Loading...
2022-09-06 City Council Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA September 6, 2022 – 6:00 pm Mendota Heights City Hall 1.Call to Order 2.Roll Call 3.Pledge of Allegiance 4.Adopt Agenda 5.Consent Agenda a.Approval of August 16, 2022 City Council Minutes b.Approval of August 16, 2022 City Council Work Session Minutes c.Approval of August 17, 2022 City Council Work Session Minutes d.Approval of August 22, 2022 City Council Work Session Minutes e.Approval of August 23, 2022 City Council Work Session Minutes f.Acknowledge the July 26, 2022 Planning Commission Meeting Minutes g.Acknowledge July 2022 Fire Synopsis h.Resolution 2022-67 Final Payment and Acceptance of the Wentworth Park Paving Improvements i.Accept Donation for Victoria Highlands Pitching Mound j.Approval of a Temporary Warming House Trailer at Wentworth Park for 2022-2023 Season k.Accept Probationary Firefighter Resignation l.Approval of July 2022 Treasurer’s Report m.Approval of Claims List 6.Citizen Comment Period (for items not on the agenda) *See guidelines below 7.Presentations 8.Public Hearings a.Annual MS4/NPDES Hearing 9.New and Unfinished Business a.Ordinance 573 Amending Title 14, Concerning Chloride Reduction Page 1 of 206 Tuesday, September 6, 2022 City Council b. Resolution 2022-68 Approving a MRCCA Permit to Michael and Nicole Frattallone - property located at 1010 Sibley Memorial Highway c. Resolution 2022-69 Approving a MRCCA Permit and Variance for New Security Fence to Xcel Energy – property located at 944 Sibley Memorial Highway d. Resolution No. 2022-70 Approving a Lot Split (Minor Subdivision) to Dick Bjorklund – property located at 2511 Condon Court e. Resolution No. 2022-71 Approving a New Subdivision titled “B Marie Addition” and Conditional Use Permit for Oversized Detached Garage to Jeff Simek – property located at 1753 Sutton Lane Parcel Combination) f. Police Department and City Hall Architectural Services Contract g. Award Professional Services Contract for the 2023 Street Improvements 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised. Page 2 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 16, 2022 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Mazzitello, and Miller, were also present. Councilor Paper was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling items C, G, and H. a.Approval of August 3, 2022 City Council Minutes b. Acknowledge July 12, 2022 Parks and Recreation Commission Minutes c.Resolution 2022-63 & 2022-64 Ordering the Preparation of Feasibility Reports for Victoria Curve Street Improvements and Emerson Avenue Street Improvements d. Resolution 2022-62 Authorize Sale of Fleet Vehicle – 2013 Ford Explorer e. Approve Purchase Order for Tree Removals f.Authorize the Posting for a Communications Coordinator g.Accept Firefighter Resignations from the Mendota Heights Fire Department h. Acknowledge the June Par 3 Financial Report i.Approve Massage Therapist License – Sarah Nelson j.Approve Resolution 2022-65 Approving an Administrative (Minor Development) MRCCA Permit to 1065 Douglas Road – Jessica & Zachary Shaheen (Planning Case No. 2022-18) k. Approve July 2022 Building Activity Report l.Approval of Claims List 5aPage 1 of 206 Tuesday, September 6, 2022 City Council Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS C) RESOLUTION 2022-63 & 2022-64 ORDERING THE PREPARATION OF FEASIBILITY REPORTS FOR VICTORIA CURVE STREET IMPROVEMENTS AND EMERSON AVENUE STREET IMPROVEMENTS Councilor Mazzitello stated that in talking to neighbors there was concern on the Emerson corridor related to speed and the sharp blind curves. He hoped that striping, signing or other things could be included in the feasibility report that would make drivers aware of those conditions in the road. Public Works Director Ryan Ruzek replied that staff is aware of those issues. He noted that one possibility would be to have pedestrian trails on the sides of the road with double yellow striping for vehicles. He stated that there are elements being reviewed to enhance safety for both pedestrians and vehicles. He commented that the radar speed signs are effective, and he would propose to add them in this area to address speed. Councilor Mazzitello moved to adopt RESOLUTION NO. 2022-63 & 2022-64 ORDERING THE PREPARATION OF FEASIBILITY REPORTS FOR VICTORIA CURVE STREET IMPROVEMENTS AND EMERSON AVENUE STREET IMPROVEMENTS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 G) ACCEPT FIREFIGHTER RESIGNATIONS FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT Mayor Levine thanked Dan Willems noting that she worked with him as he was a member of the Relief Association. She also thanked Mike Winters for his service as well. Councilor Miller commented that Mike Winters was a member of his squad for many years and his family conditions changed in recent years with the addition of three children. He stated that Mr. Winters is also a full-time firefighter for Eagan, and it was becoming difficult to manage a call percentage that he felt he needed to in order to be in good standing with the Mendota Heights department. He commented that Mr. Winters set high standards for himself, and they will continue to work with him on mutual aid calls. He commented that Captain Willems is one of his closest friends in the department and he will be missed. He stated that Captain Willems was instrumental in specking out the UTV that the department uses. He commented that Captain Willems purchased a home in Stillwater and therefore it would be difficult for him to continue to serve. He commented that Captain Willems is also a full-time firefighter for South Metro and therefore they will continue to see him on mutual aid calls as well. He noted that while those individuals will be missed, he is encouraged by the new recruits that are beginning with the department. Page 2 of 206 Tuesday, September 6, 2022 City Council Councilor Miller moved to accept FIREFIGHTER RESIGNATIONS FROM THE MENDOTA HEIGHTS FIRE DEPARTMENT. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 H) ACKNOWLEDGE THE JUNE PAR 3 FINANCIAL REPORT Mayor Levine commented that it is great to see the Par 3 continue to be successful. She thanked the individuals that are supporting the course and using the public amenity. She commented that it is always great to see when revenue is up, and expenditures are down. Councilor Mazzitello moved to acknowledge THE JUNE PAR 3 FINANCIAL REPORT. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS None. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-61 DISCUSSING THE REGIONAL ROADWAY SYSTEM VISIONING STUDY Public Works Director Ryan Ruzek explained that the Council was being asked to receive a presentation on the Dakota County Regional Roadway System Visioning Study and consider approval of Resolution 2022-61. Erin Laberee, Dakota County Transportation Director, stated that the Regional Roadway System Visioning Study update has been completed. She identified the study area and reviewed the background information. JoNette Kuhnau, Kimley-Horn, commented that the full final report was included in the Council packet and explained that she would focus on updates to the final recommendations based on the feedback from the cities within the study area. She stated that there are 16 recommended roadway improvements and highlighted a new recommendation that was added for Delaware Avenue as well as multimodal transportation recommendations. She explained that the recommendations within this report are focused Page 3 of 206 Tuesday, September 6, 2022 City Council at a system level and does not preclude agencies from evaluating or implementing localized improvement where there is an identified need. She reviewed the traffic capacity 2040 visioning baseline and the version that includes the recommendations. She stated that they have shared the final report with all four cities and are requesting adoption of the recommendations, after which it would be presented to the County Board for adoption in September. Councilor Mazzitello commented that this is an excellent report and liked the engagement with residents to gather input. He referenced the TH 149 corridor and noted that there are not identified improvements in the plan. He asked if a statement could be added to the motion from the Council about potential spot improvements on the TH 149 corridor as that is an area of concern for Mendota Heights residents. Ms. Laberee confirmed that would be appropriate. Councilor Duggan commented that he focused on 149 and 62 as that impacts Mendota Heights whereas the other portions of the study focus on other communities, although he recognizes the interconnectivity. He commented that he does not have a sense that those impacts are addressed in the report. He agreed with the suggestion of Councilor Mazzitello in relation to the additional language from TH149. He commented that as Mendota Plaza grows with additional housing units, that will make a significant contribution to traffic in that area. He stated that he would like to see some consideration to taking a stronger and more in depth look at those two areas. Ms. Kuhnau stated that the study does have two recommendations on TH62. She stated that what they have seen on congestion on that roadway is that it is focused on the intersections at Dodd Road and Delaware. She stated that as development occurs, the amount of traffic increase on Dodd Road is not as significant as what would be to Delaware. She stated that the statement she referenced about localized improvements was meant to address local intersections and this study did not look at residential intersections with County or State roads but that does not mean there will not be needs at those intersections. She stated that MnDOT and the City may need to address that intersection, but it is not included in this system study. Councilor Duggan agreed with Councilor Mazzitello that the additional statement should be added to a motion. He stated that he was also surprised to see the traffic projection numbers were lower in this update than in the original study. Ms. Laberee stated that she believes that MnDOT will be looking at the intersection at Dodd Road and 62. Ms. Kuhnau explained that the forecasts that were done as part of the 2010 study used information from the region that anticipated more aggressive growth than what actually developed. She explained that informs how they look forward to anticipate future growth. She used the example of multi-story office buildings were lesser dense commercial buildings were constructed, and single-family homes being constructed versus multi-family housing. Public Works Director Ryan Ruzek stated that he has met with MnDOT. He noted that this is a Dakota County study that focuses on high level elements of the regional system. He did not believe that adding a statement related to the 149 and 62 intersection would add value as that intersection is already identified Page 4 of 206 Tuesday, September 6, 2022 City Council as a deficiency in the study. He noted that in his conversations with MnDOT, and they are ready to talk about potential improvements for 62 and Dodd Road. He stated that they will focus on this intersection at a local level with MnDOT. Mayor Levine commented that this study does not look north of 62 and therefore it is odd that the study cuts the community in half. She encouraged the County to remember that people continue to travel north. She commented that there was a great engagement process and because the Mendota Heights community engaged, they were able to get the Dodd Road and Delaware Avenue intersections included. She thanked the residents that participated and were able to bring those issues to light. She commented that she is pleased with this study and asked if there are plans to look north. Ms. Laberee stated that this study is a look at future needs and dependent on when development occurs and the impact from traffic is realized. She stated that once that occurs, they will have more engagement with the cities that would have impact from those improvements. She commented that there is not a plan to look north at this time. Mayor Levine commented that she is concerned with the walkability of 62 and Dodd as well as the elevated crosswalk. She commented on the walkability of the Plaza and the Village/Market Square and therefore would want to see pedestrian needs incorporated as well. Public Works Director Ryan Ruzek stated that Dakota County is doing a separate study for pedestrians involving the Dodd Road intersection. He provided a grammatical suggestion for the draft resolution. Councilor Mazzitello moved to approve RESOLUTION 2022-61 DISCUSSING THE REGIONAL ROADWAY SYSTEM VISIONING STUDY UPDATE WITH THE FOLLOWING AMENDMENTS: IN PARAGRAPH ONE, THE WORD INTERCHANGE IN THE FIRST SENTENCE SHOULD BE CHANGED TO OVERPASS, AND PARAGRAPH TWO WOULD READ AS “SUPPORTS THE ADDITION OF NEEDED IMPROVEMENTS TO THE TH 62 INTERSECTIONS WITH TH 149 AND CR 63 IN ADDITION TO SPOT IMPROVEMENTS ON CR 63 AND TH 149 BETWEEN I494 AND TH 62. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 B) VOLUNTEER PROGRAM UPDATE Assistant City Administrator Kelly Torkelson stated that the City Council approved a new City volunteer policy and established an official City volunteer program in April. She provided an update regarding the process of the program and on Adopt-A-Park programs. Councilor Duggan asked if the portal item has been launched. Assistant City Administrator Kelly Torkelson confirmed that all those items have been launched and provided details on how volunteers would use that portal that is found on the City website. Page 5 of 206 Tuesday, September 6, 2022 City Council Councilor Duggan asked if the new City website would make it easier for users to find the information they are looking for. Assistant City Administrator Kelly Torkelson confirmed that the intent of the website update is to make things easier for users. Councilor Miller stated that he loves the ideas and think they are great. He stated that he likes the Volunteers in the Park concept as there is a group of devoted residents and this would provide an opportunity for them to continue in an updated way. He commented that these volunteer programs are good for those that participate and those that benefit from those efforts. Councilor Mazzitello commented on the volunteerism of the Rogers Lake Homeowners Association and was happy to see that being formalized and recognized. Mayor Levine commented that she ran into a new group of volunteers this past weekend at the Parks Celebration and also noticed at Mendota Days. She thanked the residents that are participating in the volunteer programs and hoped that the interest sustains and grows over time. She was excited to see the portal active and interest from the community. She was also excited to see the updating of the website to make it more user friendly. C) CONSIDERATION OF FIELD RENOVATION WORK AT CIVIC CENTER BASEBALL FIELD Parks and Recreation Manager Meredith Lawrence provided background information on the case and stated that the City Council is asked to consider proposed renovation work at the Civic Center baseball field. Councilor Duggan commented that in the past there were discussions about expansion of the City Hall campus and would suggest that if this is approved there be a condition that the design of a potential expansion cannot disturb or break up the fields. Public Works Director Ryan Ruzek replied that at this time the City has not chosen what the impacts would be for the campus and therefore the consultant is looking at a multitude of options. He noted that if there is an expansion to the west there could be short-term or long-term impacts to the fields, depending on what the City decides to do. Councilor Duggan noted that it would then seem that potential impacts could impact this improvement to the fields which is a concern. Public Works Director Ryan Ruzek confirmed that is a concern. Councilor Duggan commented that concern should be raised with the consultant and wanted it expressed to the consultant that the fields should not be impacted. Public Works Director Ryan Ruzek replied that without knowing what the impacts would be, it should be kept in mind that the expansion to City Hall would be multi-million dollar while the improvement to the Page 6 of 206 Tuesday, September 6, 2022 City Council field would have a minimal cost in comparison. He confirmed that an expansion to the west was requested as an option. Councilor Duggan commented that the Mertensotto family would like the sign to be updated that identifies the field. Public Works Director Ryan Ruzek confirmed that staff would look at that. Mayor Levine commented that she is very concerned with the timing of this as this was not included on the 2022 maintenance plan, therefore she was surprised to see a $30,000 item proposed from the general fund right before they consider budgeting for the next year. She commented that she is not even aware whether this is the most important maintenance item to complete. She asked why this item was brought to the Council today. Public Works Director Ryan Ruzek stated that staff originally believed that this project would be similar in scale to the Mendakota project to repair the lip work which had a cost of $5,000 or $6,000. He stated that after review of the field by professionals, drainage issues were identified as well that are needed to correct the field. He stated that this is one of the top-class fields in the city and is ranked highly for reservations by users. Mayor Levine commented that $30,000 is a lot of money to spend on one field that has not been budgeted. She asked if due diligence has been completed and whether a smaller scale has been considered. She commented that the Police station is in major disrepair, and they are in the process of developing plans for the expansion of the campus. She commented that dirt storage has a huge cost and therefore nearby locations are most convenient for cost savings. She stated that the most logical place to store dirt is next to the construction site. She stated that if the architect is limited by not being able to use the field, that could result in the remodeling costing more. She asked if the field is usable and whether the repairs could wait. She asked why this was not budgeted for 2022. Public Works Director Ryan Ruzek agreed that trucking dirt is not cheap and therefore keeping materials onsite that will be reused results in a major cost savings. He confirmed that moving dirt could easily exceed $30,000. He stated that the City could push this improvement to 2023, which would provide a larger window for contractors but that could impact the season. He stated that they could also ask the contractor to not begin the work until July to have minimal impacts to the field. He noted that hopefully by that time some of the answers for the Civic Center campus may be answered. Mayor Levine commented that people will be upset if these improvements happen only to be covered in dirt. Councilor Mazzitello asked the playability of the field and how much these repairs would impact the usability of the field for users. Parks and Recreation Manager Meredith Lawrence commented that this field is very desired and continues to be requested by users. She stated that this goes back to the discussion at the worksession where there are multiple things that could use work, but they could also wait and go back for bids in 2023. Page 7 of 206 Tuesday, September 6, 2022 City Council Councilor Mazzitello commented that it would seem that fall is the best time to do this work as it least impacts the usability of the field. Parks and Recreation Manager Meredith Lawrence confirmed that spring and summer seasons use the field through July. She commented that MHAA does use the field for fall ball as well and has requested that the repairs be delayed until the fall to continue use for the season. Councilor Mazzitello stated that he is confused about the potential impact to the ball field due to the Civic Center campus renovations as there is a solar array between the two. He asked if the solar array would be relocated or whether the ball field would be utilized for material storage. Public Works Director Ryan Ruzek stated that if an expansion is aimed to the west, the solar array would likely be taken offline during the construction season and would then be converted to the roof. Councilor Mazzitello commented that is but one alternative the architect will be looking at, which does not mean the solar array is going to be moved to the roof. He stated that multiple alternatives will be reviewed during this process. Public Works Director Ryan Ruzek stated that the Fire Department did take its solar array offline during construction, which just added one year to the lease. Councilor Mazzitello commented that during the worksession with MHAA they discussed lifecycle maintenance of the park facilities where those amenities should be on a schedule similar to other infrastructure. He stated that maybe this improvement would have happened if the City had that type of program. He commented that the field has been in this condition for a while and asked if the improvement could be delayed another year in order to continue on in the budgeting discussions and potential park maintenance funding. Councilor Miller commented that he is not in favor of deferred maintenance on things that need to get fix when they need to get fixed but is equally not in favor of spending money when they do not need to in the moment. He stated that he cannot sign off on this because while it is a need, there is a plan and budget that needs to be adhered to. He did not believe that approving this would be in good stewardship of tax dollars and instead believed that this should be included in the budgeting for 2023 to make it work in concert with the potential renovations at City Hall. City Administrator Cheryl Jacobson stated that perhaps this is added to the list for the budgeting worksession, noting that the worksession tomorrow will focus on parks. Councilor Duggan moved to POSTPONE A DECISION ON THE PROPOSED IMPROVEMENTS FOR CIVIC CENTER FIELD AND CONTINUE THE DISCUSSION AT THE WORKSESSION THE FOLLOWING NIGHT FOR POTENTIAL INCORPORATION INTO THE 2023 BUDGET. Councilor Miller seconded the motion. Further discussion: Councilor Miller stated that he does support the project, just not in the manner proposed. Page 8 of 206 Tuesday, September 6, 2022 City Council Councilor Mazzitello agreed that these improvements are needed but it should be done right. Mayor Levine stated that the Council agrees that maintenance is necessary but there needs to be a plan, as was discussed in the worksession prior to tonight’s meeting. She commented that there is going to be a renewed cooperation between MHAA and the City engineering department to develop that maintenance plan for the fields and park facilities and a process for users to request or recommend field improvements. Ayes: 4 Nays: 0 D) CONSIDERATION OF TEMPORARY WENTWORTH PARK WARMING HOUSE FOR 2022- 2023 SEASON Parks and Recreation Manager Meredith Lawrence provided brief background on this item and noted that the City Council is asked to determine the next steps for the 2022-2023 warming house season at Wentworth Park. Councilor Mazzitello commented that he has apprehension about demolishing the warming house without a plan for replacement. He asked if staff has looked at using public works staff to make repairs to the existing warming house to use it for one more season rather than renting a trailer. Parks and Recreation Manager Meredith Lawrence replied that public works staff has done work on this warming house building the last few years. She stated that the benches have collapsed with people sitting on them. She stated that the warming house has not been opened and staffed for the past few years. Public Works Director Ryan Ruzek commented that with the number of rodents and critters that have made their way through the building, he believed it would be wisest to remove the building. He stated that the Park and Recreation Commission did tour Wentworth Park and recommended removal of the building. Councilor Mazzitello commented that he believes that this will place more emphasis on the replacement of the building during the budgeting discussions. He stated that he slept in a portable trailer of that nature in Afghanistan with two others. Mayor Levine commented that although Councilor Paper was not able to attend tonight, he did provide input to staff. City Administrator Cheryl Jacobson commented that Council Paper echoed the comments of Councilor Mazzitello. He did not believe the building should be torn down without a plan for replacement and believed that the aesthetics could be improved for very little money. He commented that a cost of $4,000 per year would add up quickly if a new building is not constructed. Councilor Duggan asked if the proposed temporary shelter would be ADA compliant. Parks and Recreation Manager Meredith Lawrence replied that the trailer would not be 100 percent ADA compliant, but it would not have to be because it would be a temporary structure. Page 9 of 206 Tuesday, September 6, 2022 City Council Councilor Mazzitello asked if the term “haul away” was related to the demolition of the warming house materials. Parks and Recreation Manager Meredith Lawrence confirmed that the demolished materials would be removed from the site and the intent would be to use the temporary trailer for this winter season only with the trailer then removed from the site. She stated that it is the intention of staff to have a new warming house building for the 2023-2024 season. Councilor Duggan asked if the demolition cost includes removal of the demolished materials. Parks and Recreation Manager Meredith Lawrence confirmed that is included in the cost. Councilor Duggan referenced the statement in the staff report that if the trailer is not authorized, staff does not intend to use the existing warming house for the upcoming winter season and asked why. Parks and Recreation Manager Meredith Lawrence replied that as she previously stated there are birds living in the building, therefore from a safety perspective they do not believe it is safe for residents to utilize. Councilor Duggan asked if staff has looked into the cost to remove those critters. Parks and Recreation Manager Meredith Lawrence confirmed that she could look into that cost. Councilor Duggan commented that whatever the action, he believes there should be a not to exceed dollar amount included. Parks and Recreation Manager Meredith Lawrence stated that staff can obtain a cost to remove the birds, but they would need a decision in the next few weeks in order to secure a trailer in time for the winter season. Councilor Duggan asked if the decision could be made at the next Council meeting. Parks and Recreation Manager Meredith Lawrence stated that the trailer rental company was requesting an answer by the following morning to ensure there would be a trailer available. She stated that she could not guarantee a trailer would be available after that time, but staff could do their best. Councilor Duggan believed there were additional questions to be answered. Councilor Miller stated that his comments to the previous item also apply to this item. He commented that he does take the comments of staff to heart as this appears to be more of a safety issue than the field. He stated that he is cautious to demolish the building until there is a real game plan for the new building. He commented that the lack of a plan gives him pause. He stated that if there is not a plan the City would be mooring itself to a long-term lease which would add up quickly. He suggested that the warming house not be staffed this year and they put more effort into a long-term plan rather than nickel and diming this. Page 10 of 206 Tuesday, September 6, 2022 City Council City Administrator Cheryl Jacobson noted that the Wentworth warming house is on the agenda for the budget worksession the following night. Councilor Mazzitello asked if the Building Official could look at the structure to determine if it is safe. He noted that if it is determined to not be safe, he would not want it to remain. Public Works Director Ryan Ruzek commented that he could get that opinion but noted that it would not meet current code because of the time it was built. He asked the expectations of the Council as to what repairs would be. He noted that with addressing indoor and outdoor repairs it could easily add up to $30,000. Mayor Levine recognized there is reluctance to move forward and remove a building without a plan in place. She noted that this item was slated to be completed in the 2022 budget. She commented that proposed project had a bid cost close to $1,000,000 which made it an easy decision for the Council to reject the bid. She stated that there were improvements that were able to be made at Wentworth including the paving of the hockey rink which will result in better ice conditions and more use. She stated that she agrees that they cannot go ahead without a plan but stated that there is a plan that is reasonable. She stated that she would like to delay this decision for two weeks and in that time, she would like to have a solid quote so the Council can commit to the warming house construction in 2023. She stated that if they can commit to the project in 2023, she would support the use of a temporary trailer for this winter season. Councilor Mazzitello moved to table this item to the next meeting. Councilor Duggan seconded the motion. Further discussion: Public Works Director Ryan Ruzek noted that because there are five Tuesdays in August, the next meeting would not occur for three weeks. Councilor Mazzitello referenced the relatively low cost proposed and asked if that cost would require Council approval. He asked if staff would be able to proceed if there is direction provided at the worksession to move forward with the trailer rental. Parks and Recreation Manager Meredith Lawrence confirmed that cost does not require Council approval and that staff could move forward with the trailer rental if that is the direction from the Council at the worksession. Public Works Director Ryan Ruzek stated that projects should be looked at a whole and should not be broken up into segments. Councilor Mazzitello stated that if there is consensus from the Council, the trailer rental could occur following the worksession so that opportunity is not lost, and the Council could approve the remainder of the project as a whole at the next Council meeting. Mayor Levine commented that only the trailer rental would be temporary as the remainder of the costs would be part of the new warming house construction process regardless. Page 11 of 206 Tuesday, September 6, 2022 City Council Councilor Miller commented that he is hesitant to commit when the ultimate cost for a warming house is unknown. He stated that if a responsible alternative can be developed that works for the community and budget, he would support that. Public Works Director Ryan Ruzek noted that even if the trailer were rented for 100 years, it still would not be half the cost of the rejected warming house bid. Mayor Levine asked the cost to purchase this type of trailer. Councilor Mazzitello commented that it is a good temporary structure, but not to be used permanently. Mayor Levine commented that there are prefabricated structures that are built on slab that are good structures. She stated that if they remove the bathroom component it will significantly reduce the cost. City Administrator Cheryl Jacobson stated that this item will be discussed at the worksession the following night and the Council can discuss the type of amenities that should be included in a warming house. She recognized that the previous direction was based off the specifications of the DNR grant to include classroom space and bathrooms. She stated that Friendly Hills and Marie both have warming houses that have been redone and those models could be considered. She noted that a trailer model could also be considered. She recognized that the scale of the warming house will be reduced, and that discussion will occur the following night. Mayor Levine commented that it would be helpful to have some preliminary numbers. Public Works Director Ryan Ruzek stated that in 2018 the typical warming house model in 2018 had a cost of $40,000 whereas the prefabricated structure had a cost of $100,000. He stated that the bathrooms will be the big-ticket cost. He confirmed that bathrooms are not included in the other warming houses. Mayor Levine stated that the Parks and Recreation Commission did recommend this temporary structure with a unanimous vote. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Duggan expressed excitement over the upcoming Rockin Hollywoods concert. He expressed thanks to staff for the recent Parks Celebration events. He commented that school is opening and encouraged drives to be on alert for students. He believed the City should be branded as the little city that can. Page 12 of 206 Tuesday, September 6, 2022 City Council Councilor Miller commented that fall sports have started and the area cross country teams are running on the roads and asked drivers to be alert. Councilor Mazzitello commented that what was once a one afternoon event is now a weekend long event and expressed appreciation to staff and the residents that participate. He enjoyed the food truck event and different offerings. He reminded residents that traffic is a regional issue and while there are local items that can impact traffic, larger issues are often caused by the larger region. Mayor Levine thanked staff for the successful Parks Celebration events. She also acknowledged and congratulated Senator Matt Kline who is a Mendota Heights resident that was recently recognized as a Legislator of Distinction for 2022 by the League of Minnesota Cities. She stated that today was the last day to file for office in the City of Mendota Heights. She commented that democracy requires people to be active and urged residents to get to know the candidates and advocate for what they believe is right. She commented that the community values disagreement without being disagreeable. She asked that everyone vote on November 8th. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:47 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk Page 13 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 14 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held August 16, 2022 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:00 p.m. Councilors Duggan, Mazzitello, and Miller were also present. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Finance Director Kristen Schabacker, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, Natural Resource Coordinator Krista Spreiter, and City Clerk Christine Lusian. OHEYAWAHE / PILOT KNOB TASK FORCE Task force representatives Dale Bachmeier, Al Singer, Autumn Hubbell, and Chris Soutter presented their work and recommended actions. Work conducted by the task force focused on three interrelated areas: capital improvement planning, natural resources, and interpretation. The task force explained that their recommendations for 2023 budgeting include a $4,000 increase for invasive and natural resource improvements, $10,000 cash match for interpretive planning, and $25,000 cash match for property acquisition. The task force will continue to engage with indigenous advisory group and ensure their voice is represented. Singer expressed praise and shared that his observation is that Mendota Heights has done more for natural resources for its size than some larger Dakota County cities. MENDOTA HEIGHTS ATHLETIC ASSOCIATION (MHAA) Mayor Levine opened the discussion with city council members, MHAA representatives John Masica, Dan Novak, Adam Crepeau and Tom Stevens and city staff. Participants had an opportunity to share ideas and solutions to improve communication and the overall relationship between the Association and the City. MHAA representatives expressed frustration with the limitations of the city’s field and facility use policy and the maintenance provided by staff on the city ball fields. Staff expressed challenges responding to numerous 5bPage 15 of 206 Tuesday, September 6, 2022 City Council requests from multiple members of the athletic association community, many of which go above and beyond what city plans and budgets allow. In addition, staff shared concerns about communication between the association and city staff and the association’s park maintenance and improvement requests. The association agreed that the city’s field and facility use policy is necessary but would like to see maintenance standards improved by the city. Public Works Director Ruzek clarified the maintenance practices the City is responsible for, which are reflected in the City’s policy. Councilor Mazzitello requested a more in depth 15-year capital improvement plan that includes funding for routine maintenance for the city’s fields and facilities. The city council asked that staff, MHAA, and Park and Recreation Commission work together to develop these plans and bring forth a document to the council to review. City Administrator Jacobson clarified that the city has a five-year asset management plan and capital improvement plan and explained that planning work has started to develop a longer-term plan. The current short-term plans were developed based on prior MHAA requests and a parks and recreation commission priority project document which was distributed along with lists of MHAA requests from June, May, and October, all of which have been incorporated into the city’s planning documents. MHAA requested the following from the city: • Earlier permitting for field use, a specific date was not provided. The current permit due date is January 1. The Association would like to have an earlier date to support marketing of their tournaments. • Parking waivers for association events for overflow parking. • City support for association fundraising and sponsorship in order to purchase items like scoreboards and positive acknowledgement of the work that Association is doing with Mendota Heights youth athletes. City Administrator Jacobson requested the following from MHAA: • That the Association identify one spokesperson to interact with the Public Works Director to report field improvement and maintenance requests. Jacobson also requested that the Association work within the Association to identify request priorities and communicate those priorities within the Association and then to the city. • That the Association ask questions to the city in order to clarify information and to research the Associations ideas and suggestions. It was noted that city staff are networked with other city Parks and Recreation professionals and are able to verify or research other city’s policies and practices with relative ease. The city and MHAA felt that the following requests from each party were attainable moving forward. MHAA disclosed that a merger with West St. Paul is in process and a name change is forthcoming, which will better describe the inclusivity of the association. Page 16 of 206 Tuesday, September 6, 2022 City Council ADJOURN Mayor Levine adjourned the meeting at 5:44 pm. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk Page 17 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 18 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held August 17, 2022 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 3:00pm. Councilors Duggan, Mazzitello, Miller, and Paper were also present. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Finance Director Kristen Schabacker, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, and City Clerk Christine Lusian. DISCUSSION OF THE FY2023 PROPOSED BUDGET COMMUNITY OVERVIEW City Administrator Jacobson provided an introduction of work session goals reviewing the community population, composition, operating budget, notables, capital improvement plan, fund balance, budget improvement packages, proposed tax rate and levy, and the adoption timeline. Members discussed the impacts of inflation at 9% and the proposed cost of living adjustment for employee wages. The group discussed pay equity requirements, compensation study history, CPI, and comparable cities. Duggan asked for clarification on the tax levy summary, general fund expenditure summary, and the licensing fees for Microsoft 365. REVIEW OF PROPOSED BUDGETS Streets Notable increases include fuel, training, sweeping, and removal of ash trees. Group members reviewed the emergency snow removal and ice control methods, including recently implemented brine making equipment that could result in financial and environmental benefits to the community. Paper stressed the importance and value of continued staff training and development. Members discussed vehicle/equipment values and fuel/alternative energy options with the majority in support of alternative options, such as electric vehicles and charging infrastructure. Duggan raised concern with safety and reliability while Mazzitello noted the importance of the purpose and function of 5cPage 19 of 206 Tuesday, September 6, 2022 City Council each vehicle/equipment. Group members expressed initiative to make connections with resources available to cities in the form of rebates and grants. Parks Notable increases include rentals, fuel, Mendota Height Athletic Association maintenance requests, invasive control, native plantings, and Natural Resources Management Plan. Mazzitello offered to assist with securing state funding support. Staff work includes searching for grant funding and Dakota County is also supportive to the Natural Resources Management Plan. Duggan requested detail on water service expenses, which is irrigation, and the guidelines of USTA grant. Paper asked for further detail on the landscaping at Towne Centre and whether the proposed amount for tree removal is enough. Levine pointed out the importance of providing staff the resources needed to get the job done. Miller was excused 4:50pm. Sewer Utilities Notable changes include training, fuel, lift station, and sewer camera. The lift station equipment life cycle has been exceeded. The sewer camera is critical to operations and a technology update is necessary. Met Council fees do not reflect a change and are expected to drop in 2023. Public Works Director Ruzek reminded members that sewer utilities is not a levied budget item. Concluding Finance Director Schabacker will follow up on ARPA guidelines and offered the option to direct funding towards street projects, which would result in reduced bonding obligation. Members expressed interest in reviewing new project plans, such as Wentworth warming house, in a future discussion of the Special Parks Fund. Councilmember Mazzitello requested staff present alternatives when a new project is being proposed. Mazzitello was excused at 5:10pm. Members were in consensus that councilors and staff work hard to get the most value in service for the money noting that growth is a good economic sign. Remaining members wrapped up the work session completing review of the first agenda item (B.a Streets/Parks/Sewer Utilities). ADJOURN Mayor Levine adjourned the work session at 5:19pm to August 22 at 6:15pm. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk Page 20 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held August 22, 2022 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:15pm. Councilors Duggan, Mazzitello, Miller, and Paper were also present. Staff in attendance included City Administrator Cheryl Jacobson, Police Chief Kelly McCarthy, Fire Chief Dave Dreelan, Firefighter Tom Mittani, Public Works Director Ryan Ruzek, Community Development Director Tim Benetti, Finance Director Kristen Schabacker, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, and City Clerk Christine Lusian. CONTINUATION OF DISCUSSION FROM AUGUST 17, 2022 OF FY2023 PROPOSED BUDGETS Fire / Fire Relief Chief Dreelan provided an overview of the fire department and fire relief association budgets noting no additional new programs. Increased budget amounts reflect increased costs passed along to the department from vendors. Fire will upgrade power tools on the trucks and dispose of equipment before reaching end of life expectancy and following public works practices, convert from gas power to battery. Members of council feel that it is important as one of the few remaining volunteer fire departments to provide competitive benefits, like modest increases to pension contributions. Members would like to allocate an additional $9,000 to the pension contribution or $750 for each firefighter. Police / Emergency Preparedness Chief McCarthy began by noting that the lowest cost option is to contract with Dakota County for services. Presented is a “keep the lights on budget” that reflects approximately a six percent 5dPage 21 of 206 Tuesday, September 6, 2022 City Council increase. Items increasing include rentals and leases for fleet due to backorders, restructuring to clean up budget, protecting private data, and dues. The emergency preparedness budget reflects an increase for replacement of outdoor sirens in escrow long term plan. Levine inquired about mental health and Travis’s Law. Chief explained that it pertains more to dispatch, the department does not have a social worker and do not plan to and are one of two cities in the county that do not have one. Dakota County has seen a large decrease in mental health calls with Travis’s Law. In Mendota Heights there were twice as many calls where mental health response was appropriate than where it was more appropriate for an officer to respond. Police are required to be evaluated twice year plus additional opportunity is available after traumatic calls. Community Development / Code Enforcement Director Benetti noted that this budget includes fair adjustments to development, building inspections, and code enforcement. Contract expiration of a consultant planner and completion of the comprehensive plan reflect a reduction in those expenses. Duggan questioned the planning commission member per diem and Benetti explained that it is anticipated that members will participate in additional workshops at $25 per meeting per member. Recording fees have increased due to number of resolutions being recorded with the county. Miller suggested that recording fees be passed on to applicants. The former community service officer position was not replaced and an office support assistant has absorbed some of the code enforcement duties previously performed by that position. Jacobson added that council can discuss whether a proactive or reactive code enforcement approach is best. Although the budget does not reflect a code enforcement salary, giving the impression that the city does not do code enforcement, there is salary expense related to code enforcement and the office support assistant is budgeted under Administration. Mazzitello suggested adding a code enforcement report to the regular council meeting agenda, similar to the building official report, and include statistics like number of calls, action taken, etc. Paper inquired about the possibility of any increase in a future budget and Benetti explained that permit tracking is currently done in a spreadsheet, cannot continue, and he recommends a permitting software system. Paper commented that a permitting system sounds like forward thinking and Mazzitello expanded on that saying it is actual catch-up thinking. Members discussed how a permitting application is different than the application used by park and recreation for reservations. The permitting software has been discussed for 2024 budgeting, while the city is getting by as is, but it can be done better and there are options available. Storm Water / Street Light Page 22 of 206 Tuesday, September 6, 2022 City Council This fund has had rate increases over the last few years and is a different fund than sewer. Finance staff are the salaries in this budget, along with construction costs for new development, storm ponds, drudging, etc. Levine would like to see increased pond maintenance in a way that protects the wildlife. Lights budget is not a city-wide tax and responsibility would fall on the businesses. Control cabinets and poles are due for replacement, LED conversion provides energy savings. Members have a proactive approach on pole replacement and city staff will coordinate the replacement with an electrician and break out the project into three areas if needed. Engineering Notable items include fuel increase, equipment, natural resource workspace, safety issue with truck windows. Levine would like to make sure the city’s name is on a list committing to an electric vehicle purchase and directs staff to do so. Options for an additional engineering employee were discussed between staff engineer, assistant city engineer and the experience and certification, as well as the specialization options, like water resource, project engineer, etc. Levy would be 1% impact. Duggan is looking for further definition on the position and Miller wants additional time to review the options. Parks-Recreation Mazzitello reviewed the budget thoroughly over the weekend and provided a budget that works, however it would reduce the Wentworth warming house budget significantly. Levine raised concern with the way park items are split between three different budgets. Information was presented on behalf of the building official that Wentworth warming house shouldn’t be used. Previously, council directed $500,000 to build a multiuse warming house facility with classroom/community space. Paper wants water at the park and envisions a building like the Par 3. There was consensus that toilets and classroom space is not worth the extra expense noting the difference between a neighborhood park and a community park. Considering cost of already added warming houses and north end bathrooms, members would like to reduce what was previously allocated and instead direct $100,000 and staff to obtain quotes, inform the park and recreation commission, and move forward with a temporary for the upcoming winter season. Staff asked for clear direction on renovation of Rogers Lake Skate Park. Previously, $180,000 was budgeted and the work group returned with a $500,000 park that included modular features and concrete base. Discussion included a maximum budget, the current surface, surrounding community plans, maintenance, and capital improvement planning. Direction was given to move ahead with Valley View Heights playground and push Rogers Lake picnic shelter renovation to a future budget year. Miller excused himself at 8:46pm. Page 23 of 206 Tuesday, September 6, 2022 City Council ADJOURN Mayor Levine adjourned the work session at 8:48pm to Tuesday, August 23 at 6:15pm in the large conference room. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk Page 24 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held August 23, 2022 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:16pm. Councilors Mazzitello and Paper were also present. Councilors Duggan and Miller were absent. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Finance Director Kristen Schabacker, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, and City Clerk Christine Lusian. PROPOSED BUDGETS Parks (continued) Civic center foul ball fencing recommendation was $10,000 plus field work for $30,000 allocating a project total budget of $40,000. Wentworth tennis court resurfacing could be eligible for grant funding of $10-20,000 from USTA that will go towards two courts, fencing, nets, a complete replacement with a project budget of $90,000. Wentworth warming house budget was reduced to $100,000 from a previously approved $500,000. Other projects include Rogers Lake picnic shelter, skate park improvements, and Valley View Heights playground. Members also discussed the differences between daily/routine maintenance, mid-range/replacement, and larger capital projects. Par 3 Revenue summary includes increased green fees, concessions, and rec program. Budget increase for seasonal pay scale, which a one dollar increase to rounds will support. Rental costs for carts and portable restrooms are up. Notable budget improvements packages include a fence for fall protection which is an OSHA standard, ADA compliance work for sidewalk safety concerns, window replacement at clubhouse, HVAC replacement, replacement of the patio tables and chairs, and clubhouse carpet replacement. Reservation software was also suggested, although the 5ePage 25 of 206 Tuesday, September 6, 2022 City Council city administrator is not recommending at this time, requesting additional research and evaluation. Irrigation is on the radar as a future large maintenance item. All budget improvements were move forward except the reservation software. Recycling Parks and Recreation Manager Meredith Lawrence reviewed the proposed recycling budget. The budget improvement package included an increase in hours from 10 to 14 for the shared Recycling Coordinator position. The additional hours would be to make the position more sustainability focused in addition to the existing recycling and solid waste responsibilities. Administration City Administrator Jacobson noted no significant changes to the Administration budget, other than funding of a compensation study for all positions including union and codification and zoning updates reflecting an increase. Information Technology Dakota broadband dissolving is leaving an unknown. A decrease will be reflected in Microsoft licenses with a shift away from standard licensing and the conversion to Office 365. Other items include the addition of a security switch, and video surveillance. City Council The city council’s proposed budget includes funds for communications training, which will prepare the group for strategic planning. Direction to keep fireworks at $15,000 was provided and with the suggestion to obtain a multiple quotes if possible. Elections Nothing notable as 2023 is an off year. The following year 2024 will see an increase with three elections. City Hall One budget improvement package for the replacement of boilers was reviewed and recommended to move forward. Paper was excused at 8:45. General Fund- Fund Balance Page 26 of 206 Tuesday, September 6, 2022 City Council Finance Director provided overview of updated numbers to include levy for the new position of assistant city engineer. Rogers lake picnic shelter was moved to 2024 and funding for additional tree removal and replacement will be held for a future policy discussion. Levine expressed concern with maintaining a large fund balance. Finance Director Schabacker updated the council on the use and balance of ARPA funds. Members discussed the best use of ARPA funds would be for street improvements. Mazzitello suggested reducing or eliminating the need to bond or assess by instituting franchise fees and members will set as goal in 2023 for 2024 in consideration of Friendly Hills. ADJOURN Mayor Levine adjourned the work session at 9:06pm. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk Page 27 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 28 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JULY 26, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26, 2022 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 Patrick Corbett, Cindy Johnson, Michael Toth, and Brian Petschel. Those absent: Chair Litton Field, and Commissioner Andrew Katz. Approval of Agenda The agenda was approved as submitted. Approval of June 28, 2022 Minutes COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON TO APPROVE THE MINUTES OF JUNE 28, 2022. FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM NOTED ON PAGE TWO, THE SECOND PARAGRAPH, IT SHOULD STATE, “…OTHER OPTIONS.” ON PAGE THREE, NUMBER FOUR, IT SHOULD STATE, “…C.O. CERTIFICATE OF OCCUPANCY…” AYES: 5 NAYS: 0 Hearings A)PLANNING CASE 2022-12 DISH WIRELESS, LLC/ISD-197, 1897 DELAWARE AVENUE – CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that DISH Wireless is seeking a conditional use permit (CUP) to add new wireless or cellular communication equipment on top of the Two River High School facility, located at 1897 Delaware Avenue. Title 12-1D-14 of the Code requires conditional use permit approval for wireless antennas, subject to conditions. Hearing notices were published and 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). 5fPage 29 of 206 Tuesday, September 6, 2022 City Council Staff recommended approval of this application based on the findings and with conditions. Commissioner Toth referenced the new antennas that will be mounted and asked if those would be higher than the existing antennas. Community Development Director Tim Benetti replied that the new antennas would be at or below the height of the existing antennas. Commissioner Toth asked if the 15-foot height limitation comes from City Code or whether that is from the manufacturer’s information. Community Development Director Tim Benetti replied that limitation for roof mounted items is found within City Code. Commissioner Johnson noted that the staff report stated that an environmental impact statement was not applicable. She stated that the FCC talks about an environmental assessment if the facilities will cause human exposure levels and asked those levels. She also asked why the EIS was not applicable. Community Development Director Tim Benetti stated that the FCC licenses and monitors these structures. He noted that those proofs are provided to the FCC to ensure harm will not be caused to humans or the environment. He stated that the FCC licensing is complicated and noted that perhaps the applicant could provide additional details. Commissioner Petschel stated that typically that falls to the equipment rather than the applicant. Community Development Director Tim Benetti stated that the applicant has provided the FCC packet of information and that entity would have the final say on whether there would be any impacts. Acting Chair Lorberbaum suggested that the approval be contingent upon receipt of the FCC license. Rob Viera representing DISH Wireless, stated that T-Mobil and Sprint merged into one which means there are three major carriers. He stated that DISH obtained a permit to provide service in the market as the fourth provider. He stated that this is 5G equipment, therefore it is smaller equipment with one cabinet and three antennas. He stated that the existing Verizon equipment would be larger and higher than their proposed equipment. Commissioner Toth asked if there is a capacity of how many tenants could have equipment on the building, noting that 15 years ago there were no antennas and now there will be three. Mr. Viera replied that it is expensive to come into the market and therefore he does not see a lot more companies attempting to come into the market. He stated that they look for existing locations Page 30 of 206 Tuesday, September 6, 2022 City Council rather than building new towers. He stated that AT&T is located elsewhere, and the other three carriers would be located on this building. Commissioner Johnson stated that the coverage is shown on the map, with and without this site. She asked if the company is planning any other locations within a two-mile radius. Mr. Viera replied that there would be other locations, but he is not working on those. He stated that he could provide a map with proposed locations. He stated that antenna locations are determined based on the number of customers and service needs. Commissioner Johnson commented that it is her understanding that high frequency 5G requires more towers closer together and asked for more details. Mr. Viera replied that they are not looking to build towers and therefore they look for existing towers or structures with inherent height that could support an antenna. He stated that DISH purchased the BOOST Mobile customers in this market as a starting point. He stated that antennas can be put into right-of-way within certain limitations as they are considered a utility. He noted that this would be a smaller network and the needs would depend on the customer base. He stated that there will be more needed to cover Mendota Heights, but that is yet to be determined. Commissioner Petschel stated that he believes the comments of Commissioner Johnson is related to ultra-wideband which is not what DISH is suggesting. Commissioner Johnson asked if there is data on the radio frequency levels for students and teachers with the antennas and all the phones being used. Mr. Viera stated that the signal propagates up towards the horizon. He stated that the kids in the school will have the best service, noting that phones get warm when they are searching for a signal. Acting Chair Lorberbaum confirmed that the applicant agrees with the right for the City to request a third-party inspection of the equipment if desired. She also referenced the right for the City to require a bond and asked if the applicant is willing to do that. Mr. Viera replied that is covered in the lease and agrees with the condition. Acting Chair Lorberbaum asked how often inspections are done. Mr. Viera replied that things can be adjusted and maintained remotely. He noted that generally speaking someone could visit the site every few months but if everything is operating well, it would not require someone to visit the site as often. Acting Chair Lorberbaum referenced a sticker shown in the packet that had a phone number and stated that she called the number and it stated that the phone number would no longer be valid as of August 1st but provided a new phone number that would be valid after that time. Page 31 of 206 Tuesday, September 6, 2022 City Council Mr. Viera replied that he did not complete the drawings but noted that a correct phone number would be used. 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 CORBETT, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE NEW WIRELESS ANTENNA IMPROVEMENTS PROPOSED BY DISH WIRELESS, AND TO THE PROPERTY LOCATED AT 1897 DELAWARE AVENUE, WITH THE CONDITION THAT THE APPLICANT ABIDES BY ALL REGULATIONS IN TITLE 12-1D-14 OF THE CITY CODE, AS OUTLINED IN THE STAFF REPORT, AND WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL ABIDE BY ALL REGULATIONS IN TITLE 12-1D-14 OF THE CITY CODE. 2. THE APPLICANT SHALL MEET ALL FEDERAL COMMUNICATIONS COMMISSION (FCC) STANDARDS AND REGULATIONS RELATED TO THE OPERATION AND MAINTENANCE OF THESE NEW ANTENNA FEATURES. 3. A BUILDING PERMIT MUST BE APPROVED PRIOR TO ANY INSTALLATION OR NEW CONSTRUCTION WORK. THE APPLICANTS MUST PROVIDE THE NAME AND CONTACT INFORMATION OF A PRIVATE, THIRD -PARTY STRUCTURAL ENGINEERING INSPECTION FIRM OR STRUCTURAL INSPECTOR TO PROVIDE REPORTS TO THE CITY’S BUILDING OFFICIAL CONFIRMING ALL NEW WORK AND STRUCTURAL ADDITIONS WERE DONE IN ACCORDANCE WITH STATE OF MINNESOTA BUILDING CODES. 4. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE ELECTRICAL CODES. 5. THE NEW ANTENNA ARRAYS AND SUPPORTING STRUCTURAL MATERIALS SHALL BE PAINTED TO MATCH THE EXISTING PAINTED COLOR(S) WITH THE OTHER EXISTING CELLULAR COMMUNICATION EQUIPMENT ON THE SCHOOL. 6. NO ADDED LIGHTING OR ADVERTISEMENT OF ANY KIND, INCLUDING ANY NOTICEABLE PROVIDER/COMPANY LOGO SHALL BE PLACED ON ANY PART OF THE ANTENNA ARRAYS, WHICH MAY BE NOTICEABLE OR VIEWED BY THE GENERAL PUBLIC FROM THE GROUND OR SURROUNDING PROPERTIES. 7. A THIRD-PARTY INSPECTION CAN BE REQUESTED AND REPORT PROVIDED TO THE CITY. Page 32 of 206 Tuesday, September 6, 2022 City Council FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM ASKED IF ANOTHER CONDITION SHOULD BE ADDED RELATED TO INSPECTION. COMMISSIONER PETSCHEL ASKED WHO WOULD BE RESPONSIBLE FOR THE COST OF AN INSPECTION, NOTING THAT HE BELIEVED IT WOULD FALL TO THE CITY. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI EXPLAINED THAT WITH COMPLICATED THINGS SUCH AS THIS, THE CITY HAS THE RIGHT TO REQUEST A THIRD-PARTY INSPECTION BE COMPLETED AND PROVIDED DETAILS ON A SIMILAR INSPECTION THE CITY REQUESTED. HE STATED THAT THE CITY IS THEN PROVIDED WITH A REPORT AND CONFIRMED DISH WIRELESS PAID FOR THE INSPECTION IN THE OTHER INSTANCE. THAT REQUIREMENT IS ALREADY INCLUDED IN CONDITION THREE. COMMISSIONER JOHNSON STATED THAT SHE IS AWARE THAT THIS ACTIVITY IS HIGHLY REGULATED BY THE FCC, BUT SHE IS UNSURE THE THOUGHTS OF THE COMMISSION. SHE ASKED IF THERE IS ANY DATA TO SAY WHAT IS GOING ON IN THE BUILDING RELATED TO RADIATION. COMMISSIONER PETSCHEL STATED THAT HE REGULARLY SHEPHERDS EQUIPMENT THAT HE DESIGNS THROUGH THE FCC PROCESSES AND EVERY CELL PHONE IS INDEPENDENTLY REGULATED REGARDLESS OF BROADCAST CONDITIONS TO ENSURE IT IS SAFE FOR HUMAN USE. HE PROVIDED ADDITIONAL DETAILS ON HOW THE SAFE EMISSION STANDARDS ARE DETERMINED AND NOTED THAT THE ROOF IS A GROUNDED METAL SURFACE. HE STATED THAT HE HAS NO CONCERN. ACTING CHAIR LORBERBAUM ASKED IF AN ABANDONMENT BOND SHOULD BE ADDED. COMMISSIONER PETSCHEL STATED THAT THIS IS NOT CITY OWNED PROPERTY. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI COMMENTED THAT WILL BE BUILT INTO THE LEASE AGREEMENT WITH THE SCHOOL DISTRICT. AYES: 5 NAYS: 0 Acting Chair Lorberbaum advised the Applicant that the City Council would consider this application at its August 3, 2022 meeting. B) PLANNING CASE 2022-13 TIM AND MEGAN ALTIER, 1057 ESTHER LANE – VARIANCE Community Development Director Tim Benetti explained that Tim and Megan Altier, owners of 1057 Esther Lane, are requesting consideration of a variance to encroach approximately 3.3 feet Page 33 of 206 Tuesday, September 6, 2022 City Council into the 10-foot side yard setback in order to provide an expanded attached garage addition to the existing single-family dwelling. Hearing notices were published and mailed to all properties within 350-ft. of the site. The applicants received one email letter of support from a neighboring resident, and signatures of consent/support from two neighboring owners, including the neighbor to the north who is immediately adjacent to the proposed addition. He also provided a comment received in opposition from a resident but was unsure of the address of that resident. 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 Petschel asked if this is a nonconforming property. Community Development Director Tim Benetti replied that it is because it does not meet the front setback. Commissioner Corbett asked if this would be a tandem garage or side by side. Community Development Director Tim Benetti clarified that it would be a side-by-side garage. Commissioner Johnson asked how the drainage on that side of the house runs as the neighboring property is lower. Community Development Director Tim Benetti commented that the drainage goes out to the street and did not see any impacts between the yards. He noted that the block wall would also prevent runoff to the neighboring property. He stated that the driveway will be remaining in place and if it were repaired/replaced, it would need to come into conformance. Commissioner Toth commented that it would seem the existing concrete and wall could be compromised with the construction of the garage. He asked if the City would consider looking at the whole project including the wall to ensure there are not issues with drainage. Community Development Director Tim Benetti replied that area of concrete would be cut out for the foundation but believes that there would be sufficient space to not impact the wall. Public Works Director Ryan Ruzek stated that the wall does not appear to be four feet tall, which is the height that is considered a structure. He believed that the wall would guide the drainage towards the east/street. Commissioner Johnson stated that if a portion of the driveway is being cut out, would that be considered as making a change to the driveway. Page 34 of 206 Tuesday, September 6, 2022 City Council Community Development Director Tim Benetti acknowledged that the driveway is not in great shape and anticipates that may come in under a separate permit. He stated that removal of that section of the driveway for the foundation would not trigger the new requirements to make the driveway compliant. Tim and Megan Altier, applicants, introduced themselves and noted that their contractor is also present to address any questions. Mr. Altier commented that they had the wall built in 2019 after they purchased their home and remodeled the home. He stated that they also installed drain tile to the street along the wall. Mrs. Altier commented that there is a small slope to the roof that slopes to the backyard. She noted that the gutters were redone and also go into the backyard. Commissioner Toth asked if there would be any room to exclude the 4.7 feet on the side of the garage and expand the garage further into the backyard. Mr. Altier noted that within their narrative they did explain they considered a tandem style garage but stated that would still require a variance. He stated that although the existing garage is attached, there is no entry from inside the garage into the home. He noted that the intention is to be able to enter the home from the garage into their mud room. He stated that they feel that this is the minimum plan to allow two vehicles to be parked inside and walk into the home. Acting Chair Lorberbaum asked if a zigzag architecture shown in the plan would still allow entrance into the home. Mr. Altier replied that although that could be done, it would drive costs up and he did not believe it would look as aesthetically pleasing. He stated that they are still attempting to keep the style of the home and area. Commissioner Johnson referenced materials within the packet that show the proposed addition footprint is shown in grey but then a rectangle is removed and shown in yellow as the preferred footprint. She asked for clarity. Dave Chapman, contractor for the applicant, provided clarification on the proposed footprint versus the survey. Acting Chair Lorberbaum asked if a variance would not be needed with the zigzag. Community Development Director Tim Benetti replied that the zigzag would still require a variance. Commissioner Petschel stated that the only way to avoid the variance would be to use a trapezoidal wall. He asked the width of the lot at its narrowest, noting that would appear the frontage would be less than 100 feet. He commented that this seems to be a problem with the definition of frontage and stated that in the area where the home is built the width of the lot is substantially less than the normal buildable frontage which would support the variance request. He commented that it would Page 35 of 206 Tuesday, September 6, 2022 City Council support the argument that it is not the fault of the current property owner that the home was built where it was. Acting Chair Lorberbaum asked how close the email comments in support and opposition are to the subject property. Public Works Director Ryan Ruzek replied that the email received in opposition was from the resident at 574 Butler Avenue, which is not in proximity to the subject property. Community Development Director Tim Benetti replied with the location of the resident that provided the email of support. 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 TOTH MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 Community Development Director Tim Benetti commented that Commissioner Petschel is correct that this property was developed prior to the ownership of the Altiers and therefore the circumstance was created by others. He stated that if the home had been centered on the lot there would be no variance needed and a three-car garage could be supported. Commissioner Petschel stated that if the proper dimensions of the lot were required originally, the variance would not be required either. Commissioner Corbett commented that the practical difficulty would then be the shortage of frontage for the lot. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE VARIANCE TO 1057 ESTHER LANE AND TO TIM AND MEGAN ALTIER BASED ON THE FINDINGS OF FACT SUPPORTING THE VARIANCE APPLICATION REQUEST AND THE CONDITIONS NOTED IN THE STAFF REPORT, AND THE PRACTICAL DIFFICULTY BASED ON LOT SIZE. FURTHER DISCUSSION: COMMISSIONER CORBETT STATED THAT HE BELIEVES THAT THIS REQUEST IS WARRANTED BECAUSE OF THE PRACTICAL DIFFICULTY DISCUSSION OF COMMISSIONER PETSCHEL. COMMISSIONER TOTH STATED THAT ALTIERS PURCHASED THIS HOME IN 2019 AND THEREFORE IT IS EASY TO SAY THEY SHOULD HAVE KNOWN WHAT THEY Page 36 of 206 Tuesday, September 6, 2022 City Council WERE UP AGAINST. HE STATED THAT OFTEN HOMES ARE BUILT IN THE 1960s BEFORE REGULATIONS WERE DEVELOPED AND THEREFORE THIS MUST BE CONSIDERED ON A CASE-BY-CASE BASIS BASED ON WHAT IS BEST FOR THE RESIDENTS AND NEIGHBORHOOD. HE AGREED THAT THIS WOULD BE A GREAT ADDITION TO THE HOME. HE STATED THAT PERHAPS THE OWNER WILL LOOK AT THE DRIVEWAY IN THE FUTURE TO ENSURE THERE IS NO FUTURE PROBLEM WITH DRAINAGE FOR THE NEIGHBORS. COMMISSIONER JOHNSON COMMENTED THAT IN HAVING THE OTHER OPTION AVAILABLE, SHE IS DISAPPOINTED THAT THE COMMISSION IS NOT LOOKING AT THAT AS THE PROPOSAL. SHE STATED THAT SHE DOES AGREE WITH THE PRACTICAL DIFFICULTIES AS DISCUSSED. COMMISSIONER TOTH STATED THAT IF THE ADDITIONAL SPACE WERE ADDED TO THE BACK, IT WOULD ONLY RESULT IN A 1.5 CAR GARAGE WHICH WOULD NOT PROVIDE THE DESIRED RESULT FOR TWO VEHICLES TO BE PARKED INSIDE. COMMISSIONER PETSCHEL REFERENCED THE POINT OF THE RESIDENTS KNOWING WHAT THEY BOUGHT INTO, ESPECIALLY IN THE NORTHERN PORTION OF THE COMMUNITY. HE STATED THAT WHEN THE HOMES WERE BUILT, THEY WERE CONFORMING AND THE CITY THEN CHANGED ITS REGULATIONS, THEREFORE IT WAS NOT A BUILDER MISTAKE BUT A SITUATION IN WHICH THE CITY CHANGED THE RULES AFTER THE FACT. COMMISSIONER JOHNSON NOTED THAT IS ALSO A SIGN OF THE TIMES IN CHANGING REGULATIONS AND ARCHITECTURAL DESIRES. SHE NOTED THAT PERHAPS A PREVIOUS OWNER OWNED BOTH LOTS WHEN THE LOT SPLIT WAS COMPLETED IN THE PAST, THE SITUATION IS JUST UNKNOWN. AYES: 5 NAYS: 0 Acting Chair Lorberbaum advised the City Council would consider this application at its August 3, 2022 meeting. New and Unfinished Business A) COMMISSION DATA PRACTICES AND EMAIL UPDATE Assistant City Administrator Kelly Torkelson stated that to support compliance with the Minnesota Data Practices Act, as well as to support a separation of personal communication with Commission communication, the City is rolling out City email addresses for Commission members and provided a brief presentation. Commissioner Petschel asked if there is guidance within the State law for the maintenance of records. Page 37 of 206 Tuesday, September 6, 2022 City Council Assistant City Administrator Kelly Torkelson replied that it would depend on the type of information. She stated that she can review that information and provide it to Commissioner Petschel as there is a variety of requirements depending on the type of data. Acting Chair Lorberbaum asked who the contact person would be if someone were to have problems accessing their email. Assistant City Administrator Kelly Torkelson replied that she would be happy to help, as would other City staff members. Acting Chair Lorberbaum asked when the new email would be rolled out. Assistant City Administrator Kelly Torkelson commented that she would send out this information later this week. Acting Chair Lorberbaum asked for details on open meeting laws, in specific related to email communication between members of a Commission. Assistant City Administrator Kelly Torkelson provided information on the open meeting laws and related to email communication. Commissioner Johnson stated that as a resident and Master Gardener that regularly communicates with City staff and asked if she should be using her City email or personal email for that purpose. Assistant City Administrator Kelly Torkelson stated that any email sent to City staff, or a Commission member is public data. She stated that a draft email for a Commission or City staff member would be considered public data, whereas a draft email for a resident would not be considered public data. Community Development Director Tim Benetti provided an update of recent Council action related to previous Commission recommendations. He also provided an update on the legal actions relating to the Culligan property. He stated that there is a Commission workshop scheduled for the following night at 5:00 p.m. Adjournment COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER CORBETT, TO ADJOURN THE MEETING AT 8:21 P.M. AYES: 5 NAYS: 0 Page 38 of 206 Tuesday, September 6, 2022 City Council DATE: September 6, 2022 TO: Mayor, City Council and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: Fire Synopsis July 2022 COMMENT: Fire Calls: 36 In July the Fire Department paged for service a total of 36 times. Mendota Heights 26 calls Lilydale 3 calls Mendota 0 call(s) Sunfish Lake 5 calls Other 2 calls Total 36 calls Types of calls: Fires: 1 Mendota Heights Fire responded to one grass fire in the month of July. Medical/Extrication: 6 There were six calls that were medical in nature and of those six, one also involved in a vehicle accident with patients needing extrication from their vehicle. Hazardous Situations: 7 July calls that were coded as hazardous in nature included one power line down, four cut natural gas lines, one carbon monoxide incident, and one vehicle was leaking fuel. False Alarms/System Malfunctions: 7 For false alarm calls, the department responded to three system malfunctions, two unintentional trips of the alarm, and two uncategorized false alarms. Good Intent: 4 The MHFD responded to three calls for the smell of gas where no hazard was found as well as to a smoke scare. 5gPage 39 of 206 Tuesday, September 6, 2022 City Council Dispatched and Cancelled En route: 9 The fire department was paged out and then cancelled before arriving on scene nine times during the month of July. Mutual/Auto-Aid Other: 2 Twice our department was paged but cancelled before arriving for an auto aid call in West Saint Paul. July Trainings July 13 18:30 Tabletop Scenarios/Accountability This drill involved training in advance of a modified system for fireground accountability. It had both a classroom and a scenario element. July 14 07:00 Tabletop Scenarios/Accountability This drill involved training in advance of a modified system for fireground accountability. It had both a classroom and a scenario element. July 25 18:30 Hose Deployment/Horizontal Standpipe This drill primarily focused on scenarios where the department would need to deploy a large diameter hose for extended distances and then be able to break out multiple lines from it in a timely fashion. July 26 07:00 Hose Deployment/Horizontal Standpipe This drill primarily focused on scenarios where the department would need to deploy a large diameter hose for extended distances and then be able to break out multiple lines from it in a timely fashion. Page 40 of 206 Tuesday, September 6, 2022 City Council Number of Calls 36 Total Calls for Year 223 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential $605,400 Structure - Contract Areas $0 Cooking Fire - confined $0 Vehicle - MH $10,100 Vehicle - Contract Areas $0 Grass/Brush/No Value MH 1 Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire OVERPRESSURE RUPTURE $0 $0 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 3 Vehicle accident w/injuries 1 Extrication ALL FIRES, ALL AREAS (MONTH)$0 Medical, other 2 HAZARDOUS SITUATION $605,400 Spills/Leaks 5 Carbon Monoxide Incident 1 $10,100 Power line down 1 Arcing, shorting $615,500 Hazardous, Other SERVICE CALL Smoke or odor removal $0 Assist Police or other agency Service Call, other $1,231,000 GOOD INTENT Good Intent Dispatched & Cancelled 11 Current To Date Last Year Smoke Scare 1 26 173 132 HazMat release investigation 3 3 17 10 Good Intent, Other 0 2 7 FALSE ALARMS 5 16 3 False Alarm 2 15 25 Malfunction 3 Unintentional 2 Total:36 223 177 False Alarm, other 2 MUTUAL AID FIRE MARSHAL'S TIME FOR MONTH Total Calls 36 INSPECTIONS INVESTIGATIONS WORK PERFORMED Hours To Date Last Year RE-INSPECTION Fire Calls 389 2829 2795 Meetings 60.5 425 200.5 MEETINGS Training 187 1650.5 2636.5 Special Activity 91.5 473.25 356 ADMINISTRATION Fire Marshal 231.5 344 PLAN REVIEW/TRAINING TOTALS 728 5609.25 6332 TOTAL:0 Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT JULY 2022 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights Mendota Heights Only Miscellaneous Mendota Heights Total Loss to Date Contract Areas Loss to Date Mendota Heights Only Structure/Contents Page 41 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 42 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Final Payment and Acceptance of the Wentworth Park Paving Improvements Project #202207 INTRODUCTION The Council is asked to approve Resolution 2022-67, to accept the work and approve the final payment for the Wentworth Park Trail & Parking Lot, Project 202207. BACKGROUND The City Council awarded the contract to Bituminous Roadways at their June 7, 2022, City Council meeting for the low bid of $264,700.00. The contract work for project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before the final payment can be issued has been submitted. BUDGET IMPACT The project costs were funded through an Outdoor Recreation grant and the Special Parks Fund. There are sufficient funds from the grant and the Special Parks Fund for the final payment. The project included a new playground ($147,070.41), and Hockey Rink Paving ($86,300) from the Special Park Fund ($233,370.41). The Parking lot and trail improvements totaled $178,400. The grant amount of $180,000 will cover the parking lots and trails with a remainder of $600 to apply towards the Hockey Rink project. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached resolution. ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2022-67 “ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR PROJECT 202207, WENTWORTH PARK TRAIL AND PARKING LOT” by simple majority vote. 5hPage 43 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-67 ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WENTWORTH PARK PAVING IMPROVMENTS, PROJECT 202207 WHEREAS, pursuant to a written contract with the City of Mendota Heights on June 14, 2022, with Bituminous Roadways, Inc. of Mendota Heights, MN, has satisfactorily completed the improvements for the Wentworth Park Paving Improvement Project #202207, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $28,340.00, taking the contractor’s receipt in full. Adopted by the City Council of the City of Mendota Heights this 6th day of September, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY: ATTEST: Stephanie Levine, Mayor BY: Christine Lusian, City Clerk Page 44 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council and City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Resolution 2022-66 Accepting Donation INTRODUCTION The City Council is asked to formally accept a donation received from the Mendota Heights Athletic Association (MHAA) for the construction of a pitching mound at Victoria Highlands Park. BACKGROUND By state law, all donations to the City must be accepted by the City Council by means of a resolution. In late 2021, the City was approached by the Mendota Heights Athletic Association asking if a pitching mound could be installed at Victoria Highlands Park. The City Council approved the project on April 19, 2022, with the condition that the Mendota Heights Athletic Association pay half of the total project cost. The mound was constructed/installed in May and the City paid a total cost of $4,566.04 to MSC for the project. On August 29, a check for $2,000 was received from the Mendota Heights Athletic Association to cover some of the costs associated with the project and a new pitching rubber was provided for the site. The City is grateful for the generosity of this donation from the Mendota Heights Athletic Association. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve Resolution 2022-66. ACTION REQUIRED If the Council concurs, it should, by motion adopt RESOLUTION 2022-66, FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION FOR THE CONSTRUCTION OF A PITCHING MOUND AT VICTORIA HIGHLANDS. 5iPage 45 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-66 A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF A DONATION FOR THE CONSTRUCTION OF A PITCHING MOUND WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to Municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights is accepting the following donation for the construction of a pitching mound at Victoria Highlands Park. Pitching Mound Donation: DONOR DONATION Mendota Heights Athletic Association $2,000 cash Pitching Rubber $50 value Adopted by the City Council of the City of Mendota Heights this 6th day of September 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Christine Lusian, City Clerk Page 46 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Parks and Recreation Manager SUBJECT: Approval of a Temporary Warming House Trailer at Wentworth Park for 2022- 2023 Season INTRODUCTION The City Council is asked to approve a temporary warming house trailer for the 2022-2023 skating season at Wentworth Park. BACKGROUND Each year the City floods ice skating rinks at Marie, Friendly Hills, and Wentworth parks. The warming houses at Marie and Friendly Hills have been renovated in the last 10 years, but the Wentworth warming house has not been replaced. It is in rough shape and staff believes it needs to be removed from the park for safety and aesthetic purposes. The City’s Building Official also reviewed the structure and has concerns regarding the compliance and safety of the existing structure. Over the past four years the City has been working to replace the warming house at Wentworth Park. Most recently the City Council requested a replacement of the warming house to be considered with expansion including restrooms, additional storage and other amenities. The lowest bid came in at $534,600, which was more than the engineer’s estimate of $360,000. The budget for this building was set at $250,000. The City Council rejected the bids for the project and asked staff to go back to the drawing board. The City Council discussed this project at their budget work session on August 22 and directed staff to include $100,000 in the preliminary 2023 budget to enable a standard warming house, similar to those at Marie and Friendly Hills to be constructed in the Spring of 2023. Unfortunately, the existing warming house will not be replaced for the upcoming warming house season. DISCUSSION The Parks and Recreation Commission directed staff to determine options for a temporary warming house to be utilized for the 2022-2023 season. To be ready to bring in a temporary trailer for the 2022-2023 season, the following would need to be completed: demolition of the existing warming house, moving the 100-amp service to a panel on the pole and disconnecting the gas from the existing structure. 5jPage 47 of 206 Tuesday, September 6, 2022 City Council Once that work was completed a 10x25 trailer could be leased from December 19-March 3 to provide a temporary warming house. The costs associated with the installation of a temporary trailer are as follows: Move Electrical 100-Amp panel to existing light pole/move existing pipe Quotes received: o Highland Electric: $10,000 o Mid-Northern Services: $9,500 $9,500 Existing warming house demolition $2,500 Disconnect Gas from existing warming house $0 Trailer Lease for 10x25 foot structure $4,072.34 Rubber Matting (staff estimate) $250 Total $16,322.34 A majority of the costs associated with this project, with the exception of the trailer lease and rubber matting, would be necessary for a new structure to be built in 2023. Staff has worked with the Community Development Director to confirm that a temporary trailer, which is commonly seen in construction project areas throughout the City, would be allowable for a short-term timeframe at Wentworth Park. BUDGET IMPACT This project would not qualify for Special Park Funds usage and was not budgeted for 2022. If the Council desires to move forward with this project, funding would need to come from the general fund balance. ACTION RECOMMENDED The Parks and Recreation Commission reviewed the consideration of a temporary warming house at Wentworth Park for the 2022-2023 season at their August 10 meeting. The Parks and Recreation Commission unanimously (5-0) recommended approval of the staff proposal being provided to the City Council. ACTION REQUESTED If the City Council concurs, it should, by motion, approve the demolition of the existing warming house at Wentworth Park, disconnecting the gas service from the existing structure and leasing of the trailer. In addition, the City Council should award Mid-Northern Services the project to move the 100-amp panel to the existing light pole for $9,500. Page 48 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council, and City Administrator FROM: Kelly Torkelson, Assistant City Administrator Dave Dreelan, Fire Chief SUBJECT: Resignation of Probationary Firefighter INTRODUCTION The City Council is asked to accept the resignation of probationary firefighter Dan Morrison from the Mendota Heights Fire Department. BACKGROUND Probationary firefighter Dan Morrison has submitted his resignation from the Mendota Heights Fire Department effective August 26, 2022. This position will remain vacant until the next Fire Department recruitment process. BUDGET IMPACT N/A ACTION RECOMMENDED Staff recommends that the Mendota Heights City Council accept the resignation of probationary firefighter Dan Morrison from the Mendota Heights Fire Department. ACTION REQUESTED If the Council concurs, it should, by motion, accept the resignation of probationary firefighter Dan Morrison from the Mendota Heights Fire Department. 5kPage 49 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 50 of 206 Tuesday, September 6, 2022 City Council 5lPage 51 of 206 Tuesday, September 6, 2022 City Council Page 52 of 206 Tuesday, September 6, 2022 City Council 5mPage 53 of 206 Tuesday, September 6, 2022 City Council Page 54 of 206 Tuesday, September 6, 2022 City Council Page 55 of 206 Tuesday, September 6, 2022 City Council Page 56 of 206 Tuesday, September 6, 2022 City Council Page 57 of 206 Tuesday, September 6, 2022 City Council Page 58 of 206 Tuesday, September 6, 2022 City Council Page 59 of 206 Tuesday, September 6, 2022 City Council Page 60 of 206 Tuesday, September 6, 2022 City Council Page 61 of 206 Tuesday, September 6, 2022 City Council Page 62 of 206 Tuesday, September 6, 2022 City Council Page 63 of 206 Tuesday, September 6, 2022 City Council Page 64 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Coordinator SUBJECT: NPDES Phase II Storm Water Permit for Municipal Separate Storm Sewer System (MS4) – Annual Public Hearing INTRODUCTION The Council is asked to preside over a public hearing outlining the City’s stormwater requirements for compliance with the Minnesota Pollution Control Agency’s MS4 storm water permit. BACKGROUND The National Pollution Discharge Elimination System (NPDES) program is a federally mandated program established by the Environmental Protection Agency (EPA) and regulated by the Minnesota Pollution Control Agency (MPCA) to implement and maintain pollution prevention practices for stormwater discharges by permits issued to regulated entities by the federal authority granted under this program. Stormwater discharges associated with MS4s are regulated by these NPDES permits. The MPCA issued a new General MS4 permit in 2020. The City’s MS4 application was accepted and coverage was issued by the MPCA on October 8, 2021. The City has twelve (12) months from the date that coverage was issued to come into compliance with the requirements of the new permit and is currently updating its ordinances and policies to meet these requirements by the required deadline. Mendota Heights, as an MS4 owner, was required to develop a Storm Water Pollution Prevention Program (SWPPP) that incorporates best management practices that reduce pollutant discharges. The SWPPP was developed in 2003 and updated in 2013. In 2006, the City adopted its Local Surface Water Management Plan (LSWMP) that outlined how the requirements of our SWPPP are to be met and established requirements for land disturbing activities. The City Council adopted the 2018 update to the Surface Water Management Plan at their September 4, 2018 meeting. 8aPage 65 of 206 Tuesday, September 6, 2022 City Council DISCUSSION There are six required components in each SWPPP, termed Minimum Control Measures (MCMs) for each permit authorizing storm water discharges under the NPDES program: 1. Public Education and Outreach 2. Public Participation/Involvement 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff and Control 5. Post-Construction Runoff Control 6. Pollution Prevention/Good Housekeeping BUDGET IMPACT None, meeting the goals for the annual permit coverage from the Minnesota Pollution Control Agency are covered separately under the storm water utility. Projects are presented to Council individually as required. RECOMMENDATION Staff recommends that the Council preside over the required annual public presentation and hearing which will summarize the six minimum required control measures and report on the progress made in meeting the goals identified in the Mendota Heights Storm Water Pollution Prevention Program over the past year, as well as new requirements to be met. ACTION REQUIRED After a brief presentation, the Council should open the hearing for Public comment and accept, or convey any input received from the public on this subject. Page 66 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director Krista Spreiter, Natural Resources Coordinator SUBJECT: Ordinance No. 573 – Amending Regulations and Standards Regarding Chloride Reduction in the City of Mendota Heights INTRODUCTION The Council is asked to adopt proposed Ordinance No. 573, amending Title 14 of City Code: Stormwater Management, which would regulate storage and practices of de-icing materials containing chloride for all commercial, institutional, and non-NPDES permitted industrial facilities located within the City of Mendota Heights. BACKGROUND The National Pollution Discharge Elimination System (NPDES) program is a federally mandated program established by the Environmental Protection Agency (EPA) and regulated by the Minnesota Pollution Control Agency (MPCA). In 2020, the MPCA issued a new General MS4 permit and the City’s application was accepted, and coverage was issued under the new MS4 permit by the MPCA on October 8, 2021. The City has 12 months from the date the coverage was issued to come into compliance with the requirements of the new permit. The attached proposed amendment to City Code Title 14: STORMWATER MANAGEMENT, would require all commercial, institutional and non-NPDES permitted industrial facilities located within the City of Mendota Heights to: •Cover or store indoors all designated salt storage areas •Place all designated salt storage areas on an impervious surface •Implement Best Management Practices to reduce exposure when transferring material in designated salt storage areas (for example: sweeping, runoff diversions, secondary containment, etc.) DISCUSSION This amendment is a requirement of the new MS4 permit, for which the City was issued coverage on October 8, 2021. The deadline for complying with the requirements of the new permit issued to the City is October 8, 2022. Adopting proposed Ordinance 573 would suffice in complying with these requirements. 9aPage 67 of 206 Tuesday, September 6, 2022 City Council BUDGET IMPACT None, meeting the goals for the annual permit coverage from the Minnesota Pollution Control Agency are covered separately under the storm water utility. RECOMMENDATION Staff recommends that the Council approve proposed Ordinance No. 573 as presented herein, in order to come into compliance with its current MS4 Permit requirements, as well as meet the goals identified in the Mendota Heights Storm Water Pollution Prevention Program. ACTION REQUIRED If the Council concurs, it should, by motion approve Ordinance No. 573 AMENDING TITLE 14, STORMWATER MANAGEMENT, OF THE CITY CODE OF MENDOTA HEIGHTS, CONCERNING CHOLRIDE REDUCTION. The action on the proposed ordinance requires a simple majority vote. Page 68 of 206 Tuesday, September 6, 2022 City Council SUMMARY PUBLICATION CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 573 AN ORDINANCE AMENDING TITLE 14, STORMWATER MANAGEMENT OF THE CITY CODE OF MENDOTA HEIGHTS, CONCERNING CHOLRIDE REDUCTION The City Council of the city of Mendota Heights, Minnesota, does hereby amend City Code Title 14-1-7 to comply with Minnesota Rules Chapter 7090. The complete text of this ordinance may be obtained at the Mendota Heights city hall or from the city’s website at www.mendotaheightsmn.gov. Adopted this 6th day of September, 2022. CITY COUNCIL OF MENDOTA HEIGHTS /s/Stephanie Levine, Mayor Attest: /s/ Christine Lusian, City Clerk Page 69 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 573 AN ORDINANCE AMENDING TITLE 14, STORMWATER MANAGEMENT, OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING CHLORIDE REDUCTION The City Council of the city of Mendota Heights, Minnesota, does hereby ordain: Section 1. City Code Title 14: STORMWATER MANAGEMENT is hereby amended as follows: 14-1-2: Definitions is hereby amended by adding (underlined text) the following definitions: ANTI-ICING: The application of a liquid deicer prior to onset of a snow event. BEST MANAGEMENT PRACTICE (BMP): Structural, vegetative, or managerial practices used to treat, prevent or reduce water pollution. CERTIFIED SALT APPLICATOR: An individual who applies deicer and has completed Minnesota Pollution Control Agency Smart Salting training (Level 1 or 2). DEICER: Any substance used to melt snow and ice or used for its ani-icing effects. WINTER MAINTENANCE PROFESSIONAL: An individual who applies deicer for hire (i.e., snow plow drivers, salt truck drivers, property managers). Section 2. City Code Title 14-1-7: ILLICIT DISCHARGE AND CONNECTION is hereby amended by adding the underlined language and renumbering subsequent sections as follows: J. Purpose: The purpose of this Section is to reduce the illicit discharge of chloride, which is used in most deicers, and can be easily transmitted into surface waters and well as groundwater, threatening drinking water supplies, as well as the health of freshwater fish and other aquatic life. One of the primary sources of chloride entering surface and ground water is the improper utilization and management of deicing materials. The city seeks to minimize the negative environmental impacts of chloride while maintaining public safety through removal of snow and ice from roadways, sidewalks, and other paved surfaces, by requiring proper storage and Best Management Practices for commercial, institutional, and non-NPDES permitted industrial facilities. Winter maintenance professionals are also encouraged but not required to complete the Minnesota Pollution Control Agency Smart Salting training (Level Page 70 of 206 Tuesday, September 6, 2022 City Council 1 or 2). The following is required for all commercial, institutional, and non-NPDES permitted industrial facilities located within the city of Mendota Heights: 1. Designated salt storage areas must be covered or indoors; 2. Designated salt storage areas must be located on an impervious surface; and 3. Best Management Practices must be implemented to reduce exposure when transferring material in designated salt storage areas, such as sweeping, diversions, containments, etc. Section 3. This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this 6th day of September, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST Christine Lusian, City Clerk Page 71 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 72 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-68 Approving a MRCCA Permit for 1010 Sibley Memorial Highway [Planning Case No. 2022-14] INTRODUCTION City Council is asked to consider adopting a resolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit to Michael Frattallone, and for the property located at 1010 Sibley Memorial Highway. BACKGROUND The subject property is comprised of two separate parcels, with the main/larger parcel of 3.43 acres and the smaller/vacant parcel of 1.66 acres. The subject property was subdivided by the former owner (Gerald Trooien) in 2014, with the intention of selling off the smaller parcel for separate single-family development. In late 2016, the city became aware of grading work and vegetation clearing without a permit, which the city immediately halted and advised the former owner to submit a critical area permit (CAP) and conditional use permit (CUP) for this work. On March 7, 2017, the city council approved a CAP and CUP to the former owner for specific grading work and vegetation removals, which was intended at that time as prep work for a new dwelling on the vacant lot. The lot never developed or sold. Frattallone’s purchased both parcels earlier this year, and around July 1 began clearing some dead/diseased trees and vegetation, performed some re-grading of the site, and installed a partially built sand volleyball court – all without a permit. This work was also immediately halted by city staff, who later met with Mr. Frattallone and advised him of the new MRCCA ordinance and rules. Staff later met with owner and his landscape consultant (Stephen Mastey – Landscape Architects) to develop an updated site/restoration plan under the new MRCCA rules. City Code Title 12-3-1 requires a permit to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approvals. Under this MRCCA permit, the owners are seeking permission to finish minor/shape grading of the already disturbed areas; install turf grass and a native plantings barrier around the outer perimeters; plant new trees, and continue to remove any dead/diseased or invasive type trees throughout the property. At the June 28, 2022 Planning Commission meeting, a planning report was presented; a public hearing was held; and comments from the property owners were received and recorded into the public record. Copies 9bPage 73 of 206 Tuesday, September 6, 2022 City Council of the 08/23/2022 planning report, including the applicant’s restoration plan and related information, along with planning commission meeting minutes are all appended to this memo. At the Planning Commission meeting, a neighboring property owner commented that the Applicants had removed a number of trees in the rear yard (south of the home), and asked why this was not made part of this permit review or restoration plans. When asked by the commission, the Applicant and their landscape consultant indicated that most of those trees in the back yard were either or dead/diseased box elders and ash trees, a lot of buckthorn was removed, and no evergreens were removed. Upon closing the hearing, the Planning Commission, city staff and Applicants agreed that in order to assess what work was actually done or how many trees were removed in this area, an evaluation should take place, and that staff would make a follow-up report to the Council with further recommendations or conditions of approval if necessary. On September 1, city staff met with Mr. & Mrs. Frattallone and Mr. Mastey to walk the subject property and evaluate the tree removals. Site evidence indicates most of the clearing in the back yard was a thick undergrowth of buckthorn, which has now been cleared and removed. According to the homeowners, most of the trees that were cut-up were already dead or had fallen down, and the tree contractor cut and bucked- up the old trees and stacked them (for now) and wood chipped other logs and branches, and broadcast- spread the chips across the partial open ground, and spread straw-mulch throughout the area as well (site photos appended to this memo). The site inspection revealed most of the clearing was done in the lower part of the back yard, while the edges and bluff areas appear to have been left alone or intact. Additional trees (approximately seven to eight) were identified by staff and the landscape consultant for removal, due to safety reasons or dead/diseased conditions. The owners have agreed that once the last few trees are removed in this area, they intend to plant the open/cleared areas of this back yard with a woodland sedge mix and wildflower seed mix, which will help provide for a natural native understory growth for pollinators and insects; and provide ground cover/erosion stability. The landscape architect is also preparing and providing the three- year maintenance plan to city staff. AUTHORITY The City is using its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this MRCCA permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. The resolution confirms this determination. RECOMMENDATION The Planning Commission recommended favorably (5-1 vote) to approve the MRCCA Permit to Mike Frattallone, and for the property located at 1010 Sibley Memorial Highway, with findings-of-fact to support said approval and certain conditions, as memorialized in the attached [draft] resolution. ACTION REQUIRED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-68, APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO MICHAEL FRATTALLONE AND FOR THE PROPERTY LOCATED AT 1010 SIBLEY MEMORIAL HIGHWAY. This adoption action requires a simple majority vote. Page 74 of 206 Tuesday, September 6, 2022 City Council SITE PHOTOS – 09/01/2022 LOOKING TOWARDS BACK OF HOME LOOKING EASTWARD Page 75 of 206 Tuesday, September 6, 2022 City Council LOOKING SOUTHWARD – SOUTH PROPERTY LINE LOOKING WESTERLY Page 76 of 206 Tuesday, September 6, 2022 City Council TOWARDS BACK OF POOL HOUSE LOOKING FROM SIDE OF HOME – DOWN TO LOWER BACK YARD AREA Page 77 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-68 RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO MICHAEL FRATTALLONE AND PROPERTY LOCATED AT 1010 SIBLEY MEMORIAL HIGHWAY [PLANNING CASE NO. 2022-14] WHEREAS, Michael Frattallone (the “Owner/Applicant”) applied for a Mississippi River Corridor Critical Area (MRCCA) permit for land disturbance and vegetation removal activities on the property located at 1010 Sibley Memorial Highway (State Trunk Highway 13), and legally described in Exhibit A (the “Subject Property”); and WHEREAS, the site improvements and upgrades by the Applicant include the following: (i) new grading (land disturbance) to place a new open recreation turf grass area; (ii) vegetation clearing and removal of dead/diseased/infected trees, removal of buckthorn and other invasive plantings – including Canada thistle and others; (iii) replanting of trees and native planting materials for buffer protections, understory plantings and slope stability measures; and (iv) a new sand volleyball court, all proposed and presented under Planning Application No. 2022-14; and WHEREAS, the Subject Property is guided LA – Low Density Residential in the 2040 Comprehensive Plan, zoned R-1 One Family Residential, and is situated in the Mississippi River Corridor Critical Area Overlay District; and WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area Overlay District, a permit is required to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approval, and the Applicant is seeking permission for certain site improvements, including grading, clearing and planting of certain trees and materials throughout the site, all under the rules and standards established by the Mississippi River Corridor Critical Area Overlay District ordinance and standards; and WHEREAS, on August 23, 2022, the Mendota Heights Planning Commission conducted a public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing, recommended favorably (5-1 vote) to approve the MRCCA Permit to the Applicant, which would allow certain site improvements as noted herein and on the Subject Property, with certain conditions and finding-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the MRCCA Permit proposed under Planning Case No. 2022-14, may be approved, based on the following findings of fact: 1. The proposed site improvements and construction activities of grading and replanting (restoring) the areas of the subject property are deemed minimally Page 78 of 206 Tuesday, September 6, 2022 City Council invasive; necessary to correct erosion issues and help reduce stormwater runoff or negative impacts to the adjacent natural environment and properties. 2. The overall construction of these site improvements, including new trees and landscaping, will comply with all standards and regulations of the MRCCA Ordinance. 3. The improvement and construction work as detailed in this report and on the landscape, plan is all reasonable and within the spirit and intent established under the MRCCA Overlay District regulations. 4. The proposed work will not be detrimental to the health, safety or general welfare of the community; does not create any known hazards; will not seriously depreciate surrounding property value; and is in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the MRCCA Permit requested by the Applicant and proposed under Planning Case No. 2022-14, which would allow the necessary site improvements and upgrades on the Subject Property, is hereby approved with the following conditions: 1. The new improvements and work described, illustrated and detailed on the “Landscape Plan- Frattallone Residence – 1010 Sibley Memorial Hwy.” 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 native plantings will be consistent the MN Savanna Mix – Shortgrass seed planting list as provided by the Applicant. The back-yard space shall be planted with a woodland sedge grass planting seed mix and wildflower seed mix. 3. No existing trees or vegetation is allowed to be removed unless they are identified as diseased, dying, or dead, or considered invasive or noxious vegetation. Any other trees or vegetation requested to be removed by the Applicant must be reviewed and approved by the city’s Natural Resources Coordinator. 4. Full erosion and sedimentation measures will be put in place prior to and during any new grading, planting and construction work activities. 5. All grading and construction activity will follow 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 SWPP Permit and NPDES Permit (if necessary) prior to start of any new construction work. 6. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. Page 79 of 206 Tuesday, September 6, 2022 City Council 7. The City will issue a certificate of compliance after the vegetation restoration plan requirements have been completed to the satisfaction of Public Works Director. 8. The loss of trees on the south side of the property be evaluated for replanting; and the Applicant will agree to re-plant fourteen (14) new trees (to replace the 14 removed from the front yard space) throughout the property. 9. A three-year maintenance plan shall be required and submitted to city staff. Adopted by the City Council of the City of Mendota Heights this 6th day of September, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Page 80 of 206 Tuesday, September 6, 2022 City Council EXHIBIT A PROPERTY ADDRESS: 1010 Sibley Memorial Highway, Mendota Heights, MN 55118 PID: 27-03700-08-011 and 27-03700-08-012 LEGAL DESCRIPTION: Real property in the County of Dakota, State of Minnesota, described as follows: The West One Hundred Twenty feet (120’) and the South Three Hundred Eighty-five feet (385’) of Lot 8, Auditors Subdivision No. 2 Mendota; and Lot 8, Auditors Subdivision No. 2 Mendota, except for the West One Hundred Twenty feet (120’) and the South Three Hundred Eighty-five feet (385’) of said Lot 8, Auditors Subdivision No. 2 Mendota. Page 81 of 206 Tuesday, September 6, 2022 City Council PLANNING STAFF REPORT DATE: August 23, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case No. 2022-14 MISS. RIVER CORRIDOR CRITICAL AREA PERMIT APPLICANT: Michael Frattallone PROPERTY ADDRESS: 1010 Sibley Memorial Highway ZONING/GUIDED: R-1 One Family Res. LR-Low Density Residential ACTION DEADLINE: October 2, 2022 INTRODUCTION Michael Frattallone is seeking approval of a Miss. River Corridor Critical Area (MRCCA) Permit in order to approve new land alterations and vegetation clearing on his personal property, located at 1010 Sibley Memorial Highway. This item is being presented under a duly noticed public hearing process. A notice of hearing was published in the Pioneer Press; and notice letters were mailed to all owners within 350-feet of the subject property, including the cities of St. Paul and Lilydale. The city has not received any objection or comments related to this MRCCA application. BACKGROUND The subject property is comprised of two separate parcels, with the main/larger parcel of 3.43 acres and the smaller/vacant lot of 1.66 acres. In 2014 the subject property was subdivided into two lots by the former owner Gerald Trooien. The larger lot has an existing home, attached garage, swimming pool and pool house. The smaller parcel was created or intended to be sold-off for development of a separate single-family dwelling. Later in 2016, after discovering some grading work and vegetation clearing was being done without permits, the city halted that work, and advised Mr. Trooien to submit a critical area permit (CAP) and conditional use permit (CUP) for any new or proposed work on the parcels. On March 7, 2017, the city adopted Res. No. 2017-21, which approved a new CAP and CUP to Mr. Trooien for specific (but limited) grading work and vegetation removals. Page 82 of 206 Tuesday, September 6, 2022 City Council Most of this grading and clearing work done in 2017- 2018 was to provide a new vacant dwelling/building pad site on the vacant lot, and remove a number of dead, diseased or invasive trees and vegetation. As a result of this pre-development work, the former owner also created and left a fairly large, circular shaped drainage opening or swale near the southerly part of the vacant parcel (see aerial image – right), which was to be used as a raingarden or stormwater management feature for any new home to be built on the lot. This new home was to be built just north of this swale (the cleared/open space), and this swale was intended to be encircled by a new driveway. The lot was never sold or developed; and earlier this year, Mr. Frattallone purchased the both parcels from Mr. Trooien. After settling in, Mr. Frattallone began working on his property by clearing some dead/diseased trees and vegetation, and performed some significant re-grading of the site, and installed a partly built volleyball court in this area – and all without a permit. When made aware of this work, the city contacted and met Mr. Frattallone on the site, and advised him of the new MRCCA ordinance and rules (which he was unaware of), and issued an immediate “Stop-Work” order. Staff later met with new owner and his landscape design consultant to develop an updated site/restoration plan under the new MRCCA Ordinance rules. Mr. Frattallone has stated that he has no desire to sell-off or develop this vacant parcel at this time; and instead is seeking to keep it or enjoy it as his own added yard and open space with the other parts of the property. ANALYSIS – MRCCA PERMIT A subject property is situated in the RN -River Neighborhood District. Properties located in the RN-District are characterized or governed by the following principles: a. Description. The RN district is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses. b. Management Purpose. The RN district must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district. Page 83 of 206 Tuesday, September 6, 2022 City Council Along the northerly boundary of the site is where the mapped bluffs are located, identified as the cross- hatched areas – and the related 20-foot buffer or bluff impact zone (BIZ), as noted by orange-hatched areas (see MRCCA map image- above). The green shaded areas represent a Significant Vegetation Stand, which is considered a primary conservation area (PCA) under the new MRCCA ordinance. PRIMARY CONSERVATION AREAS (PCA) means resources and features, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, underground springs, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. The Owner/Applicant has provided a new site restoration/landscape plan (below) which illustrates the area where the former circular swale and proposed house pad was going to be placed, is now being converted into recreational lawn space, and includes a new and wide native plantings buffer around the northerly and easterly edges of this lawn space. The plan also shows the 40’ x 60’ volleyball court next to the driveway. As evident by the site photos taken by city staff (07/13/2022 - below), the swale is now filled, and the ground is now open and bare, with most of the surface vegetation removed. This area was absent of many trees due to the former owners CAP approval in 2017 to remove a number of trees on this site. While not evident in the pictures, Mr. Frattallone claimed the area was overtaken by large, unmanaged overgrowth of noxious weeds and vegetation, including Canada thistle. Page 84 of 206 Tuesday, September 6, 2022 City Council As evident on the phots above (with Mr. Frattallone providing perspective), this site was and remains impacted and overgrown with large standing Canada thistle, which is an invasive species that should be removed immediately to contain and control its spread to other adjoining properties. Pursuant to City Code Section 12- 3-9: VEGETATION MANAGEMENT, this section applies to: 1. Shore impact zones; 2. Areas within 50 feet of a wetland or natural drainage route; 3. Bluff impact zones; 4. Areas of native plant communities; and 5. Significant existing vegetation stands identified in the MRCCA plan. As evident on the phots above (with Mr. Frattallone providing perspective), this site was and remains impacted and overgrown with large standing Canada thistle, which is an invasive species that should be removed immediately to contain and control its spread to other adjoining properties. Page 85 of 206 Tuesday, September 6, 2022 City Council Per 12- 3-9: D. the following activities are allowed with a Vegetation Permit, which may or may not include intensive vegetation clearing activities: a. Clearing of vegetation that is dead, diseased, dying, or hazardous; b. Clearing to prevent the spread of diseases or insect pests; c. Clearing to remove invasive, non- native species; d. Selective removal of keystone species; e. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City; and f. The minimum necessary for development that is allowed with a building permit or as an exemption under Section 12- 3- 15. Furthermore, the same section provides for General Performance Standards, in addition to the submittal and review of a restoration plan, which include the following: a. Development is sited to minimize removal of or disturbance to natural vegetation; b. Soil slope stability, and hydrologic conditions are suitable for the proposed work as determined by the City Engineer; c. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views; d. Vegetation removal activities are conducted to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and e. Any other condition determined necessary to achieve the purpose of this section. Vegetation restoration plan must satisfy the application submittal requirements in Section 12- 3- 12 and: a. Vegetation must be restored in one or more of the following restoration priority areas: 1) Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; 2) Shoreline areas within twenty-five feet (25') of the water with no natural vegetation, degraded vegetation, or planted with turf grass; 3) Areas on steep slopes and bluffs that are visible from the river with no natural vegetation, degraded vegetation, or planted with turf grass; or 4) Other approved priority opportunity areas, including priorities identified in the MRCCA plan. b. Include native vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines, as they may be amended or revised from time to time. c. Any highly erodible soils disturbed during removal and/ or restoration must be stabilized with deep- rooted vegetation with a high stem density. d. Vegetation removed must be restored with native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable. e. For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed to the greatest extent practicable. f. Be prepared by a qualified individual or a licensed professional familiar with and experienced with native landscape materials and planting techniques; and Page 86 of 206 Tuesday, September 6, 2022 City Council g. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three (3) years. As part of the MRCCA Permit – Vegetation Clearing Checklist, applicants are asked a series of questions: 3. Explain how the proposed clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views. If the clearing is required for development allowed with a permit, also explain how the project was located to minimize the removal or disturbance of natural vegetation: Applicant’s Response: Per Mn Dept of Ag Fact Sheet (attached) the primary weed proposed to be cleared is Canada thistle. As responsible stewards of this land it is required to be removed as it is a MN Dept of Ag_prohibited species. Since views to this property are already fully screened - there is no visual impact to river corridor. 4. Describe (and attach photo of) the vegetation being removed (ground cover, understory, tree), and names of plants, if known: Applicant’s Response: Canada thistle / Cirsium arvense – see attached fact sheet and site photos 5. Explain how vegetation removal activities will be conducted or phased in order to expose the smallest area of soil to erosion for the least possible time: Applicant’s Response: Since this area is relatively flat on the upper plateau & interior of the property we are proposing to simply treat noxious weeds with appropriate herbicide with a certified professional. Once herbicide has completed its task then in one mobilization the installation team will physically remove stalks/dead vegetation as needed to prepare seed bed for native seeding/plantings and recreational lawn as specified per plan. It is staff’s opinion that the site cleared by Mr. Frattallone was mostly unmanaged and ignored by the previous owner, which allowed the site to become overgrown with a large swath of noxious weeds and invasive plantings. Mr. Frattallone has hired a licensed and reputable landscape architect and design firm to provide a suitable restoration plan that we feel meets most if not all of these submittal requirements and standards within the MRCCA Ordinance. Approval of this vegetation removal plan and restoration plan will include a number of conditions that are presented in this section. Land Alteration Standards and Stormwater Management MRCCA Ordinance Section 12-3-10 provides for specific allowances and standards related to Land Alteration and Stormwater Management. The purpose of this section is to establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants, and maintain the stability of bluffs, shorelines, and other areas prone to erosion. Land Alteration: Within the bluff impact zone (BIZ), land alteration is prohibited, except for the following, which are allowed only by permit. a) Erosion control consistent with a plan approved by the City and consistent with Section 12-3-10. F. b) The minimum necessary for development that is allowed as an exception under Section 12-3-15; and c) Repair and maintenance of existing buildings and facilities. Construction or replacement of rock riprap and other erosion control structures within the bluff impact zone is allowed with a permit consistent with the provisions of Section 12-3-10. F., provided that: a. If the project includes work at or below the OHWL, the commissioner must approve or permit the project. b. The structures are used only to correct an established erosion problem as determined by the City. c. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem: Page 87 of 206 Tuesday, September 6, 2022 City Council 1) Retaining walls must not exceed five feet (5’) in height and must be placed a minimum horizontal distance of ten feet (10’) apart; and 2) Riprap must not exceed the height of the regulatory flood protection elevation. There are no new walls or rip-rap to be installed under this project. All of the work proposed under this plan is outside any nearby bluff impact zones (BIZ) or steep sloped areas. The former owner received permission to re-grade existing slopes greater than 18% - 40% under the previous critical area permit (CAP) in 2017, and created the depressed drainage swale on the parcel. Mr. Frattallone filled in this swale; cleared the noxious weeds and invasive vegetation, and shaped-graded the large open area of the proposed recreation lawn space and outer edges. There does not appear to be any major changes in grades made to the site. Stormwater Management: In the bluff impact zone, stormwater management facilities are prohibited, except by permit if: a. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site; b. The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; c. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and d. Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. As noted previously, all of this work is outside of the BIZ, and any stormwater run-off is intended to run down towards the driveway, and towards the sand volleyball court. With the establishment of the new grades and tie-in to the existing and surrounding grades in and around this site, this open lawn space is expected to capture or help filter and reduce stormwater runoff from the north and easterly edges of this property. The landscape consultant has stated the native plant landscape border and the large open lawn will help reduce, slow-down and filter stormwater runoff. The low point of this site is where the new sand volleyball court was paced; and the consultant has stated that by its own design and depth of sand (layers) installed, this court can actually serve as an open capture and filtration system for stormwater run-off. Per 12-3-10. F. Conditions of Land Alteration Permit Approval. No permit for land alteration shall be approved unless: 1. Temporary and permanent erosion and sediment control measures to retain sediment onsite are consistent with the best management practices in the Minnesota Stormwater Manual, as it may be amended or revised from time to time; 2. Natural site topography, and soil and vegetation conditions are used to control runoff and reduce erosion and sedimentation; 3. Construction activity is phased when possible; 4. All erosion and sediment controls are installed before starting any land disturbance activity; 5. Erosion and sediment controls are maintained to ensure effective operation; 6. The proposed work is consistent with the vegetation standards in Section 12-3-9; and 7. Best management practices are used for protecting and enhancing ecological and water resources as identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001, as it may be amended or revised from time to time. Page 88 of 206 Tuesday, September 6, 2022 City Council It is staff’s opinion that the Applicant will meet all of these conditions as part of this land alteration activity. The new landscaping to be installed and provided in this area will be adequate and should provide for the protection as required under the MRCCA Ordinance. Mr. Frattallone has installed erosion protection measures on the site, and the owner will remain responsible for maintaining measures throughout completion of the project. As part of any Land Disturbance Permit issued by city for any new construction project, the Applicants will be required to submit for review a Storm Water Pollution Prevention (SWPP) plan, which will ensure all erosion protection measures are installed and in place prior to any construction work begins and maintained throughout the duration of the project. The Applicants may also need a National Pollutant Discharge Elimination System (NPDES) permit from Minn. Pollution Control Agency as well. INTERAGENCY REVIEW The city is required to give Minnesota Dept. of Natural Resources and National Park Service at least 20- day notice of any new MRCCA Permit application request. These notices were emailed (08/02/2022) directly to the appropriate staff; and responses from both agencies indicated they have no comments or issues with the proposed grading and landscaping improvement project by Mr. Frattallone. The city also mailed notices related to this MRCCA Permit request and project to the cities of Lilydale and Saint Paul for review/comments, and received no responses or comments from either community. ALTERNATIVES 1. Approve the MRCCA Permit request to Michael Frattallone and for the property located at 1010 Sibley Memorial Highway, which would allow vegetation clearing and restoration, along with some existing and finished land disturbance and grading activity, and placement of a new sand volleyball court all based on the findings-of-fact that the proposed project is compliant with the policies and standards of the MRCCA Ordinance and City Code, and subject to certain conditions; or 2. Deny the MRCCA Permit request to Michael Frattallone and for the property located at 1010 Sibley Memorial Highway, based on the recommendation the application and project does not meet certain policies and standards of the MRCCA Ordinance and City Code, based on revised findings-of-facts determined by the Planning Commission; or 3. Table the request; direct staff to work with the Applicants and allow more time to revise or refine the plans submitted for review, and/or provide additional information for the Planning Commission to further consider, and extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends the Planning Commission consider approval of the proposed Michael Frattallone and for the property located at 1010 Sibley Memorial Highway (Alternative No. 1), with the following conditions: 1. The new improvements and work described, illustrated and detailed on the “Landscape Plan- Frattallone Residence – 1010 Sibley Memorial Hwy.” 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 native plantings will be consistent the MNL Savanna Mix – Shortgrass seed planting list as provided by the Applicant. 3. No existing trees or vegetation is allowed to be removed unless they are identified as diseased, dying, or dead, or considered invasive or noxious vegetation. Any other trees or vegetation requested to be removed by the Applicant must be reviewed and approved by the city’s Natural Resources Coordinator. Page 89 of 206 Tuesday, September 6, 2022 City Council 4. Full erosion and sedimentation measures will be put in place prior to and during any new grading, planting and construction work activities. 5. All grading and construction activity will follow 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 SWPP Permit and NPDES Permit (if necessary) prior to start of any new construction work. 6. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 7. The City will issue a certificate of compliance after the vegetation restoration plan requirements have been completed to the satisfaction of Public Works Director. FINDINGS-OF-FACT FOR APPROVAL Miss. River Corridor Critical Area Permit for 1010 Sibley Memorial Highway The following Findings-of-Fact are made in support of approval of the proposed MRCCA Permit request: 1. The proposed site improvements and construction activities of grading and replanting (restoring) the areas of the subject property are deemed minimally invasive; necessary to correct erosion issues and help reduce stormwater runoff or negative impacts to the adjacent natural environment and properties. 2. The overall construction of these site improvements, including new trees and landscaping, will comply with all standards and regulations of the MRCCA Ordinance. 3. The improvement and construction work as detailed in this report and on the landscape, plan is all reasonable and within the spirit and intent established under the MRCCA Overlay District regulations. 4. The proposed work will not be detrimental to the health, safety or general welfare of the community; does not create any known hazards; will not seriously depreciate surrounding property value; and is in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. Page 90 of 206 Tuesday, September 6, 2022 City Council 1010 1015 1020 992 995 996 1034 1631 1028 1639 1645 1030 1032 1651 165710111015 1646 1650 1040 991 1652 10371666 1665SIBLEY ME M O RIAL H WY JAMES RDThis imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1010 SIBLEY MEM. HWY MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0100 SCALE IN FEET Legend MRCCA Districts CA-ROS CA-RN CA-SR CA-RTC Bluff Elements 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs MRCCA Boundary Municipal Boundary Date: 7/12/2022 Page 91 of 206 Tuesday, September 6, 2022 City Council 1010 1015 1020 992 995 996 1034 1028 1631 1639 1645 1030 1032 1651 165710111015 1646 1650 1040 991 1652166610371665SIBLEY MEM O RI AL H W Y JAMES RDThis imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1010 SIBLEY MEM. HWY. MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0100 SCALE IN FEET Legend Bluff Elements 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs Primary Conservation Areas Significant Veg. Stand Native Plant Communities MRCCA Boundary Municipal Boundary Date: 7/27/2022 Page 92 of 206 Tuesday, September 6, 2022 City Council 1010 1015 1020 992 995 996 1034 1028 1631 1639 1645 1030 1032 1651 165710111015 1646 1650 1040 991 1652166610371665SIBLEY MEM O RI AL H W Y JAMES RDThis imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1010 SIBLEY MEM. HWY. MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0100 SCALE IN FEET Legend Bluff Elements 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs Primary Conservation Areas Significant Veg. Stand Native Plant Communities MRCCA Boundary Municipal Boundary Date: 7/27/2022 Project Area & Restoration Area (Approximated) Page 93 of 206 Tuesday, September 6, 2022 City Council SAND VOLLEYBALL COURTRECREATIONAL LAWNMN NATIVE LANDSCAPES SAVANNA MIX SHORT GRASS SEED (12,485 SF) WITH 756 NATIVE PLUGS (4’ O.C.)Page 94 of 206 Tuesday, September 6, 2022 City Council SECTION THRU LANDSCAPE 0’ 10’SCALE : 1’ = 10’ LOOKING NORTHLANDSCAPE ARCHITECTURE, INC.STEPHEN MASTEY, LANDSCAPE ARCHITECTPO BOX 176 / 3511 LAKE ELMO AVE N LAKE ELMO MN 55042P. 651.646.1020EMAIL : STEPHEN@LANDARCINC.COMPage 95 of 206 Tuesday, September 6, 2022 City Council Note: t"PROPOSED 4,000 S.F. PAD" shown on Parcel B is not being considered under MRCCA Permit Application No. 2022-14 Page 96 of 206 Tuesday, September 6, 2022 City Council    # ""##!# # !# ## # 'D !"#&D ')*'#"D %&%&D +D   D &)D D '#"'D " D (D D (#" D "#&!(#"D 9/-=598D !1809=-D 1534=<D '/-61D DD  D B D  1 8 9 = 1 < D ;98D ! 9 8 > 7 1 8 = D 1-;583D -=>7D <<>710D 9.D "9 D D$%%D ;@3D AD "D D 41;1.AD /1;=52AD =4-=D =45<D :6-8D <>;?1AD 9;D ;1:9;=D @-<D :;1:-;10D .AD 71D 9;D >801;D 7AD 05;1/=D <>:1;?5<598D -80D =4-=D D -7D -D 0>6AD 5/18<10D -80D '>;?1A9;D >801;D =41D 6-@<D 92D =41D '=-=1D 92D !5881<9=- D        -=10D =45<,0-AD 92D C """ """"" """  " "" !"  " " "  "   Page 97 of 206 Tuesday, September 6, 2022 City Council Page 98 of 206 Tuesday, September 6, 2022 City Council Page 99 of 206 Tuesday, September 6, 2022 City Council Page 100 of 206 Tuesday, September 6, 2022 City Council Page 101 of 206 Tuesday, September 6, 2022 City Council Page 102 of 206 Tuesday, September 6, 2022 City Council Page 103 of 206 Tuesday, September 6, 2022 City Council Page 104 of 206 Tuesday, September 6, 2022 City Council Page 105 of 206 Tuesday, September 6, 2022 City Council Page 106 of 206 Tuesday, September 6, 2022 City Council Page 107 of 206 Tuesday, September 6, 2022 City Council Page 108 of 206 Tuesday, September 6, 2022 City Council Page 109 of 206 Tuesday, September 6, 2022 City Council Page 110 of 206 Tuesday, September 6, 2022 City Council A) PLANNING CASE 2022-14 MICHAEL FRATTALLONE, 1010 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT Community Development Director Tim Benetti explained that Michael Frattallone is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit in order to approve new land alterations and vegetation clearing on his personal property located at 1010 Sibley Memorial Highway. Hearing notices were published and 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 Petschel referenced the soil map and asked if that reflects the state of the land before any work was done by the property owner. He asked how the previous owner was allowed to get away with this as it appears the entire area was scraped clean rather than select removal of diseased trees. Community Development Director Tim Benetti provided background information noting that the site had returned to a natural state. Commissioner Petschel commented that it would seem there would be room to close a loophole which allowed that previous property owner to receive his bond back. Community Development Director Tim Benetti replied that the previous property owner was allowed to do the clearing as a precursor for development. He provided additional details on the process with that previous property owner. He stated that Mr. Frattallone then purchased the property and removed some of the unwanted vegetation and has now presented a plan to fix the property. Commissioner Toth asked if there was any follow up between property owners to ensure the property was properly managed. Community Development Director Tim Benetti commented that staff met with the previous property owner a number of times and they believed that enough progress had been made as the intention was for development to occur, noting that development never occurred. Commissioner Johnson commented that the previous property owner was required to plant 13 native trees under the previous approval and stated that in an aerial view those trees were planted. Page 111 of 206 Tuesday, September 6, 2022 City Council She stated that if that area became overgrown, she could see how Mr. Frattallone could have thought some of those trees were dead or dying. Community Development Director Tim Benetti stated that there should be a replacement plan for the trees that were removed. He stated that staff would like to see more of those replacements along the east side, of hillside area, or anywhere else on the property. He noted that they have recommended the same species but welcomed any other suggestions as well. He stated that they would like to have the property seeded and covered as soon as possible with the trees planted as well. Commissioner Johnson noted that all the trees recommended are native overstory trees. Acting Chair Lorberbaum referenced the three-year restoration plan and asked if staff checks on the property each year. Community Development Director Tim Benetti replied that there is no requirement for inspection, but staff would keep an eye on the property because of its history. He stated that the Natural Resources Coordinator or another staff member could regularly visit the site. He noted that they could take photos and continue to provide updates to the Commission if desired. Acting Chair Lorberbaum suggested that regular updates be provided. Community Development Director Tim Benetti commented that staff can provide regular visits to the property, even once per month during the growing season. Commissioner Johnson commented that she believes that relates to the three-year maintenance and management plan. She believed that the trees needed to be planted before those three years. Community Development Director Tim Benetti suggested that the replacement of the trees be allowed to occur within the three-year period, while the restoration plan should be implemented immediately. Commissioner Corbett asked if there is still thistle remaining onsite and whether the plan accounts for that. Community Development Director Tim Benetti confirmed that there is still thistle as staff stopped them before they got to that area. He confirmed that staff would want that removed as it is invasive. Commissioner Toth referenced the narrative within the packet which mentions the stop work order. He stated that there have been a number of situations recently where a resident has begun work on their property without knowing the requirement of the MRCCA permit. He asked how the City can do a better job educating residents of the required process. Community Development Director Tim Benetti replied that there is information on the City website and included in the newsletters. He stated that he intended to send a direct mailing to all property owners in the MRCCA but that has not yet happened. He stated that this year has been a Page 112 of 206 Tuesday, September 6, 2022 City Council bit odd with a number of wetland violations and this was one of the MRCCA violations that they caught as well. He stated that Mr. Frattallone has been good to work with and he wants to fix this and do a good job. Acting Chair Lorberbaum asked the chances of the runoff going down the driveway and impacting the neighboring property as currently designed. Public Works Director Ryan Ruzek commented that there is not a change to the historical drainage patterns of the property. He noted that the property to the west has experienced drainage problems from this property for years. He stated that this plan will not make that issue better or worse. He stated that if a new home is constructed on the second lot, it would need to create stormwater treatment to offset the impervious surface. He noted that this project would not add impervious surface. He stated that there is a condition to replace the 14 trees and those trees could absorb some water. Commissioner Johnson asked if staff has the stormwater flow map for the property. Public Works Director Ryan Ruzek described the path drainage takes entering this property from the east and flowing to the west. Commissioner Johnson referenced the profile showing the sod and trees. She stated that to the right of the volleyball court the elevation goes up and asked if there is more grading that would be done as the profile sketch does not match the grading of the property. Community Development Director Tim Benetti commented that staff stopped the grading halfway through. He stated that the applicant can provide more details. Commissioner Toth asked the type of soil on the property. Community Development Director Tim Benetti described the soil conditions. Commissioner Toth stated that type of soil naturally absorbs water. Community Development Director Tim Benetti confirmed that the area will act as a natural infiltration basin for the water that comes from the east. He stated that staff hopes that the water would pond or pool in the area of the sand volleyball court. Acting Chair Lorberbaum opened the public hearing. Nicole Frattallone, 1010 Sibley Memorial Highway, stated that they are trying to make the property look better. She commented that the weeds were so thick they were trying to improve that and were not aware a permit was needed but would like to move forward in the right way. Stephen Mastey, landscape architect representing the applicant, stated that they are excited to hear from neighbors and will then provide additional input. Page 113 of 206 Tuesday, September 6, 2022 City Council Alan Anderson, 1645 James Court, stated that his property backs up to the Frattallone property. He commented that there is a significant wooded area that was cleared away. He is thankful that Commissioner Johnson brought up the replacement of trees as there were a significant number of mature trees on the southern half of the property that were removed and do not appear to be a part of the discussion tonight. He recognized that the trees were not on his property, therefore he does not have control over that, but commented that there was wildlife habitat in that area. Acting Chair Lorberbaum asked if the trees on the southern half were removed by the previous owner or current owner. Mr. Anderson replied that the trees were removed by the current property owner. Pat Anderson, 1645 James Court, stated that she was a bit confused by the staff presentation as most of the work mentioned was in front of the house whereas there concern with what occurred in the back of the home. She stated that area was heavily wooded, but those trees are now gone as is the wildlife that used to be in that area. She stated that they were aware of the work the previous owner did as well as the replacement planting that resident did. Commissioner Johnson asked the type of trees that were removed. Mrs. Anderson was unsure but confirmed there were not evergreen trees. Mr. Mastey commented that there are a lot of boxelders that are diseased and dying. He provided a quick drainage plan he drew and explained that most of the stormwater comes from the east, moving across the site from right to left. He stated that they are not planning to change the drainage plan and the only grading would be a few inches. He stated that the profile sketch was not perfect and meant to show the trees, recreational land, and sloping of the property which is high on the right and low on the left. He stated that the only grading would be the soil correction that they had planned. He stated that he was on the site five years ago and provided some photographs noting that the area was prepped to make way for a future home site, driveway, and associated improvements. He also provided a photograph of the site as it looks today, noting that they are not requesting to remove significant vegetation but to manage those areas and complete soil corrections. He stated that there is class five material, and the drainage moves across that area to the next property. He stated that they would be loosening that soil up to better drain and then add native plantings that would benefit pollinators and assist in water quality treatment. He provided a sketch of what the area would look like with the volleyball court and landscaping as proposed. Commissioner Toth noted a berm shown in the sketch displayed. Mr. Mastey provided additional details noting that they would keep the inherited grade of the property and would just be amending the soils. He provided additional details on the invasive species that exist on the site and the management that they would like to complete. He stated that with the plantings they are attempting to increase biodiversity, targeting pollinators. He explained why the buffer area around the property is important to their plan. He stated that their plan is to create a habitat for pollinators in that buffer area. He commented that the biggest issue they had is that there was a requirement to plant trees five or six years ago. He noted that since that time Page 114 of 206 Tuesday, September 6, 2022 City Council those trees may have become diseased and dying. He stated that these property owners inherited landscaping that appeared to be neglected and asked how they could be held accountable for something that was not in great condition when they decided to try to make it better. He stated that the time limits for the trees required by the previous property owner has passed, the property was neglected, and the new property owners are trying to make their property better that allows them to enjoy their property and incorporate biodiversity that is lacking. Commissioner Corbett asked if the applicant would address the concerns of the neighbor. Ms. Frattallone welcomed the neighbors to come over and discuss the trees they were concerned with. Acting Chair Lorberbaum asked if the property owner would be willing to replant trees on the southern portion of the site. Ms. Frattallone commented that there were some dead trees on the southern portion of the property that were leaning towards the home along with invasive. She confirmed that they would be willing to add trees on that portion of the property. Commissioner Johnson stated that when she visited the site, looking towards the north there were many cottonwood trees ranging in size and asked the plan for those trees. Mr. Mastey identified the small bushy trees that are invasive in that area. He stated that there are also Chinese elm and buckthorn in that area which are also invasive, and the cottonwoods are mixed in. He stated that in order to manage the invasives, they would need to remove those trees and correct the soils. He did not believe the invasives could be managed without damaging the cottonwoods. Commissioner Johnson commented that cottonwoods are pollinator friendly and desired in the bluff area, therefore she would like to see some of the six-foot cottonwoods remain. Mr. Mastey stated that while it would be nice to keep those trees, they are growing on a parking lot surface and therefore it would be impossible to correct the soils to support the native landscaping without disturbing those trees. He stated that if a cottonwood were to come up after the site is stabilized, they could leave it. Commissioner Johnson commented that while a native planting is good, it does not provide the same biological and ecological benefit as trees. Mr. Mastey agreed but noted that there are trees existing on the site while it lacks the biodiversity that the plantings would provide. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. Page 115 of 206 Tuesday, September 6, 2022 City Council COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 Commissioner Petschel stated that he agrees with the plans for the front, but it sounds like there was removal of an unknown amount of vegetation in the back without a permit and stated that may need to be addressed as a second issue. Community Development Director Tim Benetti stated that under the previous 2017 plan, the former staff member identified a lot of the areas around the home that would be approved for removal of dead/diseased/dying trees. He stated that Mr. Frattallone agreed that there was work in the back to remove dangerous trees. He stated that the homeowner stated that they are willing to replant in that area and he trusts that staff could work with the homeowner to replace those trees. Commissioner Petschel stated that he is upset by the work of the previous property owner as that work was allowed with the preface that a home would be built. Community Development Director Tim Benetti replied that he believed the previous property owner had an intention to build a second home or the lot split would not have moved forward. Commissioner Petschel stated that he feels that he was misled by the previous property owner and therefore does not want to fall into that same pit. He asked if the City would be allowed to place a lien on the property for future projects of that nature. Commissioner Katz commented that this is beyond the scope of this case. Commissioner Corbett commented that the presentation mentioned that thankfully nothing in the bluff impact zone (BIZ) was touched but it appears that perhaps there was work in that area therefore it seems like this is an incomplete scope of the project. Commissioner Petschel commented that the property needs to be restored per the MRCCA rules. Commissioner Corbett stated that data needs to be established related to the trees on the southern portion of the property in the same manner the trees on the north are being discussed. Community Development Director Tim Benetti replied that there is nothing wrong with removing trees in the BIZ if they are considered invasive, or diseased, or dying. He believed that it is fair for the homeowner to offer the replacement trees. Commissioner Toth asked if the homeowner removed those trees or whether the contractor removed the trees. Community Development Director Tim Benetti replied that the contractor did the tree removal and staff spoke with the contractor to stop the work. Page 116 of 206 Tuesday, September 6, 2022 City Council Commissioner Johnson asked if this could be broken into two permits, requiring the homeowner to come in for an after the fact permit for the south side. Community Development Director Tim Benetti commented that staff would like to see the site buttoned up as soon as possible and would not want to delay that action. He stated that the Natural Resources Coordinator and Public Works Director can work with the applicant and Mr. Mastey on the tree replanting. Commissioner Petschel stated that if there was substantial removal in that area, it could be brought back as a separate violation. Commissioner Johnson stated that she would prefer to do an after the fact permit for the south side, which would allow this to continue to move forward. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT TO MICHAEL FRATTALLONE AND FOR THE PROPERTY LOCATED AT 1010 SIBLEY MEMORIAL HIGHWAY, WHICH WOULD ALLOW VEGETATION CLEARING AND RESTORATION, ALONG WITH SOME EXISTING AND FINISHED LAND DISTURBANCE AND GRADING ACTIVITY, AND PLACEMENT OF A NEW SAND VOLLEYBALL COURT ALL BASED ON THE FINDINGS OF FACT THAT THE PROPOSED PROJECT IS COMPLIANT WITH THE POLICIES AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE, WITH THE FOLLOWING CONDITIONS: 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILED ON THE “LANDSCAPE PLAN – FRATTALLONE RESIDENCE – 1010 SIBLEY MEMORIAL HIGHWAY” 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 NATIVE PLANTING WILL BE CONSISTENT WITH THE MNL SAVANNA MIX – SHORTGRASS SEED PLANTING LIST AS PROVIDED BY THE APPLICANT. 3. NO EXISTING TREES OR VEGETATION IS ALLOWED TO BE REMOVED UNLESS THEY ARE IDENTIFIED AS DISEASED, DYING OR DEAD, OR CONSIDERED INVASIVE OR NOXIOUS VEGETATION. ANY OTHER TREES OR VEGETATION REQUESTED TO BE REMOVED BY THE APPLICANT MUST BE REVIEWED AND APPROVED BY THE CITY’S NATURAL RESOURCES COORDINATOR. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING ANY NEW GRADING, PLANTING AND CONSTRUCTION WORK ACTIVITIES. 5. ALL GRADING AND CONSTRUCTION ACTIVITY WILL FOLLOW 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 SWPP PERMIT AND NPDES PERMIT (IF NECESSARY) PRIOR TO START OF ANY NEW CONSTRUCTION WORK. Page 117 of 206 Tuesday, September 6, 2022 City Council 6. 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. 7. THE CITY WILL ISSUE A CERTIFICATE OF COMPLIANCE AFTER THE VEGETATION RESTORATION PLAN REQUIREMENTS HAVE BEEN COMPLETED TO THE SATISFACTION OF PUBLIC WORKS DIRECTOR. 8. THE LOSS OF TREES ON THE SOUTH SIDE OF THE PROPERTY BE EVALUATED FOR REPLANTING. 9. A THREE-YEAR MAINTENANCE PLAN SHALL BE REQUIRED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL STATED THAT HE DOES NOT WANT TO PUNISH THE CURRENT PROPERTY OWNERS FOR THE ACTIONS OF THE PREVIOUS PROPERTY OWNER. HE STATED THAT THIS RESIDENT IS WILLING TO SPEND MONEY TO FIX AN EYESORE AND POTENTIAL WATER ISSUE. HE STATED THAT HE IS NOT THRILLED THAT THIS WILL MOSTLY BE LAWN. HE BELIEVED THAT THE CITY SHOULD LOOK FURTHER INTO HOW IT CAN BIND PEOPLE TO THE WORK THEY SAY THEY WILL DO. COMMISSIONER CORBETT STATED THAT THEY HAVE SPENT A LOT OF TIME DISCUSSING THIS AND APPLAUDS THE WORK OF THIS RESIDENT AS IT IS A STEP IN THE RIGHT DIRECTION BUT BELIEVES THE SAME ATTENTION SHOULD BE GIVEN TO THE SOUTH SIDE OF THE HOME. ACTING CHAIR LORBERBAUM STATED THAT IS INCLUDED IN THE MOTION. COMMISSIONER CORBETT STATED THAT HE WOULD PREFER TO TABLE THIS IN ORDER TO PROVIDE THE DATA ON THE TREES THAT WERE REMOVED. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO TABLE CASE #2022-14 UNTIL MORE INFORMATION IS PROVIDED ABOUT THE SOUTHERN SIDE OF THE PROPERTY. AYES: 3 (CORBETT, TOTH, JOHNSON NAYS: 3 COMMISSIONER PETSCHEL ASKED WHAT WOULD BE NEEDED TO MOVE FORWARD FOR THOSE THAT VOTED TO TABLE. COMMISSIONER JOHNSON STATED THAT SHE WOULD LIKE TO SEE THE 14 TREES IN THE PLAN THAT ARE NATIVE. SHE STATED THAT SHE WOULD LIKE TO SEE THE SOUTH SIDE HAVE A SEPARATE AFTER THE FACT PERMIT. COMMISSIONER PETSCHEL COMMENTED THAT WOULD BE AN ENFORCEMENT ACTION BECAUSE THERE WAS NOT A VEGETATION REMOVAL PERMIT. HE BELIEVED THAT WOULD BE HEAVY HANDED AS THE APPLICANT IS HERE. Page 118 of 206 Tuesday, September 6, 2022 City Council COMMISSIONER JOHNSON ASKED HOW ELSE THEY COULD ENSURE THE DATA IS PROVIDED AND THE ISSUE IS ADDRESSED IN THE SAME MANNER THIS IS BEING ADDRESSED. SHE NOTED THAT WOULD ALLOW THIS PORTION TO MOVE FORWARD. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WILL WORK WITH THE APPLICANT TO ADDRESS THAT AREA AND BELIEVED THE CONDITIONS PROPOSED BY COMMISSIONER PETSCHEL IS FAIR. HE STATED THAT HE WOULD LIKE TO GET THIS BACK ON TRACK TO BUTTON UP THE SITE BEFORE WINTER SETS IN. HE BELIEVED THAT THE EVALUATION COULD BE DONE BY STAFF AND PRESENTED AT THE CITY COUNCIL MEETING. HE CONFIRMED THE ADDITION OF 14 TREES BEING ADDED TO THE SITE AS RECOMMENDED BY COMMISSIONER JOHNSON. COMMISSIONER PETSCHEL STATED THAT HE AGREES THAT STAFF COULD WORK WITH THE APPLICANT TO ADDRESS THE SOUTHERN PORTION OF THE SITE PRIOR TO PRESENTATION TO THE CITY COUNCIL. ACTING CHAIRPERSON LORBERBAUM CONFIRMED THAT SHE WOULD AGREE TO THAT. COMMISSIONER JOHNSON ASKED HOW THE INPUT WOULD BE GAINED FROM THE ANDERSONS ON WHAT OCCURRED. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF WOULD MEET WITH THE APPLICANT AND THEIR LANDSCAPING ARCHITECT IN ORDER TO EVALUATE THE SOUTH SIDE AND COME TO AN AGREEMENT WHICH WILL BE PRESENTED TO THE COUNCIL. HE STATED THAT HE WILL ALSO RECOMMEND THAT THE APPLICANT MEET WITH THE ANDERSONS TO SOLICIT INPUT. HE NOTED THAT THE ANDERSONS COULD REACH OUT TO HIM FOR MORE INFORMATION OR COULD ATTEND THE CITY COUNCIL MEETING AS WELL. COMMISSIONER TOTH STATED THAT AFTER STAFF VISITS THE PROPERTY, HE WOULD LIKE THAT INFORMATION TO BE SHARED WITH THE PLANNING COMMISSION. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI CONFIRMED THAT HE COULD SEND THAT INFORMATION TO THE COMMISSION MEMBERS. HE NOTED THAT WOULD ONLY BE INFORMATIVE AND THERE COULD NOT BE DISCUSSION AND THERE SHOULD NOT BE A REPLY TO ALL BY ANY MEMBERS OF THE COMMISSION. ACTING CHAIR LORBERBAUM REVIEWED THE ADDITIONAL CONDITIONS THAT HAVE BEEN ADDED TO THE MOTION. AYES: 5 Page 119 of 206 Tuesday, September 6, 2022 City Council NAYS: 1 (CORBETT) Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. Page 120 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-69 Approving a MRCCA Permit and Variance for 944 Sibley Memorial Highway [Planning Case No. 2022-09] INTRODUCTION City Council is asked to consider adopting a resolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit and Variance to Xcel Energy, in order to replace and install a new ten-foot (10’) high security fence on their natural gas transfer/distribution site located at 944 Sibley Memorial Highway. BACKGROUND City Code Title 12-3-1 requires a MRCCA permit to approve any development activities that require a building permit, new structures, land disturbance, vegetation removal, or special zoning approvals; while City Code Sect. 12-1L-5 governs all variance requests. Although a fence in the MRCCA district may be approved as a minor development, the requested 10-ft. high fence will require a building permit for approval, along with the variance to exceed the maximum fence height of 6-feet in the residential zone. At the August 23, 2022 Planning Commission meeting, a planning report was presented; a public hearing was held; and comments from Xcel’s representative and public were given and recorded into the public record. Copies of the 08/23/2022 planning report and plans, along with the planning commission meeting minutes are appended to this memo. AUTHORITY The City is using its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this MRCCA Permit and Variance, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. The proposed (draft) resolution confirms this determination. RECOMMENDATION The Planning Commission recommended unanimously (6-0 vote) to approve the MRCCA Permit and variance to Xcel Energy and for 944 Sibley Memorial Highway, with findings-of-fact to support said approval and certain conditions, as memorialized in the attached resolution. ACTION REQUIRED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-69, APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT AND VARIANCE TO XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY. This adoption action requires a simple majority vote. 9cPage 121 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-69 RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT AND VARIANCE TO XCEL ENERGY AND FOR PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY [PLANNING CASE NO. 2022-19] WHEREAS, Xcel Energy (the “Applicant”) applied for a Mississippi River Corridor Critical Area (MRCCA) permit to make necessary site and safety improvements to their existing natural gas transfer/distribution site, located at 944 Sibley Memorial Highway (State Trunk Highway 13), and legally described in Exhibit A (the “Subject Property”); and WHEREAS, the site improvements and upgrades by the Applicant include replacing the older and inefficient 6-ft, high chain-linked fencing with barbed-wire extensions, with a new 10- foot high, rust-resistant metal mesh fence material for added screening and safety measures, as proposed and presented under Planning Application No. 2022-19; and WHEREAS, the Subject Property is guided P-Parks and Open Space in the 2040 Comprehensive Plan, zoned R-1 One Family Residential, and is situated in the Mississippi River Corridor Critical Area Overlay District; and WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area Overlay District, a permit is required to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approval, and the Applicant is seeking permission to make new safety upgrades and site improvements under the rules and standards established by the R-1 District and the Mississippi River Corridor Critical Area Overlay District ordinance and standards; and WHEREAS, Title 12-1L-5: Variances of the Mendota Heights City Code allows for the City Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted; and WHEREAS, on August 23, 2022, the Mendota Heights Planning Commission conducted a public hearing on the proposed MRCCA Permit and Variance applications, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve the MRCCA Permit and Variance, which would allow the replacement and installation of a new 10-foot high security fence on the Subject Property, with certain conditions and finding-of-fact to support said approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the MRCCA Permit and Variance proposed under Planning Case No. 2022-19, is approved based on the following findings-of-fact with conditions noted herein: A. The proposed ten-foot (10’) high fence improvement will help provide added screening measures and security for this utility service site, and meets the general purpose and Page 122 of 206 Tuesday, September 6, 2022 City Council intent of utility service uses that are governed by the Mississippi River Corridor Critical Area (MRCCA) District ordinances and standards. B. The replacement of the older and smaller fence with the new oversized fence on the subject site is deemed minimally invasive, and is considered a necessary upgrade in order to provide added security and protection to this utility site. C. This higher fence will not impact any nearby bluffs, bluff impact zones, steep slopes, natural vegetative stands, or woodlands. D. The proposed new fence work will not be detrimental to the health, safety or general welfare of the community; or creates any impacts to traffic or pedestrian visibility (sight-lines) or hazards; will not seriously depreciate surrounding property value; and also, is in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. E. The overall construction of this new security fence improvement will comply with all standards and regulations of the MRCCA Ordinance and any related Zoning Ordinance, State Building Codes, and other applicable ordinances; and represents a considerable investment by the Applicants (Xcel Energy) to an important utility service feature in the community. F. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow a residential fence height increase from 6-ft. to 10-ft. by the following findings: i.) the proposed ten-foot fence height is considered a reasonable request by the Applicant and for the subject property due to the Applicant’s strong desire to provide suitable screening, and provide better, adequate and suitable security measures needed to protect this important utility site; and for this reason, the request is not solely based on economic considerations alone; ii.) although this property is situated in the R-1 One Family Residential District, and is considered an essential service/utility (conditional) use in the R-1 zone, said use does not compare to or function as a typical single-family residential use under this zoning category, thus making this property “unique” and special enough to warrant the granting of a variance for added fence height; and iii.) the new fence will not impact or alter the essential character of this neighborhood. G. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has Page 123 of 206 Tuesday, September 6, 2022 City Council determined this variance will not affect or pose any negative impacts upon the neighborhood or the community in general. H. Approval of this variance is for 944 Sibley Memorial Highway only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance; and all variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. I. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2022-19, dated and presented August 23, 2022 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2022-69. J. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: i.) The proposed higher fence shall require a building permit (instead of zoning permit) as per Minnesota State Building Codes. ii.) Xcel will consider providing a black or darker gray color on the fence, if available. iii.) All construction activity will follow applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. iv.) All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. Adopted by the City Council of the City of Mendota Heights this 6th day of September, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Page 124 of 206 Tuesday, September 6, 2022 City Council EXHIBIT A Property Address: 944 Sibley Memorial Highway, Mendota Heights MN 55120 PID: 27-02300-04-021 and 27-02300-04-030 Page 125 of 206 Tuesday, September 6, 2022 City Council PLANNING STAFF REPORT DATE:August 23, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case No. 2022-19 MRCCA PERMIT & VARIANCE APPLICANT:Xcel Energy PROPERTY ADDRESS:944 Sibley Memorial Highway ZONING/GUIDED:R-1 One Family Res. / P-Park and Open Space ACTION DEADLINE:September 29, 2022 INTRODUCTION Xcel Energy (Northern States Power Company) is seeking approval of a Miss. River Corridor Critical Area (MRCCA) Permit and Variance, in order to replace and install a new ten-foot (10’) high security fence on their natural gas transfer/distribution site, located at 944 Sibley Memorial Highway. This item is being presented under a duly noticed public hearing process. A notice of hearing was published in the Pioneer Press; and notice letters were mailed to all owners within 350-feet of the subject property, including the cities of St. Paul and Lilydale. The city has not received any objection or comments related to this application. BACKGROUND The subject property is generally located south of the intersection of Sibley Mem. Hwy. and Lilydale Road. This facility is the natural gas transfer and distribution site for the adjacent Sibley Propane Tank Facility next door – 800 Sibley Mem. Hwy. (refer to GIS image – right). This property is situated in the R-1 One Family Residential District. The property contains two parcels comprising of 0.74 and 0.67 acres, or 1.41 total acres. According to Xcel, this site has been in use since the 1960’s. The site is fairly open, with a 6-foot high security style fencing (barbed wire extensions on top) around its perimeter; and contains a number of small support structures, control boxes, valves with pipe extensions, and a larger tank-looking structure with three vertical exhaust vents. (refer to site photos – appended to end of this report). No major changes are planned inside the facility. Page 126 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 2 Per City Code Sect. 12-1E-3, any use considered an “Essential Service” (i.e. telephone station, booster or pressure regulating station, wells and pumping stations, electrical power substations, etc.) are considered a conditional use under the R-1 District. Staff was unable to find any record if the city granted Northern States Power (now Xcel) any CUP for such gas distribution center at this location, but it is assumed this use was approved and in compliance under the R-1 Zone since its development in the 1960’s. Due to the deteriorating condition of the existing fence and a high desire to increase security around this facility, Xcel is proposing to remove this older fence material and install a new ten-foot (10’) high security fence around the perimeter. The fence will comprise of a rust-resistant metal mesh fence material, which will provide screening (opacity) of 75%; which will allow some limited viscidity to first responders or employees as they enter the site. The new fence will be constructed with 8-ft wide by 10-ft. high panels, supported by evenly spaced posts fixed into the ground. Since the facility is situated in the R-1 Zone, all fences in residential zones are limited to 6-ft. in height. Zoning Code does allow for 10-foot high fences with tennis courts and other sport court areas on residential properties, but does not indicate or provide any special allowances/exceptions to substations or other utility service sites such as this one. ANALYSIS – MRCCA PERMIT The subject site is situated in the SR-Separated by River District of the MRCCA Overlay (see image – below left). The MRCCA Map image (below-right) indicates the bluff impact zone (BIZ) as orange/hatched areas; steep slopes (black-hatched area) and significant vegetative stands (green shaded area). A majority of this developed or working site is not impacted by any of these primary conservation areas; and the new fence does not impact any bluff, steep slopes or native veg. stands as well. Page 127 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 3 Properties located in the SR District are characterized or governed by the following principles: Description. The SR district is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. Management Purpose. The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and the flow of untreated storm water into the river are priorities in the district. In addition, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are also priorities in the district. Per Section 12-3-8. E., Public utilities must comply with the following standards: 1. High-voltage transmission lines, wind energy conversion systems greater than five (5) megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and 2. If overhead placement is necessary, utility facility crossings must minimize the visibility of the facility from the river and follow other existing right of ways as much as practicable. 3. The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color. 4. Wireless communication facilities must comply with Section 12-3-5. B.6. There is no new high-voltage line, wind energy systems, pipelines or wireless communication systems proposed under this project. Pursuant to new City Code Section 12-3-12, no building permit, zoning approval, or subdivision approval shall be issued for any action or development located in an area covered by this chapter until a site plan has been prepared and approved in accordance with the provisions of this chapter. The new ordinance also provides for new rules and standards for new developments, which may include Land Alteration activities and Vegetation Management (removals and replanting). Subpart D. of this section also includes an allowance for “Minor Developments”, which include minor improvements that can be approved directly by the City Council, without Planning Commission review or recommendation, and without a public hearing, but only if the minor project and plans conform to the general standards of this section. Eligible projects for an Administrative MRCCA Permit include small building additions, decks; fences; etc. Although this “fence” could be considered a Minor Development or improvement under this section, the need for the variance to exceed the maximum fence height of 6-feet in the residential zone necessitates the planning commissioner review of the variance, which requires a standard public hearing review. VARIANCE ANALYSIS City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties; and (ii) impact to the community. The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic considerations alone do not constitute practical difficulties. In addition, variances are only to be permitted when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan. Page 128 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 4 Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a variance, noted as follows: x Effect of variance upon health, safety, and welfare of the community. x Existing and anticipated traffic conditions. x Effect on light and air, as well as the danger of fire and the risk to public safety. x Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan. x Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue hardship or difficulty. When considering a variance request, the Planning Commission must determine if these standards have been met in granting a variance, and provide findings-of-fact to support such a recommendation to the City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact supporting a recommendation of denial must be determined. As part of any variance request, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text), followed by a brief staff response: 1. The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance. Applicant’s Response: The practical difficulty associated with this request is that security and safety standards have changed since the facility was first constructed. Changes have been made to the natural gas system include replacing pipeline in ten area that allow for pipeline inspections to be made with inline tool. The proposed fence height of 10 feet brings the security of the site into compliance with current standards. Staff’s Response: The existing 6-foot high chain-linked fencing with barbed wire extensions appears in poor shape, and does not provide adequate or suitable security for the subject site. Staff agrees the 10-foot high security fence proposed by the Applicant is reasonable and consistent with other security measures needed for such utility sites. The subject property, although situated in the R-1 One Family Residential district, does not look, function or operate as a typical single-family residential use or development. Therefore, this new fence will serve a very specific use and purpose that is not normally seen in all residential areas throughout the community., Replacement of the new fence on the same layout as the old one means there will be little to no impacts upon the surrounding properties or removal of any trees or landscaping. Staff believes this request for the higher fence of 10-feet is reasonable. 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner. Applicant’s Response: The Mendota Station has been in place for many decades. The standards for securing the facility has changed. A taller perimeter fence is a better deterrent then the existing 6' tall fence with barb wire on top. The chain link can be cut with a bolt cutter or can be scaled easily because of the toe holds the fence provides. The barb wire can be compromised by throwing a rug over the top. The proposed mesh steel fence is much more difficult to scale due to the opening size of the mesh and the 10' height deters scaling. Staff’s Response: As noted previously, the subject site is situated in the R-1 Zone, and obviously does not have the same look and feel as a typical “R-1” zoned neighborhood or uses. The demand for higher or increased security for such an important utility service area is duly noted and recognizable; and the city should provide support to local utility agencies seeking better means or measures to providing security to such sites. Staff feels this property and the request for increased fence height is due to circumstances unique to this property. Page 129 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 5 3. The variance will not alter the essential character of the neighborhood; and economic considerations alone do not constitute practical difficulties. Applicant’s Response: The property is surrounded on three sides and to the south by Xcel Energy's Sibley Plant, and the city owned parcel to the south and City open space and trail. The proposed fence will add some appropriate visual screening to the facility. The proposed screen will be 75% opaque, the screen will buffer views into the facility but provide first responders and Xcel employees visual awareness of the environment prior to entering the station. Staff’s Response: Due to the subject site’s proximity along this highway and between the two roadway ramp/entrance systems, along with the vacant and heavily wooded city-owned parcel, staff believes this variance for the higher fence would have little, if any impacts with other nearby uses, or any neighboring residential zoned uses. INTERAGENCY REVIEW The city is required to give Minnesota Dept. of Natural Resources and National Park Service at least 20- day notice of any new MRCCA Permit application request. These notices were emailed (08/02/2022) directly to the appropriate staff; and a response from both agencies indicating no comment or issues with the proposed fence improvement work proposed by Xcel. The city also mailed notices related to this MRCCA Permit request and project to the cities of Lilydale and Saint Paul for review/comments, and received no responses or comments from either community. ALTERNATIVES 1. Recommend APPROVAL of the MRCCA Permit and Variance to Xcel Energy and for 944 Sibley Memorial Highway, which would allow the replacement and installation of a new security/screening fence up to 10-feet in height, based on the following findings-of-fact and proposed conditions: A. The proposed ten-foot (10’) high fence improvement will help provide added screening measures and security for this utility service site, and meets the general purpose and intent of utility service uses that are governed by the Mississippi River Corridor Critical Area (MRCCA) District ordinances and standards. B. The replacement of the older and smaller fence with the new oversized fence on the subject site is deemed minimally invasive, and is considered a necessary upgrade in order to provide added security and protection to this utility site. C. This higher fence will not impact any nearby bluffs, bluff impact zones, steep slopes, natural vegetative stands, or woodlands. D. The proposed new fence work will not be detrimental to the health, safety or general welfare of the community; or creates any impacts to traffic or pedestrian visibility (sight-lines) or hazards; will not seriously depreciate surrounding property value; and also, is in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. E. The overall construction of this new security fence improvement will comply with all standards and regulations of the MRCCA Ordinance and any related Zoning Ordinance, State Building Codes, and other applicable ordinances; and represents a considerable investment by the Applicants (Xcel Energy) to an important utility service feature in the community. F. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Page 130 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 6 Variance to allow a residential fence height increase from 6-ft. to 10-ft. by the following findings: i.) the proposed ten-foot fence height is considered a reasonable request by the Applicant and for the subject property due to the Applicant’s strong desire to provide suitable screening, and provide better, adequate and suitable security measures needed to protect this important utility site; and for this reason, the request is not solely based on economic considerations alone; ii.) although this property is situated in the R-1 One Family Residential District, and is considered an essential service/utility (conditional) use in the R-1 zone, said use does not compare to or function as a typical single-family residential use under this zoning category, thus making this property “unique” and special enough to warrant the granting of a variance for added fence height; and iii.) the new fence will not impact or alter the essential character of this neighborhood. G. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance will not affect or pose any negative impacts upon the neighborhood or the community in general. H. Approval of this variance is for 944 Sibley Memorial Highway only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance; and all variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. I. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2022-19, dated and presented August 23, 2022 (on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2022-____. (final number to be assigned later) J. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: i.) The proposed higher fence shall require a building permit (instead of zoning permit) as per Minnesota State Building Codes. ii.) All construction activity will follow applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. iii.) All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 2. Recommend DENIAL of the MRCCA Permit to Xcel Energy based on the recommendation the application and project does/does not meet certain policies and standards of the MRCCA Ordinance and City Code based on revised findings-of-facts determined by the Planning Commission, and deny the Variance request for the higher fence based on the findings-of-fact that confirm the Applicant failed to meet the burden(s) of proof or standards in granting of the variance requested herein, noted as follows: A. Under Title 12-1L-5A of the City Code, the City may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying Page 131 of 206 Tuesday, September 6, 2022 City Council Planning Case #2022-19 (Xcel – MRCCA Permit-Variance) Page 7 out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The City hereby determines the Applicant has not met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a variance for increased fence height to ten-feet (10’). The proposed higher fence is not essential to the overall and continued use of the subject property; and the fact the addition requires a variance for normal fence height standards is not warranted under this case; and is therefore not considered a reasonable use of the property. C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). 3. Table the request and direct staff to extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends the Planning Commission consider Alternative No. 1, approval of the proposed MRCCA Permit request from Xcel Energy and for the property located at 944 Sibley Memorial Highway, along with the Variance to install a new ten-foot (10’) security fence on the subject site, based on the findings-of-fact supporting this variance application request, and the conditions noted herein. Page 132 of 206 Tuesday, September 6, 2022 City Council 8/12/22, 9:05 AM Dakota County GIS gis.co.dakota.mn.us/DCGIS/1/1 Sibley Gas Transfer/Distribution Site -944 SMH Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 1 inch =150 feet 8/12/2022 Page 133 of 206 Tuesday, September 6, 2022 City Council 941 949 949 I- 3 5E SIBLEY MEMORIAL HWYLI L Y D A L E R D SIB L E Y M E M O R I AL RA M P SIB L E Y ME M O R I A L L O O P I- 3 5E This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 944 SIBLEY MEM. HWY. MENDOTA HEIGHTS, MN MRCCA MAP - General City of Mendota Heights0100 SCALE IN FEET Legend MRCCA Districts CA-ROS CA-RN CA-SR CA-RTC MRCCA Boundary Municipal Boundary Date: 8/1/2022 Page 134 of 206 Tuesday, September 6, 2022 City Council 941 949 949 I- 3 5E SIBLEY MEMORIAL HWYLI L Y D A L E R D SIB L E Y M E M O R I AL RA M P SIB L E Y ME M O R I A L L O O P I- 3 5E This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 944 SIBLEY MEM. HWY. MENDOTA HEIGHTS, MN MRCCA MAP - BIZ - PCA's City of Mendota Heights0100 SCALE IN FEET Legend Bluff Elements 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs Primary Conservation Areas Significant Veg. Stands Native Plant Communities MRCCA Boundary Municipal Boundary Date: 8/1/2022 Page 135 of 206 Tuesday, September 6, 2022 City Council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ƅW274MWMRZIWXMRKXSIRLERGIWIGYVMX]ERHWEJIX]SJXLIJEGMPMX] -QTVSZIQIRXWMRGPYHI  •,QVWDOOLQJD¶WDOOVHFXULW\IHQFHDURXQGWKHSHULPHWHURIWKH6WDWLRQ o0HVK)DEULF)HQFHRSDFLW\LV o3DQHOVDUH¶ZLGHDQG¶WDOO o7KHSURSRVHGZRUNZLOOEULQJWKHVLWHLQWRFRPSOLDQFHZLWKVHFXULW\VWDQGDUGV UHFHQWO\DSSURYHGE\;FHO(QHUJ\  7KHSURSHUW\LVLQWKHVRXWKHDVWTXDGUDQWRIDQGDGMDFHQWWR,(86+Z\DQG/LO\GDOH5RDG 7KHVLWHLVLUUHJXODUO\VKDSHGDQGDGMRLQLQJXVHVLQFOXGHWKH;FHO(QHUJ\6LEOH\3ODQWDQG0HQGRWD +HLJKWSDUN3URSHUW\$WUDLOORFDWHGRQWKH0HQGRWD6WDWLRQ3URSHUW\LVSDUWRIWKHUHJLRQDOV\VWHP RIWUDLOVFRQQHFWLQJWRWUDLOVDORQJWKHULYHUDQGSRLQWVWRWKHVRXWK7KHSURSHUW\LVLQWKH&ULWLFDO $UHD2YHUOD\=RQHDQGLVUHODWLYHO\IODW7KHVLWHFDQQRWEHVHHQIURPWKHULYHUQRUFDQWKHULYHUEH VHHQIURPWKHVLWH  /DQGVFDSLQJ7KHUHDUHQRSODQVWRDGGODQGVFDSLQJDWWKHIDFLOLW\7KHSURSRVHGIHQFHKDVDQ RSDFLW\RIDQGZLWKD¶KHLJKWZLOOSURYLGHVFUHHQLQJRIWKHIDFLOLW\ZKLOHVWLOOSHUPLWWLQJILUVW UHVSRQGHUVDQG;FHOHPSOR\HHVYLVXDODZDUHQHVVSULRUWRHQWHULQJWKHIDFLOLW\  &RQVWUXFWLRQ7LPLQJ&RQVWUXFWLRQ7LPLQJ2XULQWHQWLVWRVWDUWFRQVWUXFWLRQLPPHGLDWHO\DIWHU UHFHLYLQJDSSURYDORIRXUDSSOLFDWLRQDQGSHUPLWV2XUJRDOLVWRKDYHWKHSURSHUW\VHFXUHGSULRUWR IUHH]HXSWKLVZLQWHU  3HUPLW 0LVVLVVLSSL5LYHU&RUULGRU&ULWLFDO$UHD3HUPLW •1HZ&RQVWUXFWLRQ6WUXFWXUH3HUPLW7KHSURSRVHGIHQFHZLOOUHSODFHWKHH[LVWLQJFKDLQOLQN IHQFHWKDWLVORFDWHGRQWKHSURSHUW\7KHIHQFHZLOOLQFOXGHWZRYHKLFOHJDWHV7KHPDLQ Page 136 of 206 Tuesday, September 6, 2022 City Council  1LFROOHW0DOO 0LQQHDSROLV01   [FHOHQHUJ\FRP JDWHZLOOEHORFDWHGRIIRI/LO\GDOH5RDGXVLQJWKHWUDLOGULYHZD\DVDFFHVV$VHFRQGDU\ JDWHLVORFDWHGRQ6LEOH\0HPRULDO+LJKZD\ZKLFKZLOOEHRFFDVLRQDOO\IRUPDLQWHQDQFHDQG DVDQHPHUJHQF\H[LW$PDQJDWHZLOODOVREHLQVWDOOHGQHDUWKHPDLQJDWH  9DULDQFH5HTXHVW ;FHO(QHUJ\LVUHTXHVWLQJDYDULDQFHWRWKHRUGLQDQFHWRDOORZWKHFRQVWUXFWLRQRIWKH¶WDOOIHQFH  7KDQN\RXIRU\RXUFRQVLGHUDWLRQRIRXUUHTXHVWWREULQJWKH0HQGRWD6WDWLRQLQWRFRPSOLDQFHZLWK WKHODWHVWVHFXULW\VWDQGDUGV7KHSURSRVHGLPSURYHPHQWVZLOOPLQLPDOO\LPSDFWWKHQDWXUDO HQYLURQPHQWDQGHQKDQFHWKHVHFXULW\DQGVDIHW\RIWKHQDWXUDOJDVV\VWHPLQ0HQGRWD+HLJKWVDQG VXUURXQGLQJFRPPXQLWLHV  5HJDUGV  %ULDQ6XOOLYDQ 6LWLQJDQG/DQG5LJKWV 3,&,) (PDLOEULDQHVXOOLYDQ#[FHOHQHUJ\FRP    Page 137 of 206 Tuesday, September 6, 2022 City Council  1LFROOHW0DOO 0LQQHDSROLV01   [FHOHQHUJ\FRP   Page 138 of 206 Tuesday, September 6, 2022 City Council  1LFROOHW0DOO 0LQQHDSROLV01   [FHOHQHUJ\FRP   Page 139 of 206 Tuesday, September 6, 2022 City Council Variance Application Checklist Page 4 of 5 Please answer the following three questions as they relate to the variance request. Responses will be presented to the Planning Commission & City Council. (Note: you may fill-in this form or create your own) __________________________________________________________________ 1.Are there any practical difficulties that help support the granting of this variance? (Note: “practical difficulties" as used in connection with the granting of a variance, means that the owner proposes to use the property in a reasonable manner not permitted by City Code. Economic considerations alone do not constitute a practical difficulty). ‰YES ‰NO Please describe or identify any practical difficulties and/or how you plan to use the property in a reasonable manner below: 2. Are there any circumstances unique to the property (not created by the owner) that support the granting of this variance? ‰YES ‰NO Please describe or identify any unique circumstances below: 3. If the variance was granted, would it alter the essential character of the neighborhood? ‰YES ‰NO Why or Why Not? Please explain how the request fits with the character of the neighborhood. X X X The practicle difficulty associated with this request is that security and safety standards have changed since the facility was first constructed. Changes have been made to the natural gas system include replacing pipeline in teh area that allow for pipeline inspections to be made with inline tool. The proposed fence height of 10 feet brings the security of the site into compliance with currant standards. The Mendota Station has been in place for many decades. The standards for securing the facility has changed. A taller perimeter fence is a better deterrent then the existing 6' tall fence with barb wire on top. The chain link can be cut with a bolt cutter or can be scaled easily because of the toe holds the fence provides. The barb wire can be compromised by throwing a rug over the top. The proposed mesh steel fence is much more difficult to scale due to the opening size of the mesh and the 10' height deters scaling. The property is surrounded on three sides by roads and to the south by Xcel Energy's Sibley Plant and City open space and trail. The proposed fence will add some appropriate visual screening to the facility. The proposed screen will be 75% opaque, The screen will buffer views into the facility but provide first responders and Xcel employees visual awareness of teh environment prior to entering the station. Page 140 of 206 Tuesday, September 6, 2022 City Council Page 141 of 206 Tuesday, September 6, 2022 City Council 12' Wide Secondary Access Gate 10' Tall Security Fence at Property Line 20' Wide Gate 10' Tall Security Fence at Property Line Pr o p e r t y L i n e Property Line P r o p e r t y L i n e 10' Tall Security Fence at Property Line P r o p e r t y L i n e 10' Tall Security Fence P r o p e r t y L i n e T r a i l Fence Location Planfor the Mendota Station10' Tall Security Fence Parcel ID 270230004021 &270230004030Address944 Sibley Memorial Hwy Mendota HeightsTract Area: 1.4 AcresZoning: R-1 Single Family Residential DistrictDetail &Photo ofProposedFencePage 142 of 206 Tuesday, September 6, 2022 City Council Xcel - MendotaPage 143 of 206 Tuesday, September 6, 2022 City Council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ó685)$&($5($LQò6,=(%'$7(&5($7(''(6,*1('%<UROXUT6&$/(0$66OE0$7(5,$/6((%20ƒ;;;;;;;;;$1*/(6)5$&7,216685)$&(),1,6+81/(6627+(5:,6(63(&,),('72/(5$1&(6,1&+00'2&80(17,'Xcel - MendotaPage 144 of 206 Tuesday, September 6, 2022 City Council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ó685)$&($5($LQò6,=(%'$7(&5($7(''(6,*1('%<UROXUT6&$/(0$66OE0$7(5,$/6((%20ƒ;;;;;;;;;$1*/(6)5$&7,216685)$&(),1,6+81/(6627+(5:,6(63(&,),('72/(5$1&(6,1&+00'2&80(17,'Xcel - MendotaXcel - Mendota Page 145 of 206 Tuesday, September 6, 2022 City Council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ó685)$&($5($LQò6,=(%'$7(&5($7(''(6,*1('%<UROXUT6&$/(0$66OE0$7(5,$/6((%20ƒ;;;;;;;;;$1*/(6)5$&7,216685)$&(),1,6+81/(6627+(5:,6(63(&,),('72/(5$1&(6,1&+00'2&80(17,'Xcel - MendotaXcel - Mendota Page 146 of 206 Tuesday, September 6, 2022 City Council Page 147 of 206 Tuesday, September 6, 2022 City Council Page 148 of 206 Tuesday, September 6, 2022 City Council Page 149 of 206 Tuesday, September 6, 2022 City Council Page 150 of 206 Tuesday, September 6, 2022 City Council Page 151 of 206 Tuesday, September 6, 2022 City Council B) PLANNING CASE 2022-19 XCEL ENERGY, 944 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT AND VARIANCE Community Development Director Tim Benetti explained that Xcel Energy (Northern States Power Company) is seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit and Variance, in order to replace and install a new ten-foot-high security fence on their natural gas transfer/distribution site, located at 944 Sibley Memorial Highway. Hearing notices were published and 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. Acting Chair Lorberbaum opened the public hearing. Brian Sullivan, Xcel Energy, stated that they are continuing to make improvements to their facilities and identified that a better fence should be provided at this location. He provided details on the proposed fence, noting that it would be difficult to crawl to the top. Commissioner Johnson stated that she visited the website of the fence manufacturer and noticed that there were clear pictures of the galvanized finish which can be very striking. She stated that it was her understanding that the fence is also available in black and believed that might be a better fit for the site given the adjacent uses. Mr. Sullivan stated that he was unsure. He stated that the initial response would be to stay with the galvanized finish because it holds up. Commissioner Johnson replied that it is her understanding that the product would be galvanized and then painted black before shipped. She commented that a ten-foot tall, galvanized fence could be visually intrusive. Mr. Sullivan stated that in his experience galvanized does not reflect. Commissioner Toth asked if Commissioner Johnson would request the fence to be black on all four sides, or only the side adjacent to the highway. Commissioner Johnson stated that the product is shown in black as an option. Commissioner Corbett stated that perhaps Xcel has qualified this product in other instances. He noted that perhaps the paint chips off or causes other issues. Page 152 of 206 Tuesday, September 6, 2022 City Council Commissioner Johnson asked if a preference could be made for black and if Xcel could not use black, the galvanized could move forward. Community Development Director Tim Benetti commented that from a zoning standpoint, he would not have the ability to dictate color but because this request is different from what is typically allowed, the Commission could provide that preference. Acting Chair Lorberbaum asked if foliage could be recommended in front of the fence to lessen the impact. Community Development Director Tim Benetti commented that the purpose and intent of the fence is to prevent people from climbing the fence but also allow visibility for safety and security and therefore covering the fence with foliage would defeat that purpose. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER JOHNSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PROPOSED MRCCA PERMIT REQUEST FROM XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY, ALONG WITH THE VARIANCE TO INSTALL A NEW TEN FOOT SECURITY FENCE ON THE SUBJECT SITE WITH A COLOR PREFERENCE OF BLACK, BASED ON THE FINDINGS OF FACT SUPPORTING THIS VARIANCE APPLICATION REQUEST AND CONDITIONS NOTED HEREIN. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. Page 153 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 154 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-70 Approving a Lot Split (Subdivision) for 2511 Condon Court [Planning Case No. 2022-20] INTRODUCTION City Council is asked to adopt a resolution approving a Lot Split (Subdivision) request from Dick Bjorklund, and for the property located at 2511 Condon Court. BACKGROUND Mr. Bjorklund is seeking approval to subdivide a parcel of property generally located near the southwest corner of Condon Court and Mendota Heights Road. This proposed lot split is actually a division of the lot in order to create two separate parcels for a new twin home development, thus providing a legal dividing (or demising) line between both residential units. This lot split/subdivision request requires city review and approval before any plat or survey can be accepted and recorded by Dakota County. At the August 23, 2022 Planning Commission meeting, a planning report was presented; a public hearing was held; and comments from the Applicant and public were given and recorded into the public record. A copy of the 08/23/2022 planning report and plans, along with the planning commission meeting minutes are appended to this memo. AUTHORITY The City can use its quasi-judicial authority when considering certain action on a land use or zoning decisions, including this subdivision requests, and has limited discretion. A determination regarding whether or not the request meets the applicable code standards is required. The resolution confirms this determination. RECOMMENDATION The Planning Commission recommended unanimously (6-0) to approve a Lot Split for 2511 Condon Court, based on the findings-of-fact supporting such a recommendation with conditions, all of which are memorialized in the attached resolution. ACTION REQUESTED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-70, APPROVING A LOT SPLIT (SUBDIVISION) FOR THE PROPERTY LOCATED AT 2511 CONDON COURT. This adoption action requires a simple majority vote. 9dPage 155 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-70 RESOLUTION APPROVING A LOT SPLIT (SUBDIVISION) FOR 2511 CONDON COURT [PLANNING CASE NO. 2022--20] WHEREAS, Dick Bjorklund (“Applicant”) is seeking approval of a Lot Split as proposed under Planning Case No. 2022-20, and for the property located at 2511 Condon Court, legally described in attached Exhibit A; and WHEREAS, the Subject Property is guided MR-Medium Density Residential in the 2040 Comprehensive Plan and situated in the R-2 Two-Family Residential District; and WHEREAS, Title 11-3-2 of the City Code (Subdivision Ordinance) allows the subdivision of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district, and the Applicant seeks to subdivide the Subject Property into two parcels, as legally described and illustrated on attached Exhibit B; and WHEREAS, on August 23, 2022, the Mendota Heights Planning Commission conducted a public hearing on the proposed Lot Split application, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve the lot split on the Subject Property, with certain conditions and finding-of-fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2022-20 is hereby affirmed, and the Lot Split requested for the property located at 2511 Condon Court, is approved based on the following findings-of-facts 1. The proposed lot split request meets the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. 2. The proposed subdivision and any new (future) residential twin-home development on this parcel will not create any negative impacts to the surrounding uses or neighborhood, and complies with other and similar twin home uses along Condon Court. 3. The two lots resulting from the lot split meet City Code minimum standards and are comparable in size and frontage to other lots in the neighborhood. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Lot Split requested for the property located at 2511 Condon Court is hereby approved, with the following conditions: Page 156 of 206 Tuesday, September 6, 2022 City Council 1) Approval of this lot split configuration is only for the benefit of accommodating a new attached twin home dwelling between both parcels. The splitting of this R-2 zoned lot does not provide any allowance to develop a detached single-family dwelling and/or detached townhome dwelling on each new parcel. 2) As part of any new building permit application for the new twin home development, the Applicant and/or contractor shall submit full grading and utility plans subject to review and approval by city staff. 3) Park dedication fee of $4,000 (for one added residential unit) will be paid before the subdivision is allowed to be recorded with Dakota County. 4) The existing oak trees on the subject site shall be preserved. Adopted by the City Council of the City of Mendota Heights this 6th day of September, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Page 157 of 206 Tuesday, September 6, 2022 City Council EXHIBIT-A PID# 27-75390-01-010 ADDRESS: 2511 Condon Court, Mendota Heights, MN 55118 LEGAL DESCRIPTION: Lot 1, Block 1, THE OAKS OF MENDOTA HEIGHTS, Dakota County, Minnesota TOGETHER WITH that part of the right of way of Mendota Heights Road, as dedicated on the recorded plat of THE OAKS OF MENDOTA HEIGHTS, Dakota County, Minnesota, described as beginning at the northwest corner of Lot 1, Block 1, said plat; thence northerly, along the northerly extension of the west line of said Lot 1, a distance of 30.00 feet; thence deflecting to the right 64 degrees 00 minutes 00 seconds a distance of 81.04 feet to the intersection with the northwesterly extension of the northeast line of said Lot 1; thence southeasterly, along said northwesterly extension, a distance of 84.19 feet to a northeast corner of said Lot 1; thence westerly, along the north line of said Lot 1, a distance of 127.01 feet to the point of beginning. Abstract Property Page 158 of 206 Tuesday, September 6, 2022 City Council EXHIBIT-B Page 159 of 206 Tuesday, September 6, 2022 City Council PLANNING STAFF REPORT DATE: August 23, 2022 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2022-20 LOT SPLIT –SUBDIVISION REQUEST APPLICANT: Dick Bjorklund PROPERTY ADDRESS: 2511 Condon Court ZONING/GUIDED: R-2 Two-Family Residential/MR-Medium Density Residential ACTION DEADLINE: December 1, 2022 INTRODUCTION Mr. Dick Bjorklund is seeking approval to subdivide a parcel of property generally located near the southwest corner of Condon Court and Mendota Heights Road. The property is officially addressed as 2511 Condon Court. This proposed lot split is actually a division of the lot in order to create two separate parcels for a new twin home development, thus providing a legal dividing (or demising) line between both residential units. This lot split/subdivision request requires city review and approval before any plat or survey can be accepted and recorded by Dakota County. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcels. The city has not received any objection or comments related to this application. BACKGROUND In May 2014, Mr. Bjorklund requested two original single-family residential properties located at 2511 and 2525 Condon Court (previously existed on this site) to be considered for a land use amendment and rezoning. The request was to revise the previous land use designation from LB-Limited Business to MR- Medium Density Residential, and rezone the two parcels from R-1 One Family Residential to R-2 Medium Density Residential. The amendment and rezoning were approved by Ord. No. 470 (adopted 01/06/2015). The land use designation and zoning on this site has remained as MR-Med. Density and R-2 Two Family Residential since 2015. Later in June 2015, Mr. Bjorklund requested to re-plat the two residential properties on this site into five (5) new and separate parcels. The preliminary plat was approved by Resolution No. 2015-48 (adopted 07/07/2015) and the Final Plat of The Oaks of Mendota Heights was later approved under Res. No. 2017- 32 (adopted 05/02/2017). The original plan by Mr. Bjorklund was to create four lots (Lots 2 thru 5, Block 1) for two attached twin homes (4 units); and one lot (Lot 1, Block 1) would be reserved as a single-family residential development specifically for Mr. Bjorklund’s use (see plat image - below). Page 160 of 206 Tuesday, September 6, 2022 City Council In early 2021, Mr. Bjorklund filed a petition to have the city vacate a section of Mendota Heights Road right-of-way (approx. 5,000 sq. ft.) located directly north of this Lot 1 (see aerial image and survey/sketch images – below). On June 1, 2021, the City Council conducted a hearing on this vacation request, and later adopted Res. No. 2021-40, which authorized the vacation and attachment of this vacated ROW to the abutting parcel – Lot 1, Block 1 The Oaks of MH. It was noted in the council report that the vacated ROW attachment would result in Lot 1 becoming over 23,000-sq. ft. in area. Mr. Bjorklund has completed one of the twin homes at 2515-2519 Condon Ct., and is nearing completion of the other twin at 2525-2529 Condon Ct. The applicant is now electing to forgo building a new single- family dwelling on Lot 1 at this time, and has decided to offer this lot as a potential third twin home site. The Applicant has submitted a Lot Split Survey that illustrates the larger combined parcel (Lot 1 + vacated ROW) equals 23,081-sq. ft. of total land area, and the request includes a is to split this parcel into two (Parcels A & B) of 12,154-sq. ft. and 10,927-sq. ft. in area. Page 161 of 206 Tuesday, September 6, 2022 City Council ANALYSIS Pursuant to City Code Section 12-1E-7: R-2 Medium Density Res. District, dwelling units containing two (2) and up to twenty-four (24) units are permitted uses. A new twin home at this location would be a permitted use, similar to what was approved on the Lots 2-5 of this plat. The following are the minimum development standards for certain R-2 uses: Lot Dwelling Lot Area / Area Lot Unit Lot Width Front Yard Side Yard Rear Yard 1 family 15,000 sf 15,000 sf 100' 30' 10' 30' 2 family 20,000 sf 1 10,000 sf 100' 30' 10' 30' The required lot area or area is noted as 20,000 sf. As noted previously, the overall (expanded) Lot 1 now measures 23,081-sf. in area. This lot area only applies to the overall lot size – not the individual unit sized parcels. For that requirement, each “unit” must have a minimum of 10,000-sf., which is met by Parcel A measuring 12,154 sf. and Parcel B with 10,927-sf. of lot unit area, respectively. The overall lot has frontage along Condon Court of 206.27-ft. + 19.39-ft. or 225.66-feet. The proposed twin home setbacks are shown with a 30-foot front yard setback from Condon Court and 58.6 feet from Mendota Heights Road; a 21.0-ft. setback from the south side yard; and 33.5-ft. from the rear yard. The two other twin home developments to the south were created with similar parcel divisions over each unit (see aerial map image – below). This lot or parcel separation provides for each unit to be separately owned and controlled, with its own legally described land area underlying each unit. The proposed layout of these two-unit parcels is consistent with what was approved by the City under the original Oaks of Mendota Heights plat of 2015. Page 162 of 206 Tuesday, September 6, 2022 City Council REQUESTED ACTION Following the public hearing and discussion, the Planning Commission may consider the following actions: 1. Recommend approval of the lot split based on the attached findings-of-fact and conditions of approval as noted herein; OR 2. Recommend denial of the lot split based on revised or determined findings of fact; OR 3. Table the request, pending additional information from staff or the Applicant. RECOMMENDATION The Planning Commission is asked to determine the effect of the proposed lot split on the character and development of the neighborhood in forming its recommendation to the City Council. Staff recommends the Planning Commission recommend to the City Council approval of the lot split as submitted, with the following conditions: 1) Approval of this lot split configuration is only for the benefit of accommodating a new attached twin home dwelling between both parcels. The splitting of this R-2 zoned lot does not provide any allowance to develop a detached single-family dwelling and/or detached townhome dwelling on each new parcel. 2) As part of any new building permit application for the new twin home development, the Applicant and/or contractor shall submit full grading and utility plans subject to review and approval by city staff. 3) Park dedication fee of $4,000 (for one added residential unit) will be paid before the subdivision is allowed to be recorded with Dakota County. FINDINGS OF FACT FOR APPROVAL Lot Split – Subdivision Request for 2511 Condon Court The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed lot split request meet the overall spirit, purpose and intent of the City Code and is consistent with the goals and objectives of the Comprehensive Plan. 2. The proposed subdivision and any new (future) residential twin-home development on this parcel will not create any negative impacts to the surrounding uses or neighborhood, and complies with other and similar twin home uses along Condon Court. 3. The two lots resulting from the lot split meet City Code minimum standards and are comparable in size and frontage to other lots in the neighborhood. Page 163 of 206 Tuesday, September 6, 2022 City Council Page 164 of 206 Tuesday, September 6, 2022 City Council 2511 2487 819 2535 2525 2515 2519 2529 816 819 DODD RDCONDON CTMENDOTA HEIGHTS RD I-494 LOOP DODD RD RAMPDODD RDThis imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or distributed for the City of Mendota Heights0100 SCALE IN FEETDate: 8/5/2022 2511 CONDON COURT (DICK BJORKLUND) Page 165 of 206 Tuesday, September 6, 2022 City Council Page 166 of 206 Tuesday, September 6, 2022 City Council Page 167 of 206 Tuesday, September 6, 2022 City Council C) PLANNING CASE 2022-20 DICK BJORKLUND, 2511 CONDON COURT – LOT SPLIT Community Development Director Tim Benetti explained that Dick Bjorklund is seeking approval to subdivide a parcel of property generally located near the southwest corner of Condon Court and Mendota Heights Road. The property is officially addressed as 2511 Condon Court. This proposed lot split is actually a division of the lot in order to create two separate parcels for a new twin home development, thus providing a legal dividing (or demising) line between both residential units. This lot split/subdivision request requires City review and approval before any plat or survey can be accepted and recorded by Dakota County. Hearing notices were published and 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 Johnson noted an update to condition two within the findings of fact. Acting Chair Lorberbaum opened the public hearing. Dick Bjorklund, applicant, stated that he began the project in 2015 and provided background information. He stated that he believes a twin home would look better on this lot because of the frontage and the additional space that would be available for greenspace and tree preservation. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVE OF THE LOT SPLIT AS SUBMITTED WITH THE FOLLOWING CONDITIONS: 1. APPROVAL OF THIS LOT SPLIT CONFIGURATION IS ONLY FOR THE BENEFIT OF ACCOMMODATING A NEW ATTACHED TWIN HOME DWELLING BETWEEN BOTH PARCELS. THE SPLITTING OF THIS R-2 ZONED LOT DOES NOT PROVIDE ANY ALLOWANCE TO DEVELOP A DETACHED SINGLE-FAMILY DWELLING AND/OR DETACHED TOWNHOME DWELLING ON EACH NEW PARCEL. Page 168 of 206 Tuesday, September 6, 2022 City Council 2. AS PART OF ANY NEW BUILDING PERMIT APPLICATION FOR THE NEW TWIN HOME DEVELOPMENT, THE APPLICANT AND/OR CONTRACTOR SHALL SUBMIT FULL GRADING AND UTILITY PLANS SUBJECT TO REVIEW AND APPROVAL BY CITY STAFF. 3. PARK DEDICATION FEE OF $4,000 (FOR ONE ADDED RESIDENTIAL UNIT) WILL BE PAID BEFORE THE SUBDIVISION IS ALLOWED TO BE RECORDED WITH DAKOTA COUNTY. 4. THE EXISTING OAK TREES ON THE SITE SHALL BE PRESERVED. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. Page 169 of 206 Tuesday, September 6, 2022 City Council This page intentionally left blank. Page 170 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-71 Approving a Preliminary/Final Plat of “B MARIE ADDITION” and Conditional Use Permit for 1753 Sutton Lane [Planning Case No. 2022-21] INTRODUCTION City Council is asked to consider adopting a resolution approving a new preliminary and final plat of a new subdivision to be titled “B MARIE ADDITION”, which is essentially the replatting and combining of three parcels into one larger parcel. Related to this request is a conditional use permit (CUP) to construct a new detached garage. The applicant is Jeff Simek; and the property is located at 1753 Sutton Lane. BACKGROUND Mr. Simek currently owns three separately taxed parcels: the main dwelling parcel (Lot 6 & 7, Blk. 1, Somerset No. 2 Addition) consists of 0.69 acres of area; while the other two parcels situated along the rear lot line, are 20-feet in width, and apparently were created by splitting off a narrow strip of land from each adjacent parcel (Lot 3 and Lot 4, Blk. 1 of Somerset Park No. 3 Addition). Each of these strip parcels consists of approximately 0.06 and 0.04 acres, respectively. Mr. Simek sought permission to build a new 26’ x 38’ (988-sf.) detached garage, but when informed the main parcel had to be a minimum of 0.75 acres or more, an argument was made he had the area made up with all three (separate) parcels. Staff denied the opportunity to request the CUP at that time, unless the owner was able to combine all three of his parcels into one single parcel. A few years ago, Dakota County implemented new policy on lot/parcel combinations, whereby they will accept lot/parcel combination requests only if the parcels are situated in the same subdivision. If parcels are in different subdivisions, a new plat (re-plat) is required. The proposed plat results in a new larger parcel with 0.80 acres of total land area. As a result of this new plat and larger parcel area, Mr. Simek is requesting a new 26’ x 38’ (988-sq. ft.) detached garage. Per Zoning Code, residents can request a secondary detached garage up to 750-sf. garage (with building permit) or any garage greater than 750-sf but not to exceed 1,000-sf. may be approved by means of conditional use permit (CUP). At the August 23, 2022 Planning Commission meeting, a planning report was presented; a public hearing was held; and comments from Mr. Simek and public were given and recorded into the public record. Copies of the 08/23/2022 planning report and plans, along with the planning commission meeting minutes are appended to this memo. 9ePage 171 of 206 Tuesday, September 6, 2022 City Council AUTHORITY The City is using its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this subdivision request and conditional use permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. The proposed (draft) resolution confirms this determination. RECOMMENDATION The Planning Commission recommended unanimously (6-0) to approve the Preliminary and Final Plat of “B MARIE ADDITION” along with a Conditional Use Permit to allow the 26’ x 38’ (988-sq. ft.) detached garage at 1753 Sutton Lane, both based on specific findings-of-fact and with certain conditions. ACTION REQUIRED The City Council may affirm this recommendation by adopting RESOLUTION NO. 2022-71 APPROVING THE PRELIMINARY AND FINAL PLAT OF B MARIE ADDITION AND THE CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1753 SUTTON LANE. This action requires a simple majority vote. Page 172 of 206 Tuesday, September 6, 2022 City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-71 RESOLUTION APPROVING A PRELIMINARY & FINAL PLAT (SUBDIVISION) OF B MARIE ADDITION AND CONDITIONAL USE PERMIT TO 1753 SUTTON LANE [PLANNING CASE NO. 2022-21] WHEREAS, Jeff Simek (the “Owner/Applicant”) applied for a new Preliminary and Final Subdivision plat to be titled “B MARIE ADDITION”, for the property located at 1875 Hunter Lane (the “Subject Property”), and which is legally described in attached Exhibit A: and WHEREAS, the Applicant is requesting to combine and re-plat three (3) parcels into one larger legal parcel, described and illustrated on the proposed Preliminary Plat and Final Plat of B MARIE ADDITION, and which are also attached as Exhibits B.1 and B.2, respectively, and WHEREAS, Title 11-1-1 of the City Code (Subdivision Regulations) allows the subdivision (or platting) of parcels, provided that the resulting lots are compliant with the requirements of the applicable zoning district; and WHEREAS, the Owner/Applicant also applied for a Conditional Use Permit (CUP) to construct a new 26’ x 38’ (988-sq. ft.) secondary detached garage structure on the Subject Property, all proposed under Planning Case No. 2022-21; and WHEREAS, on August 23, 2022 the Mendota Heights Planning Commission held a public hearing on both of these land use application matters at their regular meeting, and whereupon closing the hearing and follow-up discussion on this item, the Planning Commission recommended unanimously (6-0 vote) to approve the requested subdivision plat request and CUP on the Subject Property. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that the recommendation from the Planning Commission on Planning Case No. 2022-21 is hereby affirmed, and the proposed Preliminary and Final Plat of B MARIE ADDITION, along with the Conditional Use Permit approving the 26’ x 38’ secondary detached garage, all proposed under Planning Case No. 2022-21 and for the property located at 1753 Sutton Lane, may all be approved based on the following findings-of-fact: 1. The proposed plat is a necessary means of combining parcels situated in differing subdivisions into one larger and unified parcel (for tax purposes), and meets the general purpose and intent of the Subdivision Code. 2. The proposed plat meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. Page 173 of 206 Tuesday, September 6, 2022 City Council 3. All required easements will be dedicated under this plat for the benefit of the city, its agents and representatives, private and/or public utility service providers, along with state and county agencies as needed. 4. The proposed development and use of the 988-sq. ft. detached garage are considered a reasonable request, and consistent with the general standards and policies of the City Zoning Code. 5. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 6. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. 7. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the proposed Preliminary and Final Plat of B MARIE ADDITION, along with the Conditional Use Permit approving the secondary detached garage is hereby approved, with the following conditions: 1. The new detached garage must match the overall architecture and design of the existing residential dwelling on the subject property, and shall not exceed 988-sq. ft. in size (building area). 2. The proposed detached garage shall be constructed in compliance with all applicable City Code standards noted in Section 12-1D-3 Accessory Structures and Minnesota Building Code standards. 3. The applicant must obtain a building permit prior to any excavation or construction of said garage. 4. The applicant agrees to plant “Little Bluestem” (as per the recommendation of a master gardener) as the native grass variety generally identified on the submitted landscape plans 5. All grading and construction activities as part of the proposed development shall comply with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. Page 174 of 206 Tuesday, September 6, 2022 City Council Adopted by the City Council of the City of Mendota Heights this 6th day of September, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Page 175 of 206 Tuesday, September 6, 2022 City Council EXHIBIT A ADDRESS: 1753 Sutton Lane, Mendota Heights, MN 55118 PID Nos.: 27-70900-01-071 and 27-71102-01-032 and 27-71102-01-044 LEGAL DESCRIPTION: Lots 6 and 7, Block 1, SOMERSET NO. 2; along with the East Twenty-feet (20’) of Lot 3, Block 1, SOMERSET PARK NO. 3; along with the East Twenty-feet (20’) of Lot 4, Block 1, SOMERSET PARK NO. 3; all in Dakota County, Minnesota. Abstract Property Page 176 of 206 Tuesday, September 6, 2022 City Council EXHIBIT B.1 Page 177 of 206 Tuesday, September 6, 2022 City Council EXHIBIT B.2 Page 178 of 206 Tuesday, September 6, 2022 City Council EXHIBIT B.2 Page 179 of 206 Tuesday, September 6, 2022 City Council DATE: September 6, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator Kelly McCarthy, Police Chief Ryan Ruzek, P.E., Public Works Director SUBJECT: Police Department and City Hall Architectural Services Contract INTRODUCTION The City Council is asked to approve a contract with CNH Architects for the continued assessment and development of schematic plans for the expansion and renovation/remodeling of the city’s municipal campus which includes the police department and city hall offices. BACKGROUND The current City Hall and Police Department building was constructed in 1987 and has had minimal updates since. In September, 2020, the City Council approved a contract with CNH Architects to provide a detailed Police Department and City Hall Facility Needs Analysis. The goal of the analysis was to provide evidence-based recommendations that address the needs of the physical building as well as the operational needs of the Police Department, City Hall and citizens of Mendota Heights. Analysis results were presented during an April, 2021 City Council work session. The continuation of building plan development following the space needs analysis was put on hold due to the pandemic’s impact on the construction market as seen in product and labor cost increases. However, identified as part of the Council’s 2021-2022 strategic priorities and included in this year’s budget is funding for the development of shelf ready plans for the expansion and renovation/remodeling of the police department and city hall in anticipation that the construction market would begin to recover and normalize post-pandemic. RECOMMENDATION Staff recommends that the City Council approve a contract with CNH Architects for the continued assessment and development of schematic plans for the expansion and renovation/remodeling of the police department and city hall building. The identified work associated with the contract includes two parts: 9fPage 180 of 206 Tuesday, September 6, 2022 City Council Part One Includes: • A review and update of the space needs analysis and original project goals, noting any changes that have occurred over the last 18 months, particularly in the areas of new or emerging programs and services, staffing levels looking out three, five, ten and fifteen years, added safety and security, and the current use of space (i.e. parking, office and meeting space). • Responding to the city council’s feedback and comments received during the April, 2021 analysis discussion, the development of two concepts will be explored. One option will update the previous concept which included a police department addition and remodeling of both the Police and City Hall portions of the building. A second option will be developed showing a larger Police Department addition located on the top level of the current campus with a central entrance located on the west side of the city hall building and remodeling of city hall. • Review and discussion of the two concepts and preliminary costs estimates with the goal of selecting a preferred option to move forward with. Part Two Includes: • Development of detailed floor plans, site plan, exterior elevations and 3D renderings of the selected option. • Development of a detailed cost estimate and preliminary master budget detail. • Development of final schematic design phase plans. Both phases include meetings and presentations with city council and city staff. The following services are part of future phases of plan development and are not part of this contract: structural engineering plans, mechanical and electrical engineering plans, landscape architect design, design development, construction documents, bidding or construction administration phases. BUDGET IMPACT This is a budgeted expense. Included in the FY2022 Capital Improvement Plan and general fund- fund balance budget is $430,000 for the development of “shelf ready” building plans. CNH Architects has provided a proposal to perform the identified work, billed hourly for work performed, in the not to exceed amount of $68,200, plus reimbursable expenses (i.e. miscellaneous printing, postage, shipping, mileage). ACTION REQUESTED If the City Council concurs, it should by motion, approve the contract with CNH Architects for the continued assessment and development of schematic plans for the expansion and renovation/remodeling of the police department and city hall offices in the not to exceed proposal amount of $68,200, plus reimbursable expenses. Page 181 of 206 Tuesday, September 6, 2022 City Council DATE: TO: FROM: SUBJECT: APPLICANT: PLANNING STAFF REPORT August 23, 2022 Planning Commission Tim Benetti, Community Development Director Planning Case No. 2022-21 PRELIMINARY/FINAL PLAT and CONDITIONAL USE PERMIT Jeff Simek PROPERTY ADDRESS:1753 Sutton Lane ZONING/GUIDED: R-1 One-Family Residential/LR-Low Density Residential ACTION DEADLINE:December 1, 2022 (120-day Review Period) INTRODUCTION Mr. Jeff Simek is requesting consideration of a preliminary/final plat of three parcels to be titled “B Marie Addition”. As part of this platting, Mr. Simek is also requesting a conditional use permit to construct a new 26’ x 38’ detached garage. The property is located at 1753 Sutton Lane. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press newspaper; and notice letters of this hearing were mailed to all owners within 350-feet of the affected parcels. The city received no comments or objections on this item. BACKGROUND - INFORMATION Mr. Simek’s property contains a 2,323-sq. ft. single-story rambler dwelling, built in 1956, and currently has a 986-sf. three car attached garage (see image – below left). The property consists of three, separate tax i.d. parcels (see image – lower right). The main dwelling parcel consists of 0.69 acres of area and is legally defined as Lot 6 & 7, Block 1, Somerset No. 2 Addition. The two narrow parcels to the rear of the property were created by splitting off the back 20-feet of the adjacent lots – Lot 3 and Lot 4, Block 1 of Somerset Park No. 3 Addition, and these consists of approximately 0.06 and 0.04 acres, respectively. Page 182 of 206 Tuesday, September 6, 2022 City Council Planning Report: Case #2022-21 (Simek) Page 2 Mr. Simek initially approached city staff requesting permission to build a new 26’ x 38’ (988-sf.) detached garage on the larger property parcel, which requires a minimum of 0.75 acres or more for residential zoned lands. Since the main [dwelling] parcel only consisted of 0.69 acres, Mr. Simek was denied the opportunity to request the CUP at that time, unless he was able to combine all three of his owned parcels into one single parcel. Mr. Simek attempted to combine all three parcels into one single tax parcel, which is a common request made by homeowners wishing to do so, with Dakota County Assessor’s approval. Dakota County officials however, refused to accept the combination request, as the three parcels are legally established or within two different subdivision plats (Somerset No. 2 and Somerset Park No. 3). It is now county policy that when two (or more) separated parcels are requested to be combined for tax purposes, they must lie within the same plat or subdivision boundary. If not, the lot combination cannot take place unless the city approves a new plat; and only then will the county accept a new plat for recording, thereby recognizing the multiple parcels as one. This preliminary and final plat approval is more of a “house-keeping” item, which will help facilitate Mr. Simek’s goal of constructing a new detached garage on the newly combined parcels. All necessary and required drainage and utility easement are shown on the plat maps, and will be dedicated under the recording of the final plat. City staff does not have any concerns or issues with recommending approval of this simplified plat. CUP ANALYSIS Pursuant to City Code Title 12-1D-3: Accessory Structures, owners of larger, single family sized parcels are allowed to have an additional (or larger) detached private garage, either as a permitted (accessory) use or by conditional use permit, according to the following table: Lot Size Permitted Conditional Use Permit 0.75 acre or less Not allowed Not allowed >0.75 acre - 1.5 acres 750 sq. ft. 1,000 sq. ft. >1.5 acres - 2.5 acres 1,000 sq. ft. 1,200 sq. ft. >2.5 acres - 5.0 acres 1,500 sq. ft. 1,800 sq. ft. >5 acres 2,000 sq. ft. 2,400 sq. ft. As noted previously, the proposed platting of the three combined parcels would create a new unified parcel of 0.80 acres (per Applicant’s survey). As a result of this replatting, the Applicant can request a new detached garage up to 750-sf. garage as a permitted right (building permit), or a garage greater than 750-sf but not to exceed 1,000-sf. can be approved by means of conditional use permit (CUP). Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request, with the following standards to be taken into consideration: ƒ The proposed use will not be detrimental to the health, safety or general welfare of the community; ƒ will not cause serious traffic congestion nor hazards; ƒ will not seriously depreciate surrounding property value; and ƒ the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. The new garage proposed by the Applicant appears to be a very nice design; is intended to match with the appearance and architectural elements of the current home. The Applicant has indicated he is requesting to build the new detached garage to provide additional (interior) vehicle parking, storage for lawn mowers and other miscellaneous household equipment, and general storage. Page 183 of 206 Tuesday, September 6, 2022 City Council Planning Report: Case #2022-21 (Simek)Page 3 The garage is planned to be built at the end of the current driveway apron. There are no plans to increase or add any more driveway to the site. The new garage will have two, 9-ft. wide overhead doors on the front and one, 9-ft. door along the side wall (facing the rear yard); along with a side service door and two windows opening to be provided (see image – below). The garage will have either cedar or cement board siding – to match in color with the existing dwelling, and asphalt shingled roof. The proposed garage setback of 10-feet from the side yard and 30-ft. from rear yard meets Code. Although not required, the Applicant also provided a current impervious surface calculation of 5,885-sq. ft. or 17% or the enlarged (0.80 acre) parcel, versus the added/after development impervious area of 6,871-sq. ft. or 20.4% of impervious surface. The Applicant has provided a Landscape Plan, which shows the removal of four trees to accommodate the installation of this new garage: one 24” elm, a 20” locust’ and two pine trees (see tree images – below). The plan calls for the placement of a row of new hydrangea shrubs and native prairie grass bed along the south side of the garage, plus two (2) new crab fire crabapple trees in the back yard, and one red maple and lilac bush long he south(side) yard space. As demonstrated above, the proposed oversized garage on this larger parcel will have minimal or nominal impacts on lot coverage; or impervious surface coverage; nor should it impact any natural drainage along this side and rear yard areas. Page 184 of 206 Tuesday, September 6, 2022 City Council Planning Report: Case #2022-21 (Simek) Page 4 City staff has personally inspected the subject property and took note of its proposed layout on the lot and in relation to the surrounding properties. The new garage proposed by the Applicants appears to be a nice design, and should easily accommodate the needs of parking larger personal vehicles and storage desired by the homeowners. Staff further believes the new, larger garage will not be detrimental to the health, safety or general welfare of the neighborhood or the community; or cause any serious traffic congestion, hazards; or seriously depreciate surrounding property values. This proposed garage appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan; and the CUP to allow a larger, oversized garage can be reasonably supported due to the size and scale of this residential parcel. ALTERNATIVES 1. Recommend approval of the Preliminary/Final Plat of “B Marie Addition”, along with approval of the Conditional Use Permit to allow the oversized garage at 1753 Sutton Lane, both based on specific findings-of-fact and with certain conditions; or 2. Recommend denial of the Preliminary/Final Plat of “B Marie Addition” and the Conditional Use Permit to allow the oversized garage at 1753 Sutton Lane, based on specific findings-of-fact (as determined by the commission) and which support such a recommendation of denial on both applications; or 3. Table the request, and require city staff and/or the applicant to provide additional information as needed or requested, and extend the application review period (if needed) in compliance with MN STAT. 15.99. RECOMMENDATION Staff recommends the Planning Commission consider Alternative No. 1, approval of the Preliminary/Final Plat of “B Marie Addition”, along with the Conditional Use Permit to allow the oversized garage not to exceed 988- sq. ft. in area, and for the property located at 1753 Sutton Lane, based on the attached findings-of-fact and subject to the following conditions: 1. The new detached garage must match the overall architecture and design of the existing residential dwelling on the subject property, and shall not exceed 988-sq. ft. in size (building area). 2. The proposed detached garage shall be constructed in compliance with all applicable City Code standards noted in Section 12-1D-3 Accessory Structures and Minnesota Building Code standards. 3. The applicant must obtain a building permit prior to any excavation or construction of said garage. 4. All grading and construction activities as part of the proposed development shall comply with applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land Disturbance Guidance Document. Attachments - Applicant’s Narrative - Survey – 1753 Sutton Lane - Preliminary/Final Plat of B Marie Addition - Site and Grading Plan - Erosion Control Plan - Landscape Plan - New Garage Elevation Plans Page 185 of 206 Tuesday, September 6, 2022 City Council Planning Report: Case #2022-21 (Simek) Page 5 FINDINGS OF FACT FOR APPROVAL Preliminary/Final Plat of “B Marie Addition” and Conditional Use Permit for Oversized Detached Garage 1753 Sutton Lane The following Findings of Fact are made in support of approval of the proposed request: 1. The proposed plat is a necessary means of combining parcels situated in differing subdivisions into one larger and unified parcel (for tax purposes), and meets the general purpose and intent of the Subdivision Code. 2. The proposed plat meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 3. All required easements will be dedicated under this plat for the benefit of the city, its agents and representatives, private and/or public utility service providers, along with state and county agencies as needed. 4. The proposed development and use of the 988-sq. ft. detached garage are considered a reasonable request, and consistent with the general standards and policies of the City Zoning Code. 5. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the comprehensive plan. 6. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. 7. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. Page 186 of 206 Tuesday, September 6, 2022 City Council NARRATIVE - J. SIMEK Page 187 of 206 Tuesday, September 6, 2022 City Council 8/18/22, 8:44 AM Dakota County GIS gis.co.dakota.mn.us/DCGIS/1/1 1753 Sutton Lane Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal,survey,yy or for zoning verification. Map Scale 1 inch =50 feet 8/18/2022 Page 188 of 206 Tuesday, September 6, 2022 City Council Page 189 of 206 Tuesday, September 6, 2022 City Council Page 190 of 206 Tuesday, September 6, 2022 City Council Page 191 of 206 Tuesday, September 6, 2022 City Council Page 192 of 206 Tuesday, September 6, 2022 City Council Page 193 of 206 Tuesday, September 6, 2022 City Council Page 194 of 206 Tuesday, September 6, 2022 City Council Page 195 of 206 Tuesday, September 6, 2022 City Council Page 196 of 206 Tuesday, September 6, 2022 City Council Page 197 of 206 Tuesday, September 6, 2022 City Council Page 198 of 206 Tuesday, September 6, 2022 City Council  "...    *.Y)‹9‹   +!(..   %.&),..... '- ..            ɲńɜɳŒɕɋ“Ȭʂ ɴ»Éȏʂ        . ɝɞʂàʂ    ȝ,DžɌÒʂɍƛƲrȈƯƿʂǀǦȞțĿňʂĽrŎĶDŽʂ cǻLjkƢŦʂū } cɟùôğʂ ĒVʂŝǑžʂŀȡȩDZŶ } ʂ ȫEŰDzǷķʂǾɠȢʂ ǂtʂ ƹ"ʂ şy"ʂ pŖʂ =DǴǿɡ&:ʂ Ʃʂ ȷSʂŅ ƣŘɒʂ Ǹ;ƗƎɢĆáʂ F0¼ʂ Šǔ8ʂʼnp<ɖʂ 1 ŭɣĭ:Uʂ 0Çʂ evʂ u NJƏʂEŷ Ǭ ʂ ǭEe<†ĈaƁƉʂdž½ʂšǕʂ Ɛ Njʂ 'œħʂ \ĂK]\ĢʂŽVŸʂŢyʂ 2ʂ9¾Ġ9ʂ ' ʂ ƳD njũʂ sǵ H ʂ HƻŚŏ†!tƞÈȧ™T!úûēĉ`šʂÑʂY×ØʂɤîĞPƋʂ       ǒ ǍĹoʂǼj ǓŸƤfʂűƜ1sȄA H ʂ |ƾ;<JĊ&&Ɔʂ 0¿ʂȸ#ʂƴ Ƹ Őƪʂ ȓ©DŪɥʂ Ȏʂ 0#ʂ ţǖʂ u ǚɎʂ 1 F=ʂkŔj Ǯ Jʂ ]ĔĜâʂ„ȽÀʂťʂ Ƒ ǎʂ;Ĩʂ Ƅɱ^ü:ʂ„ɂÁʂ Ťʂ 2ʂɃ"ȖȾʂb ʂ {ǏĻoʂ2  F=ʂ Ƶŕ v'fʂƒɵ2Ƕư ʂɊśŒJ!^&ĝã›T!ýþ ĕċ`œʂȐʂä9ʂ ɦZUP¹ʂ #        .. . .   Ʌɘʂņʂ ,ʂ  wʂ Ǣ ʂ ʂ ȿʂ ”ʂ ʂ ʂ  ʂ ǧiʂ q(ʂ  7¡ʂ ‹L,&V6C>‹ ‹TCZ@M56E‹ ‹I!?1-‹ ‹ Š‹ c‹ M.&W6C@‹ ‹ UCZ@M47E‹‹ J"A2/‹ :‹ ‹  åʂˆʂ õæČčÂʂ ɉȘģəăWɧɈɀ……ɔʂ ªOÃʂ«¬ ĤÄĄXʂĎÙʂ ʂ Åʂ ďçÚ#%ʂ ‡#ʂȊʂ ɨɩʂ ȋʂ ‡ʂˆʂ ­Qɪʂ5¢£ʂÆɫʂ®8ʂRʂ                    ƫʂ 3 ʂ Xöʂ Ų gʂ  ƥʂ Cnʂ wʂǗhʂ ?ʂ  ʂ .ʂ W_%_%ʂ ʂʂ Sʂ ȗʂ   ʂlʂ  ʂ)ʂ Ȇ>5ʂ ‚C¤ʂ ʂ /ʂ ʂ Rʂ      èÛÔʂ   IJʂ İʂɆ$ʂ$ʂ $ʂ$ʂ §ʂ 3fh‹ .OŃ bŮƟ'ƍīʂ {1ʂɄɇʂƮƝŬʂřŗĸǥ ɮaʑZêʂ LJ|ōʂ     iX‹   ɯɰʂƅʂ  . Țɚɛʂ             ęÞʂ $   (ʂ €Õżŧʂ ʂ.~ǣʂ Ȍ¨ȍǝʂ €ųGA*ʂ * ʂ ʂ ɶʂ  Ǟʂ ƶʂ ʂ .4ʂ Mǽ ʂCʂ ʂ    ¯ 3 ʂ ʂ Ŵ+ʂ - Ǥʂ L¥ʂM ǟʂ +ʂ +ʂ /mʂ 6ɬN ʂIǠʂ lʂ ʂ  ~ž ʂ °ɭNʂ ,Ȁʂ I ʂ ʂ 4 ʂ Lɷ± ʂ  ʂ  ʂ· zʂ @²nʂ Ş  ʂ 6ij6 ʂ ʂ ) ʂ ß  ʂ *ȁʂ ?ʂ ˜ʂ ʂ   ʂ ?/ ʂ ĵʂ  ʂ  ʂ ʂ h/ʂ ɸʂ ǡʂ-Gʂ ʂ gʂ ɗʂ ʂxʂ -ʂ @ʂ ǹʂ z(ʂ 3 ʂ ǰ4 ʂ ƃʂ  Ƨ ʂ*ʂ Ǜʂ ƀʂ dʂ(Ɩ> ŵ ʂ ʂ –ʂ ŋdƬ3>ʂǨŽƒǙʂƓʂ ¸8ʂ ǜʂ 4@őĺʂAƔŹȃʂI,ʂ ıʂ xʂ Ŝmʂ iȂǐʂ  +_sv‚`‹ F}z|wa^‹Nleƒ‹ 0at\a‹ x~‹ %dy‹Kzmn‹ ɹʂ  ƭ ʂ   G ʂ ǩ) ʂ Łʂ șʂ ł+ĩʂ ƌʂ Ǫ‚ʂ - ʂ ³ÿʂ —éĥĖʂ Ƈƈǘ ʂ ʂ .ʂĪʂ Ā%KėāĦʂ qʂ)"ʂ ʂ ÜÝʂ  ʂ )      )%!) $)& () "'$) ) #$) &) #$)  ) )   )                     (Q„‹ =†‹;jp€‰…‹Og]‹ ko‹S‡ˆ{u‹<‹ ȮȪɑȺȔɁȇȑʂůƚ5ʂƠƦʂǃĐïðġʂ ƙʂļƨʂ ƕľBŌʂ ǁǫƽdzȅſBŨʂ ŻBŇÊʂ ‹ȶÖȤĴȨĬźǺƺʂ   ŠʂƷȥɓÌʂƂʂljȦøʂ   ’ȉËʂƊȯíóȟɐȳȼƘQŊǯʂ ƱȠȻƒʂȕȒɏɺʂ ɻɼ•‰ɽɾįºɿĮʂ ë7Yđ7[[ʂ ȣòȹñ¦ÍʂÏʂȵơȱȴȭȲȰʂ   ƼȜʂ Óʀʂ P $ G r[b‹   ‹ Îʂě¶ʁ÷ʂ ´ÐʂµìĚćąʂ  Rq‹‹*#D8B'‹H‹  /$1'6&$3(3/$16,0(. 6$'',7,21 Page 199 of 206 Tuesday, September 6, 2022 City Council D) PLANNING CASE 2022-21 JEFF SIMEK, 1753 SUTTON LANE – PRELIMINARY/FINAL PLAT AND CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Jeff Simek is requesting consideration of a preliminary/final plat of three parcels to be titled “B Marie Addition”. As part of this platting, Mr. Simek is also requesting a conditional use permit to construct a new 26’ x 38’ detached garage. The property is located at 1753 Sutton Lane. Hearing notices were published and 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. Acting Chair Lorberbaum asked if the structure would be called a garage or accessory structure. Community Development Director Tim Benetti replied that the terms are interchangeable. Commissioner Petschel asked if a dedication fee would be required for a plat. Community Development Director Tim Benetti replied that in this case, the lots were originally platted in the separate developments and therefore park dedication was already paid by each unit. He stated that this would not create a new lot and would simply be combination of lots. Commissioner Johnson asked if the drainage from the new garage would impact the adjacent home. Community Development Director Tim Benetti replied that there would be a ten-foot side yard setback and the adjacent property would not be impacted. Commissioner Johnson referenced the mention of native grasses and asked for a more detailed explanation. Acting Chair Lorberbaum opened the public hearing. Jeff Simek, applicant, stated that it was always his hope to build a second garage and believes that this setup fits well on the property. He stated that he has spoken with his neighbors to answer any questions. He provided details on the native grasses proposed and other landscaping elements. Commissioner Johnson commented that there are differences between decorative and native grasses and asked that the details be included prior to the City Council meeting. Page 200 of 206 Tuesday, September 6, 2022 City Council Public Works Director Ryan Ruzek provided details on his conversations with a neighboring property owner that did not oppose the project after finding out more details. Seeing no one further coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER PETSCHEL TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE PRELIMINARY/FINAL PLAT OF “B MARIE ADDITION” ALONG WITH THE CONDITIONAL USE PERMIT TO ALLOW THE OVERSIZED GARAGE NOT TO EXCEED 988 SQUARE FEET IN AREA, AND FOR THE PROPERTY LOCATED AT 1753 SUTTON LANE, BASED ON THE FINDINGS OF FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE NEW DETACHED GARAGE MUST MATCH THE OVERALL ARCHITECTURE AND DESIGN OF THE EXISTING RESIDENTIAL DWELLING ON THE SUBJECT PROPERTY AND SHALL NOT EXCEED 988 SQUARE FEET IN SIZE (BUILDING AREA). 2. THE PROPOSED DETACHED GARAGE SHALL BE CONSTRUCTED IN COMPLIANCE WITH ALL APPLICABLE CITY CODE STANDARDS NOTED IN SECTION 12-1D-3 ACCESSORY STRUCTURES AND MINNESOTA BUILDING CODE STANDARDS. 3. THE APPLICANT MUST OBTAIN A BUILDING PERMIT PRIOR TO ANY EXCAVATION OR CONSTRUCTION OS SAID GARAGE. 4. ALL GRADING AND CONSTRUCTION ACTIVITIES AS PART OF THE PROPOSED DEVELOPMENT SHALL COMPLY WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE GUIDANCE DOCUMENT. 5. THE NATIVE GRASS SPECIES SHALL BE SPECIFIED. AYES: 6 NAYS: 0 Acting Chair Lorberbaum advised that the City Council would consider this application at its September 6, 2022 meeting. Page 201 of 206 Tuesday, September 6, 2022 City Council New/Unfinished Business Community Development Director Tim Benetti provided an update on projects recently approved by the City Council that had recommendations from the Planning Commission. He also noted the workshop occurring the following night. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 9:34 P.M. AYES: 6 NAYS: 0 Page 202 of 206 Tuesday, September 6, 2022 City Council Request for City Council Action DATE: September 6, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Award of a Professional Services Contract for the Victoria Curve and Emerson Avenue Street Improvements. INTRODUCTION The Council is asked to award a contract for the design, surveying and construction services for the Victoria Curve Street Improvement Project and Emerson Avenue Street Improvement Project. BACKGROUND The Victoria Curve and Emerson Avenue Street Improvements have been identified in the 2022- 2026 Capital Improvement Plan (CIP). These streets currently have failing bituminous surfaces and are in need of repair. Victoria Curve – This project proposes to reconstruct Victoria Curve from Lexington Avenue to Highway 13. Potential improvements include adding a parking lane in front of city hall and Beth Jacob due to events and athletic uses, extending an off street trail from Hunter Lane to Highway 13, and constructing a retaining wall along Glenhill Road. This project also proposes a reclamation and pavement replacement of Orchard Hill. Emerson Avenue Street Improvements – This project proposes to rehabilitate Emerson Avenue, Ivy Falls Court, Ivy Hill Drive, Laura Court, Laura Street, Maple Park Drive, Sylvandale Court, Sylvandale Court South, and Sylvandale Road. Emerson Avenue and Sylvandale Road has a high number of pedestrian use. A proposed improvement will be further studied but may include on street striping and reduced on street parking. Treatment methods and improvements will be further identified in the feasibility process. DISCUSSION Staff developed a Request for Proposals (RFP) on the project and invited four firms to submit proposals. Four firms submitted quotes for this project. The consultants submitted proposals for each neighborhood individually and also as a combined service for both projects. Staff is proposing that the combined proposals should be awarded at least through the feasibility stage. Once project scope and costs are refined, the city can determine if both are feasible to be constructed as one project. 9gPage 203 of 206 Tuesday, September 6, 2022 City Council Consultant Victoria Crv Emerson Ave Combined Total Hour Fee/Hour TKDA $175,648 $140,612 $296,260 2183 $135.71 S.E.H. $177,936 $145,400 $258,669 1901 $136.07 WSB $169,635 $162,815 $214,665 1501 $143.01 Bolton & Menk $146,469 $107,172 $231,714 1541 $150.37 The combined project fees can see savings by combining into a single report, one set of plans, and overlapping public meetings. All firms submitted thorough and complete proposals and each addressed concerns and gave ideas on proceeding with the project. Staff would be comfortable awarding the project to any of the firms but is recommending TKDA based on the lower fee per hour cost of their proposal. Staff would be concerned that the other consultant contracts would require a change order increase in hours. BUDGET IMPACT The proposed contract price of $296,620 will be charged to the project. The CIP identifies construction costs of $1,325,000 for the Emerson Avenue Project and $1,700,000 for the Victoria Curve Improvements. The costs will be refined during the feasibility process. The project is proposed to be funded by through the use of ARPA funds, special assessments, municipal bonds, municipal state aid, and utility funds. RECOMMENDATION Staff recommends that council accept the proposal from TKDA for the proposed not-to-exceed price of $296,260. Adding additional scoping to the project would require an amendment to the contract. ACTION REQUIRED If Council wishes to enact the staff recommendation, it should, pass a motion authorizing staff to enter in to a contract with TKDA from St. Paul, Minnesota. This action requires a simple majority vote. Page 204 of 206 Tuesday, September 6, 2022 City Council HWY 62D S T 4TH S T LEXINGTON AVEHUNTER LNCENTRE P O I N T E C U R E S T G ST SIBLEY M E M O RI AL H W Y F S T VICTORIA CUR ORCHARD P L C ST3RD ST HWY 5 5 AVANTI DR 2ND ST TWIN CIRCLE DRVICTORIA RD MARIE AVE W CULLIGAN LN HWY 1 3 GLENHILL RDVAIL DR FARO LNDAKOTA DRP RIVATE RD ORCHARD HL MARY A D E L E A V E CENTRE P OINTE BLVD HUNTER CT VERONICA LN ORCHARD CIRBWANA CT WEST CIRCLE CT WINDY RIDGE P LHWY 62HWY 13 HWY 5 5 2ND ST HWY 6 2 This im age ry is c opyrighte d and lic e ns e d by Ne arm ap US Inc , whic h re tains owne rs hip of the im age ry. It is be ing provid e d by Dakota County und e r the te rm s ofthat lic e ns e . Und e r that lic e ns e , Dakota County is allowe d to provid e ac c e s s to the “Offline Copy Ad d -On for Gove rnm e nt”, on whic h this im age s e rvic e s isbas e d , at 6-inc h re s olution, s ix m onths afte r the c apture d ate , provid e d the us e r ac knowle d ge s that the im age ry will be us e d in the ir norm al c ours e of bus ine s sand m us t not be re s old or d is tribute d for the purpos e of d ire c t c om m e rc ial be ne fit or gain. By ac c e s s ing this im age ry, the us e r ac knowle d ge s the s e te rm s andaffirm s c om plianc e . https ://gis im g.c o.d akota.m n.us /m rs id /bas e _ ae rialphotography_ 2020_ s prg/Ne arm ap_ DakotaCounty_ SIGNED.pd f Exhibit A - Street Location Map City ofMe nd otaHe ightsDate : 8/9/2022 P ave m e nt Re c lam ation (Typ.) Trail Re habilitation (Typ.) Trail Cons truc tion Re c lam ation (Typ.) Ad d P arking Lane Re taining Wall Cons t. Page 205 of 206 Tuesday, September 6, 2022 City Council DODD RDSIBLEY MEMORIAL HWYSYLVAND A L E R D LAURA STBUT L E R A V E WACHT LER AVE IVY HILL DR DORSET RD EMERSON AVE ST APLES AVE MEDORA RDMEARS AV E SOMERSET RD IVY FALLS AVE COLESHIRE LNWOODRIDGE DRSUNSET LN KNOLLWOOD LNSPRING STHINGHAM C IR MAPLE PARK DR BROOKSIDE LNARCADIA DRLILYDALE RDCLEMENT STCASCADE LN BEE B E A V E CHERRY HILL RD LAURA CT MAPLE PARK CT SYLVAND A L E C T MEDORA CT SYLVANDALE CT S KNOL LWOOD LN EMERSON AVE T h is im ag ery is copyrig h ted and licensed by Nearm ap US Inc, w h ich retains ow nersh ip of th e im ag ery. It is being provid ed by Dak ota County und er th e term s ofth at license. Und er th at license, Dak ota County is allow ed to provid e access to th e “Offline Copy Ad d -On for Governm ent”, on w h ich th is im ag e services isbased , at 6-inch resolution, six m onth s after th e capture d ate, provid ed th e user ack now led g es th at th e im ag ery w ill be used in th eir norm al course of businessand m ust not be resold or d istributed for th e purpose of d irect com m ercial benefit or g ain. By accessing th is im ag ery, th e user ack now led g es th ese term s andaffirm s com pliance. h ttps://g isim g .co.d ak ota.m n.us/m rsid /base_aerialph otog raph y_2020_sprg /Nearm ap_Dak otaCounty_SIGNED.pd f Exhibit A - Street Rehabilitation City ofMend otaHeig h tsDate: 7/18/2022 Pavem ent Reclam ation (T yp.) Page 206 of 206 Tuesday, September 6, 2022 City Council