2012-08-28 Planning Comm MinutesPlanning Commission Minutes
August 28, 2012
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
August 28, 2012
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, August 28, 2012, in the
Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Norton, Commissioners Field, Hennes, Magnuson, Noonan,
Roston, and Viksnins. Those absent: None. Those present were Assistant to the City Administrator Jake Sedlacek,
Public Works Director /City Engineer Mazzitello, and NAC Planner Stephen Grittman. Minutes were recorded by
Heidi Guenther.
Approval of 4zenda
The agenda was approved as submitted.
Approval ofJuly 24, 2012, Minutes
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER VIKSNINS, TO APPROVE
THE MINUTES OF JULY 24, 2012, AS PRESENTED.
AYES: 7
NAYS: 0
Hearin-as
PLANNING CASE #2012 -13
City of Mendota Heights
Zoning Amendment pertaining to new Property Maintenance Code for Commercial/Industrial Properties
Planner Stephen Grittman presented the request of the City for approval of a zoning amendment pertaining to a new
property maintenance code for commercial /industrial properties.
Mr. Grittman noted that at the July meeting, the Planning Commission discussed the Commercial /Industrial Property
Maintenance Code, and it was noted that a number of commissioners had comments that would be useful to build
into the draft for further discussion. The zoning amendment before the commission this evening incorporated
comments from Commissioners Noonan and Magnuson. The proposed changes were primarily clarifications based
on the common concern that the language was overly broad. He reviewed the language changes in detail.
Mr. Grittman presented staffs analysis reviewed the language changes with the commission. Staff had no further
recommendations on the code at this time.
Commissioner Magnuson thanked staff for the addressing the proposed language changes. She questioned if it was
necessary to create new code when the public nuisance code addressed many of the concerns. Mr. Grittman stated
the enforcement abatement code currently addressed nuisances. The new code would provide an alternative remedy
for specific conditions.
Commissioner Roston expressed concerns that the code could put neighbor against neighbor. He questioned how
noxious weeds versus natural plantings would be handled by the city. Mr. Grittman envisioned city staff would use
their discretion in viewing natural landscapes as opposed to unkempt property.
The commission asked for clarification on specific language, making two minor edits to the code as presented.
Planning Commission Minutes
August 28, 2012
Chair Norton opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Norton asked for a motion to close the public hearing.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER FIELD, TO CLOSE THE
PUBLIC HEARING.
AYES 7
NAYS 0
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND APPROVAL OF THE COMMERCIAL/INDUSTRIAL PROPERTY MAINTENANCE
CODE AS REQUESTED BASED ON THE FINDINGS OF FACT DETAILED IN THE STAFF REPORT
AS AMENDED.
Commissioner Hennes questioned the need for this ordinance.
Commissioner Roston agreed stating this code may create a solution for a problem that does not exist. He indicated
that City Hall would be in violation of the code, if it were applied to city properties. He explained there were other
ordinances in place to address these nuisances concerns.
Commissioner Viksnins supported the code. While few properties in the city have had problems in the past, the
proposed code could be a useful tool. He noted the city has listened to the business communities concerns and their
comments were considered in the code.
Commissioner Noonan agreed stating the city has had a residential property maintenance ordinance for several years
and shared his opinion that it has not led to an uprising of neighbor against neighbor situations. Commissioner
Noonan felt that property maintenance codes were a useful tool to protect property value
Commissioner Magnuson stated she has received calls supporting both sides of the matter. She was pleased with the
revisions made to the document and indicated it made sense to have the document in place to address any concerns
that may arise in the future. She supported moving forward with the code amendment.
Commissioner Field did not support the zoning code and had many of the same concerns as Commissioner Roston.
He was pleased with the revisions made to the document but would not be voting in favor this evening.
Chair Norton also opposed the document for the same reasons noted by Commission Roston.
AYES 4
NAYS 3 (ROSTON, FIELD AND CHAIR NORTON)
Chair Norton advised the City Council would consider this application at its September 4, 2012, meeting.
Verbal Review
Mr. Sedlacek gave the following verbal review:
PLANNING CASE #2012 -22 Greg Quehl Wetlands Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2012 -23 Thomas Weiser Critical Area Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2012 -24 David Williams Wetlands Permit
• Approved by the City Council as recommended by the Planning Commission.
PLANNING CASE #2012 -25 Steve Stulz Conditional Use Permit
2
Planning Commission Minutes
August 28, 2012
• Approved by the City Council as recommended by the Planning Commission.
Reschedule of September Meeting
Mr. Sedlacek advised that the September 25, 2012 meeting would start at 6:00 p.m. in observance of Yom Kippur.
Commissioner Roston appreciated the meeting time being changed but stated he would still not be able to attend.
Commissioner Viksnins questioned if the meeting date could be changed. Mr. Sedlacek indicated the commission
could request a date change, which would be brought to city council at their next meeting..
COMMISSIONER FIELD MOVED, SECONDED BY CHAIR NORTON, TO MOVE THE SEPTEMBER
PLANNING COMMISSION MEETING TO SEPTEMBER 24, 2012 AT 7:00 P.M.
AYES 7
NAYS 0
COMMISSIONER VIKSNINS MOVED, SECONDED BY COMMISSIONER FIELD, TO ADJOURN THE
MEETING AT 7:29 P.M.
AYES
NAYS
Respectfully submitted,
Heidi Guenther, Recording Secretary