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2021-11-10 Planning Commission Special Mtg. MinutesNovember 10, 2021 Mendota Heights Planning Commission Meeting Page 1 of 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES NOVEMBER 10, 2021 The special meeting of the Mendota Heights Planning Commission was held on Wednesday, November 10, 2021 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Hearings A) PLANNING CASE 2021-18 ERIK AND SARAH IVERSON, 2452 POND CIRCLE EAST – WETLANDS PERMIT Community Development Director Tim Benetti explained that the Iverson’s are seeking approval of a Wetlands Permit to allow the installation of a new flagstone fire pit and patio, a walkout entry patio, retaining walls, steps, grading and landscaping work, along with some tree pruning and removal on their property located at 2452 Pond Circle East. This application has been deemed an “after-the-fact” due to work had already been commenced by the homeowners. A public hearing notice for this planning item was held at the October 24, 2021 regular meeting, where this item was tabled to the next meeting. Hearing notices were published and re-mailed to all properties within 350-ft. of the site; 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. Commissioner Corbett asked if there is an ordinance limiting the height of a retaining wall. Community Development Director Tim Benetti replied that there is not such guidance outside of the critical area. Commissioner Lorberbaum referenced the pollinator friendly policy which is noted in the staff report and stated that she had difficulty finding the policy. November 10, 2021 Mendota Heights Planning Commission Meeting Page 2 of 8 Community Development Director Tim Benetti stated that this policy was adopted in 2016, prior to his arrival. He was unsure if it is available on the website. He stated that any new development is encouraged to use pollinator friendly and/or native plantings. Commissioner Lorberbaum stated that it would be nice if that information is made available on the website. Commissioner Petschel noted that while it is recommended, it is not required by policy. Community Development Director Tim Benetti confirmed that it is encouraged but not required. Commissioner Petschel stated that perhaps condition five should be adjusted. Community Development Director Tim Benetti noted that is the typical language used for that condition, but the language could be modified. Commissioner Petschel commented that the Commission cannot give the City power it does not have. Commissioner Katz referenced the silt sock and asked if those are permanent or just through construction. Community Development Director Tim Benetti replied that it is used during construction and until the yard is established to prevent silt runoff. Commissioner Katz asked if berms are ever encouraged as a natural barrier for this type of property. Community Development Director Tim Benetti replied that the City does not prefer berms as that can prevent the proper flow of water. He stated that the applicants have agreed not to disturb the buffer area. Commissioner Johnson stated that a double row silt fence is mentioned in the conditions, while the applicant’s narrative suggests use of silt sock. Community Development Director Tim Benetti stated that he spoke with other City staff, and they believe the socks work better than the fencing. He stated that the language in the condition could be modified to state, redundant silt protection measures. Chair Field opened the public hearing. Sarah Iverson, applicant, thanked the Commission for holding a special meeting to reconsider this application. She also thanked staff for their assistance throughout this process. She commented that the grading information has been provided. She stated that they also added three more trees to the proposed landscaping plan, although that is not required. She stated that the lot continues to be heavily wooded, and they are attempting to find balance between greenspace and the wooded November 10, 2021 Mendota Heights Planning Commission Meeting Page 3 of 8 area. She stated that the two rock spills will come out of the base of the north retaining wall and provided additional details. She stated that they only cleared out two dead trees from the buffer area and are committed to leaving that area be as it is. Commissioner Johnson thanked the applicants for removing the buckthorn and being good stewards. She stated that while she feels that the applicants will continue be good stewards, she still has questions on the plan. She asked the distance from the rock wall to the pond edge, that she did not notice on the plan. Tim Johnson, contractor representing the applicant, stated that distance is about 50 feet. Commissioner Johnson asked what else would happen below the rock wall in terms of ground cover or plantings. Mr. Johnson replied that area would stay as is as they are not working in that area. He stated that other than the dead tree removal, they have not done work in that area. He noted that most of that area is mulch or eroded soils. He explained how the wall would be constructed. Commissioner Johnson asked if the applicant would be willing to plant a native mix from the buffer to the wall area. Mrs. Iverson stated that after the buckthorn removal they noticed additional plant growth. She stated that it would be difficult to access that area for maintenance after the wall is completed. Commissioner Johnson stated that area looked bare when she visited the site. She asked for details on the types of plant growth. Mr. Johnson commented that this is the fall season and noted that he provided photos from the summer when the area was lusher. He stated that the applicants desire a minimum landscape and do not want to add additional things that would need to be maintained in an area they are not disturbing. Commissioner Johnson stated that if some type of ground cover is not added, that will return to invasive species. Mrs. Iverson commented that buckthorn removal is a process and would feel fruitless planting something that may be overrun with buckthorn. Commissioner Johnson asked for details on the rock spill. Mr. Johnson stated that the property currently has downspout collections made from landscaping tile. He noted that one spout is pointed towards a neighboring property and that would be redirected to the proper path. He stated that the rock spills would help to slow the rate of runoff. Commissioner Johnson asked if the rate of flow would be slowed enough to hit the rock spill and then slowly move to the other areas. November 10, 2021 Mendota Heights Planning Commission Meeting Page 4 of 8 Mr. Johnson confirmed that is the intention. He noted that currently flows from the retaining wall towards the neighboring property, with nothing to slow it down. He stated that they need to protect the natural area of the pond, but also need to protect the retaining wall and integrity of the wall, as well as protect the neighboring home. Commissioner Johnson asked if the light grey area on the plan is trap rock. Mr. Johnson confirmed that decorative rock would be used in those areas. He stated that they are replacing that material that already exists and are attempting to protect the trees they are attempting to save. Commissioner Johnson asked if shrubs and other things will be planted. Mrs. Johnson confirmed they are intending to place additional plantings on the property. Commissioner Johnson asked if any other ground cover or trees are planned in the area shown in white. Mr. Iverson commented that area is already heavily treed. Mr. Johnson noted that area is not being worked on. Commissioner Johnson asked if the contractor is familiar with the prevention measures for invasive jumping worm. Mr. Johnson stated that he is not. Commissioner Johnson provided additional details on that process. Commissioner Corbett thanked the applicant for coming back with an updated plan. He referenced the comment of Commissioner Johnson that the plan misses the water line and asked the applicable requirement of the City that would apply to that. Commissioner Johnson stated that the wetlands permit requires a detailed plan. Commissioner Petschel stated that the Commission has typically accepted Google Earth images provided in the packet to satisfy the 500 feet. Commissioner Corbett stated that he was simply wondering where the ordinance requirement was for that element. Commissioner Johnson stated that because it is a wetlands permit, she would want to know what is being done to the wetland, in items F and H. November 10, 2021 Mendota Heights Planning Commission Meeting Page 5 of 8 Commissioner Lorberbaum stated that she welcomes the residents to Mendota Heights and recognizes that they were not aware of the regulations when they purchased the property. She stated that sharing the requirements in the newsletter would help advise residents of the requirements. She stated that there was mention that the landscape plan is not complete, but the Commission would need the plan to be complete in order to make a recommendation. She noted that if this is the completed plan, additional items could be added in the future. She asked if the landscape plan is complete. Mr. Iverson replied that the plan is complete, and this item was added to the agenda because staff deemed the application complete. Commissioner Corbett stated that he would assume the applicants met with staff following the previous meeting and asked what was given as guidance for the updates to the application. Mrs. Iverson stated that she re-watched the meeting to use the questions and concerns as items that needed to be addressed. She stated that staff also provided assistance. Commissioner Corbett stated that he is simply attempting to find out where the gap is, which is why the Commission is holding a second meeting for an application. Jim Neuharth, 2450 Pond Circle East, commented that he was unable to attend the previous meeting. He stated that he was one of the first to move into the development and paid a premium in order to have the wooded lot near the pond. He provided background information on the work he has completed on his property, with the proper permitting, along with his work with wetlands during his retirement. He stated that he is concerned that the demolition work began before the applicable permit was received. He was also concerned with shade trees that were removed between the properties and with potential damage that could occur to trees near the property line. He stated that perhaps he should have been more proactive with the applicants about making them aware of the proper permitting that was necessary. He stated that he would also like to see a notification process that addresses new residents near wetlands along with existing residents to spread education about the protected areas. Joe Slater, 2464 Pond Circle East, stated that he and his wife love living in the City and hope the same for the Iverson’s. He stated that his complaint is with the City and the process that was not followed. He believed that this process is much better than what occurred at the last meeting. He hoped that the Iverson’s can make the desired improvements, following the parameters of the City’s ordinances and regulations. Commissioner Lorberbaum asked the contractor to address the concern mentioned with the oak trees. Mr. Johnson stated that they brought in an arborist before the project started and have treated those trees to help them recover from the construction stress. He stated that when utilized preconstruction, the success rate is great. He stated that they would minimize any construction street over the top of the roots to the extent possible. He noted that if the wall is not replaced, that November 10, 2021 Mendota Heights Planning Commission Meeting Page 6 of 8 will fall and cause additional damage. He provided additional details on the construction process that would be followed. Commissioner Toth asked the distance of the equipment to the oak trees mentioned. Mr. Johnson provided additional details on how the equipment would work to replace the wall. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER PETSCHEL, MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO RECOMMEND APPROVAL OF A WETLANDS PERMIT FOR THE PROPERTY LOCATED AT 2452 POND CIRCLE EAST, WHICH WOULD ALLOW CERTAIN BACKYARD IMPROVEMENTS AND TREE/VEGETATION REMOVAL AND REPLACEMENT WITHIN 100 FEET OF A WETLAND, BASED ON THE FINDINGS OF FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. ANY NEW REMOVALS, EXCAVATING, GRADING AND/OR CONSTRUCTION ACTIVITY RELATED TO THE NEW BACKYARD IMPROVEMENTS, INCLUDING THE FIREPIT PATIO, RETAINING WALLS, STAIRS, AND PATHS, SHALL BE IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 2. FULL EROSION/SEDIMENT MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. A DOUBLE ROW OF SILT FENCE WITH SUITABLE FABRIC MATERIAL OR OTHER EROSION MEASURES APPROVED BY THE CITY’S PUBLIC WORKS DEPARTMENT MUST BE IN PLACE PRIOR TO THE COMMENCEMENT OF ANY NEW CONSTRUCTION OR REMOVALS. EROSION BARRIER SHALL BE PLACED ALONG THE OUTER EDGES OF THE SIDE YARDS, AND THE LOWER EDGE NEAR THE POND BUFFER. 3. THE APPLICANT/OWNER SHALL NOT REMOVE ANY TREES OR VEGETATION, NOR PERFORM ANY UNNECESSARY GRADING OR DISTURBANCE TO THE 25 FOOT WETLAND BUFFER AREA. 4. IF ANY ADDITIONAL CONSTRUCTION WORK, OR AREAS INSIDE OR BEYOND THIS BUFFER EDGE (FROM THE NEW BACK WALL TO THE POND EDGE) NEED TO BE DISTURBED, EXCEPT FOR THE PLANTINGS OF NEW TREES/VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT ANY DISTURBED November 10, 2021 Mendota Heights Planning Commission Meeting Page 7 of 8 AREAS WITH SUITABLE PLANTINGS AND MATERIALS PER DIRECTION OF THE CITY’S NATURAL RESOURCES TECHNICIAN. 5. IT IS RECOMMENDED THAT ANY NEW TREE OR LANDSCAPING MATERIAL USED UNDER THIS APPROVED PLAN MUST MEET THE CITY’S LIST OF NATIVE PLANTINGS AND POLLINATOR FRIENDLY TREES AND VEGETATION. 6. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE BACKYARD IMPROVEMENTS HAVE BEEN INSTALLED. 7. ANY NEW SITE CONSTRUCTION OR REMOVAL SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. TO 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. FURTHER DISCUSSION: COMMISSIONER JOHNSON STATED THAT SHE HAS CONCERN WITH THE ALREADY DISTURBED AREAS AND WOULD LIKE TO SEE DISTURBED AREAS BELOW THE ROCK WALL REPLACED WITH NATIVE PLANTINGS. SHE NOTED THAT ERODED SOIL WILL GO INTO THE POND. COMMISSIONER PETSCHEL COMMENTED THAT THERE IS SOME LEVEL OF VEGETATION AND THE BUFFER EXISTS. HE STATED THAT HE WOULD BE FINE WITH THAT RECOMMENDATION BUT WOULD NOT MAKE THAT A REQUIREMENT. COMMISSIONER JOHNSON SUGGESTED A RECOMMENDATION THAT THE APPLICANT WITH THE NATURAL RESOURCES TECHNICIAN TO REVIEW THE OPEN GROUND AREAS AND HAVE A DISCUSSION ABOUT REVEGETATING THOSE AREAS. COMMISSIONER PETSCHEL AGREED THAT HE LIKES THAT AS A RECOMMENDATION. HE STATED THAT HE UNDERSTANDS THE INTENT, THAT IF THAT AREA IS LEFT BLANK, SOMETHING WILL EVENTUALLY GROW THERE AND MOST LIKELY WOULD BE BUCKTHORN. HE STATED THAT IT IS NOT A REQUIREMENT THOUGH. CHAIR FIELD CONFIRMED THAT THE MOTION MAKER AND SECONDER ACCEPT THAT ADDITIONAL RECOMMENDATION. COMMISSIONER CORBETT REFERENCED THE USE OF DISTURBED LAND AND STATED THAT IT WAS HIS UNDERSTANDING THAT AREA WAS NOT TOUCHED BY THE APPLICANTS. COMMISSIONER JOHNSON AGREED SHE INITIALLY USED THAT TERM BUT REPLACED THAT LANGUAGE WITH BARE GROUND. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI PROVIDED SUGGESTED LANGUAGE THE COMMISSION COULD USE. November 10, 2021 Mendota Heights Planning Commission Meeting Page 8 of 8 COMMISSIONER JOHNSON COMMENTED THAT SHE WANTED TO INCLUDE THE OPEN SOIL AREAS IN ADDITION TO THE DISTURBED AREAS. SHE STATED THAT SHE WOULD ALSO WANT REFERENCE TO THE NATURAL RESOURCES TECHNICIAN BECAUSE OF HER PLANT EXPERTISE. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI AGAIN REVIEWED THE LANGUAGE PROPOSED FOR THE ADDITIONAL RECOMMENDATION. IT WAS CONFIRMED THAT IT WOULD NOT BE AN OBLIGATION. COMMISSIONER CORBETT STATED THAT HE SUPPORTS SOME DIRECTION BUT NOTED THAT THE APPLICANTS CANNOT BE FORCED TO DO ACTION ON AN AREA THEY HAVE NOT DISTURBED. COMMISSIONER LORBERBAUM REFERENCED THE PROPOSED FINDINGS OF FACT AND ASKED FOR CLARIFICATION. CHAIR FIELD STATED THAT THOSE ARE FINDINGS OF FACT AND TRUE STATEMENTS. HE EXPLAINED THAT THE FINDINGS OF FACT SUPPORT THE MOTION. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its November 16, 2021 meeting. B) DISCUSSION OF CITY OF MENDOTA HEIGHTS MEETINGS/EVENTS CALENDAR YEAR 2022 Community Development Director Tim Benetti reviewed the 2022 meetings and event calendar. Staff and the Commission discussed any dates that may vary from the typical schedule. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: • A ruling was made by the First Judicial Court related to the Culligan case and reported that the City did not prevail. The City is meeting with the representatives from the League of Minnesota Cities to determine the proper next steps. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 8:05 P.M. AYES: 7 NAYS: 0