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2022-03-22 Planning Commission MinutesAPPROVED: 04/26/2022 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES March 22, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, March 22, 2022 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, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: Commissioner Cindy Johnson. Approval of Agenda The agenda was approved as submitted. Approval of February 22, 2022 Minutes Commissioner Lorberbaum noted on page two, the third line from the bottom, it should state, “…equipment and next to the building.” And on page two, the last line, it should state, “…equipment and to the building…” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF FEBRUARY 22, 2022 WITH THE NOTED CHANGES. AYES: 6 NAYS: 0 Hearings A) PLANNING CASE 2022-03 PETER AND TERESA MOLINARO/MYHRA DESIGN GROUP, 790 HAVENVIEW COURT – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the applicants are seeking a Wetlands Permit to allow the installation of a new in-ground swimming pool, patio deck, retaining walls, and landscaping. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Public Works Director Ryan Ruzek 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. Chair Field opened the public hearing. APPROVED: 04/26/2022 Dan Myhra, Myra Design Group, commented that they would switch out the Japanese lilac tree with the service berry trees, as recommended by Commissioner Johnson. He commented that he was not aware of the clearing until after it happened and once he came on board they started the process with the City. He stated that the pool company is still involved noting that he will be onsite to check that things are being done appropriately. Commissioner Katz asked if Mr. Myra has been on site recently and observed the condition of the silt fence as it had been noted that needs attention. Mr. Myhra commented that he had not but noted that he would follow up on that to have the silt fence repaired. Commissioner Toth referenced the letter of intent and asked who that is addressed to. Mr. Myhra commented on the different contractors that are involved in the project, Royal Pool, Royal Outdoor Services and Myra Design Group. Commissioner Lorberbaum asked if the contractor has heard of the come clean, leave clean concept. Mr. Myhra commented that he is not familiar with that. Commissioner Lorberbaum provided clarification on the concept. Mr. Myra confirmed that they follow that practice. Commissioner Lorberbaum expressed concern with jumping worms, noting that the contractor should be cautious of where mulch is obtained from. Mr. Myhra stated that he has two distributors he purchases mulch from and noted that he will inquire if they have had issues with that, noting that he has not come across that in his projects. He stated that perhaps there is herbicide that could treat the mulch. Commissioner Lorberbaum thanked the contractor for agreeing to the replacement of the Japanese lilac tree with the service berry tree. She asked if there would be a buffer to treat the water before it reaches the pond. Mr. Myhra commented that they have the dedicated buffer zone with the MnDOT seed mix. Commissioner Lorberbaum referenced condition four, noting that perhaps a rain garden could be added to slow the flow of the water. Public Works Director Ryan Ruzek commented that the Mendota Heights Code requires discharged water to be de-chlorinated and discharged on the property. He noted that question would be more appropriately addressed by the pool contractor. APPROVED: 04/26/2022 Peter Molinaro, applicant, stated that the pool company is reputable and would be used to shut down the pool. He confirmed that all standard procedures would be used in shutting down the pool. He commented that there would not be a discharge area as he does not plan on the water being discharged into the pond. Mr. Myhra commented that he specializes in pool projects but has not come across that question. He confirmed that they could look into the matter. Commissioner Lorberbaum referenced the comment that the buffer would be restored with a seed mixture, noting that the mentioned Eldorado reed grass is not preferred by Commissioner Johnson. Mr. Myhra noted that seed mix could be used. 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: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF HE WETLANDS PERMIT TO PETER AND TERESA MOLINARO AND FOR THE PROPERTY LOCATED AT 790 HAVENVIEW COURT, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW IN-GROUND SWIMMING POOL, DECK, FENCE AND LANDSCAPING, BASED ON THE FINDINGS-OF- FACT AND WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS APPENDED TO THE PLANNING REPORT FOR CASE NO. 2022-03 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTING OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT AND DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW POOL STRUCTURE SHALL COMPLY WITH ALL STANDARDS AND RULES UNDER TITLE 9 BUILDING REGULATIONS SECTION 9-2-1: SWIMMING POOLS AND TITLE 12 ZONING OF THE CITY CODE, AND THE MINNESOTA STATE BUILDING CODE REGULATIONS. 3. THE NEW SWIMMING POOL AND RELATED STRUCTURE WORK SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 4. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE DIRECTED ONTO THE SUBJECT PROPERTY ONLY AND SHALL NOT DRAIN APPROVED: 04/26/2022 DIRECTLY INTO THE ADJACENT POND. ANY DRAINAGE ONTO PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE PERMISSION OF THE PUBLIC WORKS DIRECTOR. 5. THE OWNERS SHALL PROVIDE AND MAINTAIN A 15’-20’ WIDE VEGETATIVE BUFFER (NO DISTURBANCE) FROM THE POND EDGE AND THE DRAINAGE AND UTILITY EASEMENT LINE, WITH SAID BUFFER PLANTED WITH A MNDOT SEED MIX LIST #33-261 OR OTHER PLANTINGS APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 6. THE PROPOSED FENCE SHALL BE PLACED UP TO OR OUTSIDE THE DRAINAGE AND UTILITY EASEMENT LINE. 7. ANY NEW EXCAVATION, GRADING AND/OR CONSTRUCTION ACTIVITY 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. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, INCLUDING THE BUFFER AREA, SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED. 9. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. ON WEEKDAYS AND 9:00 A.M. TO 5:00 P.M. ON WEEKENDS. 10. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN. 11. EFFORT WILL BE MADE TO BUFFER THE DISCHARGE OF POOL WATER. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. B) PLANNING CASE 2022-06 DAVID AND JOLENE SYLVESTER/GROUND ONE DESIGN, 601 POND VIEW DRIVE – WETLANDS PERMIT Public Works Director Ryan Ruzek explained that the Sylvester’s are seeking approval of a Wetlands Permit to allow the installation of a new patio/seating area in a rear yard, along with some additional patio spaces and walkways near the backside of their home, vegetation clearing, and new landscaping. The subject property is located at 601 Pond View Drive. APPROVED: 04/26/2022 Hearing notices were published and mailed to all properties within 350-ft. of the site; the City received one phone inquiry from the neighbor to the west, and upon review of the plans declared no objections. No other comments or objections were received. Public Works Director Ryan Ruzek 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. Chair Field opened the public hearing. Craig Trenary, Ground One, provided background information on his experience noting that he is familiar with the policies and best management practices. He stated that they are making great effort to restore the nature environment of the backyard in this project. Commissioner Corbett asked if Mr. Trenary was involved in the clearing of the property. Mr. Trenary confirmed that they hired a tree company, which was a misstep. He stated that all the project plans were approved by the homeowner, and they made the misstep of hiring the tree company to remove vegetation prior to obtaining a permit. He acknowledged that although State and Federal regulations do not prohibit changing of vegetation, the City has more stringent regulations, which he is now aware of. Commissioner Corbett noted that this is the fourth case in a row the Commission has seen with an experienced contractor that was not aware of City policy. Commissioner Petschel asked if the contractor has experienced this problem in any other city. Mr. Trenary commented that he has learned through this process that he would verify whether a permit is needed before removing vegetation. Commissioner Lorberbaum asked if the contractor is familiar with the come clean, leave clean concept. Mr. Trenary commented that he had the benefit of hearing the last discussion and would also comply with that concept. Commissioner Katz asked if the contractor is aware of the issue with jumping worm. Mr. Trenary commented that he is aware of that and asked his mulch distributor about it last year and would continue to do so. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. APPROVED: 04/26/2022 COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Katz asked if the question from Commission Petschel was more City directed. Commissioner Petschel confirmed that he has asked the question before and believes the City needs to change its wetland permitting process. He stated that based on his limited research, Mendota Heights is the only community that regulates a wetland permit for any work within 100 feet of a wetland/pond. He noted that in his neighborhood, 60 percent of the homes would be required to obtain a wetland permit for work in their backyard. He explained that it seems like micromanagement of yard work. He acknowledged that the City continues to receive retroactive permit requests for this type of work. Commissioner Corbett agreed that it is a circle of education and reaction to neighbor calls, with contractors not aware of this type of process. Commissioner Petschel stated that there should be a review of the ordinance and people should have a level of freedom for what they can do on their property rather than a neighbor dragging someone in because they do not like what they are doing on their own property. He noted that it causes significant delays and additional costs. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER LORBERBAUM, TO RECOMMEND APPROVAL OF A WETLANDS PERMIT TO DAVID AND JOLENE SYLVESTER, AND TO THE PROPERTY LOCATED AT 601 POND VIEW DRIVE, 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 WITH THE FOLLOWING CONDITIONS: 1. ALL WORK AND IMPROVEMENTS NOTED ON THE PLANS FOR PLANNING REPORT CASE NO. 2202-06 SHALL BE THE ONLY APPROVED WORK ALLOWED UNDER THIS WETLANDS PERMIT. IF ADDITIONAL CONSTRUCTION WORK IN AREAS UP TO 100 FEET FROM POND EDGE IS NEEDED, EXCLUDING THE PLANTINGS OF TREES AND VEGETATION, THE OWNER MUST CONTACT CITY STAFF PRIOR TO COMMENCING ANY WORK, AND REPAIR AND REPLANT ANY DISTURBED AREAS WITH SUITABLE PLANTINGS AND MATERIALS, PER DIRECTION OF THE CITY’S NATURAL RESOURCES COORDINATOR. 2. THE NEW PATIO, RETAINING WALLS, STAIRS, PATHS, LANDSCAPING INSTALLATION, RESTORATION WORK, AND OTHER RELATED YARD IMPROVEMENTS WITH THIS PERMIT SHALL COMPLY WITH ALL APPLICABLE STANDARDS AND CONDITIONS NOTED UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 3. THE APPLICANT/OWNER SHALL NOT COMMENCE ANY CONSTRUCTION, GRADING WORK OR ADDITIONAL REMOVAL OR CLEARING OF TREES AND APPROVED: 04/26/2022 VEGETATION NEAR THE POND UNTIL THE CITY OF MENDOTA HEIGHTS HAS RECEIVED THE REQUESTED WETLAND DELINEATION REPORT, WHICH IS TO BE REVIEWED BY THE APPROPRIATE CITY STAFF AND PRESENTED TO AND ACCEPTED BY THE CITY COUNCIL AT A LATER DATE. 4. ANY REMOVALS, EXCAVATING, GRADING, AND/OR CONSTRUCTION ACTIVITY RELATED TO THE NEW BACKYARD IMPROVEMENTS, INCLUDING THE PATIO, RETAINING WALLS, STAIRS, PATHS, AND LANDSCAPING INSTALLATION SHALL BE IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. FULL EROSION/SEDIMENTATION MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF ANY CONSTRUCTION, GRADING, OR INSTALLATION WORK, AND MAINTAINED THROUGHOUT THE DURATION OF THE PROJECT. DOUBLE BARRIERS SHALL BE PLACED ALONG THE EDGE OF THE POND FOR ADDED PROTECTION. 6. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, 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 OR COMPLETED. 7. ANY SITE CONSTRUCTION OR REMOVAL SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS, AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. 8. EFFORT WILL BE MADE TO COME CLEAN, LEAVE CLEAN AND THAT THE MULCH IS FREE OF JUMPING WORM. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its April 5, 2022 meeting. Staff Announcements / Updates Public Works Director Ryan Ruzek gave the following verbal review: • The Council approved the conditional use permit for the wireless facility noting that the applicant provided a fence plan meeting the recommendations of the Commission. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO ADJOURN THE MEETING AT 7:38 P.M. AYES: 6 NAYS: 0