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2022-05-24 Planning Commission MinutesAPPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 1 of 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES May 24, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 24, 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 Sally Lorberbaum, Cindy Johnson, Michael Toth, and Andrew Katz. Those absent: Commissioners Patrick Corbett and Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of April 26, 2022 Minutes Chair Field noted that Commissioner Lorberbaum provided suggested changes to be incorporated into the minutes prior to the meeting. The Commission agreed with her changes. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF APRIL 26, 2022 WITH THE PROVIDED CHANGES.; ALONG WITH PERIOD TO BE ADDED ON PAGE FIVE, THE SECOND TO LAST PARAGRAPH. AYES: 5 NAYS: 0 Hearings A) PLANNING CASE 2022-09 XCEL ENERGY, 800 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT Community Development Director Tim Benetti explained that Xcel Energy (Northern States Power Company) was seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit in order to provide a number of safety and functional improvements to the Sibley Propane Plant Facility, located at 800 Sibley Memorial Highway. Hearing notices were published and mailed to all properties within 350-ft. of the site; two calls from neighboring properties were received; and no other comments or objections to this request were received. Community Development Director 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). APPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 2 of 6 Staff recommended approval of this application based on the findings and with conditions. Commissioner Toth commented that in the event a directional bore cannot take place there is a plan B identified. He asked what would occur that would eliminate the opportunity to do directional boring. Community Development Director Benetti commented that they could run into rock or other features that could preclude that. He noted that the goal is to do directional boring as it would be the least impactful. He noted that if an open trench (plan B) is needed, there is a tree replacement plan identified. Commissioner Johnson asked what is happening after the riprap and whether the velocity would be slowed down enough. Community Development Director Benetti provided details on the path drainage would follow, eventually to interstate valley creek. Commissioner Johnson asked if staff has looked at the impact to the creek and the velocity that would be going to the creek. She asked if there would be sufficient plant materials and roots that could clean the water sufficiently before reaching the creek. Public Works Director Ryan Ruzek replied that the construction of the pond would drastically reduce the amount of water going to the creek and therefore staff is comfortable that this will be a major improvement from what exists today. He noted that the majority of the water would be collected in the pond and a storm event that would typically discharge to the creek in ten minutes under the current conditions would take 40 hours after the improvements are completed. Commissioner Johnson asked if there is enough vegetation after the armoring. Public Works Director Ruzek replied that he has not been to the bottom of the hill for a few years. Commissioner Johnson stated that she would be concerned if there is enough vegetation. Public Works Director Ruzek commented that Xcel has always been a good partner to the City and therefore if additional plantings were needed, he was confident that Xcel would partner with the City to get that done. Chair Field commented that the pond and riprap would dissipate the flow and it would be drastically better than the existing conditions. Public Works Director Ruzek confirmed that noting that currently there is no stormwater management on the site. Commissioner Lorberbaum noted a suggested recommendation of full erosion and sedimentation measures and asked for details on what that would entail. APPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 3 of 6 Community Development Director Benetti noted that while the language is vague, more detail is found under the City’s SWPPP which identifies the elements that can be used. Chair Field opened the public hearing. Brian Sullivan, Xcel Energy, stated that they are attempting to make the site compliant with today’s standards and are willing to work with City staff to incorporate any additional suggestions. Commissioner Johnson thanked the applicant for the detailed plans. She asked the plan for ensuring that the trees that will be planted will be successful. Mr. Sullivan replied that they have a vegetation management group that take care of watering of new trees and vegetation. Commissioner Johnson suggested the use of watering bags in the case the watering crew does not come through enough. Mr. Sullivan stated that he would be open to that suggestion. He stated that all the trees would also be guaranteed for one year. Commissioner Johnson asked if the applicant is familiar with the “come clean, leave clean” policy to prevent the spread of invasive species. Mr. Sullivan replied that the vegetation management crew is familiar with that policy. Commissioner Johnson provided information about invasive jumping worm, noting that the only “cure” is prevention. She also provided information on the “come clean, leave clean” policy. Chair Field stated that the Commission also had this conversation with Xcel on a previous application therefore he believes that the proper people are aware of it. Tom Muck, Farmdale Road, commented that this is a tank farm and even though it is well kept, it provides the character of an industrial area rather than a residential area. He understood the plan to cut the new water line through a dirt path that is already there but could not tell how many feet of tree removal would be required. It was clarified that the area marked for removal would be 40 feet. Mr. Muck commented that the plan then envisions cutting a 40-foot swath through the trees that provide screening to the residential properties. He did not see a necessity to cut any trees. He believed there was enough room on the trail to come through that. He recognized that there is a replanting plan but noted that those trees will be small and take time to grow. He referenced an item within the public hearing notice that states restore and repair a drainage channel outside the limits of the tank farm and asked for additional details. APPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 4 of 6 Community Development Director Benetti identified the area outside of the tank farm and provided details on the work that would occur in that area to repair runoff drainage. Mr. Muck asked that the Commission require no tree removal. He stated that if it is necessary, he would like to hear a good explanation of why that is needed. Ed Hanton, 1288 Aspen Way, referenced the new structure that would be used to upload or download and asked if that would mean there would be more trucks coming in and out of the site. It was confirmed that there would not be additional trucks coming and going from the site after construction is completed. Joanie Tibbets, identified her home on the map, and stated that she is concerned that the screening could be impacted if trees are removed. She noted that even during the winter months the trees provide screening but stated that some of those trees have been removed in a previous project. She stated that stadium lighting was then added as well. She was concerned that if more trees were removed, it would cause more impact to her property. She stated that she does not want to feel like she lives next to an industrial park. Jim Vaughn, 1300 Aspen Way, asked for clarity on which trees are proposed for removal. Community Development Director Benetti replied that the trees proposed for removal are along the west side of the driveway. He stated that there would be new plantings near the roadway on both the west and east sides. Mr. Vaughn asked where the pond would be located. Community Development Director Benetti replied that the pond would be located on the southeast corner of the tank farm. Mr. Sullivan recognized the concern for the trees mentioned by the residents. He noted that their intention is to directionally bore the water line through. He commented that sometimes that does not work and therefore the alternate plan was included to complete that via trench. He stated that in the eight years he has been with Xcel there has only been one time directional boring did not work. He stated that if directional boring does not work, they would follow the trail to trench. He explained why 40 feet would be needed for trenching. He hoped that they would not need to remove trees and could use directional boring. He stated that they could work with the residents on the placement of replacement trees as well. Commissioner Johnson asked the type of lighting that is on the site. Mr. Sullivan commented that the lighting should be directionally down but noted that he is unsure. He stated that he can follow up to ensure lighting is not going into neighboring windows. Commissioner Johnson asked if some evergreens could be planted in the corridor area to help provide screening. APPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 5 of 6 Mr. Sullivan replied that they can adjust the planting plan. He noted that many of the plantings are planned along the entrance drive, but some could be moved to the eastern border if desired. Commissioner Johnson commented that she would not want to take away from what is being down near the entrance but asked if additional trees could be added. Mr. Sullivan confirmed that additional evergreens could be added. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT REQUEST FROM XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY, WITH THE FOLLOWING CONDITIONS: 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILS ON THE “SIBLEY PROPANE PLANT” PLANS DATED MAY 18, 2022, AND ANY OTHER PLANS RELATED TO THIS PROJECT, SHALL BE THE ONLY WORK OR IMPROVEMENTS ALLOWED AND APPROVED UNDER THIS NEW MRCCA PERMIT. 2. ALL NEW WATER MAIN SYSTEM WORK AND CONNECTION MUST BE APPROVED OR PERMITTED BY ST. PAUL REGIONAL WATER RESOURCES. 3. THE ENTIRE WATER/FIRE SUPPRESSION SYSTEM, BOTH ABOVE AND BELOW GROUND MUST BE SUBMITTED TO THE STATE FIRE MARSHALL FOR A FIRE SUPPRESSION PERMIT, AND COPIES PROVIDED TO THE MENDOTA HEIGHTS FIRE DEPARTMENT FOR REVIEW AND RECORD KEEPING. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 5. ALL GRADING AND 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. THE APPLICANTS MUST SUBMIT AND RECEIVE A SWPPP PERMIT AND NPDES PERMIT (IF NECESSARY) PRIOR TO START OF ANY NEW CONSTRUCTION WORK. 6. THE APPEARANCE OF THE NEW PUMP HOUSE STRUCTURE MUST BE AS COMPATIBLE AS PRACTICABLE WITH OTHER (EXISTING) SUPPORT STRUCTURES ON THE PLANT SITE, INCLUDING HEIGHT, WIDTH, MATERIALS USED, AND COLOR. APPROVED BY PC 06/28/2022 May 24, 2022 Mendota Heights Planning Commission Meeting Page 6 of 6 7. ALL NEW TREES AND VEGETATION, INCLUDING GROUND COVER FOR RESTORING DISTURBED AREAS ON THE SUBJECT SITE, SHALL CONFORM TO THE TREE REMOVAL AND REPLACEMENT PLANS AND SCHEDULE (DATED MAY 18, 2022) AS PRESENTED, REVIEWED AND APPROVED UNDER THIS MRCCA PERMIT PLANNING APPLICATION. 8. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, ESPECIALLY AREAS IN THE ADJACENT BLUFF AND BLUFF IMPACT ZONE, SHALL BE RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER ALL IMPROVEMENTS HAVE BEEN INSTALLED OR COMPLETED. 9. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. FURTHER DISCUSSION: CHAIR FIELD NOTED THAT THE TRENCHING WAS A CONTINGENCY AND THEREFORE DID NOT BELIEVE AN ADDITIONAL CONDITION WAS NECESSARY TO ADDRESS THAT. COMMISSIONER KATZ AGREED THAT CONDITION IS NOT NECESSARY. COMMISSIONER TOTH AGREED. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its June 7, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti provided an update on recent Council activity regarding cases recommended by the Planning Commission. Commissioner Lorberbaum noted items that had previously been delayed and asked if it would make sense to discuss those on agendas that are light. Community Development Director Tim Benetti replied that would be a part of the Code review and update. Chair Field agreed that would be the most efficient method to move forward. Adjournment COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:52 P.M. AYES: 5 NAYS: 0