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2024 07 02 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA inutes of the Regular Meeting Held Tuesday, July 2, 2024 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, 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 PUBLIC COMMENTS No one from the public wished to be heazd. CK�]►iy�1►i11[�7:\��l�ltt7:�:7 Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented. a. Approval of June 18, 2024, City Council Minutes b. Approval of June 185 20245 Council Work Session Minutes c. Acknowledge Minutes from the May 28, 2024, Planning Commission Meeting d. Resolution 2024-35 Authorizing an Application for the Community Roadside Landscape Partnership Program e. Resolution 2024-36 Accepting a Donation for Body Armor for the Police Department f. Resolution 2024-37 Approving an Amendment to Joint Powers Agreement with the Criminal Justice Network (CJN) g. Approve Police Captain Out of State Travel Request h. Accept Police Officer Resignation and Authorize Posting i. Approval of May 2024 Treasurer's Report j. Approval of Claims List Councilor Mazzitell0 seconded the motion. Ayes: 4 Nays: 0 PRESENTATIONS No items scheduled. A) RESOLUTION 2024-34 EASEMENT VACATION FOR SPRINGMAN ADDITION Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2024-23, a public hearing on an easement vacation commenced by petition within the Somerset View plat. Councilor Miller moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello moved to approve RESOLUTION NO. 2024-34 APPROVING AN EASEMENT VACATION COMMENCED BY PETITION. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2024-39 APPROVING A PRELIMINARY AND FINAL PLAT OF SPRINGMAN ADDITION (PLANNING CASE NO. 2024-10) Community Development Manager Sarah Madden explained that the Council was being asked to consider adoption of Resolution 2024-39 approving a Preliminary and Final Plat of a four -lot residential subdivision to be known as Springman Addition located at 1170 Dodd Road and 8 Beebe Avenue. Councilor Mazzitello referenced the 38-foot access requested to be maintained to Dodd Road for the property at 8 Beebe Road, which would provide the property with two access points. He stated that if that property were to split, the portion accessing from Dodd Road would be a flag lot. He asked if, rather than July 2, 2024 Mendota Heights Ciry Council Page 2 of 7 the easement, access could be provided between the two property owners rather than a City permitted access. Community Development Manager Sarah Madden commented that the existing property owner desired this and expressed that they wish they would have done that as part of their last lot line adjustment rather than waiting for this purchase agreement. She stated that while there may be an ability for a property to have two access points, this would not be considered an access for a new buildable lot and is mentioned as such in the staff report. Councilor Lorberbaum commented that as a former member of the Planning Commission, there were many instances where a request comes forward for a variance because of an odd lot configuration. She stated that she could see this happening in the future and therefore appreciated the documentation of staff on why this 38400t strip exists. Steve Norton, applicant, commented that the driveway access that exists for 8 Beebe does not go back to the garden lot, which is why the 38-foot access is desired to be maintained. He confirmed that is an easement between the two property owners and not a City approved access. Henry Holec, 8 Beebe, commented that the property being discussed has a large drop from his main property to the garden area. He commented that he owns the garden area, but it is shared by the neighborhood, and they raise food to donate to food shelves, explaining that they typically donate 7,000 pounds of produce in a season. He stated that they have invested in the soil for the garden and the only flat, level access is through 1160/1170 shared access which terminates in a paved parking area. He stated that there would still be a narrow access into the garden. He noted that if the access were to come from his property, there would be a large incline which would be too steep to haul things down. Councilor Mazzitello asked if this agreement has existed for many years. Mr. Holec confirmed that this shared access has existed since the 1960s. Councilor Miller moved to approve RESOLUTION NO. 2024-39 APPROVING THE PRELIMINARY AND FINAL PLAT OF SPRINGMAN ADDTTION LOCATED AT 1170 DODD ROAD AND 8 BEEBE AVENUE (PLANNING CASE NO. 2024-10), WITH AN ADDED CONDITION NINE TO STATE, "THE 38-FOOT-WIDE LOT REQUESTED TO BE USED FOR ACCESS TO THE REAR OF THE PROPERTY AT 8 BEEBE IS ESTABLISHED AS A PRIVATE EASEMENT BETWEEN THE OWNERS OF 8 BEEEBE AND 1160 DODD ROAD AND IS NOT TO BE CONSIDERED AS ACCESS FOR FUTURE DEVELOPMENT". Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2024-40 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A FENCE GREATER THAN 6 FEET IN HEIGHT AT 1270 NORTHLAND DRIVE (PLANNING CASE NO. 2024-11) July 2, 2024 Mendota Heights City Council Page 3 of 7 Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider adoption of Resolution 202440 approving a Conditional Use Permit (CUP) to allow the construction of a fence greater than six feet in height at 1270 Northland Drive. Councilor Lorberbaum asked if there is a maximum height allowed for fences. Community Development Manager Sarah Madden commented that there is not a maximum height listed in the zoning regulations and noted that it does specifically state that a fence can be above six feet in this zoning district through a CUP. Dennis Meadows, applicant, stated that this amenity has assisted in securing a large tenant to the space. He stated that a six-foot fence would not prevent the ball from leaving the court, whereas ten feet is the typical height for a pickleball court. He noted that they would have signage stating that the court is private, and they would have key card access for their tenants. Councilor Miller appreciated the outside of the box thinking in how to create opportunities for new users to come into the space. Councilor Lorberbaum moved to adopt RESOLUTION NO.2024-40 APPROVING A CONDITIONAL USE PERMIT TO ALLOW A FENCE GREATER THAN 6-FEET IN HEIGHT AT THE PROPERTY LOCATED AT 1270 NORTHLAND DRIVE (PLANNING CASE 2024-11), Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine acknowledged the goal of the City to revitalize the office park and appreciated the effort of the property owner to think of a creative way to bring new tenants into the space. Ayes: 4 Nays: 0 C) RESOLUTION 2024-41 APPROVING A VARIANCE TO ALLOW NEW ACCESSORY STRUCTURES AT 949 MENDOTA HEIGHTS ROAD (PLANNING CASE N0.2024-12) Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider adoption of Resolution 2024-41 approving a Variance to allow new accessory structures on the St. Thomas Academy campus property located at 949 Mendota Heights Road. Councilor Mazzitello commented that the City is currently working on updates to the zoning code to allow school uses in the residential zoning district certain permissions. He asked if the variance would still be needed after that zoning update is complete or whether this would have been a request for a Conditional Use Permit (CUP). Community Development Manager Sarah Madden replied that when reviewed against the draft updates, some components would have qualified while the height may still have required a variance. Councilor Mazzitello acknowledged that the City is working to make the process easier for schools within residential zones. July 2, 2024 Mendota Heights City Council Page 4 of 7 Councilor Mazzitello moved to adopt RESOLUTION NO. 2024=41 APPROVING VARIANCES TO ALLOW THE CONSTRUCTION OF NEW ACCESSORY STRUCTURES, ALL PART OF ST. THOMAS ACADEMY'S BASEBALL FIELD IMPROVEMENTS LOCATED AT 949 MENDOTA HEIGHTS ROAD (PLANNING CASE 2024-12). Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 D) RESOLUTION 2024-38 APPROVING A PRELIMINARY AND FINAL PLAT OF MCMILLAN ESTATES (PLANNING CASE NO. 2024-01) Community Development Manager Sarah Madden provided the background on this item. The Council was being asked to consider adoption of Resolution 2024-38 approving a Preliminary and Final Plat of a three -lot residential subdivision to be known as McMillan Estates located at 1707 Delaware Avenue and two vacant parcels owned in common and generally located at the north end of Ridgewood Drive. She stated that the applicant agreed to an extension of the review period, to August 21, 2024, and is requesting that the item be tabled to allow them the ability to request quotes related to the installation of the cul-de- sac. Spencer McMillan, applicant, commented that this has been a long process and they have worked diligently with staff to meet City Code. He stated that they reviewed a number of different iterations for the 16 acres, but noted the challenge in that there is only 60 feet of frontage on Ridgewood Drive for the entire area, which is below the required frontage for even one lot. He stated that they reviewed alternative options for access off Delaware Avenue but under any scenario there is not enough frontage for future subdivision, which is required by City Code. He stated that it would seem that the only option to subdivide would be to create new frontage, which would be done through the creation of a cul-de-sac. He stated that it was never their intention to have a cul-de-sac, nor did he believe that the neighboring property owners want a cul-de-sac. He stated that he reached out to a company to obtain a rough estimate on a cul- de-sac and was given an estimate of $750,000, which makes it prohibitively expensive to create one extra lot. He noted that a cul-de-sac would also impact the adjacent wetlands. He stated that in order to recoup the cost of a cul-de-sac, there would need to be more lots. He commented that it would not be feasible to build a cul-de-sac for the desired use of the lot, to have a home. He stated that if the cul-de-sac were required, he would most likely sell the properties to a developer as there could then be seven buildable lots. He stated that his desire is to dedicate the cul-de-sac which would provide the frontage for them to use the lot as they desire. He asked the Council that he not be required to construct the cul-de-sac which would allow him to build his home and one additional lot as an interim step, noting that future subdivision could occur on the larger lot and the cul-de-sac would be triggered at that time. He provided details on his timeline, noting that he would sell the other lot and then would not plan to build his home on the larger lot for about ten years. He believed that this could be a step towards developing on a small scale without fully developing on a larger scale. He believed the biggest concern of the neighbors is lot three as neighbors do not want a home near them. He commented that it will still be a private home with vegetation and did not believe that would cause issues. He noted that the alternative would be seven lots, one of which still being lot three, and did not believe the neighbors would like that better. Mayor Levine commented that she believed the request from the applicant was to table the request. July 2, 2024 Mendota Heights Ciry Council Page 5 of 7 Mr. McMillan acknowledged that he requested a preliminary quote on the cul-de-sac, which he provided in his statement. He stated that in speaking to staff, the consensus was that he would have to construct the cul-de-sac and therefore he would like to complete due diligence with a more formalized quote to make an informed decision, Mayor Levine stated that if the Council were going to table the item, she would prefer to hold off on discussion until the future meeting when the item would be considered, or the Council could choose not to table this and vote tonight. Mr. McMillan commented that if the Council is open to not requiring construction of the cul-de-sac, he would be okay with the Council voting tonight. Councilor Mazzitello moved to TABLE ITEM 9D TO THE AUGUST 7, 2024 CITY COUNCIL MEETING. Mayor Levine seconded the motion. Further discussion: Councilor Mazzitello commented that this is a bizarre application and nothing he has seen before, therefore he believes that they owe it to the applicant to provide them with an application that would be compliant with meeting Code requirements, the Comprehensive Plan, and general way of doing business. He commented that a lot must front on a public street, which is defined as a transportation facility. He commented that if the standard were to plat cul-de-sacs, there would be many undeveloped cul-de-sacs in the community. He believed that it would only be fair to allow the applicant the time to complete his due diligence to provide the Council with as much information as possible. Mayor Levine commented that when an applicant requests more time, she is inclined to grant it. Councilor Lorberbaum commented that while she agrees with both the statements made, postponing this would not provide the opportunity for another public hearing. Mayor Levine clazified that there was not a public hearing tonight either as that was held at the Planning Commission. She stated that the Council does generally still accept public comments at its meeting, even though it is not a public hearing. Councilor Miller agreed that it is pragmatic for both sides to have additional time to digest this as this is a very unique case. He commented that he has never seen a cul-de-sac into another cul-de-sac in his life. Public Works Director Ryan Ruzek commented that the existing cul-de-sac would be removed and fumed into a straight roadway. Councilor Miller commented that he appreciates the additional time for everyone to review this request. Ayes: 4 Nays: 0 Jaly 2, 2024 Mendota Heights City Council Page 6 of 7 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Lorberbaum commented that the City has received a lot of compliments on its staff recently, and thanked staff for the quality of work they perform. She stated that about 18 months ago the City changed the way it completes inspections. She stated that she recently built a deck and had a great experience with that inspection company. She thanked all members of Boards and Commissions who volunteer their time to enhance their community. She wished people a safe and meaningful Fourth of July. She commented on the upcoming Primary Election on August 13'h, noting that while the City does not have anything in the Primary, the City will have elections for Mayor and Council in November. She commented that there will be people elected in the Primary for other positions and provided an overview of those offices. Councilor Miller commented that former City Administrator Mazk McNeil is a great guitarist and encouraged residents to go watch that show. He wished everyone a safe and plentiful Fourth of July, encouraging people to be safe with fireworks. He directed staff to provide an update on the status of the old bonfire site at an upcoming meeting. Councilor Mazzitello commented that this will be the 238'h anniversary of the U.S. declazing its independence on July 4'h. He commented on his recent experience in the Black Hills of South Dakota and why those four people were chosen to be represented on the monument. He encouraged people to reflect on the sacrifices that those before have given. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:32 p.m. v Step anie B. Levine Mayor ATTEST: N cy Ba r Ci Clerk July 2, 2024 Mendota Heights Ciry Council Page 7 of 7