Johnson stated selective vegetation removal could be done without a permit but if it is a keystone species, she believes a permit should be needed. Commissioner Petschel stated that keystone species is a lot of information that he does not entirely understand and would not want to endorse something he does not understand. Commissioner Johnson commented that she is working to create a list of keystone species for Minnesota. Acting Chair Lorberbaum asked whether it would be reasonable for a homeowner to expect to know that they would need to get the list. Commissioner Katz commented that he would hope that any homeowner in this area doing this type of work would be working with staff. Commissioner Petschel stated that it is not incumbent for a homeowner to know what they should or should not do, but to ensure proper remediation is completed if something is done that should June 22, 2021 Mendota Heights Planning Commission Meeting Page 11 of 14 not be. He stated that his concern would be that he does not know what keystone species are and whether he would support including that. Commissioner Johnson stated that she is working to provide a consolidated list to staff that could be used. Commissioner Petschel stated that he likes the idea of it, but it seems to be a bit of a power grab to say we are going to say that things can selectively be removed except for a list that has not yet been developed and will be added to. He stated that he dislikes that things can be added without review. He asked if the City has oversight as to what is added to the list of keystone species. Commissioner Johnson provided examples of keystone species and stated that the list is based on research information, but the City does not have oversight. Commissioner Petschel stated that his concern is that it is a placeholder statement that can be added to without oversight. He stated that the idea is solid, but the execution is flimsy. Commissioner Katz stated that he would compare it similar to a homeowners association. He stated that if someone is purchasing property within this area, they would be held to a different standard. Commissioner Johnson commented that this area already falls under the rules of another authority. Community Development Director Tim Benetti referenced the proposed language that was suggested to be added. He stated that keystone species can be removed from the definition and could instead be added under another area related to selective vegetation removal. Commissioner Johnson stated that she does not believe removal of keystone species should not be allowed but believed it should be allowed with a permit. Community Development Director Tim Benetti asked for the opinion of the Commission related to the definition of structure. It was the consensus of the Commission to use the State definition. It was the consensus of the Commission to move underground springs to “u” as underground springs rather than “s”. Commissioner Katz asked what is being done to protect the underground springs once identified. Public Works Director Ryan Ruzek noted that it would be treated the same way as another water source. Commissioner Johnson referenced the “conserving wooded areas in developing communities” is a link and whether that information is being provided by link. Community Development Director Tim Benetti confirmed that is a link. June 22, 2021 Mendota Heights Planning Commission Meeting Page 12 of 14 Commissioner Petschel asked if links should be provided within an ordinance. He noted that links go dead all the time and if that information is important, it should be provided in an external document as the link could go away. Public Works Director Ryan Ruzek noted that the additional statement could be included, as published by the Minnesota Department of Natural Resources. The Commission agreed. Commissioner Johnson referenced language related to screening using natural vegetation. She stated that she would like to see a percentage of native vegetation included. Acting Chair Lorberbaum asked if it would be preferred to use native rather than natural. Commissioner Johnson stated that she did not believe entirely native would be necessary, but a percentage of native would be preferred. Community Development Director Tim Benetti commented that there are not many river- dependent uses and did not think the additional language is needed. Acting Chair Lorberbaum stated that she would prefer “A through D” rather than “A-D” on page 93. Commissioner Petschel noted on page 96/97 and asked if that area is mapped out anywhere as to the properties that would be subject to section five. Community Development Director Tim Benetti commented that is identified in the MRCCA chapter of the Comprehensive Plan and includes a map. He stated that there are certain areas identified by the DNR that have established vegetative stands. Commissioner Petschel stated that these standards apply to properties not just along the bluff but also properties across the street and the City should be cautious as to how landowners would be constrained. Community Development Director Tim Benetti displayed the map with the vegetative stands identified. Commissioner Petschel asked if there is a similar map of areas of native planting communities. Community Development Director Tim Benetti confirmed that there is not such a map. Commissioner Petschel commented that he could see that being used as a weapon during a public hearing through comments by a neighbor. Commissioner Johnson read the definition. Commissioner Petschel stated that he would support that item. He explained that his concern was that there would be someone that wants to remove a building and replace that with a new one, but June 22, 2021 Mendota Heights Planning Commission Meeting Page 13 of 14 the neighbors use that language to prevent the action, using the letter of the law rather than the spirit of the law. Commissioner Johnson commented that it is well defined and therefore she did not believe that would be a concern. Commissioner Petschel reviewed the language that could be added related to selective removal of keystone species that could be allowed with a vegetation permit. Commissioner Johnson noted on page 98, Item F2B, it should read, include “native” vegetation. Acting Chair Lorberbaum noted that the link in that statement should be made as a reference. She noted on page 99, Item 3, it mentions City staff and asked for clarification on who that would refer to. Community Development Director Tim Benetti noted that could be clarified to read Public Works Director or Zoning Administrator. Commissioner Katz stated that his concern would be with whether the name of the position changes when staff turns over. Community Development Director Tim Benetti noted that “staff” could be removed, and it could just read “to the satisfaction of the City”. Acting Chair Lorberbaum asked if that would then mean the City Council. Public Works Director Ryan Ruzek noted that Public Works Director could be used. Acting Chair Lorberbaum referenced the use of the language “may be allowed” and commented that seems wishy washy and asked if different language should be used such as “shall be allowed”. Public Works Director Ryan Ruzek commented that he would interpret it as “may” gives the Commission more power whereas “shall” would give the applicant more power. It was the consensus of the Commission to use “may”. Commissioner Johnson noted another link that should be replaced with a reference. Acting Chair Lorberbaum noted on page 104, 12-3-12, the section begins with Item 3 and should instead start with “A”. It was noted that the item numbers in that section should be replaced with letters and sub-items should be numbered. Commissioner Petschel asked if section E has enough specifics and prohibitions given that the City does not allow the construction of chicken coops on grades greater than 18 percent. He stated that under the general case of development, such restrictive language is not included. June 22, 2021 Mendota Heights Planning Commission Meeting Page 14 of 14 Public Works Director Ryan Ruzek stated that he does prefer the term “may” as it provides leeway to deny an application even if the documentations are provided. Commissioner Petschel stated that it just seemed to be a contrast that the minor items are very specific, but the larger developments are not as specific. Commissioner Johnson referenced a commented received from former Commissioner Magnuson related to definitions, under bluff and asked for clarification. Community Development Director Tim Benetti confirmed that had been corrected. Acting Chair Lorberbaum opened the public hearing. Seeing no one coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 4 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF ORDINANCE NO 568 WITH THE CHANGES AS NOTED BY THE COMMISSION. AYES: 4 NAYS: 0 Community Development Director Tim Benetti stated city staff will be working with the city attorney to finalize language, verify section references and content; and stated the City Council would consider this proposed ordinance at its July 20, 2021 meeting.