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2016-07-06 Council Packet�J 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA Wednesday, July 6, 2016 7:00 pm Mendota Heights City Hall a. Approve June 7, 2016 City Council Minutes b. Approve June 21, 2016 City Council Minutes C. Acknowledge June 28, 2016 Planning Commission Minutes d. Approve Renewal of Massage Therapist License for Mariah Bowen e. Approve the Purchase of Tasers f. Approve Out of State Travel for Police Department- MAAG Training g. Approve Out of State Travel for Police Department- MOCIC Training h. Approve Resolution 2016-56 Final Payment of Sibley Mem Hwy Trail i. Approve Joint Powers Agreement with Dakota County for Traffic Signal Improvements at Interstate -494 and Pilot Knob Road j. Approve Ordinance 500 Placement of Stop Signs on Laura Street at 1st Avenue k. Approve Personnel Action Items I. Approval of Memorandum of Agreement with MNPEA M. Approve Ordinance 497 Concerning Massage Therapy Businesses in the B-1 Limited Business District n. Approve of Claims List o. Approve Treasurer's Report p. Approve Change of Start Time for August 2, 2016 Council Meeting 6. Public Comments 7. Presentations — None 8. Public Hearings — None 9. New and Unfinished Business a. Resolution 2016-57 Conditional Use Permit at 675 1" Avenue, Planning Case 2016-19 b. Resolution 2016-58 Lot Line Adjustment at 1787 Lexington Ave, Planning Case 2016-20 C. Ordinance 498 Amending Title 12, Chapter 1 of the City Code Concerning B-1 Limited Business District Conditional Uses d. Mendota Plaza Second Addition. Conditional Use Permit for Planned Unit Development Amendment, Preliminary/Final Plat, and Wetlands Permit. e. City Budget Information / Set Budget Workshop Dates 10. Community Announcements 11. Council Comments 12. Adjourn page 3 Sa. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 7, 2016 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. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved adoption of the agenda. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA ITEM H) APPROVE ACTION TO TERMINATE PROBATIONARY POLICE SERGEANT Transcription Mayor Krebsbach I would like to first read a statement to you that we have prepared. First of all, we appreciate everyone being here tonight. I think from the strength of our Pledge of Allegiance we are all interested in democracy and participation. This is not something, the item we have before us, which is the termination of Sergeant Bobby Lambert; this is not something the City Council or administration takes lightly. It takes no pleasure in considering various discipline of an employee. Mr. Lambert was promoted to the position of Sergeant in June 2015 with the hope and expectation that he would be a good candidate to serve in that supervisory position. However, an outside complaint was made against Sergeant Lambert. Following standard City protocol for situations of this magnitude, this complaint was investigated by an outside independent agency. The results of that investigation have been thoroughly reviewed and considered by the Councilmembers, administration, and legal counsel, as well as the Chief of Police. page 4 In addition, the outcome of the investigation has been shared with Mr. Lambert and his union's legal counsel. Minnesota's data privacy restricts what the City can disclose at this time. We are committed to complying with those requirements even though we might wish to be able to fully disclose all of the information. As such, the City Council cannot respond to or comment on any questions or information, which might be put before it tonight, even if we know there is another side to the story. Depending on what happens with the employee's due process rights in the future, the details of the situation may become a matter of public record. Until that time, however, the City will abide by the requirements of the law and not discuss or comment on this matter. If that option becomes available the City will release everything the law permits it to release. What I would like to do at this time is open the floor to any comments from anyone in the audience. Mr. Lambert will speak — he can speak as long as he so wishes. Everyone else we would ask you to speak for five minutes. Clerk Smith will time it similar to any kind of public discussion. She will show you when you have two minutes remaining, when you have one minute, and 30 seconds, and then to stop. OK? I would like to hear as many of you as possible. If you have some designated spokesperson, that might be helpful. This will be the time to discuss this item because it is an agenda item. Public Comments, which is later in our agenda, that is for items not on the agenda. So during that time we will not be discussing this item. At the end of this item, we will take a vote. Mr. Lambert, welcome. Bobby Lambert [applause, cheering] Thank you. Good evening, my name is Bobby Lambert and my wife Devra. I would first like to thank everyone ... I mean everyone ... for taking the time out of their busy day to come out here and support us. I speak to you tonight on a matter of genuine public concern as has been expressed by other residents of this community. My relationship with this city dates back to 1987 when I was a freshman at St. Thomas Academy. In June of 1996 I chose to join Mendota Heights Police Department because of the wonderful people that I had met over those four years. I have been a Mendota Heights resident for over 11 years. I love this city and my wife and I are thankful for the opportunity to raise our children here in Mendota Heights. Prior to our Police Union's 2012 filing of the allegations against Police Chief Mike Aschenbrener and Police Sergeant Eric Peterson, I had never been the subject of any Internal Affairs investigation; nor had I ever been formally disciplined by my department. Since 2012,1 have documented and reported 11 separate incidents of retaliation against me by Chief Aschenbrener. I can think of page 5 no other reason for terminating me without just cause. It is true that I mishandled a call through my mistakes. The mistakes were not significant enough to warrant termination. I would accept discipline for my errors, but not termination. The city is wrong in thinking that it can terminate a probationary sergeant for no reason at all. Chief Aschenbrener and City Administrator McNeill are misleading you. The Chief can only demote me without having just cause. My contract with the City says "a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the employer". He cannot fire me without cause. I am not a newly hired or rehired employee. But he does not want to just demote me ... we all know that [applause]. When Chief Aschenbrener is quoted in Mr. Nick Ferraro's article yesterday that he was surprised to hear I was alleging retaliation and that he "didn't know that was where they were going" he is simply not telling the truth. I've told every investigator working on his behalf — that's three IA's over the course of eight months — about the ongoing retaliation — it's all been recorded — including attorneys working for this city. When Chief Aschenbrener and City Administrator McNeill reported in Mr. Ferraro's article that they could not discuss the complaint lodged against me because I had filed a grievance over the recommended firing, they are also misleading you. I tried to file a grievance but the city's response was that they had "not taken official action" so my grievance was denied. Despite Chief Aschenbrener's best efforts — and I mean best efforts — you will not find a documented discipline in my personnel file. I'm shocked at the city's decision to terminate me. I'm saddened that someone who has performed at a high level for almost 20 years could be treated so maliciously. And I was angry ... and am angry ... that those decision makers continue to lack the courage to do the right thing [applause]. Eight years of documented and reported harassment, discrimination, and retaliation — headed by Chief Aschenbrener and carried out by those in his selected group. Many of our city leaders have failed this Police Department for years and it is time for it to stop [applause]. They failed many good officers, past and present, who have worn the Mendota Heights Police Badge with honor and integrity. They failed us citizens who deserved to live in a healthy community. It's time for a change. Today I want to let those who care about this community as much as I do — as we do — know that change is coming. My union representative and Attorney Joe Ditsch has joined me to do just that. My brother Scott Patrick was in the process of telling his story before he was tragically taken from us. I'm prepared to tell mine. Sadly our stories are quite similar and we are not the only ones who have been retaliated against over the past four years. Unlike the flawed investigations — let me repeat — unlike the flawed investigations in the past, which were controlled by Chief Aschenbrener and those working on his behalf, my story will not be so easily covered up and forgotten [applause]. I am confident that the truth will be heard and those responsible will be held accountable. page 6 My family and I want to again thank everyone who has come out here to support us. In supporting us, you support everyone who has faced similar mistreatment and bullying, whether it be at home, work or school. As a police officer I have never expected to be on the other end of such behavior. A police officer's job is difficult enough [applause]. My hope is that by sharing my story, perhaps those in positions of power, regardless of their profession, will reflect on the way they lead, supervise, and manage people. It takes courage to lead and courage to do the right thing. Courage has been sorely lacking within this city's leadership group for far too long [applause]. My family and I will remain optimistic about the future, as the great poet and civic activist Maya Angelou once said "People will forget what you said, people will forget what you've done, but people will never forget the way you made them feel" [applause]. To everyone here this evening who shared kind words and support, thank you for making us feel that [applause]. God bless Officer Scott Patrick. [applause, cheering] Mayor Krebsbach Others wishing to speak Neil Garlock [applause, cheering] I'm Neil Garlock, a retired sergeant from the Mendota Heights Police Department. Bobby and I go way back. I trained him on the first day he came on this police department and, been on thousands and thousands of calls with him and supervised him for many years. I always evaluated Bobby. Bobby always had the highest evaluations of any police officer I ever had on this police department. There is an old saying in the Marine Corp. "Semper Fidelis" means "always faithful". And why I am here today is I am always faithful to Bobby Lambert and every cop on this Mendota Heights Police Force [applause / cheering]. Bobby believes in the same principles as I do and that is `semper fidelis'. Bobby was always faithful to this community and this police department and everybody in this room. City Council, are we going to be faithful to Bobby? Bobby laid his life on the line. What do we do for Bobby? We have to do the right thing. This witch- hunt has to stop. All of this harassment, retaliation, this stuff that has been going on for years has to stop now [applause]. Bobby has an impeccable record. 20 years of service — never been disciplined one time. Well, there is a few times they tried to do it but we got in the middle of it and we took care of it, didn't we Bobby? Damn right we did. This police department used to be the jewel of Dakota County. Everybody wanted to be a Mendota Heights Cop when I came, right? I came from Iowa and I knew what it meant when you became a Mendota Heights cop — you were a cop, you were a good cop, and everybody respected you. Now we have turned into a joke; we've turned into a circus. Do you know why it happens? It happens with leadership at the top [applause / cheering]. You are the leadership of this community. Apparently, with all of the recent media and the page 7 coverage of this police department, the chief has lost control of this police department. And so I say, Bobby's ultimatum was `resign or be fired'. I say the same to the Chief of Police [applause / cheering]. In passing, I would like to say one more comment here. I retired from this police department two years ago, I was very proud of my career here. I gave everything I could. Now when I talk about the police department I'm embarrassed. I'm embarrassed that I came from this police department lately. That patch doesn't mean anything to me anymore; it's terrible, it's a joke. And you guys have to do the right thing, get the right chief in here, and get this mess squared away [applause / cheering]. Mayor Krebsbach Thank you Neil. Officer Larrabee John Larrabee Council, Mayor — John Larrabee, Police Officer City of Mendota Heights — one week shy of Bobby Lambert. This man is my best friend. I am not getting into any complaints, past issues, or anything. I'm just here to say I know what happened, it's known what happened, do the right thing. Support Bobby Lambert [applause]. Teresa Gangelhoff My name is Teresa Gangelhoff and I was the past recreation programmer for the city for 11 years. When I found out that Bobby was going to be let go I felt I needed to come here and support him for what has happened to several dedicated staff over the past few years under the direction of this Council and current and past administration. This Council needs to investigate why a staff member is being let go and not just take the administration's word for it. Hard working staff are put on the chopping block without anyone on this Council taking any effort to talk to that staff member, except for Ultan Duggan — I'll give him credit because he does. He gets to know the staff, he gets to talk to us — if you have anything to say he always listened and he was always there for you [applause]. You need to find out the real reason the administration may be asking to take them off of the payroll. They seem to cover up mishandling by the administration and find it easier to just let them go. You need to do your homework and stop going along with these recommendations from administration without investigating it. You need to look into the real reasons they want to do this; and you'll find out the real reasons are usually to cover up those mistakes of those administrators and it is not anything the staff did. If you can't do the job right then please step down and let someone that will. In my 11 years here, as I've said, Ultan Duggan is the only one that actually connected with us. I think you really need to find out what's going on before you make your decision. We wouldn't be in this situation this evening if each and every one of you would do that. Remember you are elected by the people to be their voice [applause]. Beau Heidelberg Hello, Beau Heidelberg, long time resident in Mendota Heights here. I would first like to thank the Council and department for hearing our voices tonight as the citizens of this community, who have elected you to your positions to represent the will of the people and not the whims of the Chief of Police. As a nearly lifelong citizen and homeowner for over a decade in Mendota Heights and page 8 Mendota, I have a vested interest, for myself and my family, in the health and positive operation of our police force on a daily basis. Right now I do not have confidence that our Police Department is healthy and fully operational due to the current environment being created by the powers that be. Officer Lambert has served our community for 20 years. I have dealt with him as both a juvenile who needed some accountability and as an adult who respects and appreciates his role in our city based on his demeanor, professionalism, experience, and whole hearted involvement in the community from coaching our kids to volunteering for various events. Based on the information I, as a community member, have to this point, on this topic, as well as the opinion of others, I can't help but question a few things regarding the chief's wish to terminate the 20 years of service Officer Lambert has offered to this community. Was this planned from day 1 of his promotion? Promoted June of 2015, to which he was opened up to a probationary status with his new position, allowing him to be terminated — as I've come to understand — without cause. So was this a set up from the beginning? And, as we know, via the City and court proven record, that a settlement of $50,000 was reached, cited September 22, 2015 in the Pioneer Press, for violations of the Minnesota Whistleblowers Act and Peace Officer Discipline Procedures Act in the civil lawsuit filed against the Chief and the City. In my opinion, and the opinion of many based upon our own observations as well as conversations I've had with multiple experienced city employees, who do not feel that their voices can be heard for fear of retribution, I'm stepping up to let their voices be heard. The chief does not seem to cultivate a community of teamwork, camaraderie, or really an environment that I think my police officers need to have to feel comfortable coming to work every day. But rather, he attempts to lead through intimidation, cronyism politics, and favoritism and well as bullying. These types of leadership have no place in my community and I would like to put forth an individual vote of `no confidence' in the leadership of Mike and what he is offering [applause]. In fact, I would like to personally — as a tax paying citizen of this community — like to offer an alternative to the hearing today and ask respectfully that the Council considering terminating Chief Aschenbrener [applause / cheering]. We need this so the department can start anew and move forward without the cloud of mistrust, scandal, and favoritism that is tainting it on this very day. I believe, based on the current toxic environment within our department, we need to change things from the top down. And rather than removing an officer who has faithfully served our community for over two decades being removed, we consider removing the administration that has failed to lead our department in the positive, unifying direction that we, as a community, need. We, the people, have elected you, the Council, to represent our wishes at the City level. Should we as citizens support an administration and department that will allow the pursuit of personal vendettas over the course of months and years to serve their own personal or professional goals, whatever they may be? Or do we support an officer who has dedicated nearly half of his life to the betterment and safety of our neighborhoods? Thank you for your time. I trust the right decision will be made on behalf of we the page 9 people [applause / cheering]. Nancy Hi, my name is Nancy. I am Michelle Patrick's sister. She wrote a letter and I am reading it because she has laryngitis right now. I feel the police officers' sergeants should be really focusing on abiding the law on the streets and in the community. They should not be focusing on the bad decisions that are being made in the department. There has been a bad decision regarding a picnic table and the disposal of a cell phone, a black bag just sitting around, and the use of public transportation for personal use. If a civilian had these bad decisions, they would have had to go to court. Having a badge on your chest should not give you permission to not abide by the law. These things have been happening way too long and need to stop. On July 16, 2013 Scott Patrick sent a two and a half page letter to the Mayor to complain how he has been 1) feeling harassed; 2) in a hostile work environment; 3) threatened, retaliated; 4) been ignored by the City Administrator; 5) the chief ignoring criminal activity; 6) having a slanderous report filed — but no action was done to even help out Scott after this letter. After reading the article in the Pioneer Press yesterday, I can't help but wonder if the Chief has had any idea what retaliation is. Workplace retaliation is about making people afraid; afraid to complain or to assert your rights. It should not matter whether the original complaint is valid; you should not be punished for standing up for yourself. If you are being punished, who is ever going to speak out? Those that are not speaking up for themselves it's just because they want to keep their job. It is hard to prove retaliation but just know that it is illegal. Sergeant Bobby Lambert is a great guy and should not be the one approved to be fired. It breaks my heart to see a department having a work environment that they complain about or do not even talk about with pride to be working here. I hope you make the right decision and realize where the problem really is. Thank you for your time [applause]. Melissa Hathaway Hi, my name is Melissa Hathaway. I've lived here for over 35 years. I've never had a complaint with a police officer in our community. Our cops need to be respected; not disrespected. They need encouragement to do their jobs; not people that just sit back complacently and not stick up for them. I'm really tired of this. It's a shame. And I'm ashamed of it. We have another Police Chief over in West St. Paul — a great guy, does a good job. I like his officers too. But, of course, I like all cops. They all do a good job. They have a hard job to do and it's dangerous. They need to be respected and given credit for every minute they are on the police force. Thank you [applause]. Mayor Krebsbach Anyone else wish to speak? This is the time to speak. Angie Martin My name's Angie Martin, I'm Bobby's next-door neighbor. I just want to speak to when I moved to Mendota Heights four years ago and that I loved this town. I would guess at least seven people came up to me and said, you know, your neighbor is a Mendota Heights Police Officer and he is awesome. And you could just see the respect for him beaming from their faces. And our whole page 10 neighborhood loves Bobby and they love having a Police Officer live among us. You will break us — you will make us hate this town. Don't do that to us [applause]. Bryan Burkhalter Good evening. I am retired Sergeant Bryan Burkhalter from Rosemount Police Department. I have no idea of what is actually going on in Mendota Heights here but I can speak for Bobby as being a member of Dakota County MAAG Team. I was his supervisor for 11 years. I have the utmost respect for Bobby and all of the team members on the team. We have a high ethical standard in order to be a SWAT team member. We cannot have any moral — any question on anybody's ethics on the team due to the fact that we are in a high profile position. Bobby has fulfilled those and went beyond them. He was a trainer for active shooting; he led up that training along with other members of our department. I've had a lot of praise from school officials on the work he has done with the training, allowing several officers in his community. He has headed up the training to train regular street officers to respond to active shooter training. Again, I feel it is very, very wrong to fire Bobby over a probationary mishap. Thank you [applause]. Mayor Krebsbach Anyone else wish to speak? Katie Sullivan Good evening everyone. My name is Katie Sullivan; Bobby Lambert and I are family. I've had known him my whole life. Bobby is kind, thoughtful, honest, faith -filled, extremely hard-working, crazy athletic, and wickedly funny. He is, most importantly, a good guy in every sense of that phrase. The Police Chief is not any of those things and that will, eventually, be exposed [applause]. For those of you voting tonight, time will reveal the truth. If you stand with the Chief tonight you will standing for corruption, deception, and lies [applause / cheering]. If you stand with Bobby, you will be standing for goodness and truth [applause]. My husband and I have three young kids; 8, 6, and 2. Our eight and six year olds are boys and idolize Bobby Lambert. As young boys, cops are real life heroes. Bobby is amazing because he is a childhood hero who doesn't disappoint through a grown-up lens. He is a true hero who makes our family, Mendota Heights, and the State of Minnesota proud. I love you Bobby. Joe Sidle Joe Sidle, I am a resident of Mendota Heights and am also a teacher at St. Thomas Academy. I taught Bobby, I coached Bobby; I coached him in baseball — despite my best efforts to coach him he actually turned out to be a pretty good player [laughter]. I work with young people. I've spent my whole life working with young people as a teacher in the community, and even in law enforcement in a seasonal, part-time capacity. And there are so many young people today that need heroes and I'm so glad that word is being used because that is what Bobby is to our students at St. Thomas Academy as an alumnus, but as a police officer and a police sergeant he is a hero. Every time he comes on campus, the kids swarm around him. They watch to see how he conducts himself — it's always with true professionalism and kindness; but also a firmness that `the buck stops here' — he is just a great cop. And we cannot lose him. page 11 One last thing. There is such a tremendous pride that people have in Mendota Heights as residents. And that pride was shattered with Scott's death. To let Bobby go would be to prolong this wound in this department and in this community. And you are the folks with the leadership; you have the decision and you can do the right thing [applause]. Mayor Krebsbach Anyone else wishing to speak? Pam Stein My name is Pam Stein. I have three children and we have lived in Mendota Heights for almost 10 years and own a home here. In our 10 years here we have become acquainted with a number of officers in passing. The only Mendota Heights Police Officer to take time to learn our names, to greet us by name, and to high -five my kids was Bobby Lambert. To our family he is the best. And, in my life, the lesson I've learned is you don't get rid of the best. If we ever had a law enforcement need in our family I would hope and pray that Bobby Lambert would be the officer assigned to investigate. Please, please take into consideration what the community is feeling on this. He is the best and please keep him [applause]. Grey Staples Hi, my name is Grey Staples. I'm a 13 year resident of Mendota Heights. I'm not related to Officer Lambert nor am I a neighbor of his, but I can tell you my experiences with him. My introduction to him was as the police officer who came to escort the little kids around the neighborhood on the 4th of July parade. He was a terrific police officer in that regard. My other exposure to him recently was, he was the first responder to a house party that a group of adults were having, in which one of the adults fainted and he the one who administered the initial care and he was considerate, he was thoughtful. I don't know what the City Council will do with this; I mean I understand that, I think, before you is the question `yes or no firing, or not firing'. I would suggest or hope that there is another avenue; such as tabling the motion to be able to give it more consideration. `Cause very clearly, Officer Lambert has a lot of supporters, a lot of people very much like him, I do firmly believe that he is great police officer from what I've read. I don't know the specifics of this particular situation that would have caused him to be let go; but I have to believe, based on what I have read, that there is more to the story and when I say more to the story — I don't mean more the story in terms of there are reasons for him to be fired — I mean more to the story in terms of there are other things in play here that would cause his dismissal. Things that definitely should be brought to light. I don't think there is any question. So I would ask that, if you have the option of doing something other than voting a yes or no, that you table the matter and consider it another time. I realize that there has been a process up to this point, but it would appear that, based on the folks here — none of us knew about it until just now. Thank you for your time. Mayor Krebsbach Thank you for your comment. Victor Loray My name is Victor Loray. I'm pretty sure none of you know Bobby that well. I can guarantee you. Bobby is a really, really good man and his boss is a bully; and good men stick up to bullies [applause]. Mayor Krebsbach OK, any other comments [No name] The fact that Bobby Lambert is here in the first place is because of his integrity. He took on the big dog; and that is why he's here. Because he had the courage not to be bullied [applause]. page 12 Mayor Krebsbach Please be sure to give your name for the record. Kathy Peterson Kathy Peterson Mayor Krebsbach Kathy Peterson, thank you Kathy. We will ... I appreciate your comments, I appreciate your decorum. We will hear all of you. So ... anyone else wishes to speak? [No name] Mayor and members of the Council. I appreciate you guys hearing people talk tonight. I did not prepare anything formally because I didn't think that this was going to be the forum. But, I — like Sergeant Burkhalter before — I don't work at the Mendota Heights Police Department every day; I don't know the inner workings; I'm not going to pretend to know that. I can speak on Bobby's behalf as a professional and personal friend. I've known Bobby for 10 years and in the reverse life — he was supervised by Sergeant Burkhalter; well Bobby was my supervisor on the SWAT team. I got to watch Bobby was the leader that you wanted. He was approachable, he was genuine, he made you feel wanted, he moved the team forward, constantly improving and he handled the most critical incidents across all of Dakota County. And he was the commander responsible for several hundred thousand citizens in this county. That's Bobby as a professional; he does uphold — have I met police officers that tarnish the badge? Absolutely, and Bobby is not one of them. I've been in law enforcement for 10 years and the honor and integrity and courage that you heard tonight is true. But he also has those characteristics that I think sometimes people don't talk about. The empathy and knowing how to be that chameleon in the room that can relate to little kids yet at the same time go in and handle the most violent of suspects. I've learned a lot from Bobby. I took a lot out of his playbook professionally. And I think — if you want to know how Bobby represented the Mendota Heights uniform as well as the City of Mendota Heights, I think you just look at all of the people that are stacked in this room [applause]. On a more personal level, I too went to St. Thomas Academy and people can say what they want about that school but I'm proud of it. And I spent a lot of my time in Mendota Heights; unfortunately I have a lot of people at Resurrection Cemetery so do I spend a lot of my time here. And that is why I came tonight because I think it is important for the city to keep people like Bobby and uphold the values that Bobby portrays each day. As a personal friend, I've traveled around with Bobby across the country on a softball circuit; I see what he is like away from his family — he is not one of those guys that when he leaves — he's always the same, he's always genuine. He is a great coach to his kids, he's a cool dad, and I think it — he's the guy that, although a cliche, he's the one that would give you the shirt off of his own back if you needed it. Thank you for letting us speak tonight. Mayor Krebsbach Thank you sir. Shawn Scoville My name is Shawn Scoville. For seven years I served under Bobby's leadership. His decisions controlled whether or not I went home each night that I served page 13 under him. I've never met a man with more honor, more integrity, or more courage than Bobby Lambert [applause]. I don't say this lightly — he is my brother. Your family is my family. I ask that the Council look at this room and see all of the individual officers, the individual people who came here, to support Bobby. There isn't a city in Dakota County that Bobby hasn't helped; there isn't a citizen in Mendota Heights that he hasn't served. Sixteen years ago, Chief, I stood in front of a Council such as this and I took an oath. I took an oath to the City and to the people. Sir, you have failed the people of Mendota Heights and you failed to uphold what that badge represents [applause]. Mayor Krebsbach We will here, let's say three more. Anyone else wishing to speak. Jim Portam Thank you members of the Council. My name is Jim Portam speaking on behalf of Bobby. I don't come from a police service but I do serve the public on the fire side; been there eight years. I know that — you don't go 20 years without a nick on your record and then one time, you're fired. Nothing happened [applause]. There's retraining, there's coaching, there's mentoring, there's counseling — if you cannot look at this and see this is a blatant witch-hunt; it will come down on your shoulders. If you stand here and let this happen; let a good man of 20 years go because of one [rotten apple] mistake, it is a disservice to the entire community, which you are here to provide. Thank you. Mayor Krebsbach Thank you sir. Is there another speaker? [I'm not going to stumble over all of these people who give their mikes up. I'm an outsider and I've heard good things about Bobby through friends of mine] Mayor Krebsbach Sir, I do need to have you come to the podium. Mike Charlie My name is Mike Charlie and I am from the City of West St. Paul. I'm here because I have friends in Mendota Heights and they all speak highly of Bobby. All of got to say to the City Council, before you pass judgment you all should try and walk a mile in Bobby's shoes or anybody else's shoes. Mayor Krebsbach I do want to be clear — we will hear everyone that wishes to speak. Kathy Patrick I'm Kathy Patrick. And I would like to thank you for being here tonight. I would like to say that you need to investigate the chief — not Bobby. [pointing to Bobby] He is here for the people [pointing to the chief] he is not here for the people. You need to think about it. Support Bobby. We need your help [applause]. Mayor Krebsbach Anyone else wishing to speak? And again I do appreciate the way you're handling yourself, the decorum, it makes it possible for us to hear all of you. Anyone else wishing to speak? [No name] I am terrified right now standing here. As you all know, I'm one of your Police Officers, I've worked here for 10 years. I've been a cop for 15 years. Early in my career — I've got around a little bit — I've worked for six different agencies as a sworn Police Officer. I know what's normal, I know what's not. I have to be careful about what I say up here so I don't end up sitting in that seat right there [pointing to Bobby Lambert] [applause / cheering]. I've had ... page 14 Mayor Krebsbach [background voices] Please, if we could — one thing that is really important — if we just have the person speak. Thank you [continuing] I've had one-on-one conversations with several of you and I predicted this. I told you this was coming; I told you that this was going to happen. I've worked with Bobby for 10 years, I was his direct subordinate — we were team policing; so every day that Bobby worked, I was his subordinate. He was an amazing leader, I looked up to him, I still look up to him and regardless of what you do tonight that's not going to change. You need to do the right thing here as Beau Heidelberg said. You were elected by the people to do the people's will. The people of Mendota Heights are good people. That was evidenced — and I hate to even bring up the name because I do not want to politicize Scott Patrick's name and his legacy — that was evidenced after Scott's death — that the people of Mendota Heights are good people. They care about their cops. They don't want you to get rid of Bobby. We don't want you to get rid of Bobby [applause]. Trent Anderson Mayor and members of the Council. My name is Trent Anderson; I've worked with Bobby for 12 years as a Police Officer. And I can tell you that I am a better Police Officer because of Bobby Lambert. All the agencies in Dakota County are better because of Bobby Lambert. And I know this is a wealthy community, but there is not a budget that you have that will replace him. Mayor Krebsbach Anyone else wishing to speak? Brad Chaska Mayor and Council, Brad Chaska, retired from Dakota County as a Captain two years ago after almost 31 years. Bobby was a good friend of mine. I commanded MAAG and was on the MAAG team for 20 years. Like Sergeant Burkhalter, I don't know what's going on here with the dirty laundry here; I can speak for his integrity. If you are going to fire him over one incident, I can show you policies in the Dakota County Sherriffs Department named after me; but yet I made it all the way up to Captain. It ridiculous if you are going to fire him for one indiscretion. Chris Lambert Hi, I'm Chris Lambert. I'm Bobby's biological brother [laughter]. Mayor Krebsbach It's good that you claimed your turf. Chris Lambert There's a couple of things that I wanted to mention because I was back there listening. I wasn't going to say anything because I frankly don't have to, but they struck me. 1) I used that qualifier on purpose because you've seen like nine guys come up here and call Bobby their brother. That's not a mistake. I don't think that you are going to run into other people in his position that are going to have that kind of support. That's unique to him, just like the DNA we share is unique. 2) I was struck by the comment that you made thanking everyone for their decorum in this obviously incredibly emotional situation. That also is not an accident because, the reality is that everyone is up here behaving in the way they know Bobby would be proud [applause]. I know that's true because this is not the first time I've seen it. I've known him my whole life, obviously, and when we were kids growing up, we used to spend every weekend at our grandparents house. My mom, to this day, still marvels at the fact that we never fought when we were there. We never fought when we were there because our grandfather never considered fighting an option. It wasn't what you did when you are amongst family. And so we behaved in that way — that leadership, that sense of feeling, rubbed off on us. And it came from our grandfather. So it's not a mistake that page 15 people are acting this way — 1) that they are passionate and 2) that they comporting themselves with dignity and respect. It's not a mistake. It's because of him. I've seen it before. So the reality is — and other people have said this — the reality is this community is going to lose so much more than you could possibly imagine. I too went to St. Thomas; I worked in this city; it really does — and it will probably come down to where ultimately do you want to be on this issue. It's not a today issue; it's not a next 10-, 15-, 20-, 30 -minute issue; it's not; this is a lifetime issue — for you guys anyway. Where do you want to be on this issue in 10 years, 20 years, 30 years. It's really that simple [applause]. Mayor Krebsbach Thank you Anyone else wishing to speak? OK. Thank you all for your comments. As I said at the very beginning, this is not simple. It's very challenging and difficult for all of us. Based on what I'm hearing this evening — and what I'm seeing this evening — and it is an amazing and respectful turnout in support of Bobby. Sometimes you need something like that to happen to say `Oh, I was going to go along this direction, maybe I was going to go in that direction.' And I've been known, God knows, to So this item is on our agenda for a vote by the Council. Do I have a motion? Councilmember I would move that, because of the millions of the things that are being said this Duggan evening, that nobody on this side, I think, has ever been aware of to the extent. My concern is the fragmentation of the community and I don't want that to happen. So I wasn't aware that Bobby was interested possibly in a demotion. At least I wasn't sure; maybe you're not. Because I would say that would be the action that I would support this evening. Bobby Lambert If I may speak, I was just interested in being left alone to do my job. [applause] Mayor Krebsbach Councilmember Duggan, are you going to make a motion. Councilmember I'm sorry, Madam Mayor may I? Norton Mayor Krebsbach Yes, please Councilmember Everyone — we were very respectful of your time and inviting you all up to speak. Norton If you could please let us do our process we would appreciate that. Thank you very much. Councilmember Thanks, Steve. Duggan I believe in March I was down in Arizona, but I was on a conference call (Note: This was a closed session) arrangement carrying this decision and the emphasis, which was stated clearly by Steve Norton, I supported it; the others I think eventually said `we have a young man here whose got a whole life ahead of him, he's got a family, he's been in our community for over 20 years — working for us. What should we be doing? The three options we thought we had were 1) a demotion back to being an officer, 2) termination, and 3) possibly a resignation. We did not determine that; those were presented as possibilities. And that is why we are here now trying to determine what it is that maybe we should be doing. Based on what I'm hearing this evening — and what I'm seeing this evening — and it is an amazing and respectful turnout in support of Bobby. Sometimes you need something like that to happen to say `Oh, I was going to go along this direction, maybe I was going to go in that direction.' And I've been known, God knows, to page 16 go differently to the Council some of the time. My biggest concern is the fragmentation of the community. That has happened partly with the loss of Scott Patrick. That was tragic. But it seemed to draw the community together in a sense. And I don't think that has changed that much. Now if you ask all of the people out in the streets that are not here tonight — if you ask them `oh the city's fine, everything is fine'. And they don't necessarily pick on a fire department, administration, public works, or the police department. Everything is fine, our taxes are reasonable, streets are plowed, things are looking pretty good, we're happy. But here we have a situation that; how much of one side versus another we have I'm not sure; but I would move that we not terminate Bobby Lambert [applause / cheering]. That motion needs a second. Not a second of time, but it needed a second from the councilmembers or the Mayor. Mayor Krebsbach Is there a second? Is there another motion? Councilmember It is with sadness that I'll say that I move for termination. Norton [overlapping comments from the audience] Councilmember And I'll second — I second the motion. Povolny [overlapping comments from the audience] Councilmember Ladies and gentlemen, please. Again, we were respectful of your process in Norton speaking. [overlapping comments from the audience] Mayor Krebsbach I need order here or we will clear. Councilmember Much like the Mayor said, there is more to the story that we cannot share with Norton you. Mayor Krebsbach We have a motion. [loud comment from the audience] Councilmember Ma'am, please. Let us proceed with our process. Norton It is based on that information and the reports that I make my motion for termination. Mayor Krebsbach And we have a second from Councilmember Povolny. Any discussion? The only thing I will say — this is a process. We want to make sure ... [overlapping comments from the audience] All in favor? page 17 [overlapping councilmember responses] Call the roll please City Clerk Lorri Councilmember Duggan: Nay Smith Councilmember Norton: Aye Councilmember Petschel: Aye Councilmember Povolny: Aye Mayor Krebsbach: Aye [overlapping comments from the audience] Mayor Krebsbach We will continue. Audience Chanting "Bobby". [overlapping comments] CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approve May 17, 2016 City Council Minutes, b) Approve May 24, 2016 Council Workshop Minutes, and o) Write Off Outstanding Developer Invoice. 9- h. i. J� k. 1. in n. o. p - Approve May 17, 2016 City Council Minutes Approve May 24, 2016 Council Workshop Minutes Acknowledge May 24, 2016 Planning Commission Minutes Adopt Revised Snow Plow Policy Adopt Ash Tree Management Policy Acknowledge April 2016 Fire Synopsis Approve Personnel Action Items Already Acted Upon Authorize Replacement of the Friendly Hills Hockey Boards/Fence Approve Resolution 2016-51, PUD Amendment for United Properties at 1312 Northland Dr. Authorize Out of State Travel for Fire Department Authorize Purchase of Used Community Service Officer Squad Authorize Change of RFP Scheduling for Professional Services Approve Claims List Write Off Outstanding Developer Invoice Change July 5, 2016 Regular Council Meeting date to Wednesday, July 6, 2016 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 18 PULLED CONSENT AGENDA ITEM A) APPROVAL OF MAY 17, 2016 CITY COUNCIL MINUTES Councilmember Petschel stated that she requested this be pulled from the Consent Agenda because she and the Mayor were not present and; therefore, cannot vote. Councilmember Duggan moved to approve the May 17, 2016 City Council Minutes. Councilmember Povolny seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 (Petschel, Krebsbach) B) APPROVE MAY 24, 2016 COUNCIL WORKSHOP MINUTES Councilmember Duggan asked that Councilmember Povolny be recognized in the minutes for the great suggestion he gave in relation to the gas grills at Ivy Falls. Clerk Lorri Smith agreed to add this item for the record. In relation to a proposed Snow Plowing Policy, `damage to city equipment from objects in the right of way will be the property owner's responsibility', Councilmember Duggan asked if staff could inform those residents affected. City Engineer John Mazzitello noted that in the fall edition of the Heights Highlights, the updated policy will be extensively focused on. He also confirmed that when an item is identified as being in the right of way, city staff does typically inform the homeowner. Councilmember Duggan moved to approve the May 24, 2016 Council Workshop Minutes with the added recognition to Councilmember Povolny. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 O) WRITE OFF OUTSTANDING DEVELOPER INVOICE Councilmember Duggan noted that Hidden Creek Development owes the City approximately $9,400 that the City has tried for years to obtain, unsuccessfully. He believes that the City should not let this go. He would speak to the person and see if he could get this resolved. Councilmember Norton moved to table the Write Off of Outstanding Developer Invoice. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 There were no public comments. No items scheduled. PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING A) NEW LIQUOR LICENSE FOR HAIKU INC. page 19 City Clerk Lorri Smith explained that Haiku Inc. dba Haiku Japanese Bistro has applied for an On Sale Intoxicating and Sunday Liquor License. This is a transfer of a current license that has been issued to Haiku Japanese Bistro Inc. The police department is currently in the process of conducting the investigation. Per Code, all new liquor license applications shall not be approved before the next regular City Council meeting after the public hearing. Staff recommended that the City Council hold the public hearing, consider the comments brought forward, and then close the public hearing. Official action can take place on this license at the next City Council meeting, scheduled for June 21, 2016. Mayor Krebsbach opened the public hearing and invited members of the public to comment on this liquor license application. Seeing no one coming forward to comment, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) APPROVE LIQUOR LICENSE RENEWALS City Clerk Lorri Smith explained that this public hearing was to receive comments on the renewal of all of the current liquor licenses, which will expire on June 30, 2016. Background investigations have been completed and no negative findings were found. If approved, the licenses would be effective July 1, 2016 through June 30, 2017. Staff recommended that the City Council hold the public hearing, consider comments from the public, and approve the issuances of these licenses; contingent upon the City receiving some outstanding documentation as noted in the Council memo. Mayor Krebsbach opened the public hearing. page 20 Seeing no one coming forward to speak on this topic, Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Norton moved to approve the liquor license renewals as outlined, contingent upon the city receiving the outstanding documentation from Tommy Chicago's Pizzeria and King and I Thai: Intoxicating Liquor and Sunday Liquor licenses: • Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110 • Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses: • Mendakota Country Club, 2075 Mendakota Drive • Somerset Country Club, 1416 Dodd Road Wine licenses: • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off -Sale Liquor licenses: • Maple Tree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street • Twin City Beverage Inc. dba Mendota Liquor Barrel, 766 Hwy 110 On -Sale 3.2 percent Malt Liquor licenses: • Mendota Heights Par 3 located at 1695 Dodd Road • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off -Sale 3.2 percent Malt Liquor licenses: • Northern Tier Retail LLC dba SuperAmerica 94521 located at 1080 Highway 110 • Northern Tier Retail LLC dba SuperAmerica 94516 located at 1200 Mendota Heights Road Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) CONSIDER 12 -MONTH EXTENSION OF THE OAKS PRELIMINARY PLAT Planner Nolan Wall explained that the Council had approved a Preliminary Plat for The Oaks development in July 2015. The plat included three lots for residential development. Since that time, the developer has been working to obtain easements to extend sewer service prior to final plat approval. The Code requires final plat approval within one year of the preliminary plat approval unless an extension is approved by the City Council. page 21 According to the property owner, negotiations with an additional property owner have not been successful in order to obtain the necessary easements. As a result, the applicant is requesting a 12 -month extension to allow the property owner time to work with the City to possibly include the sewer extension in a future Mendota Heights road rehabilitation project. Mayor Krebsbach asked if this is customary. Planner Wall replied that this is fairly common among local governments to have a stipulation like this. Councilmember Duggan moved to grant a 12 -month extension of The Oaks preliminary plat. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2016-45, CONDITIONAL USE PERMIT AT 1002 OXFORD CT — PLANNING CASE 2016-11 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a roof -mounted solar energy system at 1002 Oxford Court. He shared an image of the lot location, at the end of a cul-de-sac just off of Walsh Lane. The subject parcel is approximately 18,500 square feet and is guided for low-density residential development in the Comprehensive Plan. He further explained that the Council recently adopted Ordinance 485, which created standards for alternative energy systems. This Ordinance permitted solar energy systems as a Conditional Use in all districts, subject to conditions. Planner Wall explained the standards required for alternative energy systems in relation to this request. Councilmember Duggan asked if there is a provision in the code that requires the roof to be brought up to standards if the solar panels were removed and the unexposed roofing materials underneath are not the same color as the exposed roofing materials. Planner Wall replied that this is not currently part of the code. Councilmember Petschel stated that roofs are frequently discolored by the rain, trees, and the sun, and she is content with the way the ordinance is written. After a short discussion the Council requested that staff research other cities to determine if roof discoloration is something that should be addressed. Councilmember Petschel noted a question brought up by the Planning Commission on whether Council approval was really necessary for these kinds of installations. Planner Wall replied that the sentiment of the Commission was such that this was a policy decision that the Council is free to revisit as needed in the future. Mrs. John Allen explained how they came to the decision to install solar panels. Michael Allen, representing All Energy, explained the type of solar panels to be installed and how the system will work. page 22 Councilmember Duggan moved to adopt RESOLUTION 2016-45 APPROVING A CONDITIONAL USE PERMIT AT 1002 OXFORD COURT with conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2016-46, CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS RD — PLANNING CASE 2016-14 Planner Nolan Wall explained the applicant was seeking a Conditional Use Permit to construct a roof - mounted solar energy system at 701 Mendota Heights Road, Friendly Hills Middle School. He shared an image of the property, which is surrounded by the Friendly Hills Neighborhood on the north and to the west; Kensington Neighborhood to the south across Mendota Heights Road. The subject parcel is approximately 30 acres and is guided as a school in the Comprehensive Plan. Planner Wall shared the standards applicable to this application and explained how those standards are being met. Mr. Michael Kampmeyer, a representative of TruNorth Solar, LLC, answered questions from the Council. Mayor Krebsbach asked if there were any benefits for School District 197. Mr. Kampmeyer replied that there is a meter program that goes up to 40kw which the school was able to take advantage of, as well as some credits that are given by the State of Minnesota. Councilmember Duggan moved to adopt RESOLUTION 2016-46 APPROVING A CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS ROAD with conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2016-47, VARIANCE AT 2165 TIMMY STREET — PLANNING CASE 2016-12 Planner Nolan Wall explained that the applicant is seeking to reconstruct a deck onto an existing single- family dwelling and a variance is required from the applicable side -yard setback standards. He shared an image of the lot location, which is located on the corner of Timmy Street and Cullen Avenue, surrounded by existing R-1 Residential properties. The subject parcel is 14,914 square feet and is guided as low-density residential on the Comprehensive Plan. A previous property owner constructed a deck that wraps around the northwest corner of the existing dwelling and extends into the rear and side yards. The existing deck is located approximately 2.5 feet from the northern property boundary line in the side and rear yard and is therefore noncompliant with the required 10 -foot side yard setback standard. Since page 23 the proposal is to demolish the existing deck and reconstruct it, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. The existing dwelling is located 11 feet from the north property boundary line and a patio door accesses that portion of the deck that extends into the rear yard. The applicant is proposing to have a 4 -foot wide deck instead of the current 8 -foot wide deck. The deck would extend throughout that length into the rear yard and into the rear yard deck to be reconstructed as well. As proposed, this would require a 3 -foot variance. Planner Wall then shared the three standards of review for the variance request and explained how the proposed reconstructed deck would meet those standards. The Planning Commission recommends that the walkway be 4 -feet wide; however, it also incorporated staff's recommendation in that it only extends 4 -feet off of the northwest corner. The Planning Commission wanted to ensure there was adequate room for the door swing radius. Mr. Richard Dugan, applicant, stated that he would prefer the 4 -foot wide walkway to the back of his deck as 3 -feet hardly allows for two people to pass each other. Councilmember Petschel moved to approve the 3 -foot variance request to allow construction of a 4 -foot - wide walkway from the existing patio door to access the side yard and compliant portion of the proposed deck in the rear yard, based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) RESOLUTION 2016-48, LOT SPLIT AND VARIANCE AT 810/804 RIDGE PL — PLANNING CASE 2016-13 Planner Nolan Wall explained that the applicants are seeking to subdivide an undeveloped portion of 810 Ridge Place to be combined with 804 Ridge Place. He then shared an image of where the subject parcels are located. He also shared an image of the existing conditions on the properties. A lot split does require City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel, which is nonconforming with the required minimum lot width standard in the applicable zoning district. The subject parcels respectfully are 3.1 acres and 4.1 acres and are guided low-density on the Comprehensive Plan. The property owners of 810 Ridge Place, which is Lot 6, are requesting approval to split a 1.95 -acre parcel to sell to the property owner at 804 Ridge Place, which is Lot 7 of the plat. Both subject parcels would maintain the existing side yard setback standards along the interior lot line, as well as the existing lot widths along Ridge Place. Since the entirety of the existing lot line is not being adjusted, the proposal is considered a lot split and not a lot line adjustment. If approved, the property in question would be combined into Lot 7 and would not be developed at this time. page 24 Specific to the lot split request, the City Code does allow for subdivision of parcels provided that the resulting lots are compliant with the requirements within the applicable zoning district. In this case, the proposed lot split has no frontage on a dedicated right-of-way and does create a temporary non- conformity with the R-1 district's minimum lot width standard. The existing lot sizes and lot widths of both existing parcels would remain compliant with the applicable standards. In order to assure that the non -conformity created by this proposed lot split is illuminated within a reasonable amount of time, a condition of approval is included that requires the private property owner combine and dissolve that newly created parcel by October 31, 2016. Planner Wall then reviewed the three required standards to be met in relation to the variance request and explained how these standards are being met. Mayor Krebsbach asked if the potential for a lot split to construct another home would be created. Planner Wall replied that the particular property has no right-of-way platted or right-of-way frontage bordering the property in question whatsoever. Councilmember Duggan asked if there was any consideration of restrictive covenants as to protecting site -lines if anyone chooses to put up a fence. Mr. Scott Knowlton, 810 Ridge Place, replied that Mr. John Steenberg [owner of 804 Ridge Place] approached him a couple of years ago with concern of his backyard view being altered should Mr. Knowlton decide to sell his property. Councilmember Duggan clarified his question by asking that if the neighboring property owner was wishing to protect his opening, if this would be considered a private agreement between them as opposed to the City getting involved. City Attorney Tom Lehmann replied that the City would not be involved. They would only need to file that with Dakota County; not with the City. Councilmember Petschel moved to adopt RESOLUTION 2016-48 APPROVING A LOT SPLIT AND VARIANCE AT 810 AND 804 RIDGE PLACE based on the findings of fact and conditions as stated in the resolution. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 F) RESOLUTION 2016-49, VARIANCE AT 2305 APACHE STREET — PLANNING CASE 2016-15 Planner Nolan Wall explained that the applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling, which requires a variance from the side yard setback requirements in the R-1 zoning district. He shared an image of the subject property outlining its location. The subject parcel is 15,110 square feet and is guided as low-density residential on the Comprehensive Plan. The previous property owner constructed an addition on the backside of the garage and the side of the house, near the southern property boundary line. The applicant submitted a building permit application to demolish and reconstruct the 98 square foot addition to accommodate a wheelchair access ramp into the dwelling from the existing garage. page 25 The existing attached garage encroaches 5.2 feet into the required side yard setback area. However, no exterior improvements are included as part of the proposed project. The proposed addition to be reconstructed would be in the same footprint as the existing condition, would encroach 1.6 feet into the side yard and requires a variance. Since the nonconforming addition is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments. Planner Wall then shared the three standards of review for approval and shared how this proposal meets those standards. Mr. Michael Hayes, 2305 Apache Street, made himself available for comments or questions. Councilmember Duggan moved to adopt RESOLUTION 2016-49 APPROVING A VARIANCE AT 2305 APACHE STREET based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 G) RESOLUTION 2016-50, CONDITIONAL USE PERMIT AT 2535 PILOT KNOB RD — PLANNING CASE 2016-17 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to locate a weight -lifting training facility and vacant space within an existing multi -tenant building at 2535 Pilot Knob Road. He shared an image of the subject parcel in relation to surrounding streets and buildings within the Industrial District. City Code does allow for commercial recreation by Conditional Use Permit in the Industrial District. Derwin Weightlifting, LLC does provide weight lifting coaching and training for athletes of various skill levels. They are proposing to occupy approximately 1,400 square feet within the approximately 2,700 square feet of existing vacant space, which would be next to the Minnesota Crossfit use. The applicant suggested limited weekday operations from 5:00 p.m. to 8:00 p.m. and weekend hours yet to be determined. They anticipate attendance of 10-15 people at a time. As part of Ordinance 491, the City Council adopted several amendments to uses that were allowed in the Industrial District. Formerly, Conditional Use Permits allowed similar uses under the Participative Athletics designation, which included Minnesota Crossfit. That use designation was removed as part of the amendment and was replaced with Commercial Recreation when conducted within a completely enclosed building as a Conditional Use. In terms of this Conditional Use Request, staff interprets the use as qualifying for a Conditional Use Permit under the definition as a Recreational and Instruction and Participative Athletic Use, Fitness Center, or Sports Training Facility. Planner Wall then listed the standards of review for this type of Conditional Use Permit and explained how this proposal fulfills those standards. page 26 Mayor Krebsbach asked what the difference in hours is between what they proposed and what the City has allowed as a condition. Planner Wall stated that their proposed hours of operation are 5:00 p.m. to 8:00 p.m. and they have not identified what the hours would be on the weekends. Staff proposed the condition be added to be consistent with other similar uses in the area. Councilmember Duggan, in relation to condition 93 [A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building], asked what `additional' meant. Planner Wall replied that, if this use is permitted to occupy this building, if they are going to put up any signage that they would need to obtain the appropriate sign permit. Mr. Brian Derwin, Apple Valley, made himself available for comments and questions. Councilmember Duggan moved to adopt RESOLUTION 2016-50 APPROVING A CONDITIONAL USE PERMIT AT 2535 PILOT KNOB ROAD with conditions as stated in the resolution. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) ORDINANCE 496, AMENDING CITY CODE RELATING TO SUMP PUMP COMPLIANCE INSPECTIONS City Engineer John Mazzitello explained Ordinance 496, amending the City Code relating to sump pump compliance inspections. For the past year, the Council has been reviewing the idea of establishing a protocol for getting residential sump pumps disconnected from discharging to the sanitary sewer. The plumbing code no longer allows the practice. This ordinance would establish a policy and protocols in City Code and allow staff the process of going through the residential stock and looking at sump pumps. A summary of the amendments include: Section 1: Adds a definition defining CLEAR WATER Section 2: Inserts the term "clear water" into Code concerning discharges to the sanitary sewer Section 3: Adds the ability for the City to implement a surcharge on non-compliant properties Section 4: Codifies requirement for clear water discharge Mayor Krebsbach noted this has been a topic at Council workshop meetings and is a common practice in other cities. The City of Mendota Heights differs in that they will not charge the residents for the two required inspections — the initial inspection and the final inspection to ensure disconnection. Councilmember Duggan asked if there could be a minimum amount of pumping permitted in the sanitary sewer system. Engineer Mazzitello replied that no pumping whatsoever is permitted into the sanitary sewer from a sump pump. The actual connection itself is considered illegal. page 27 Councilmember Povolny moved to adopt ORDINANCE NO. 496 AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CODE CONCERNING THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 I) AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR SUMP PUMP COMPLIANCE INSPECTIONS City Engineer John Mazzitello explained the time requirement and the intensity of the program would prohibit current city staff from performing the necessary sump pump compliance inspections. Therefore, staff is asking for authorization to seek professional services for sump pump compliance inspections. Staff proposed that Council utilize a portion of the Water Fund to fund the program. Staff estimates the cost to be approximately $180,000 to $220,000. Councilmember Duggan moved to authorize staff to seek professional services for completing the City's sump pump inspection program not to exceed $220,000. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 J) APPROVE POLICE CAPTAIN POSITION K) APPROVE COMMUNITY SERVICE OFFICER POSITION City Administrator Mark McNeill explained these two positions were recommended by the McGrath Consulting Group when they completed an organizational study for the Police Department earlier this year. The two positions recommended include a full-time police captain position and a half-time community service officer/student intern position for the department. Mayor Krebsbach noted for the public that the McGrath study is available on the City's website. Councilmember Norton moved to approve the position description and authorize staff to take the steps necessary to hire a Police Captain, that staff take the necessary steps to get actual costs for the necessary remodeling, and to approve the position description and authorize staff to take the steps necessary to hire a half-time Community Service Officer. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 28 L) APPROVE PART-TIME IT SPECIALIST POSITION Assistant to the City Administrator Tamara Schutta explained the request for a half-time Information Technology Specialist. Earlier this year staff advertised and received a couple of applications for an intern but realized that this would not really fit the needs. Staff is seeking support to advertise for a half-time Information Technology Specialist. The hourly rate would be $25.88 with an anticipated start date of August 1, 2016. Estimated cost for the remainder of the 2016 is approximately $18,600; including fringe benefits. Cost for the IT Specialist for 2017 is estimated at $43,000. Mayor Krebsbach asked if this position would become full-time in the future. Assistant to the Administrator Schutta replied that they could probably use a full-time staff person but are only requesting a half-time person right now. Councilmember Duggan moved to approve the position description and authorize staff to take the steps necessary to hire a half-time Information Technology Specialist. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: Summer rec programs start June 13. There is still time to register. Summer concerts start June 8 at Market Square Park. New Prescriptions will be playing. The Percolators have been rescheduled for August 31. COUNCIL COMMENTS Councilmember Petschel noted a record number of individuals served during Clean -Up Day — 373 vehicles came through to dispose of items. Planner Nolan Wall was commended on his role in making the day successful. She also recognized the firefighters who were involved in rescuing a 16 year old male victim who fell over the cliff, near the Pool and Yacht area. She mentioned the following individuals: S. Goldenstein, J. Taylor, D. Bogg, DJ Goldenstein, M. Winters, G. Skjerven, J. Mendez, P. Bietz, D. Johnson, D. Winge, C. Lane, F. Hazzard, J. Boland, H. Heidelberg, and J. Miller. Councilmember Povolny stated that this was a tough night. He wished to make it clear that as tough as it was on the people present, it was probably tougher on the Council. This was the toughest decision he has had to make in the six years he has been on the Council. page 29 Councilmember Duggan expressed his sadness at not being able to participate in the Celebration at Mendota Heights Parks due to family commitments. He also wished everyone a wonderful summer. Mayor Krebsbach acknowledged the Rogers Lake Association for cleaning up Rogers Lake and having all sorts of debris removed. They were assisted by a Boy Scout troop. She also noted that on Friday night she had gone down to Mendoberri and that it is a really terrific restaurant, as is the whole Mendota Village area. She stated that she watched the Parks Commission meeting and thought they did a nice job. She liked the tempo of the meeting. She agreed with Councilmember Povolny's comments on this being a tough night. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:36 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 30 Sb. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 21, 2016 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. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. revised agenda, adding item 9e. Accepting the Administrator/Human Resources. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved adoption of the Resignation of the Assistant to the City CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approve June 7, 2016 City Council Minutes. a. Approve June 7, 2016 City Council Minutes b. Approve On Sale & Sunday Intoxicating Liquor Licenses for Haiku Inc. c. Approve Massage License Renewals d. Resolution 2016-52 Appoint Election Judges for State Primary and General Election e. Approve Resolution 2016-54 Final Payment & Acceptance of the Somerset Storm Water Improvement Project f. Approve Resolution 2016-53 Critical Area Permit at 1920 Glenhill Road, Planning Case 2016-21 page 31 g. Approval of Easements Granted to the Board of Water Commissioners for the City of Saint Paul for Access to City Properties for Water Main Maintenance h. Approval of Sale and Purchase of Assets Agreement with the Board of Water Commissioners of the City of Saint Paul i. Acknowledge May 2016 Fire Synopsis j. Approve of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVE JUNE 7, 2016 CITY COUNCIL MINUTES Councilmember Duggan moved to table the June 7, 2016 City Council Minutes to have the meeting transcribed word-for-word. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Patrick Hickey, President of Rogers Lake Association, wished to speak about Rogers Lake. They started 10 years ago with residents wanting a clean recreational and fishing lake. They obtained grant monies to install the pier and an aeration unit for the fish. In 2012, they established Rogers Lake Property Owners Association to protect the long-term growth of Rogers Lake. They worked with the City to help Rogers Lake. They worked with the Lower Mississippi River Watershed Management organization to promote environmentally healthy practices as it pertains to the lake. They worked with the City in contributing funds to the weed control in the lake and to legalizing electric trolling motors on the lake. They worked with the Public Works Department to install signage, additional trash cans near gathering areas and at the fishing pier. On March 13, this City Council granted the association a license to utilize the right-of-way on Wagon Wheel Trail for landscape beautification. A number of members contributed time and labor in planting various dogwoods and other plants and fencing the shoreline on Wagon Wheel Trail so that the plants could grow. They worked with the City to place permanent signs denoting the shoreline restoration project as well as fishing available at the pier with arrows pointing the way. All of these efforts were put forth to promote safety and help deter the runoff of pollutants into Rogers Lake. Mr. Hickey was saddened to report that the plantings have been trampled, the fences have been cut down, many posts have been removed, and the signage has been thrown into the lake. He filed a vandalism report with the Police Department. They asked the City to discontinue their limited license that was granted to protect and beautify Rogers Lake. page 32 Mr. Hickey urged the City Council to recognize the hazards of run-offs, trash, and litter to the overall health of the lake. Additionally, to recognize the unsafe conditions that exist for drivers, bikers, walkers, and people fishing from this area. They asked the City to take immediate action to protect the health of Rogers Lake and eliminate the danger to walkers, bikers, drivers, and people fishing between the north and south sides of Rogers Lake. PRESENTATIONS A) PRESENTATION OF 2015 AUDIT — MATT MAYER, BERGAN-KDV Councilmember Duggan noted that he just received the information on this topic for review, as it was too detailed for him to read on his computer. Therefore, he would not be voting on this tonight. Mr. Matt Mayer of Kern DeWenter Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2015, which included the Annual Report & Basic Financial Statements and the Communications Letter. He stated that the City has a responsibility each year to prepare financial statements for the public, showing the City's financial position. KDV tests, examines, and gives an opinion on those financial statements so that users of them can be assured that it is a true and accurate picture of the City's financial position. Mr. Mayer reported that KDV was providing an unmodified opinion on the City's Financial Statements, which is the best that can be given. It means that the numbers presented are a true and accurate picture of the City's financial position. KDV also did a compliance audit, which is required by the State Auditor, on all of the State Statutes that apply to municipalities. They did have two minor findings this year; one related to some language on a collateral agreement at the bank, which has since been taken care of, and also there is a request from the State to follow-up on unclaimed checks. The finance team is working on some payroll checks that are more than a year old. Mr. Mayer then gave a very high level overview of the results of the finances for the year, the general fund, and the three enterprise funds. Mayor Krebsbach asked if they could assume that their AAA bond rating would hold. Mr. Mayer replied that they are not ones to speculate but he does not believe anything changed significantly that the raters would address. Councilmember Duggan moved to accept the report. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Duggan) page 33 B) MNDOT — HIGHWAY 110 REHABILITATION PROJECT UPDATE City Engineer John Mazzitello stated that the Minnesota Department of Transportation (MnDOT) has been going through a process in designing a construction project for Highway 110 that will be in construction next summer. He introduced Project Manager Molly Kline and the South Area Engineer Tara McBride to provide an update on the project and a summation of the neighborhood meeting. Mayor Krebsbach expressed her appreciation to District Manager Jon Solberg and others who met with the Crown Point Neighborhood. Project Manager Molly Kline explained that the project extends from Highway 13 and 55 on the west end to I-494 on the east end. The project still remains at $7.7M for an estimate; no cost to the City of Mendota Heights. Construction is planned for the summer of 2017. The scope of the work will include a mill and overlay of the pavement from just east of I -35E to I-494, a pedestrian grade separated facility to the east of Dodd Road, sign replacement, water resource drainage infrastructure replacement, and ADA updates and safety improvements. The construction impacts will include a 6 -week directional closure; eastbound would be closed for 6 weeks, followed by a 6 -week closure of westbound. With the type of work to be done and the volumes of traffic on Highway 110, the modeling shows that there would be numerous hours of back-ups if traffic were routed to one lane in each direction. The detour route will utilize I -35E and I-494 to try and keep as much traffic off of the local streets as possible. Business meetings have been scheduled for Wednesday, June 29 to go over the project in general, construction impacts on the local businesses, and tips learned through other construction projects. Councilmember Duggan asked if MnDOT has ever provided incentives for financial support to businesses during times of loss during construction. Ms. Kline replied that she is unaware of any incentives ever being offered but she will follow-up with that request. Municipal consent has been granted for the access closure on Dakota Drive and for two permanent drainage easements. Corridor -wide improvements, left -out moves eliminated, are to be included near the Mendota Heights United Church and the SonShine Learning Center. A U-turn at the signal on Delaware will be installed. It was noted that the daycare is getting a dedicated right -turn lane into their area. The Carmen Lane access and the Crown Point neighborhood access will be allowed to U-turn at a newly constructed area east of the ramps. Discussions were had on the purpose and results of the left -outs being eliminated but the left -ins remaining intact and the placements of merge lanes for U-turns. The wife of Dr. Stephen Sawyer of Mendota Dental Associates, located at The Village at Mendota Heights, commented they had bought this dental office in August 2015. They are already challenged with patients coming to a new dentist. A construction project would be a further detriment to their business. The complete closing of one direction of Highway 110 for 6 -weeks will have a huge impact on page 34 their business. She suggested that instead of closing a large segment of road, that they consider closing only the section being worked on and divert traffic onto the other side. Ms. Kline responded that the closure starts at I -35E and goes east to I-494. The biggest impact is east of Dodd Road with the pedestrian underpass going in; which is a big driver for the construction timing. With the volumes of traffic they modeled on Highway 110, it was determined that one lane traffic in each direction would not work. Councilmember Duggan noted that in 1992 when the sewer / water separation took place in Minnesota, his business at University Avenue — during this 8 -week project — lost 34% of its business. When the light rail transit was installed, which was over 2 -years, the majority of businesses lost upwards of 60+%, some as much as 80%. He believes that MnDOT should take a look and see if they can do anything to provide some incentives to the businesses being affected. Ms. Sawyer returned and made additional suggestions for segmenting the construction on Highway 110. Ms. Kline replied that they could look into her suggestions. No items scheduled. PUBLIC HEARING NEW AND UNFINISHED BUSINESS A) APPROVE SELECTIONS FOR THE PRE -QUALIFIED ENGINEERING/PUBLIC WORKS CONSULTANT POOL City Engineer John Mazzitello noted that back in September of 2015, staff began working with four other Dakota County cities in crafting a request for qualifications advertisement to be sent out to consulting firms for the purposes of getting pre -qualified consultants approved by the four cities. In February of 2016, the Council authorized staff to seek professional services for that purpose to establish a pool. Staff received 40 statements of qualifications from consulting firms. Staff requested that Council approve the consultants listed in the categories for general municipal services, landscape architecture, GIS, land surveying, natural and water resources, geotechnical and soil analysis, traffic transportation, construction inspection, and utilities. Staff also requested that Council authorize city staff to executive the contractual agreements with the consultants so they would be prequalified and no longer in need of submitting full proposals when the city desires to solicit work from a consultant. The City would give them a statement of work, they would reply back with a statement of understanding and a price. Mayor Krebsbach asked where the budget control would be on a situation like this. Engineer Mazzitello replied that the budget amounts for each project would be listed within the City's Capital Improvement Projects (CIP). page 35 Councilmember Petschel made the observation that there were no surprises on the list as many of them are consultants the City has used before and they know and trust. For information purposes Engineer Mazzitello listed the other municipalities as being Mendota Heights, Apple Valley, Rosemount, and Lakeville. Councilmember Duggan moved to approve the recommended consulting firms for the Mendota Heights Pre -Qualified Consultant Pool and authorizing staff to execute master agreement contracts with each of the selected firms. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) HIRING OF TEMPORARY POLICE ADMINISTRATIVE SUPERVISOR Councilmember Duggan asked if this topic should be tabled as Council just received the packet of information, which is quite extensive. He also asked if this should be advertised to the public due to the large amount of money involved. Mayor Krebsbach requested that the idea of tabling come after hearing from the City Administrator. City Administrator Mark McNeill explained that earlier this year, the City hired McGrath Human Resources Group to perform an organization study of the Mendota Heights Police Department. In April 2016, the Council reviewed the study which included 20 recommendations, ranging from policy reviews and technology changes and personnel additions. One recommendation included the addition of a Police Captain position. The City Council gave authorization to proceed to hire for that position at their last Council meeting. Staff has investigated alternative actions that could be taken until the position could be filled. They recommended that Council authorize filling the position of Police Captain on a temporary basis while the recruitment and hiring of the permanent position is underway. Administrator McNeill noted that the firm that did the study, McGrath Human Resources Group, contracts out personnel for interim positions. Having interviewed everyone, McGrath is very familiar with the Mendota Heights Police Department; they know the people and the issues. Also, as outsiders, they can offer some fresh perspectives for the department. In speaking with McGrath, they recommended the lead person on their study — Mr. Ron Moser. He is available to fill this position in a temporary capacity; starting July 5, 2016. He would primarily be responsible for assisting the Police Chief in implementing the 20 recommendations that were made as a result of the study. Administrator McNeill emphasized that Mr. Moser is not a licensed peace officer in Minnesota; therefore, he would not be doing any police work. However, he has been a Police Chief in cities in Illinois and Iowa and has been a City Manager in Illinois. page 36 As a contract employee, Mr. Moser would not be eligible for benefits and the City would not be providing housing. A fully loaded Police Captain salary and benefits would be approximately $70/hour. It is anticipated that this position would be working 650 hours in the four-month timeframe, equating to approximately $45,500. Funding would come from the City's general fund reserves. Councilmember Duggan asked if the City is required to post this position for anyone who might want to apply. Administrator McNeill replied that this would be for a contract employee — a consultant — so there is no need to bid. When it is a full-time position, then yes, the City is required to post the opening. Councilmember Duggan requested an explanation of what this person would be working on. Administrator McNeill replied that the primary function would be to look at the 20 recommendations that McGrath gave and figure out a way to implement the ones that need to be implemented and fully investigate those that may not be. They would also be updating policies that have not been able to be addressed. Councilmember Duggan expressed his strong objection to the concept of spending money for people to look at policies when that should be an internal job. He was also not comfortable with the lack of a job description. Councilmember Povolny expressed that this is something that needs to be done to move forward and unite the Police Department. Waiting six months to hire a captain does not get the process rolling. Councilmember Povolny moved to authorize the execution of an agreement to provide approximately four months of temporary Administrative Supervisor staffing, with the McGrath Human Resources Group of Wonder Lake, Illinois. Councilmember Petschel seconded the motion. Councilmember Duggan made a point of order that he was not finished with the discussion. City Attorney Tom Lehmann stated that since there was ongoing discussion, it should continue. If someone wants to end the discussion, the process would be to call the question, which would require a vote of three-fifths of the Council. If that succeeds, then the question is called and the debate ends and then the Council would vote on it. Since Councilmember Duggan had the floor, the discussion continued. He expressed his concerns about the budget and noted that everyone is aware of the challenges in the Police Department. However, he did not believe that the summary of recommendations addresses that. This has been put off for one reason or another since March and should not be put off any longer. However, Council should first delineate what it is that they want this Administrative Supervisor to do to fix this department and eliminate the toxicity. To him, there are fairly evident steps that could be taken. Having this consultant come in would be to delay it even further. There are quite a few things that the Council could do by themselves and by working with the Police Department. There being no additional comments, Mayor Krebsbach called for the vote. Ayes: 4 Nays: 1 (Duggan) page 37 C) RESOLUTION 2016-55 SUPPORTING REGIONAL SOLICITATION GRANT FUNDING FROM METROPOLITAN COUNCIL FOR THE CONSTRUCTION OF A BICYCLE / PEDESTRIAN TRAIL ALONG DODD ROAD (HIGHWAY 149) City Engineer John Mazzitello explained that this resolution would be in support of a grant application for constructing a bicycle/pedestrian facility along Dodd Road. There are two significant sections that are being looked at with this grant application. From Marie Avenue north to Delaware: The identified gap between Maple Street at The Village to Marie Avenue is incorporated in MnDOT's Dodd Road Project in 2018. The City has funds set aside in its MSA account to fund that project. There is no separated trail facility from Marie Avenue north to Delaware, pedestrians and bicyclists ride on the shoulder of Dodd Road From Decorah Avenue/Wagon Wheel Trail south to Mendota Heights Road: This section is part of the master plan document Dakota County has for the Mendota -Lebanon Hills Greenway Trail Project. This would be a joint application with Dakota County for construction of this trail facility. Earlier this year, the City received a grant from Dakota County through Statewide Health Improvement Program do to a feasibility study on constructing this trail. Their information would be used to augment the grant application to the Metropolitan Council looking for the construction funds for this facility. Staff anticipates the Marie to Delaware section to be in the $700,000 range and the Wagon Wheel Trail to Mendota Heights Road section to be in the $500,000 range. Actual cost estimates have not been received. These are price tags that would not normally be afforded by the City so they are seeking grants through the Metropolitan Council to try to get the construction funds necessary to build these segments. The section from Marie to Delaware would be a city trail and the match for the grant would have to be paid by the City; anticipated to be 10% - 20% of the construction costs; municipal state aid funds are available to cover that match if successful in getting the grant. Because it is included in their master plan for the Greenway, the County would match the Decorah/Wagon Wheel Trail to Mendota Heights Road section if the grant application were successful. Councilmember Petschel asked, for clarification, that getting this grant does not finalize the final track of the trail from Lebanon Hills to The Plaza. Engineer Mazzitello confirmed. This is just one step in the process towards that ultimate goal. Councilmember Duggan asked what action the City would take if the grant was not received. Engineer Mazzitello replied that if the City is not successful in obtaining the grant, and if Council would still desire to build the trail, they would have to find the funds somewhere else. Councilmember Povolny moved to adopt RESOLUTION 2016-55, SUPPORTING APPLICATION FOR REGIONAL SOLICITATION GRANT FUNDS TO CONSTRUCT AN OFF-STREET TRAIL ALONG DODD ROAD (STATE HIGHWAY 149). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 page 38 D) APPOINTMENT OF REPRESENTATIVE TO THE DAKOTA COUNTY EAST WEST TRANSIT STUDY POLICY MAKER WORKSHOP City Engineer John Mazzitello explained that Dakota County embarked on a transit study that is going to look at east/west transit needs through Dakota, Washington, and Scott Counties. The technical advisory team that has been getting together over the past several months has come up with some demographics and some research. They are prepared to share that with Policy Makers in the affected communities. They are asking for an elected official or appointed commissioner to be appointed to the Policy Maker Team. They have a meeting on July 13 from 3:30 — 5:30 at the Eagan City Hall. There may be subsequent Policy Maker meetings further on down the road as the study develops. Mayor Krebsbach stated that she received a letter from Chair Nancy Schouweiler inviting her, or a designated elected official to attend. Mayor Krebsbach noted that she would like to attend the first one as this has been a key issue but would like another person to be an alternate with her. Councilmember Norton stated that he would like to be the alternate. Councilmember Petschel moved to appoint Mayor Krebsbach to the Dakota County East West Transit Study Policy Maker Team with Councilmember Norton as the alternate. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) ACCEPT THE RESIGNATION OF THE ASSISTANT TO THE CITY ADMINISTRATOR / HUMAN RESOURCES COORDINATOR City Administrator Mark McNeill stated that it was with great regret that Assistant to the City Administrator / Human Resources Coordinator Tamara Schutta has tendered her resignation after being with the City for five years. She has recently accepted a position at the City of Lakeville to be their Human Resources Manager. The majority of Ms. Schutta's work has been in Human Resources but she has also done a number of special projects for the City. With only a couple of modifications to the job description, Administrator McNeill recommended that Council fill the position very similar to what Ms. Schutta had been doing. Councilmember Duggan moved to accept the resignation of Tamara Schutta as Assistant to the City Administrator/Human Resources Coordinator with regret, effective July 6, 2016; to approve the revised job description for the position; and to direct staff to advertise for her replacement. Councilmember Povolny seconded the motion Councilmember Duggan commented that some have been blessed and privileged to have Tammy work behind the scenes. She did it in a quiet and unassuming way that it was hardly known she was there. page 39 That, to him, is the best type of employee to have. He expressed his appreciation for the work that she has done to make the City a much better place. Lakeville's gain is Mendota Heights' loss. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The Henry Sibley Baseball Team won the State 3A Baseball championship, defeating Mahtomedi by a score of 8-4. Mayor Krebsbach read the statement published by the Pioneer Press. • Visitation High School Junior Anni Heck won the class 2A State Golf Championship. • Cliff Timm Fishing Derby is scheduled for June 23 at Rogers Lake, starting at 5:30 p.m. • Vinnie Rose is playing at Market Square June 22 starting at 6:30 p.m. • July 1, 2016 has been proclaimed as Mom's Club of Mendota Heights Day. They will be having an event on July 1 at the park and invited past moms and present moms of the group and their children to Mendakota Park starting at 10:00 a.m. A fire truck will be there, a police car, and face painting. At 11:30 to 12:30 p.m. they will be providing a free pizza lunch. COUNCIL COMMENTS Councilmember Petschel brought up an article from the Pioneer Press on Father's Day. It involved a Mendota Heights couple, Louis and Kelsey Baumgartner, and was a story about a father who is a hero and all of the challenges this couple has faced within the last year. Complete article can be found at http://www.twincities.com/2016/06/18/fathers-day-guillain-barre-syndrome-mendota-hei_ ts/ . She also noted an article where the Metropolitan Council is asking the City of Eagan to take a second look at Highway 149/55 potential traffic issues with the Viking development. Councilmember Duggan asked if there would be a fireworks display at Mendakota this year. The reply was that there would be fireworks on July 4th. He also gave the following reminders: • If anyone knocks on your door offering to cut down tree limbs, etc., they need a permit from the city. If they do not have one, call the Police Department. • Residents should also pay attention while having recreational fires; and check with neighbors to ensure there are no disturbance issues. • Drive safe Mayor Krebsbach wished: • Retrospective Happy Father's Day to all fathers and grandfathers • Happy Fourth of July • Congratulations to all of the graduates ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:29 p.m. Sandra Krebsbach Mayor ATTEST: Lorri Smith City Clerk page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 page 41 Sc. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSON MINUTES June 28, 2016 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 28, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Jr., Commissioners Michael Noonan, Mary Magnuson, Christine Costello, and Brian Petschel. Those absent: Commissioners Howard Roston and Doug Hennes. Others present were City Planner Nolan Wall and Public Works Director/City Engineer John Mazzitello. Approval ofAgenda The agenda was approved as submitted. Approval of May 24, 2016 Minutes COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO TO APPROVE THE MINUTES OF MAY 24, 2016, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 2 Hearinms PLANNING CASE 92016-19 Blue Horizon Energy, LLC, 675 — I" Avenue Conditional Use Permit City Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a roof -mounted solar energy system. He then shared an image of the property location and noted that it was completely surrounded by R-1 zoned properties. The subject parcel is approximately 19,000 square feet, contains a single-family dwelling that is currently under construction, and is guided low-density residential in the Comprehensive Plan. The City Council recently passed Ordinance 485, which created standards for alternative energy systems as part of Planning Case 2015-34, which permitted solar energy systems as a conditional use in all zoning districts, subject to conditions. Planner Wall then reviewed how the proposed solar energy system is compliant with those applicable city code standards, is compliant with the applicable safety and electrical code standards, and is also compliant with the general standards in the code for conditional use permits. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 page 42 Commissioner Noonan asked for an explanation of Condition 92, which reads "The applicant shall provide the appropriate authorization to the city concerning the interconnection agreement with Xcel Energy." Planner Wall replied that this is a requirement contained in the code for these types of systems. Basically it is an interconnection agreement between Xcel Energy and the property owner so that they would sell back a portion of that energy into the grid. Commissioner Noonan then asked if the system were sized so that it would not generate surplus power, would the City require that clause. Planner Wall replied in the negative. If there is no need for the interconnection agreement, then it would not need to be included as a condition. Mr. Brian Keenan, from Blue Horizon Energy, came forward and addressed Commissioner Noonan's question by stating that it is a standard procedure with Xcel Energy when anyone has a solar electric system that on some days it may produce more than is being used. Commissioner Magnuson asked how much energy is a system like this designed to produce. Mr. Keenan replied that this one is going to produce somewhere around 8,000 kilowatt-hours in an average year. An average home uses 10,000 -kilowatt hours in a year. Commissioner Petschel asked what happens to the inverter when there is a power outage. Mr. Keenan replied that it shuts down. If there ever a grid failure the inverter shuts down so that the homeowner is not powering the grid. Chair Field opened the public hearing. Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST, BASED ON THE FINDING OF FACT THAT THE PROPOSED PROJECT IS COMPLIANT WITH THE APPLICABLE CITY CODE REQUIREMENTS, AND WITH THE FOLLOWING CONDITIONS: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. The applicant shall provide the appropriate authorization to the city concerning the interconnection agreement with Xcel Energy. 3. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 4. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. page 43 93 94 AYES:5 95 NAYS:0 96 ABSENT:2 97 98 Chair Field advised the City Council would consider this application at its July 6, 2016 meeting. 99 100 PLANNING CASE 92016-20 101 Maris Kurmis, 1787 Lexington Avenue 102 Lot Line Adjustment 103 104 City Planner Nolan Wall explained that the applicant is seeking to adjust a shared interior lot line 105 and vacate existing drainage and utility easement. He then shared images of the subject parcels 106 affected. The property located at 1787 Lexington Avenue obviously fronts on Lexington Avenue 107 and the other is an undeveloped lot at the end of the Orchard Circle cul-de-sac, completely 108 surrounded by R-1 zoned properties. 109 110 The proposed adjustment does require City Council approval before being recorded by Dakota 111 County. The property owners of Lot 5 (1787 Lexington Avenue) are interested in selling 5,187 112 square feet of the existing rear yard to the owners of Lot 6, an undeveloped parcel on the Orchard 113 Circle cul-de-sac. The owners actually live at 1122 Orchard Circle. According to both parties, the 114 natural topography of the area in -question is better suited to be located on Lot 6 and would also 115 ensure that the existing vegetative buffer remains between the two properties. 116 117 The code does allow for subdivision of parcels provided that the resulting lots are compliant with 118 the requirements of the applicable zoning district. In this case, the proposed adjustment does not 119 create any non -conformity with the applicable R-1 lot district standards. The only setback that is 120 impacted is the rear yard setback for the existing dwelling on Lot 5, which still meets the 73 -foot 121 requirement by over 20 feet. 122 123 There are some existing accessory structures noted on the survey, which are proposed to be 124 removed and a corresponding condition of approval is included that ensures no additional non - 125 conformity are created. 126 127 The requested vacation of the existing drainage and utility easement that runs along the interior 128 property boundary line would then be transferred to the new line, which is included in the legal 129 description. In addition, the existing drainage and utility easement that runs along the north 130 property boundary line of Lot 6 would be extended through the property in -question. 131 132 Chair Field asked for clarification that the old lot line will disappear and the additional space would 133 be incorporated into that Lot 6; Planner Wall confirmed. 134 135 Mr. Maris Kurmis, representing both the buyer and the seller, came forward and explained that 136 most of the property that the sellers own from Lexington Avenue goes back approximately 365 137 feet, at which point the property drops eight to ten feet. That hill is covered with bushes and trees 138 and then there is another 32 feet on the bottom of that hill that seemed more suited to the buyers page 44 than somebody owning all of this on top and then having to go down and take care of another 32 feet below. He noted that the accessory structures have already been removed, including cement floors, foundations, and other debris. Chair Field opened the public hearing. Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE SUBDIVISION REQUEST, INCLUDING THE DRAINAGE AND UTILITY EASEMENT VACATION, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed adjustment will not cause any non -conformities on either parcel, based on the applicable zoning district standards. 3. The existing accessory structures on Lot 5 will be removed, so as not to create any non - conformities on Lot 6 as a result of the proposed adjustment. 4. The area in -question is better -suited to be included as part of Lot 6 due to the existing conditions. AND WITH THE FOLLOWING CONDITIONS: 1. Upon closing on the sale of the property, the property owners shall file the appropriate documents to record the proposed adjustment with Dakota County. 2. The property owners shall dedicate the required drainage and utility easement along the new interior side lot line and extend the existing drainage and utility easement along the new north property boundary line on Lot 6, as shown on the Certificate of Survey, with Dakota County. 3. All existing accessory structures shown on the Certificate of Survey will be removed prior to recording the proposed adjustment with Dakota County. AYES: 5 NAYS: 0 ABSENT: 2 Chair Field advised the City Council would consider this application at its July 6, 2016 meeting. PLANNING CASE 92016-23 Sean Carey, 2500 Lexington Avenue South Proposed Code Amendments — B-1 District Conditional Uses page 45 City Planner Nolan Wall explained that the applicant was requesting amendments to Title 12 -1F- 1 -B of the City Code concerning conditional uses in the B-1 Limited Business District. The applicant owns the property at 2500 Lexington Avenue South. Planner Wall then shared images of the property and the surrounding areas. The applicant formally occupied the existing 13,940 square foot office/warehouse building, which is currently vacant. The proposed amendment includes two additional conditional uses for consideration by the Planning Commission. The building on the subject property was constructed in 1991 for Turners Gymnastics Society and was issued a conditional use permit for a private athletic facility. Prior to purchasing the building, the applicant did appear before the City Council in 2006 to request an interpretation of B-1 zoning requirements with respect to the subject property and the proposed office/warehouse use. The applicant no longer operates that business and is now marketing the building for sale or lease. As a result, the existing permitted and conditional uses have proved somewhat problematic in attracting new users based on how the building is constructed and the potential code amendment process. The proposed amendment; therefore, provides clarity on what uses may or may not occupy the space and would allow future interested parties to potentially pursue a conditional use permit process without having to first go through a code amendment process. The applicant's request is to add "gymnastics business" and "office warehouse" as conditional uses to the B-1 district. Staff took the applicant's requests and has included their recommendations in the form of draft Ordinance 498, which included the following proposed conditional uses: 1. Commercial recreation, when conducted within a completely enclosed building 2. Offices of general nature where the operations include warehousing from the site Commissioner Noonan asked when the initial zoning establishing the B-1 district put in place; Planner Wall replied that he did not know. Commissioner Noonan then asked, in the district provisions, Planner Wall eluded that there was an outright prohibition in the B-1 area for warehouse; what year did that take place and what is the understanding of why that was done. Planner Wall noted that he had provided minutes from those meetings in the information packet and the applicant was party to that discussion. What is at issue here is that the current zoning does not allow the two uses that previously occupied the building. Another option could be to potentially rezone the property, but then there is the issue of having a different zoned commercial property than the surrounding properties. Commissioner Magnuson assumed that since this would be reviewed as a conditional use, the city then could create some restrictions and limitations with respect to large semi -trucks in the area, traffic impacts, and other impact issues that may arise as a result of some warehousing; Planner Wall confirmed her assumptions. page 46 Mr. Sean Carey, 665 Arcadia Drive, explained that he purchased the building 2006 and with Council's permission made a showroom, warehouse, and office space. The building was originally designed as a gymnastics studio in 1991 and was operated as such for 15 years. Chair Field opened the public hearing. Chair Field asked for a motion to close the public hearing. COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, RECOMMEND APPROVAL OF DRAFT ORDINANCE 498, AS PRESENTED. AYES: 5 NAYS: 0 ABSENT: 2 Chair Field advised the City Council would consider this application at its July 6, 2016 meeting. PLANNING CASE 92016-22 City of Mendota Heights Proposed Code Amendments — Massage Therapy Business Use City Planner Nolan Wall explained that the City was considering an amendment to Title 12 -1F -1- A of the City Code concerning permitted uses in the B-1 Limited Business District. Massage Elements, LLC currently operates at 750 Highway 110, in the Mendota Plaza development. Staff recently received a massage establishment renewal license from the current business owner to relocate into a new space at 1200 Center Point Curve. The existing location is zoned MU -PUD and the new location is zoned B-1 Limited Business. A business offering massage therapy services did formally operate in the space at 1200 Center Point Curve and was appropriately -licensed by the city from 2013 until 2015. Massage Elements will be occupying space within that same building. Upon further review, staff did conclude massage therapy business are not explicitly permitted to operate within the B-1 District despite massage licenses being issued in the past for businesses within the district. In order to address this issue and to ensure that the new business is operating in compliance with the appropriate zoning regulations and past practice, staff is proposing to amend the City Code to allow the use in the B- 1 District. The proposed amendment, which reads, "Massage therapy business, subject to licensing requirements of this code," is a permitted use in the B-2, B-3, B-4, and MU -PUD Districts. page 47 275 Currently, the only other massage therapy use is located at The Village, which is currently zoned 276 MU -PUD. However, staff does not anticipate a proliferation of massage therapy uses as a result of 277 this proposed code amendment. Title 3-6 of the City Code does require massage therapy uses to 278 have an establishment license and individual therapists must also be licensed; both of which must 279 be renewed annually. 280 281 Commissioner Magnuson noted that she was trying to reconcile the prohibition of retail sales in 282 the B-1 District with the ability to operate essentially a walk-in business that sells a service, albeit 283 a service that occurs on the premises; so a massage therapy/hair salon/nail place isn't really 284 considered a retail sale because the services are performed on the premises. Planner Wall noted 285 that the fact that this specific use would be permitted by the proposed amendment. If it weren't 286 specifically included, a case could be made that this would be a retail use and would not be allowed. 287 288 Commissioner Noonan noted that it had been indicated that a massage therapy establishment did 289 operate prior to now and asked how it was able to operate if it wasn't exclusively permitted in the 290 zone. Planner Wall replied that he would be making some assumptions because it was done 291 previous to his time here. However, his understanding of that particular business is that it offered 292 a number of different services, including massage therapy; and that may have been added after the 293 business already occupied the space. 294 295 Commissioner Magnuson recommended that maybe before this goes to the Council that it be run 296 by the City Attorney to ensure that the simple inclusion of massage therapy services doesn't 297 conflict with the notion of retail sales. It may be that the language could be tweaked just a little bit 298 to deal with that potential inconsistency to make it clearer — that is does not constitute a retail sale 299 because services are performed on the premises, or whatever. Planner Wall replied that he could 300 certainly ask for some clarification from the City Attorney with potentially some additional 301 clarifiers to answer that question. 302 303 Commissioner Noonan asked if the B-1 zone permits the full -range of medical or quasi -medical 304 type services (i.e. physical therapist, chiropractor, dentist). Planner Wall responded by listing the 305 currently permitted uses in the B-1 District. He then further responded that, in his opinion, there 306 is not another use in the B-1 zone that could be implied or somehow interpreted to be "massage 307 therapy", especially when it is specifically included in other districts. 308 309 Mr. Jon Faraci, the general manager of Sampson Development, came forward and explained that 310 they built the building in 2008 and noted that the B-1 District is a very limited zoning district. 311 However, when the previous owner and he came to City Hall and spoke with former city staff, it 312 was not an issue; the reason being because the zoning said "offices, offices of the human care", 313 and because of the location of a chiropractor within the B-1 District. He also theorized that there 314 is really no different between and bank and a retail establishment, yet banks are a permitted use. 315 He brought up other uses that tried to locate within his building but was not permitted because of 316 the limitations in the B-1 District (i.e. barber shop, salon). He urged the Commission to approve 317 this request because it had been approved before. 318 319 Chair Field opened the public hearing. 320 page 48 Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER COSTELLO, TO RECOMMEND APPROVAL RECOMMEND APPROVAL OF DRAFT ORDINANCE 497, AS PRESENTED Commissioner Noonan noted that is inclined to support the amendment mainly because of the history that was shared. It is compelling and certainly it gives an indication as to what was permitted before and the interpretation. He believes this ordinance does provide the clarification. Councilmember Petschel stated that he is inclined to support it as well. However, it would be nice to not have to have piece -meal approvals; possibly having an explicit definition of what retail is. Maybe a limitation on what percent of a business could be sold goods as opposed to a service rendered. Commissioner Noonan agreed that he would rather see these changes comprehensively. AYES: 5 NAYS: 0 ABSENT: 2 Chair Field advised the City Council would consider this application at its July 6, 2016 meeting. PLANNING CASE 92016-16 Mendota Mall Associates / Paster Properties, 720 Highway 110 — Mendota Plaza Conditional Use Permit for Planned Unit Development Amendment, Preliminary Plat/Final Plat, and Wetlands Permit City Planner Nolan Wall explained that applicant was seeking approval to amend a Planned Unit Development (PUD) Final Plan Development including Preliminary and Final Plat, and Wetlands Permit requests. The proposed development site is approximately 4.96 acres of undeveloped land in the northeast corner of the existing Mendota Plaza mixed-use development. It borders Highway 110 to the north, the Dodge Nature Center property to the east, and the Mendota Plaza development to the south and to the west. The Village of Mendota Heights is located directly across the highway to the north and would be linked to the proposed development by a future trail underpass as part of a county funded project. Planner Wall then shared additional background information that had been provided to the Commissioners in their information packet: 0 Project includes integrated commercial and high-density residential developments page 49 366 • Development team includes Mendota Mall Associates and Paster Properties, and At Home 367 Apartments 368 • Project to be constructed in two phases 369 o Phase One: includes construction of the private access drive, high-density residential 370 development, public amenities, landscaping, and preliminary grading; commencing as 371 soon as possible and completed in approximately 18 months 372 o Phase Two: includes construction of the commercial development and final grading; 373 commencing as soon as future tenants are committed to leases and each commercial 374 building will take 8-12 months to construct, which may not occur concurrently 375 376 Planner Wall noted that as part of the PUD process, the applicant received approvals for the master 377 plan of the entire mixed-use site. The proposed amendment is in response to changes in the real 378 estate market and additional site opportunities since the original PUD was approved. 379 380 Planner Wall then gave an analysis of the Comprehensive Plan, the Preliminary and Final Plat, 381 Proposed PUD Final Development Plan Amendment, commercial development, high-density 382 residential development, off-street parking, signage, lighting, wetlands permit, Dakota County 383 trail, Dodge Nature Center, and Development Agreement; all of which had been included in the 384 information packet in greater detail. 385 386 Commissioner Noonan noted that it had been mentioned several times in the staff report about an 387 access permit pending from the Minnesota Department of Transportation (MnDOT). He then 388 asked if MnDOT had jurisdiction, notwithstanding the fact that they had previously issued an 389 access permit, to say no. Public Works Director/City Engineer Mazzitello stated that they had a 390 meeting not too long ago with MnDOT on this specific issue and they outlined the additional 391 information that they need from the applicant in order to process this permit. One of the issues that 392 came up was the area in -question was purchased from MnDOT by the applicant but that is 393 something that is going to come into play and once the applicant gets all of the information, 394 including the updated full traffic study for the development, MnDOT will come back to them with 395 what type of permitted access they are willing to give. Without speaking on behalf of MnDOT, he 396 noted that the feeling the in meeting was that it was positive and if they can work through these 397 issues that something is likely to happen with that permit. 398 399 Commissioner Noonan asked for confirmation that Council consideration of this matter is going 400 to be held in abeyance until such time as the answer is given on the access permit. Public Works 401 Director/City Engineer Mazzitello confirmed and noted that the City cannot approve a 402 development plan with an access point that is not permitted. Commissioner Noonan then asked 403 what sort of expectation is had with respect to a decision from MnDOT; how does it relate to the 404 60 -day rule. Public Works Director/City Engineer Mazzitello replied that one of the topics 405 discussed in the meeting was the timing of the permit and the application process. Walking through 406 that timeline, if everything falls into place, the decision from MnDOT would be received prior to 407 the action deadline for the application. The applicant would be free to extend if necessary. The 408 action deadline is currently August 24, 2016; however, to the extent that the required information 409 is not received by then, the applicant would have to take additional steps to voluntarily extend the 410 deadline. 411 page 50 412 Commissioner Noonan asked if the permit to provide the access were not approved, what would 413 that mean in terms of what the Commission was being asked to considered; does the application 414 come back because it would require fundamental rework and then the Commission would have 415 another chance to review the overall operation in light of no permit; Planner Wall replied in the 416 affirmative. 417 418 Commissioner Magnuson noted that in one of the renderings of the site there is a description of 419 the changes to Highway 110 where it appears that they are adding a turn lane or some type of 420 egress at the so-called private access drive. She then asked if it could be assumed that MnDOT is 421 on -board with this whole project to some extent or that they are actually going to do that; or is this 422 something that was put into the plan and no one knows if it actually will take place. Planner Wall 423 replied, without speaking on behalf of the applicant, that his understanding was that was the 424 purpose of the right-of-way access permit; which would be something to be negotiated between 425 MnDOT and the applicant. Public Works Director/City Engineer Mazzitello replied that part of 426 the application for the access permit would be the construction of a deceleration lane on the 427 eastbound Highway 110; that is part of the applicant's permit application and is not part of the 428 Highway 110 rehabilitation project. If MnDOT were not rehabilitating Highway 110, that would 429 be installed by the applicant as part of their access. 430 431 Commissioner Petschel, as someone who regularly takes a right at rush hour from northbound 432 Dodd on Highway 110, asked if there was any anticipation that people would be using that access 433 point as a shortcut to eastbound Highway 110. Public Works Director/City Engineer Mazzitello 434 speculated that the path from the BP access point on Dodd Road to this access point on Highway 435 110 is pretty convoluted going through the Plaza's parking lot. It may be more likely that people 436 would use South Plaza Drive and turn left at the White Pine building, then come across. However, 437 they would still have to negotiate through a lot of parking and business traffic; probably being 438 more trouble than it's worth for most drivers. 439 440 Commissioner Magnuson noted that Planner Wall mentioned a few times in his presentation that 441 "this is required by code, this is not being met in this application; however staff believes that what 442 is being proposed is reasonable" and then asked that because this is a PUD if the Commission 443 could use the code as guidance as opposed to requirement. Planner Wall replied in the affirmative 444 and noted that one of the issues with the R-3 zoning code is that it is fairly antiquated and he was 445 unsure if it has been updated to what current standards are. Therefore, arbitrarily holding an 446 applicant to those requirements, certainly in a PUD, seemed onerous. However, they were 447 reviewed and included as part of the analysis. 448 449 Commissioner Magnuson asked if there were sections of the application that were incomplete, as 450 it sounded to her during the presentation (i.e. parking issues, signage issues); she wondered if these 451 were things that, if this application were moved on to the City Council, staff would work on as this 452 goes through the process. Planner Wall replied that the application is complete because all of the 453 required materials have been submitted. There are some aspects that, due to the speculative nature 454 specific to the commercial development, that raise questions that need to be answered before the 455 ultimate final approval can be given. This particular development also has an extensive 456 Development Agreement, which has outlined various conditions that would be required to be page 51 457 included as part of that agreement. They are included in the staff report and encompassed as 458 conditions. 459 460 Commissioner Noonan asked if the Commission needs to see the Development Agreement in a 461 draft and if the Commission has any role in terms of looking at the Development Agreement to 462 make sure they are satisfied that is appropriately met the conditions approved. Planner Wall replied 463 that the Development Agreement goes directly to the City Council in concert with the 464 recommendation from the Planning Commission and the conditions that are included for approval. 465 466 Commissioner Noonan noted that it was mentioned in the presentation that more finalized plans 467 were to be brought forward; that presupposes that the applicant will bring forward a plan. He then 468 asked what would happen if the City does not find that plan acceptable. Planner Wall replied that 469 would essentially be negotiated as part of the Development Agreement process. 470 471 Commissioner Noonan, in respect to parking, expressed his appreciation of the analysis that was 472 completed by Stantec, as it was quite helpful. He then asked for confirmation that contractually 473 the developer will be obligated to maintain the 20 visitor parking spaces underground. Planner 474 Wall replied that is what staff is recommending. He then asked if an enforcement mechanism was 475 in place in case the building found that it needed more parking and poached into the visitor spaces. 476 Planner Wall replied that it could certainly be a component of that; enforcement of that is 477 essentially a management or operational issue. However, if it did present an issue that the City felt 478 needed to be addressed they could have a clause in the Development Agreement that seeks to 479 remedy that. Commissioner Noonan submitted that this would be more than a management issue 480 because of the potential to spill over into the community. 481 482 Commissioner Noonan asked what would happen if, notwithstanding the analysis that was done 483 that indicated that the parking is adequate, it was found that one of the components is not adequate. 484 What would the remedy be if it were found that there was a spillover in parking? Planner Wall 485 referred to the following conditions of approval: 486 487 3. As part of the proposed high-density residential use, the applicant shall make at least 20 488 underground spaces available for visitor/guest parking. 489 4. The proposed commercial development shall be limited to an appropriate square footage 490 of restaurant space to accommodate off-street parking demand and maintain consistency 491 with the traffic analysis, to be included as part of the amended Development Agreement. 492 493 He continued by stating that at least at this point, with the number provided for potential square 494 footage of the restaurant, that is what staff is basing their recommendation on as being acceptable; 495 therefore, it is staff's strong opinion that be memorialized in the Development Agreement to 496 establish that any inconsistencies with that square footage which would cause off-street parking 497 issues needs to be resolved by the applicant. 498 499 Commissioner Noonan continued by asking for confirmation that the staff report stated 20 visitor 500 spaces underground and 20 visitor spaces above ground; Planner Wall confirmed. Commissioner 501 Noonan noted that Condition 93 should be modified to make reference to 20 underground spaces 502 and 20 surface spaces; Planner Wall agreed. page 52 Chair Field requested clarification on the following: • The Commission's role was to make recommendation to the City Council • The City Council would make policy decisions, and • The City Council would take the Commission's input and negotiate the Developers Agreement Planner Wall confirmed and noted the three pieces to be voted upon: 1. Conditional Use Permit to amend the existing Planned Unit Development 2. Preliminary and Final Plat, including the vacation of the existing drainage and utility easements 3. Wetlands Permit request Mr. Phil Carlson, Consulting Planner from Stantec, noted that the analysis done suggested that the amount of parking is enough; however, the condition of approval should be that the actual use needs to stay within that parking and not create a parking problem; therefore, it's really up to the applicant to operate in such a way that does not create a parking problem. If they create a parking problem they have violated a condition of the approval and; therefore, the City could step in with other measures. Commissioner Petschel asked for clarification that the shared parking would be for the residential property. Planner Wall replied that the total 105 surface parking stalls is the total for the entire commercial development, which includes potentially restaurant and retail uses in the two buildings combined; no underground for the retail. Chair Field asked what the original setback was on the commercial buildings in the original PUD. Public Works Director/City Engineer Mazzitello replied that in the original PUD approval, they were set back slightly further than what is being proposed now. Chair Field then asked what the variance was. Planner Wall replied that they were proposing building setbacks of 42.92 feet for building one and 28 feet from the right-of-way for building two; front yard setback in the B-1 and B-2 districts are 30 feet. What is also worth consideration in this respect is that there is a significant right-of-way area between the highway and this particular property, which is left for a visual and vegetative buffer from the site as well. Planner Wall speculated based on previous staff reports and the non-dimensioned/scalable master plan included in the packet, that the original PUD setbacks were approximately 60 to 70 feet from the right-of-way line. Mr. John Kohler, architect with Paster Properties, approached the Commission and noted he and the development team were available for questions. Commissioner Magnuson asked have any consideration had been given to consolidating some of the signs; so instead of having three large pylon signs there could be only one. Mr. Kohler replied that this would be difficult based on the building placements. He then shared an image of the area and the proposed locations of the signs. Commissioner Noonan asked, as a follow-up to the suggestion made by Mr. Carlson, if a recommendation was advanced whereby the parking proposed is specifically called out in the Development Agreement and there was an obligation on the developers/owners to live within those page 53 549 numbers, and if operational problems emerged there would be a commitment to make the 550 necessary steps to bring it back into compliance and eliminate the overage; what would be his 551 reaction. Mr. Kohler replied that since they own the shopping center adjacent to this proposed 552 development and in consideration of the new bridge location, they do have a fallback plan to 553 address any potential parking issues. As far as specific uses/specific parking that is why they 554 worked with Mr. Carlson on working out specific square footages to accommodate what the 555 owner/developers felt was a comfortable worst-case scenario. He believes that if parking is going 556 to be a problem it would probably be a bigger problem for the retailers than for the residents. 557 558 Mr. Mike Cashill and Ms. Leanna Stefaniak with At Home Apartments came forward to address 559 the parking in the apartments. Mr. Cashill noted that the current development cycle has changed 560 with 70%-75% one -bedroom and 20% two -bedrooms; therefore, the parking requirements have 561 come down substantially. They are seeing most of the new developments in the Twin Cities be 562 approved at the 1.3, 1.4, to 1.5 cars per unit ratios and seeing actual registered car counts of 1.1 to 563 1.3 cars per unit. So they believed that the 1.6 cars per unit as being very generous. The 564 combination of retail and multi -family is a great mix. 565 566 Commissioner Noonan, referencing that these apartments would be at market rents, asked for a 567 definition of "market rents" for this building. Mr. Cashill replied that in the Twin Cities they are 568 seeing the rents that are needed for new construction costs are right in the $2/per square foot per 569 month rental range. For example, a 700 square foot apartment would rent for $1,400/month and 570 their rental sizes go from 650 square feet up to 1,400 square feet. Commissioner Noonan then 571 asked how these rates would relate to the affordability guidelines that the Metropolitan Council 572 has. Mr. Cashill replied that they are proposing strictly market rate for this location; transit 573 orientated development on the light rail or buildings that are adjacent to large business centers with 574 a large employment growth would be areas would be more amicable for affordability component. 575 This would mean rent caps for one -bedroom and two -bedrooms; examples would be $700 rent cap 576 for one -bedroom and $1,000 rent cap for two -bedrooms. 577 578 Commissioner Noonan asked if At Home were unable to get the $2/square foot rent per month, 579 would they be looking for any assistance in terms to fill the gap. Mr. Cashill replied that at this 580 particular time, this is a market rate project so they are not proposing an affordability component. 581 If that were to become an issue, then tax credits, bond financing, etc. would be a part of that 582 program; however, that is not their program for this project. 583 584 Commissioner Petschel asked if the parking slots are automatically assigned by units. The answer 585 was negative. He then asked if someone has a unit in the building if they would automatically get 586 a parking space or is that an additional charge. Mr. Cashill replied that typically an additional 587 parking spot would be $75/month. For example, there are often times single people who rent a 588 two-bedroom apartment and typically the garage spaces are rented for $75/month. Commissioner 589 Petschel then asked if, especially in an apartment building this close to a surface parking structure, 590 there was the potential for people foregoing the additional charge and just park in the surface lot. 591 In other words, would they need to post signs in the Plaza surface lot that reads No Overnight 592 Parking, etc. Mr. Cashill replied that they would definitely do that and show where people could 593 park. However, that decision has not been determined. They do have many properties where they 594 incorporate one parking spot for one -bedroom and two for two-bedroom apartments. page 54 Commissioner Costello stated that she noticed that there appears to be a trash enclosure between the two buildings; she then asked if there was a shared area for both commercial buildings. The answer was affirmative. She then noted that it appears that the materials would be different than the structures and asked if the plan was to build it with the same materials as the structures. Again, the answer was in the affirmative. She then asked if it would have a roof structure. The reply was, as this point, the thought was to not cover it because it actually keeps the area cleaner. Commissioner Petschel asked if the access road behind the retail building wraps around into the parking lot. The reply was that it was the drive-through for the potential restaurant space. Planner Wall reminded the Commission that the public hearing was held open from the last meeting. Chair Field asked for a motion to close the public hearing. COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 ABSENT: 2 COMMISSIONER COSTELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT, PRELIMINARY/FINAL PLAT, AND WETLANDS PERMIT REQUESTS, INCLUDING DRAINAGE AND UTILITY EASEMENT VACATIONS, BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed amendment to a Planned Unit Development Final Development Plan is consistent with the Comprehensive Plan and applicable City Code requirements for such a development. 2. The proposed project utilizes the planned unit development (PUD) zoning flexibility to enhance development of the property without negatively impacting surrounding land uses and natural resources. 3. Construction of the proposed high-density residential development accounts for a significant amount of the Metropolitan Council's Year 2040 forecasted population and household increases. 4. The proposed project is designed to minimize impacts on the wetland areas and is consistent with the previously -approved PUD. 5. The proposed trail and pedestrian connections included as part of the proposed project will facilitate recreational opportunities. AND WITH THE FOLLOWING CONDITIONS: 1. The applicant shall draft appropriate amendments to the existing Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Council. 2. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Engineering Department and Saint Paul Regional Water Service. page 55 641 3. As part of the proposed high-density residential use, the applicant shall make at least 20 642 underground spaces and 20 surface spaces available for visitor/guest parking. 643 4. The proposed commercial development shall be limited to an appropriate square footage 644 of restaurant space to accommodate off-street parking demand and maintain consistency 645 with the traffic analysis, to be included as part of the amended Development Agreement. 646 5. The applicant shall submit a comprehensive signage plan for the proposed multi -tenant 647 commercial buildings that is compliant with the applicable design standards and City Code, 648 to be reviewed by the Planning Department and included as part of the amended 649 Development Agreement. 650 6. Rooftop mechanical units shall be of a low profile variety. All ground -level and rooftop 651 mechanical utilities, other than low profile rooftop units, shall be completely screened with 652 one or more of the materials used in the construction of the principal structure, to be 653 reviewed by the Planning Department and verified as part of the building permit review 654 process. 655 7. Plant material shall be utilized as a screening element for building utility areas, but shall 656 not obstruct fire department connections or hydrants, to be reviewed by the Planning and 657 Fire Departments and verified as part of the building permit review process. 658 8. All loading service, utility and outdoor storage areas shall be screened from public roads 659 and adjacent differing land uses. When natural materials are used as a screen, the screen 660 shall achieve 75% opacity year round. 661 9. A performance bond or letter of credit shall be supplied by the applicant in an amount equal 662 to at least one and one-half (11/2) times the value of such screening, landscaping, or other 663 improvements, to be included as part of the Development Agreement. 664 10. The owner, tenant and their respective agents shall be jointly and severally responsible for 665 the maintenance of all landscaping in a condition presenting a healthy, neat and orderly 666 appearance and free from refuse and debris. Plants and ground cover which are required 667 by an approved site or landscape plan and which have died shall be replaced as soon as 668 seasonal or weather conditions allow. 669 11. A revised Lighting Plan shall be submitted that includes proposed building lighting and 670 any additional lighting within the MnDOT right-of-way, to be reviewed by the Planning 671 and Engineering Departments and included as part of the amended Development 672 Agreement. 673 12. The final Storm Water Modeling Report shall be signed by a currently licensed 674 Professional Engineer in the State of Minnesota. 675 13. Stream flow and corresponding culvert sizing shall be completed using Atlas 14 rainfall 676 quantities. 677 14. The proposed deck encroachment into Outlot A shall be addressed in the amended 678 Development Agreement. 679 15. The required traffic report requested by MnDOT shall be signed by a currently licensed 680 Professional Engineer in the State of Minnesota. 681 16. A MnDOT Right -of -Way Access Permit shall be obtained for the proposed access to STH 682 110 as shown in the proposed plans prior to final approval. 683 17. The proposed water system shall be designed and constructed to Saint Paul Regional Water 684 Service (SPRWS) standards, including written approval of the design layout prior to final 685 City Council approval. page 56 18. The proposed common sanitary sewer line serving both commercial buildings shall be placed within and drainage and utility easement equal in width to twice the depth of the sewer pipe. 19. A profile (elevation) view of creek crossing depicting utility locations and separation distance from creek culvert shall be provided and approved by SPRWS. 20. The proposed trail connection to the Mendota -Lebanon Hills Greenway Trail shall be coordinated with Dakota County, including a written agreement prior to issuance of a building permit. 21. A cut/fill analysis shall be provided along with final building permit plans denoting the amount of material export/import expected for the complete development. 22. Proposed retaining walls in excess of four feet in height shall require engineering design provided with the building permit application. 23. The applicant shall begin the work authorized by the wetlands permit within ninety (90) days from the date of issuance of the permit or obtain an extension as permitted by City Code. 24. The applicant shall complete the work authorized by the wetlands permit within the twelve (12) months from the date of issuance of the permit or obtain an extension as permitted by City Code. 25. Building and grading permits shall be obtained from the City prior to construction commencement. 26. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 27. Drive lane access into and out of the off-street parking areas to the building's front doors shall be unimpeded and a minimum of 20 -foot -wide clear access. 28. The radiuses on the Outlot B shall be such that fire truck turning movements are unimpeded, to be reviewed and approved by the Fire Department. 29. The underground storm water structure in Outlot B shall support fire equipment weight if required to be driven over by a fire truck. 30. No Parking signs shall be posted around Outlot B. 31. All applicable fire and building codes, as adopted/amended by the City, shall apply and the buildings shall be fully -protected by an automatic fire sprinkler system. AND WITH THE MODIFICATION TO STAFF RECOMMENDATION NUMBER 3 TO INCLUDE THE 20 SURFACE PARKING SPACES Councilmember Noonan also proposed a friendly amendment that picked up on the suggestion that Mr. Carlson recommended; of 32. The Development Agreement specifically identify the parking proposed within the Development Plan being 105 commercial, 237 residential, including 40 visitor spaces and that there is a commitment on the part of the developer to live within those numbers and that if problems emerge that they will take immediate steps to mitigate parking problems. Commissioner Costello agreed to the amendment. page 57 AYES: 5 NAYS: 0 ABSENT: 2 Chair Field advised the City Council would consider this application at its July 6, 2016 meeting. Verbal Review Planner Wall gave the following verbal review: PLANNING CASE 92016-11 All Energy Solar, 1002 Oxford Court Conditional Use Permit for a Solar Energy System • Approved by the City Council as recommended by the Planning Commission PLANNING CASE 92016-14 TruNorth Solar, LLC, 701 Mendota Heights Road — Friendly Hills Middle School Conditional Use Permit for a Solar Energy System • Approved by the City Council as recommended by the Planning Commission PLANNING CASE 92016-12 Richard Dugan, 2165 Timmy Street Variance Request • Approved by the City Council as recommended by the Planning Commission • Note: the City Council did accept the Planning Commissions recommendations specific to the compromise between what the applicant wanted and staff's recommendation PLANNING CASE 92016-13 Scott and Nancy Knowlton/John Steenberg, 810/804 Ridge Place Lot Split and Variance Request • Approved by the City Council as recommended by the Planning Commission PLANNING CASE 92016-15 Michael Hayes, 2305 Apache Street Variance Request • Approved by the City Council as recommended by the Planning Commission PLANNING CASE 92016-17 Derwin Weightlifting, LLC, 2535 Pilot Knob Road — Pilot Knob Service Center Conditional Use Permit • Approved by the City Council as recommended by the Planning Commission PLANNING CASE 92016-21 Joe Juliette, 1920 Glenhill Road Critical Area Permit page 58 777 • As required by code, this item was taken directly to City Council and was approved at their 778 last meeting 779 780 Staff and Commission Announcements 781 782 • The 2016 Street Reconstruction Project is underway, the contractor has torn the pavement 783 off of Mendota Road and is reclaiming the pavement in the Warrior Drive Subdivision 784 o The Warrior Drive Subdivision should be completed by early August 785 o Mendota Road should be completed by Labor Day 786 • Highway 13 is going to be closed again for the completion of the slope stabilization project 787 for the property on Woodridge 788 o Anticipated closing date of July 5 and will reopen after MnDOT inspection of the 789 highway and remediation efforts on the pavement 790 o Anticipated to be reopened on September 2 791 792 Adiournment 793 794 COMMISSIONER MAGNUSON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 795 ADJOURN THE MEETING AT 9:09 P.M.\ 796 797 AYES:5 798 NAYS:0 799 ABSENT:2 1101 Victoria Curve N Tendo' Page 59 , la 651,452.3850 phone 5d. w ww rn endota • hel ofCITY OF Mj MEN007A HE4GHTS Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of Massage License Renewal COMMENT: BACKGROUND Pursuant to Mendota Heights City Code 3-6-2: No person shall provide massage services or engage in the business of operating a massage enterprise, or in connection with any other city business enterprise without first obtaining a license. The licenses run from July 1 through June 30 of each year. DISCUSSION An application for renewal has been received from: Massage Therapists working at Green Lotus Yoga and Healing Center: • Mariah Bowen All of the required documentation has been received and the fees have been paid. A background investigation has been conducted by the Mendota Heights Police Department resulting in no negative findings on the applicant. RECOMMENDATION Staff recommends the Council approve the renewal of the massage license for Mariah Bowen for the period of July 1, 2016 through June 30, 2017. page 60 Se. 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , mCITY OF MENDDTA HEIGHTS DATE: July 6, 2016 TO: Mayor, Council, and City Administrator FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: New Taser Purchase COMMENT: INTRODUCTION: During the 2016 budget cycle replacement of existing equipment was approved as a capital expense. A quote has been received, finance advised that the funds are available and we are seeking approval to replace existing equipment. BACKGROUND: Mendota Heights Police officers carry, as part of their standard department issued uniform and equipment, Conductive Electrical Weapons (CEW), more commonly known as Tasers. The CEW currently carried by our officers is the Taser X26. Taser has since ceased production and service of this model as technological advances have necessitated new, more efficient devices. The new device currently produced, serviced and endorsed by Taser is the Taser X26P. We have received a quote from Taser for the purchase of 17 X26P Taser CEW's with a total cost amount of $16,066.68. Included in the price are the CEW's, required batteries, holsters, data download hardware and shipping and handling costs. With the X26P's we purchased in 2015 to replace defective units, we will have enough CEW's to equip each officer with a new device and have some in reserve should one break. The Tasers are an accounted for line item on this year's budget for the amount of $16,500.00. Please see the attached quote. BUDGET IMPACT: The cost of replacing all CEW's and related / required equipment for all department members was budgeted for in a capital outlay item approved by the Mendota Heights City Council to replace all CEW's in 2016 for a cost of $16,500.00. The attached quote from Taser International for all needed CEW's and related equipment is $16,066.68, which is $433.32 under the approved Capital Outlay item. Attached is the Taser purchase quote. RECOMMENDATION: Staff recommends that the Mendota Heights City Council authorize the purchase of the 17 new Tasers. page 61 TASER International Protect Life. Protect Truth. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 T Fax: (480)999-6160 Tanner Spicer (651)452-1366 tanners@mendota-heights.com ITEM # Quotation UNIT PRICE TOTAL BEFORE DISCOUNT Quote: Q-69376-2 NET TOTAL 17 Date: 6/16/2016 10:45 AM HANDLE, YELLOW, CLASS III, X26P USD 931.45 Quote Expiration: 7/15/2016 USD 0.00 USD 15,834.65 Contract Start Date*: 7/15/2016 22010 PPM, BATTERY PACK, STANDARD, X2/ X26P Contract Term: 1 year USD 958.97 USD 958.97 AX Account Number: 12 11501 132197 Bill To: Ship To: USD 643.08 Mendota Heights Police Dept. - MN Tanner Spicer 11504 1101 VICTORIA CURVE Mendota Heights Police Dept. - MN USD 275.55 Mendota Heights, MN 55118 1101 VICTORIA CURVE 1 US Mendota Heights, MN 55118 USD 170.52 USD 170.52 US USD 0.00 SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD Steve Hartfield (480) 515-6318 steveh a,taser.com Fedex- Ground Net 30 *Note this will vary based on the shipment date of the product. This quote contains a discount for the trade -up program, and is intended to cover the purchase of additional accessories and cartridges related to the purchase of a new CEW. The discount is applied to the handle, holster, and battery or the first year TASER Assurance Plan payment. The Certificate of Destruction must be completed and submitted with your signed quote/purchase order to obtain the trade -up credit. Hardware QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISCOUNT (S) NET TOTAL 17 11003 HANDLE, YELLOW, CLASS III, X26P USD 931.45 USD 15,834.65 USD 0.00 USD 15,834.65 17 22010 PPM, BATTERY PACK, STANDARD, X2/ X26P USD 56.41 USD 958.97 USD 958.97 USD 0.00 12 11501 HOLSTER, BLACKHAWK, RIGHT, X26P USD 55.11 USD 661.32 USD 643.08 USD 18.24 5 11504 HOLSTER, BLACKHAWK, LEFT, X26P USD 55.11 USD 275.55 USD 267.95 USD 7.60 1 22013 KIT, DATAPORT DOWNLOAD, USB, X2/ X26P USD 170.52 USD 170.52 USD 170.52 USD 0.00 Hardware Total Before Discounts: Hardware Discount: Hardware Net Amount Due: USD 17,901.01 USD 2,040.52 USD 15,860.49 Page 1 of 2 page 62 Subtotal USD 15,860.49 Estimated Shipping & Handling Cost USD 206.19 Grand Total USD 16,066.68 TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's Master Services and Purchasing Agreement posted at http://Nvww.taser.com/legal. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent to TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Quote: Q-69376-2 Please sign and email to Steve Hartfield at steveh@taser.com or fax to (480)999-6160 THANK YOU FOR YOUR BUSINESS! `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. V 2013 TASER International, Inc. All rights reserved. Page 2 of 2 page 63 5 f. 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com mCITY OF MENDDTA HEIGHTS DATE: July 6, 2016 TO: Mayor, Council, City Administrator and Chief of Police FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: Out of Metro Travel COMMENT. INTRODUCTION: City policy requires notification out of state travel. The Council is asked to approve out of state travel as required by policy. BACKGROUND: Chad Willson and Nick Gorgos will be attending Mutual Aid Assistance Group (MAAG) training at Fort McCoy in Sparta, WI in September. This is a scheduled annual training. MAAG Training: Included in membership dues Travel dates: September 25-30, 2016 Location: Fort McCoy, Sparta, WI Lodging: Included Meals: Provided and per GSA pricing maximum $110.00 Mileage: 174 miles one-way, round trip 348 miles. City Vehicle: 17.4 gallons of fuel @ $2.50 = $43.50 (Please note that if carpooling occurs, the cost will be reduced) Total estimated cost: $153.50 BACKGROUND: These are budgeted expenses. The money is available in the budget to cover the above mentioned costs. RECOMMENDATION: Authorize staff to attend the training as representatives of the City of Mendota Heights Police Department. page 64 5g. 1101 Victoria Curve I Mendota Heights V 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , mCITY OF MENDDTA HEIGHTS DATE: July 6, 2016 TO: Mayor, Council, City Administrator and Chief of Police FROM: Mike Aschenbrener, Chief of Police / Emergency Manager SUBJECT: Out of Metro Travel COMMENT: INTRODUCTION: City policy requires notification out of state travel. The Council is asked to approve out of state travel as required by policy. BACKGROUND: Chad Willson will be attending Mid -States Organized Crime Information Center training in Wichita, KS in August. This is a planned annual training conference. MOCIC Conference: $195.00 Travel date: August 23 to 26, 2016 Location: Wichita, Kansas Lodging: Hyatt Regency Wichita conference rate $95 night $285 Meals: 8 GSA maximum rate $142 Airfare: Estimated at $305 Rental car: Estimated at $123 Total estimated cost: $1050 BACKGROUND: These are budgeted expenses. The money is available in the budget to cover the costs. RECOMMENDATION: Authorize staff to attend the training as a representative of the City of Mendota Heights Police Department. 7101 victoria Curve I Men page 65 7..1.; 651 452.1850 phone 5h. www.mendota- T WON— of CITY OF NiENEDOTA HEIGHTS Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, Assistant City Engineer SUBJECT: Final Payment and Acceptance of the Sibley Memorial Highway Trail Improvement Project Project 9201514 COMMENT: Intrndnrtinn The Council is asked to take action to accept the work, and approve final payment for the Sibley Memorial Highway Trail Improvement project. Background The City of Mendota Heights has been working for several years on completing the bicycle/pedestrian trail along Highway 13 (Sibley Memorial Highway) from Riverside Lane to the bridge over Lilydale Road. The contract work for the Sibley Memorial Highway Bituminous Trail Improvement Project has been completed, inspected, approved and is ready for final payment. This will start on the one- year guarantee period. Discussion Total contract costs for this project were $231,254.08, not including engineering and overhead costs. The bid amount of this project was $122,293.00. In 2014, the City Council approved a change order of $93,598.13 for additional water main work. Budget Impact The cost of the trail extension will be covered by the City's Municipal State Aid (MSA) account, has been anticipated, identified, and budgeted as part of the City's five-year Street Improvement Plan (SIP). The final payment for this contract is $3,800.25. This amount is the retainage from the project. Recommendation Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2016-56 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB 9200514" Action Required If Council agrees with the recommendation, the should pass a motion adopting Rep tin No. 2016-56 "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB 9200514", by simple majority vote. page 67 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-56 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR JOB #200514 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights, on September 4, 2013, with Urban Companies, LLC of Forest Lake, Minnesota, has satisfactorily completed the improvements for the Sibley Memorial Highway Bituminous Trail Improvement Project Job 9200514, 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 $3,800.25, taking the contractor's receipt in full. Adopted by the City Council of the City of Mendota Heights this 6th day of July, 2016. ATTEST :• CITY COUNCIL CITY OF MENDOTA HEIGHTS BY Lorri Smith, City Clerk Sandra Krebsbach, Mayor page 68 Si. 1101 Victoria Curve I Mendota Heiynl,, YI:W �oi18 651.452.1850 phone 1 651.452.8940 fax www.mendota-heig hts.corn CITY OF MENDCITA HEIGHTS Request for City Council Action DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Joint Powers Agreement for Signal Revisions at I-494 and Pilot Knob Road COMMENT: Introduction The Dakota County has contracted to replace the traffic signals at the Interstate 494 on and off rams at County State Aid Highway (CSAH) 31, also known as Pilot Knob Road. Background As part of a statewide signal upgrade protocol, the signals at both intersections (north and south of I-494) will be upgraded to include a "flashing yellow arrow" left turn signal. Signal timing will be adjusted and minor crosswalk improvements will be made to bring the intersections into compliance with the Americans with Disabilities Act (ADA). Discussion The attached Joint Powers Agreement (JPA) establishes responsibility for the project and per County policy, establishes the cost share for the project. Project costs are divided with Dakota County paying 55% of the costs. Both the City of Eagan and the City of Mendota Heights would pay 22.5% (45% City share split evenly between the two cities). Budget Impact Under this JPA the City would be responsible for 22.5% of the total project cost (construction, design & administration). Based on the bid prices from Dakota County, the City of Mendota Heights would pay $4,300.00. This expense is small enough that it was not included in the City's Capital Improvement Plan, and can be paid out of the Infrastructure Fund account. There are sufficient funds available in this account to cover this expense. Recommendation/Action Required Staff recommends Council approve the attached Joint Powers Agreement for Signal Improvements. This action requires a simple majority vote. page 69 Dakota County Contract No's: C0027778 Eagan C0027779 Mendota Hts. JOINT POWERS AGREEMENT FOR SIGNAL REVISIONS BETWEEN THE COUNTY OF DAKOTA AND THE CITIES OF EAGAN AND MENDOTA HEIGHTS FOR COUNTY PROJECT NO. 31-81 CITY OF EAGAN PROJECT NO. CITY OF MENDOTA HEIGHTS PROJECT NO. SYNOPSIS: Dakota County and the Cities of Eagan and Mendota Heights agree to revise the traffic control signals at 1-494 and County State Aid Highway (CSAH) 31 north and south ramps in the Cities of Eagan and Mendota Heights, Dakota County. page 70 THIS AGREEMENT, made and entered into by and between the County of Dakota, referred to in this Agreement as "the County"; and the City of Eagan, referred to in this Agreement as "Eagan", and the City of Mendota Heights, referred to in this Agreement as "Mendota Heights" (collectively the "Cities") and witnesses the following: WHEREAS, under MINNESOTA STATUTES §§ 162.17, subd. 1 and 471.59, subd. 1, two or more governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, it is considered mutually desirable to revise the traffic control signals at 1-494 and County State Aid Highway (CSAH) 31 north and south ramps in the Cities of Eagan and Mendota Heights, Dakota County, County Project 31-81, the "Project"; and WHEREAS. this Agreement will not change any of the terms or conditions of the existing Minnesota Department of Transportation Traffic Control Signal Agreement No. 64139M which will remain in full force and effect after completion of the signal construction, except as defined for intersection lighting maintenance and energy costs provided for in this Agreement ; and WHEREAS, the County and Cities have included this Project in their Capital Improvement Programs and will share project responsibilities; and jointly participate in project costs associated with engineering, signal revisions, and related activities as set forth in this agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Plans and Specifications. The County shall prepare the necessary plan sheets, specifications, and proposals, consistent with State Aid design standards and the Dakota County Transportation Plan. County shall obtain the Cities' approval of the plans and specifications prior to advertising for bids. The County Board will award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. 2. Engineering and Inspection Costs. The County shall perform the engineering, contract administration, and inspection required to complete the items of work specified in this Agreement. The work described in this paragraph shall constitute "Engineering and Inspection" and shall be referred to as such in this Agreement. After deducting Minnesota Department of Transportation's (Mn/DOT) cost share, engineering and Inspection costs of the signal system revisions and all related incidental items shall be shared in the amount of 55% by the County, 22.5% by Eagan and 22.5% by Mendota Heights. page 71 3. Construction Costs. The contract cost of the work and, if portions of the work are not contracted, the cost of all labor, materials, and equipment rental required to complete the work shall constitute the actual "Construction Cost" and shall be referred to as such in this agreement. After deducting Mn/DOT's cost share, the Construction Cost of all the signal system revisions and all related incidental items shall be shared in the amount of 55% by the County, 22.5% by Eagan and 22.5% by Mendota Heights. 4. Siqnal Revisions. The County, by contract, shall revise the traffic control signal system at 1-494 and CSAH 31 north and south ramps. The work may be complete by contract with a contractor. 5. County Furnished Materials. Upon completion of the work and computation of the cost of County furnished materials, the County shall invoice the Cities for the Cities' share of the cost of materials furnished by the County. 6. Project Cost Updates. The County will provide updated cost estimates to the Cities showing the County and Cities' shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the County to the Cities at the following times: • prior to advertising a construction contract, • after bid opening (prior to contract award), • during construction if total contract changes exceed $25,000, • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, utility relocation, and construction. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective councils or boards regarding Project costs. 7. Payment. The County will administer the contract and act as the paying agent for all payments to the contractor. Payments to the contractor will be made as the project work progresses and when certified for payment by the County Engineer. The County, in turn, will bill the Cities for their share of the project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency will reimburse the invoicing agency for its share of the costs incurred under this agreement within 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. page 72 8. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the project cost participation must be approved by all Parties prior to execution of work. 9. Amendments. Any amendment to this Agreement will be effective only after approval by all governing bodies and execution of a written amendment document by duly authorized officials of each body. 10. Effective Dates for Design and Construction of Prosect. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2016. The forgoing notwithstanding, the terms of Paragraphs 8, 12, 14, 15 and 16 shall remain effective as long as the traffic control signal system at 1-494 and CSAH 31 north and south ramps is operational and the Paragraphs have not been superseded by a subsequent agreement between the parties. 11. Subsequent Excavation. After completion of the project regarding installation, and after expiration of the warranty period regarding repair, if excavation within the highway right of way is necessary to repair or install water, sewer, or other city utilities, the Cities shall restore the excavated area and road surface to its original condition at the time of the disturbance. The Cities will obtain a permit from the County for all work within County right of way and will be subject to all permit conditions. 12. Rules and Regulations. The County and the Cities shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 13. Indemnification. The County agrees to defend, indemnify, and hold harmless the Cities against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The Cities agree to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Cities and/or those of Cities employees or agents. All Parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. The County shall include the Cities as additional insured in the contract documents. 14. Acts of Employees. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the Cities for any purpose, including Worker's Compensation, or any and all claims that may or might arise out of said employment context on behalf of said employees page 73 while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said County employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the Cities. The opposite situation shall also apply: the County shall not be responsible under the Worker's Compensation Act for any employees of the Cities. 15. Audit. Pursuant to Minn. Stat. Sec. 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the Cities relevant to the Agreement are subject to examination by the County, the Cities, and either the Legislative Auditor or the State Auditor as appropriate. The County and the Cities agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 16. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the Cities regarding the project; whether written or oral. All agreements for future maintenance, operations, or cost responsibilities shall survive and continue in full force and effect after completion of the signal revisions provided for in this Agreement 17. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: Mark Krebsbach, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7102 mark. krebsbachanco.dakota.mn.us Russ Matthys, Public Work Director (or successor) City of Eagan 3830 Pilot Knob Road Eagan, MN. 55122 Office: 651-675-5000 rmatthys(a)cityofeagan.com John Mazzitello, Public Work Director (or successor) City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Office: 651-452- 1850 iohnrm(cDmendota-heights.com In all other respects, except as defined in section 6 of this agreement, the terms and conditions set forth in MnDOT Traffic Control Signal Agreement No. 64139M are effective and binding between and among the parties. [SIGNATURE PAGE TO FOLLOW] N:IHighwaylAgreements12016111-25 Signal AV & Burnsville C0027670.docx page 74 IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM City Attorney RECOMMENDED FOR APPROVAL: Public Works Director APPROVED AS TO FORM City Attorney CITY OF EAGAN By Mayor (SEAL) By City Clerk Date ------------------------------------------------------------------------ CITY OF MENDOTA HEIGHTS By Mayor (SEAL) By City Clerk Date DAKOTA COUNTY RECOMMENDED FOR APPROVAL: County Engineer COUNTY BOARD RESOLUTION No. 16-138 Date: March 1, 2016 a page 75 Physical Development Director Date APPROVED AS TO FORM: Assistant County Attorney Date - page 76 Sj. 1101 Victoria Curve I Mendota Heiynl,, YI:W �oi18 651.452.1850 phone 1 651.452.8940 fax www.mendota-heig hts.corn CITY OF MENDCITA HEIGHTS Request for City Council Action DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA - Public Works Director/City Engineer SUBJECT: Ordinance No. 500 —Adding Stop Signs on Laura Street at 1St Avenue COMMENT: Introduction Passage of an Ordinance is required in order to codify the legal placement of stop signs at 1St Avenue and Laura Street. Background A resident contacted City staff to review the status of the 1St Avenue and Laura Street intersection. The request was that the City consider installing stop signs on Laura Street; 1st Avenue would remain a through street with no stop sign. The Traffic Safety Committee reviewed the request. Several committee members drove the intersection to assess if they believed a stop sign was warranted. After the review, the Traffic Safety Committee recommends codifying and installing stop signs on both the northbound and southbound of Laura Street at 1 st Avenue. Discussion 1St Avenue and Laura Street is a somewhat blind intersection, especially at the southeast corner where topography and plantings obscure sight distance. 1St Avenue has much more daily traffic than Laura Street, so as the primary purpose of a stop sign is to regulate which street has right- of-way over another street, stop signs at this intersection make sense. Budget Impact New stop signs cost about $350.00 each. Public Works staff can install the signs, and the cost of the signs would be paid for out of the Street Division's Street Sign and Post budget line item. Recommendation/Action Required Staff recommends Council approve ORDINANCE NO. 500 - AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, page 77 MINNESOTA, CONCERNING DESIGNATION AND PLACEMENT OF STOP SIGNS. This action requires a simple majority vote. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 page 78 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 500 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, CONCERNING DESIGNATION AND PLACEMENT OF STOP SIGNS THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS ORDAINS: The amendment as follows to require the designation and placement of stop signs on northbound and southbound Laura Street at 1St Avenue in Mendota Heights. Section 1. Title 6-3-1-A is hereby amended as follows to add: Th rou h Streets Stop Streets 15t Avenue Laura Street Section 2. 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 July, 2016. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 79 1101 Victoria Curve I Mendota Sk. 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , T CITY OF MENDOTA HEIGHTS MEETING DATE: July 6, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Personnel Action Items Item 1: Approval of 2016 Seasonal Staff Pay Matrix Minnesota passed a new minimum wage law that took effect August 1, 2014. The City of Mendota Heights is considered a large employer so we are required to pay a minimum wage. The minimum wage rate is scheduled to increase to $9.50 on August 1, 2016. Currently the starting pay for Recreation Staff I is $9.00 per hour. Step 2 is $9.25. Staff is proposing the following hourly rate structure for Recreation Staff I to comply with the Minnesota Minimum Wage Law. Recreation Staff I Step 1 Step 2 Includes Clubhouse Worker, Rink Attendant, Parks/Tennis Helper $9.50 $9.75 Staff recommends approving the 2016 Seasonal Staff Pay Matrix. The following seasonal employees will receive a wage increase due to the changes in the minimum wage rate. Chris Clark Clubhouse Worker $9.75 Jim Knox Clubhouse Worker $9.50 Grant Poole Clubhouse Worker $9.50 Max Schway Clubhouse Worker $9.75 Jeff Skaar Clubhouse Worker $9.75 Taylor Spreeman Clubhouse Worker $9.50 Adam Masica Field Attendant $9.50 Attachment • 2016 Seasonal Staff Pay Matrix Item2 : Approve Amended Police Captain Position Description At the June 7t' council meeting, the city council approved position descriptions and authorized staff to begin the recruitment process for a police captain. City staff along with Mr. Ron Moser, McGrath Consulting, reviewed the description one more time before advertising for the position. Mr. Moser provided a few suggestions and staff corrected administrative errors (formatting, etc.). Changes included the following: page 80 • A minimum of 3 years was added to supervisory experience. • Ability to communicate effectively orally and in writing was moved from desired qualifications to the qualifications section. • Work schedule possibilities was modified to reflect that this position is an exempt position. • Psychological evaluation, and a physical examination including drug testing was added to miscellaneous information. Staff has amended the position description and the city is currently accepting applications for the captain position through Wednesday, July 20, 2016. The employment opportunity is currently being advertised through the League of Minnesota Cities website, the Minnesota Department of Public Safety and the City's website. The announcement has also been email to other police departments within Minnesota. Staff is recommending approval of the amended police captain's job description. Attached: • Police Captain Position Description BUDGETIMPACT Funding for personnel actions items are provided for in the 2016 budget. RECOMMENDATION Staff recommends that the Mendota Heights City Council approves the actions requested above for these two items. page 81 City of Mendota Heights 2016 Seasonal Staff Pay Matrix Pay Matrix for Part Time Seasonal Recreation Employees Step 1 Step 2 Step 3 Step 4 Recreation Staff I: 9.50 9.75 • This class includes entry level recreation positions. 9.50 9.75 10.25 10.50 • includes Clubhouse worker, Rink Attendant, Parks/Tennis Helper, 12.00 12.25 12.50 12.75 Field Attendant. 22.00 22.25 22.50 22.75 Recreation Staff II: • This includes positions which oversee youth without direct supervision, 9.75 10.00 10.25 10.50 and may have contact with parents regarding programs and youth. • includes Tennis Assistant, Recreation/Playground Assistant, Rink Flooder Public Works Seasonal Staff Positions consist of seasonal public works staff in the parks, streets and utilities divisions of the public works department. Responsibilities are determined by division but primarily consist of assisting regular full-time 10.00 10.25 10.50 10.75 public works employees with seasonal job assignments. Responsible for the safe operation of maintenance equipment and performance of all other assigned duties. Recreation Staff III: • This includes positions which serve as an on-site leader for recreation 12.00 12.25 12.50 12.75 programs, participates in program planning and serves as a first point of contact for parents and staff alike. *13.00 *13.25 *13.50 *13.75 • includes Tennis Lead, Par 3 Instructors Assistant • Recreation/Playground Lead* Instructors Instructors for Par 3, Tennis Programs and the Learn to Skate Program 22.00 22.25 22.50 22.75 have documented qualifications to instruct youth and adults, and are expected to communicate effectively with program participants and parents. Pay Matrix for Part Time Seasonal Recreation Employees Step 1 Step 2 Step 3 Step 4 Recreation Staff I: 9.50 9.75 Recreation Staff II: 9.75 10.00 10.25 10.50 Recreation Staff III: 12.00 12.25 12.50 12.75 Instructors 22.00 22.25 22.50 22.75 page 82 CITY OF MENDOTA HEIGHTS TITLE: Police Captain Department: Accountable To: Class Code: Police Chief of Police Exempt Primary Location: Normal Hours: Date of Last Revision: City Hall Mon — Fri June 7, 2016 8 a.m. — 4:00 p.m. DIVISION: Professional Standards Job Purpose: To assist in the administration, supervision, and direction of the Mendota Heights Police Department, to ensure that all programs, services and functions are handled in an effective and timely manner. Responsible for entire Police Department operations in the absence of the Police Chief. Essential Duties A. Assists the Police Chief in managing, supervising, and coordinating the department. Examples: • Assumes command of any police emergency or tactical situation as necessary. • Assists with preparing and monitoring division budgets. B. Performs administrative duties. Examples: • Oversees the recruitment and selection of all police personnel. • Works with supervisors to monitor the effectiveness of all sections of the police department. • Assists with the determination of need and the deployment of personnel. • Creates and maintains reporting procedures and activity indicators which accurately reflect productivity measures for the Professional Standards Section. • Documents and tracks all memos and general orders. C. Performs planning and coordinates special research in order to guide/lead/direct/plan short and long-range needs of the police department. Examples: • Prepares appropriate reports on projects and programs. • Forecasts personnel and equipment needs based upon careful analysis. • Executes plans by overseeing or delegating appropriate authority and responsibility. D. Manages police department training. Examples: • Evaluates police department training needs through review of internal reporting and statistics. • Monitors state and federal requirements and trends for law enforcement training and implements training programs. • Provides opportunities to all police departmental personnel for both required and developmental training. • Assists with the development of department training. E. Coordinates effective communication within and outside the department. Examples: 0 Meets with departmental personnel to analyze and solve problems. page 83 • Represents the police department at official gatherings, meetings and community functions. • Corresponds with citizens to address their concerns or questions. • Solicits and encourages open communications. F. Investigates, reviews and handles complaints through an established process. Examples: • Receives, reports, assigns, investigates, and monitors complaints against the department or its members. • Recommends disposition of said complaints to the Police Chief on major investigations. • Provides summary data concerning the internal affairs function of the police department. G. Monitors conformance to established rules and regulations of the Department. Examples: • Manages the development and keeps current the operations manual. • Monitors the productivity of police divisions by analyzing reports and statistics compiled by department supervisors. • Evaluates and makes recommendations for changes to enhance the effectiveness of division programs. H. Performs other related work as apparent or assigned. Examples: • Supervises, assigns, and evaluates section personnel. • Prepares departmental reports. • Conducts and reviews performance evaluation forms - identifies and recommends training needs. PERFORMANCE CRITERIA Reports provided to the Police Chief are timely and reflect consideration of existing conditions and objectives. Decisions made in delegated areas of accountability are consistent with division operating procedures and objectives. Recommendations regarding the resolution of internal affairs complaints and employment actions are appropriate for maintaining department discipline and credibility. Actions are consistent with city personnel policies and collective bargaining agreements. Must maintain the physical and mental fitness needed to perform the duties of a police officer. Must meet the performance criteria set for a police officer. Qualifications A. Considerable knowledge of all areas of department responsibility. Must have thorough understanding of administrative philosophies, police policies, and procedures as they relate to officer conduct, administrative concepts, federal, state, and local laws. B. Experience in police supervision is required. A Minimum of 3 years of progressive page 84 responsible supervisory experience as a Police Sergeant. C. Bachelor's degree in law enforcement or closely related field. D. Minnesota POST licensed peace officer or ability to obtain in agreed upon time frame. E. Ability to communicate effectively orally and in writing. F. Ability to clearly and consistently document. G. Valid Driver's license. Desired Qualifications A. Master's Degree in police/public administration or closely related field. B. Certificate from Minnesota Bureau of Criminal Apprehension in police supervision and management. Certificate from nationally recognized police training center. C. Experience in supervising and coordinating the work of an operating unit. D. Substantial ability to use research techniques and performance indicators in evaluating and recommending improvements in department operations. Knowledae/Skills/Abilities Reauired A. Knowledge of the principles and practices of modern police supervision, administration and law enforcement methods and techniques. B. Knowledge of and commitment to the principles and practices of Community Oriented Policing/Problem Oriented Policing as a department philosophy and the ability to implement these principles and practices in day-to-day police work. C. Knowledge of city ordinances, state and federal statutes, including rules of arrest, and search and seizure case law. D. Knowledge of first aid and ability to respond promptly to emergency situations. E. Ability to plan, evaluate, instruct and prioritize the work of department members in a manner that results in a high level of performance within the overall framework of department goals and objectives. F. Ability to effectively utilize human relation skills in resolving disputes and similar problems through verbal and non-verbal communications. G. Ability to establish, maintain and promote cooperative and harmonious work relationships within the department, with other law enforcement agencies, with other city departments and the general public. H. Ability to communicate ideas and explanations clearly in English, both orally and in writing. I. Ability to adapt and react quickly to change and changing circumstances. page 85 J. Ability to work professionally with other employees and to deal with the public in a friendly and tactful manner. K. Ability to evaluate situations, improvise solutions with available resources and adapt to a changing environment. L. Ability to work with a minimal amount of supervision and complete assigned projects in a timely manner. M. Ability to work well under stress/pressure. Core Competencies by all City Employees: • Knowledge of work rules. Develops and maintains a thorough working knowledge of all city and applicable jurisdictional policies and procedures in order the help facilitate compliance with such policies and procedures by all staff members. • Develops respectful, cooperative and productive work relationships with coworkers, including the demonstrated willingness to help newer staff so their respective job responsibilities can be performed with confidence as quickly as possible. • Commitment to customer service. Demonstrates by personal example the service quality and integrity expected from all staff members. Represents Mendota Heights in a professional manner to the general public, employees and to other outside contact/constituencies in a manner that helps maintain and enhance Mendota Heights' reputation as well managed and citizen oriented. • Communication. Confers regularly with and keep immediate supervisor informed of all important matters pertaining to those functions and job responsibilities for which the employee is accountable. • Productivity and work organization. Demonstrate ability to plan, organize and accomplish work in a timely and efficient manner. • Problem solving and decision making. Exercise good judgment, analytical thinking, and independent thinking as it relates to departmental and city procedures, problems and policy interpretations. • Safety rules and procedures. Develop knowledge of and observe the safety policies and procedures of the city. Perform tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Safety Policy It is the responsibility of every employee of the City of Mendota Heights to know and observe the safety policies and procedures of the city. Each employee is expected to perform their tasks in a safe and efficient manner while using appropriate safety equipment, clothing and devices. Miscellaneous Information Must satisfactorily pass a thorough criminal background investigation, psychological evaluation, and a physical examination including drug testing. page 86 Physical Activities/Requirements Overall Physical Strength Demands Sedentary Exerting up to 10 lbs. occasionally or negligible weights frequently; sitting most of O = Occasionally Up to 1/3 of the time. the time. Light Exerting up to 20 lbs. occasionally, 10 lbs. frequently, or negligible amounts Frequency Code constantly; Sitting most of the time. Frequently requires walking or standing. Medium Exerting 20 — 50 lbs. occasionally, 10 — 25 lbs. frequently, or up to 10 lbs. Making presentations, communicating with staff, assisting constantly. Heavy Exerting 50 — 100 lbs. occasionally, 25-50 lbs. frequently, or up to 10-20 lbs. Workstation, squad vehicle constantly. ✓ Very Heavy Exerting over 100 lbs. occasionally, 50 — 100 lbs. frequently, or up to 20-50 lbs. Lifting constantly. Physical Demands C = Continuously 2/3 or more of the time. F = Frequently From 1/3 to 2/3 of the time. O = Occasionally Up to 1/3 of the time. R = Rarely Less than 1 hour per week. N = Never Never Occurs Physical Demands Frequency Code Example Standing F Making presentations, communicating with staff, assisting at community events. Sitting F Workstation, squad vehicle Walking F During regular police activities and training. Lifting O Transporting essential gear and emergency equipment, assisting others by lifting victims onto gurney cart Carrying F Equipment, victims Running F Foot pursuits Pushing/Pulling F Vehicles, debris, individuals in custody, doors Reaching F Retrieving items within workstation or vehicle such as radio, firearm, other essential equipment Handling F Suspect search and frisk, driving, firearms use or checking for vital signs when rendering medical assistance Fine Dexterity F Computer keyboard Kneeling O Firearms training, to assist at accident scene, gathering evidence Crouching O Firearms training, to assist at accident scene, gathering evidence Crawling O Firearms training, to assist at accident scene, gathering evidence Bending F Firearms training, to assist at accident scene, gathering evidence Twisting F Getting in and out of a squad vehicle. Climbing O Climbing stairs, scaling walls and fences Balancing F Fences, ladders, stairs, Vision C Reading reports, monitoring patrol area, computer screen. Hearing C Monitoring radio communication, answering inquiries from the public, communicating with co-workers. page 87 Talking C Conducting interviews and investigations, communicating with the public. Foot Controls F Driving Squad vehicle. Other (specify) F The individual may encounter stress and pressures from dealing with emotional issues and conflicts. Machines, Tools, Equipment and Work Aids Police vehicles, firearms, radio, camera, digital recorder, finger printing kit, measuring devices, smartphones, uniform, computer, bicycles, impact weapons, first aid kits and all other police related equipment used for police service. Environmental Factors D = Daily W = Several times M = Several times S = Seasonally N = Never per week per month Health and Safety Environmental Factors Primary Work Location Mechanical Hazards W Dirt and Dust W Office Environment X Chemical Hazards W Extreme Temperatures S Vehicle X Electrical Hazards W Noise and Vibration D Outdoors X Fire Hazards W Fumes and Oder W Other Explosives M Wetness/Humidity S Communicable Diseases D Darkness or poor lighting D Physical Danger or abuse D Other (specify): Work Schedule Possibilities Exempt Position - Typical 40 hour work week Employees performing the duties of this job will frequently work in outside weather conditions. Office environment work is performed in a well -lit, well ventilated and temperature controlled office. Noise level in the work environment is usually moderate. Protective Equipment Required Hazardous material and biohazard personal protective equipment, bullet proof vest, respirators, eye & ear protection, firearms, pepper spray, baton, EMD, handcuffs, rain gear, and various immunizations. Non-physical Demands include Continuously Frequently Occasionally Rarely Never 2/3 or more of the From 1/3 to 2/3 of up to 1/3 of the Less than 1 hour time the time time per week Time Pressures - Occasionally Emergency Situations - Frequently Frequent Change of Tasks - Occasionally Performing Multiple Tasks Simultaneously - Frequently Working Closely with Others as Part of a Team - Frequently Tedious Work - Frequently Noisy/Distracting Environment - Frequently Other: The above description is intended to describe the general functions, skills and knowledge of the person assigned to this job. These examples are intended only as illustrative of various types of work performed, and are not all inclusive. The employee may be required to perform other related duties as assigned. The job description is subject to change as the needs of the employer and requirements of the job change. JH:\job descriptions\police\Police Captain Position Description.doc page 88 51. 1101 Victoria Curve I Mendota 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , �— CITY OF MENDOTA HEIGHTS MEETING DATE: July 6, 2016 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Approval of Memorandum of Agreement with Minnesota Public Employee Association INTRODUCTION The City Council is asked to approve a Memorandum of Understanding (MOU) with the union representing the Police Sergeants. BACKGROUND On June 5, 2012, the City of Mendota Heights and the Minnesota Public Employees Association (MNPEA) entered into a labor agreement. The Sergeants currently work 10 hours shifts. However, holiday and authorized leave time are calculated on a 9.5 hours shift. Beginning July 9, 2016, the Sergeants along with the Police Officers will be transitioning to twelve hour shift at least through December 31, 2016. This transition will help with shift minimum requirements until staffing vacancies are filled. Twelve-hour shifts was also one of twenty recommendations of the Organization Study conducted by the McGrath Consulting Group. Attached is a memorandum of agreement between the City of Mendota Heights and Minnesota Public Employee Association. The MOA is authorizing holiday and leave time to be calculated based on a 12 hour shift. This MOA would be effective until December 31, 2016, unless its term is extended by the written agreement of the parties. The 2016-2017 LELS labor agreement currently has language in their contract that holidays and authorized leave time are calculated on the basis of the actual length of time of the assigned shifts. However, January 2016, Police Officers transitioned to 10 - hour shifts and an MOU was signed that Police Officers would continue to accrue vacation and holiday pay as if they were working 9.5 hour shifts. page 89 Since Police Officers will be transitioning to 12 -hours shifts beginning July 9, the MOU will no longer be in effect. Holiday and authorized leave time will be calculated on the basis of the actual length of time of the assigned shift • Memorandum of Agreement between MNPEA BUDGETIMPACT Transitioning to twelve hour shifts will save approximately $30,000 in overtime expenditures for the remainder of 2016. RECOMMENDATION If Council desires to implement the recommendation, pass a motion authorizing the Mayor to sign the Memorandum of Agreement between Minnesota Public Employees Association. page 90 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into between the City of Mendota Heights (hereafter "City") and Minnesota Public Employee Association (hereafter "Union") representing employees in the Sergeants bargaining unit. WHEREAS, the City and the Union are parties to a collective bargaining agreement; and WHEREAS, the employees of the Licensed Sergeants Unit of the City of Mendota Heights will be changing their shift hours from 10 hours to 12 hours. NOW, THEREFORE, the City and the Union agree as follows: The contract in Article 11.2 shall not be interpreted to have employees holidays and authorized leave time to be calculated on a 9.5 hour shift. Rather, holidays and authorized leave time shall be calculated on a 12 hour shift. 2. The contract in Article 24 shall not be interpreted to have employee's accrual of holiday pay for the 11 paid holidays be based on 9.5 hours per day (104.5 hours per year), regardless of the hours in the shift the employee works. Rather, accrual of holiday pay for the 11 paid holidays shall be based on 12 hours per day (132), regardless of the hours in the shift the employee works. 3. This Memorandum of Agreement shall not constitute a precedent with regard to any subsequent negotiations or matters between the parties. 4. This Memorandum of Agreement represents the complete and total agreement between the parties regarding this matter. 5. This Memorandum of Agreement is effective from date of signing until December 31, 2016, unless its term is extended by the written agreement of the parties. IN WITNESS WHEREOF, the parties have caused this Memorandum of Agreement to be executed this day of , 20 MINNESOTA PUBLIC EMPLOYEE CITY OF MENDOTA HEIGHTS ASSOCIATION 1101 Victoriapage 91 . Curve ` 651 4521850 WWWO Carr OF MENCIOTA 1—IEIGI—IT'S Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Ordinance 497 Concerning Massage Therapy Business Uses COMMENT: Introduction The City is considering an amendment to Title 12-117-1-A of the City Code concerning permitted uses in the B-1 Limited Business District. Background An existing massage therapy business is currently operating at the Mendota Plaza and plans to move into a new space at 1200 Centre Pointe Curve. Their existing location is zoned MU -PUD, which permits the proposed use. The new location is zoned B-1 Limited Business, which does not permit the proposed use. A similar use operated in the same building and was issued massage license permits from 2013-2015. In order to address this issue and ensure the new business is operating in compliance with the appropriate zoning regulations, staff is proposing to amend the City Code to allow the use in the B-1 District. The Planning Commission conducted a public hearing at the June 28 meeting. The building owner was present and provided additional historical background on similar uses operating within the B-1 District. Discussion The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A Recommendation The Planning Commission recommended approval of DRAFT Ordinance 497, as described in Planning Case 2016-22. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 497 CONCERNING MASSAGE THERAPY BUSINESSES IN THE B-1 DISTRICT. Action Required This matter requires a simple majority vote. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 page 92 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 497 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE F OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING MASSAGE THERAPY BUSINESSES IN THE B-1 DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12 -1F -1-A is hereby amended as follows: A. Permitted Uses: Within any B-1 limited business district, no structure or land shall be used except for one or more of the following uses, or uses deemed by the city council in its discretion as substantially similar to uses listed herein: Massage therapy business, subject to licensing_requirements of this code. Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this sixth day of July, 2016. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 93 1101 Victoria Curve I Mendota Heights. MN 55118 651.452.1850 phone J 651.452.8940 fax www.rrendota-helghts.com T �— mCITY OF MEN MENDOTA HEIGHTS Planning Staff Report DATE: June 28, 2016 TO: Planning Commission FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-22 Proposed Code Amendments — Massage Therapy Business Use APPLICANT: City of Mendota Heights PROPERTY ADDRESS: N/A ZONING/GUIDED: N/A ACTION DEADLINE: N/A DESCRIPTION OF THE REQUEST The City is considering an amendment to Title 12 -1F -1-A of the City Code concerning permitted uses in the B-1 Limited Business District. BACKGROUND Massage Elements, LLC currently operates at 750 Highway 110 at the Mendota Plaza. Staff recently received a massage establishment renewal application from the current business owner to relocate into a new space at 1200 Centre Pointe Curve. The existing location is zoned MU -PUD and the new location is zoned B-1 Limited Business. A business offering massage therapy services formerly operated in space at 1200 Centre Pointe Curve and was appropriately -licensed by the city from 2013-2015; Massage Elements will be occupying space in the same building. Upon further review, staff concluded that massage therapy business uses are not explicitly permitted to operate in the B-1 District, despite massage licenses being issued in the past for businesses within the district. In order to address this issue and ensure the new business is operating in compliance with the appropriate zoning regulations and past practice, staff is proposing to amend the City Code to allow the use in the B-1 District. ANALYSIS "Massage therapy business, subject to licensing requirements of this code" is a permitted use in the B-2, B-3, B-4, and MU -PUD Districts. According to Title 12-1B-2 of the City Code, the use is defined as follows: MASSAGE THERAPY (THERAPEUTIC MASSAGE) BUSINESS: Any establishment or place providing to the public at large therapeutic massage services, other than a hospital, sanatorium, rest home, nursing home, boarding home, or other institution for the hospitalization or care of page 94 human beings, duly licensed under the provisions of Minnesota statutes sections 144.50 through 144.69. See the attached zoning map for other B-1 Limited Business District properties. Currently, the only other massage therapy use is located at the Village at Mendota Heights, which is zoned MU -PUD. Staff does not anticipate a proliferation of massage therapy uses as a result of the proposed code amendment. Title 3-6 of the City Code requires massage therapy uses to have an establishment license and individual therapists must also be licensed. Both licenses must be renewed annually. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 497, as presented or as amended by the Commission. K, 2. Recommend denial of DRAFT Ordinance 497. CIx, 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendments. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 497 2. Zoning Map 3. Planning application, including supporting materials page 96 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.352,89,10 fax www.mendota•he;ir�h[s_cpnt CITY OF IV ENDOTA HEIGHTS PLANNING APPLICATION Property Address/Street Location: N/A Applicant Name: City of Mendota Heights Phone: 651-452-1850 Applicant E -Mail Address: nolanw@mendota-heights.com Applicant Mailing Address: 1101 Victoria Curve, Mendota Heights, MN 55118 Property Owner Name: N/A Phone: N/A Property Owner Mailing Address: N/A Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) N/A Type of Request: ❑ Rezoning ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Variance ❑ Wetlands Permit ❑ Preliminary/Final Plat Approval ❑ Lot Split/Adjustment ❑ Critical Area Permit ❑ Comprehensive Plan Amendment 0 Code Amendment ❑ Appeal ❑ Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to ins ect a ve property during daylight hours. Signature of Applicant Date Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 6/1/2016) Page 1 of 1 page 97 Aft"Id. a-vit of Pablicaitioii S I o Ie of 10i n 1-1 u 11 to Co-unry of Clakoto JANTNE GAFFNEY 1) e i n J,j i v:. w c) n i. r) I, i I) ti ! I I. Lz -ci y s that halshe is the pubflsher Dr authorized agurl Illd en)�).Cyc-(-t jvx;iF:I-Pr of 'Te 'evvspi:lo, known as SOUTH-WEST REVIEW al-Icj Ims hill ki ovd--dyd ui 1`�,�t,-, which are stated below: (A) The lieA_,boapet had complied with all of the reUL:irrnic�rls : 1risIRt.-Hrig qualWir-cJon as a gualified newspaper, u1,ioviucd lky Sly: _'.e 331A,02. 331A,07, aric other applicable laws, as amended. I.2j PI,- I led 1: (}I; I I I_'_A R I XG which is attached was cut from the columns of szic, nevspape: , f-ind was printed and puolisined once each week, for I successive wanks; it oras first publishem on SUNDAY , the 12 TH day of JUNE20 6 _L_, and was thereafter printed and pablished on every to and including , the - day of , 20 ; and printed below is a copy of the lower ease alphabet from A to Z, hath inrVsivrr, whic[ io 1-wcbacicrowledged as being the Si2C and kind of t,,pe used in the cornposition wri.-I ptjl)l c;A on or th('- I MN OPOR S, �j VWXYZ A BY �iikd y-, Yuri to before me on TITLE I_ESA'"-,XNA I "Y f J L_N � 20 IU F�ubllc `Ajpf1j)G'l should be in the sa n� s ze gar d 167L: of type as the notice. RATE INFORMATION (1} Lowest classi1ed ;-ate pais I)v commercial users for ca: 111,17r G space_ .......................................................... $25.CO per col. inch (2) M a x i rri u rn alta allowed by law for th q above matter .......... ...... ............ _325.00 per Got. inch (3) Rate actually charged for the above .......... ...... ....................... per Col. irict 1116 page 98 page 99 Sn. 1101 Victoria Curve I Mendota 651.452.1850 phone 1 651.452,8940 fax www.mendota-hei g hts.com CITY OF MENDDTA HEIGHTS Request for City Council Action MEETINGDATE: July 6, 2016 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary BACKGROUND Significant Claims Xcel Energy - Utilities A to Z Home Inspections — May/June Inspections Bergan KDV CDW-G — Computers Everett & Vanderwiel — May legal Mansfield Oil Company — Fuel Mendakota Country Club — Fireworks Mike McPhillips — Street Sweeping Schlomka Services — Streets Clean up Sir Lines A Lot — Street Striping Stantec Consulting Services — Planning Work U.S.Bank — Monthly Credit Card Activity WSB & Associates — Storm Water Mgmt Plan Manual Checks Total System Checks Total Total for the list of claims for the July 6, 2016 city council meeting RECOMMENDATION: $ 8,879.54 $ 8,085.00 $ 33,500.00 $ 13,384.86 $ 4,328.98 $ 7,553.64 $ 4,000.00 $ 3,396.25 $ 3,680.00 $ 5,629.50 $ 10,338.98 $ 7,499.07 $ 12,274.75 $ 47,287.06 $ 164,464.69 $ 211,751.75 Staff recommends that the Mendota Heighs City Council approve the list of claims for July 6, 2016. Account Search Name HINDERSCHEID, JOHN CITY OF MENDOTA HEIGHTS Comments Claims List MANUAL CHECKS 6130115MAN DEPT Descr Amount R 01-3348 OFF DUTY WORK - POLICE $274.50 Search Name HINDERSCHEID, JOHN $274.50 Search Name I C M A RETIREMENT 457 G 01-2072 6/17/16 PAYROLL $1,968.50 Search Name I C M A RETIREMENT 457 $1,968.50 Search Name KOHN, CASEY R 01-3348 OFF DUTY WORK - POLICE $244.00 Search Name KOHN, CASEY $244.00 Search Name NATIONWIDE RETIREMENT SOLUTION G 01-2072 6/17/16 PAYROLL $50.00 Search Name NATIONWIDE RETIREMENT SOLUTION $50.00 Search Name SW/WC SERVICE COOPERATIVES E 05-4131-105-15 JULY HEALTH INSURANCE PRE Engineering Enterprise $2,528.00 G 01-2071 JULY HEALTH INSURANCE PRE $3,167.50 G 01-2074 JULY HEALTH INSURANCE PRE $3,155.00 E 01-4131-070-70 JULY HEALTH INSURANCE PRE Parks & Recreation $1,280.00 E 01-4131-050-50 JULY HEALTH INSURANCE PRE Road & Bridges $4,958.00 E 01-4131-020-20 JULY HEALTH INSURANCE PRE Police $14,977.00 E 01-4131-110-10 JULY HEALTH INSURANCE PRE Administration $4,894.00 Search Name SW/WC SERVICE COOPERATIVES $34,959.50 Search Name UNITED WAY OF ST. PAUL G 01-2070 6/17/16 PAYROLL $64.00 Search Name UNITED WAY OF ST. PAUL $64.00 Search Name US POSTAL SERVICE E 15-4318-060-60 UTILITY BILLING POSTAGE Utility Enterprise $847.02 Search Name US POSTAL SERVICE $847.02 Search Name XCEL ENERGY E 01-4211-320-70 UTILITIES Parks & Recreation $12.59 E 45-4211-047-45 UTILITIES Golf Course $578.41 E 45-4212-046-45 UTILITIES Golf Course $31.84 E 45-4211-046-45 UTILITIES Golf Course $61.69 E 15-4211-400-60 APRIL 2016 UTILITIES Utility Enterprise $741.21 E 15-4212-400-60 APRIL 2016 UTILITIES Utility Enterprise $57.83 E 15-4212-310-60 APRIL 2016 UTILITIES Utility Enterprise $81.02 E 08-4212-000-00 APRIL 2016 UTILITIES Spec Fds $205.74 E 01-4212-320-70 APRIL 2016 UTILITIES Parks & Recreation $50.42 E 01-4212-315-30 APRIL 2016 UTILITIES Fire $152.73 E 01-4212-310-70 APRIL 2016 UTILITIES Parks & Recreation $81.04 E 01-4211-300-50 APRIL 2016 UTILITIES Road & Bridges $1,776.19 E 28-4211-000-00 APRIL 2016 UTILITIES Spec Fds $939.23 E 01-4211-310-50 APRIL 2016 UTILITIES Road & Bridges $261.02 E 15-4211-310-60 APRIL 2016 UTILITIES Utility Enterprise $261.01 E 08-4211-000-00 APRIL 2016 UTILITIES Spec Fds $2,182.47 E 01-4211-420-50 APRIL 2016 UTILITIES Road & Bridges $207.48 E 01-4211-320-70 APRIL 2016 UTILITIES Parks & Recreation $231.06 E 01-4211-315-30 APRIL 2016 UTILITIES Fire $624.51 page 991/16 10:30 AM Page 1 CITY OF MENDOTA HEIGHTS page tQk1/1 6 10:30 AM Claims List Page 2 MANUAL CHECKS 6130I15MAN Account Comments DEPT Descr Amount E Oi-4211-310-70 APRIL 2016 UTILITIES Parks & Recreation $261.01 E 01-4212-310-50 APRIL 2016 UTILITIES Road & Bridges $81.04 Search Name XCEL ENERGY $8,879.54 $47,287.06 CITY OF MENDOTA HEIGHTS page 4,/1610:42 AM Claims List Page 1 SYSTEM CHECKS 07/06/16SYS Account Comments DEPT Descr Amount Search Name 1, 2, TREE, LLC E 80-4460-791-00 VICTORIA ROAD SOUTH WORK Spec Fds $2,000.00 Search Name 1, 2, TREE, LLC $2,000.00 Search Name 3RD LAIR SKATE PARK E 01-4435-200-70 SKATE CAMP - PARKS Search Name 3RD LAIR SKATE PARK Search Name 4 PAWS ANIMAL CONTROL LLC E 01-4225-800-90 MAY ANIMAL CONTROL G 01-2035 MAY ANIMAL CONTROL Search Name 4 PAWS ANIMAL CONTROL LLC Search Name A TO Z HOME INSPECTION, LLC E 01-4231-040-40 MAY/JUNE INSPECTIONS Search Name A TO Z HOME INSPECTION, LLC Search Name ADVANTAGE SIGNS & GRAPHICS E 01-4420-050-50 SIGN SUPPLIES Search Name ADVANTAGE SIGNS & GRAPHICS Parks & Recreation Animal Control (L"Y)t nn .P-- Animal P- VV $463.83 -$29.83 $434.00 Code Enforcement/Inspe $8,085.00 $8,085.00 Road & Bridges Search Name AEG GROUP R 01-3365 REFUND PLANNING EXCROW - POLICE Search Name AEG GROUP E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Search Name AMERIPRIDE SERVICES E 01-4330-440-20 EQUIPMENT REPAIR - POLICE E 01-4335-310-70 MAT SERVICE - P.WORKS Parks & Recreation E 45-4335-045-45 MAT SERVICE - PAR 3 Golf Course E 08-4335-000-00 MAT SERVICE - CITY HALL Spec Fds E 01-4410-050-50 UNIFORMS Police Road & Bridges E 15-4335-310-60 MAT SERVICE - P.WORKS Utility Enterprise E 01-4335-310-70 MAT SERVICE - P.WORKS Parks & Recreation E 15-4335-310-60 MAT SERVICE - P.WORKS Utility Enterprise E 01-4335-310-50 MAT SERVICE - P.WORKS Road & Bridges E 01-4410-050-50 UNIFOMRS Road & Bridges E 01-4335-310-50 MAT SERVICE - P.WORKS Road & Bridges Search Name AMERIPRIDE SERVICES Search Name ANCOM COMM INC E 01-4330-460-30 PAGER REPAIR - FIRE Fire Search Name ANCOM COMM INC Search Name ASSURANT EMPLOYEE BENEFITS E 01-4132-031-30 JULY 2016 LT DISABILITY PRE Fire Search Name ASSURANT EMPLOYEE BENEFITS Search Name AUTOZONE E 01-4330-440-20 EQUIPMENT REPAIR - POLICE Police E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation E 01-4330-440-20 EQUIPMENT REPAIR - POLICE Police E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges Search Name AUTOZONE Search Name B C A -TRAINING & EDUCATION E 01-4400-020-20 TRAINING - VONFELDT Police $199.50 $199.50 &Iznn nn zpiuu.w $20.25 $66.48 $162.12 $5.50 $17.83 $17.84 $20.25 $20.25 $5.50 &17 Rd 'P"'.- $146.60 $146.60 $180.20 $180.20 $22.99 $34.98 $9.99 $9.70 $77.66 $240.00 Search Name COOL AIR MECHANICAL, INC. CITY OF MENDOTA HEIGHTS page 'CR1/16 10:42 AM Page 2 Claims List SYSTEM CHECKS 07/06/16SYS Account Comments DEPT Descr Amount E 01-4400-020-20 TRAINING - FLEMING Police $75.00 Search Name B C A -TRAINING & EDUCATION $315.00 Search Name BERGAN K D V E 45-4220-130-45 2015 AUDIT BILLING Golf Course $2,500.00 E 03-4220-130-00 2015 AUDIT BILLING Spec Fds $2,650.00 E 05-4220-130-15 2015 AUDIT BILLING Engineering Enterprise $3,050.00 E 29-4220-130-00 2015 AUDIT BILLING Spec Fds $975.00 E 15-4220-130-60 2015 AUDIT BILLING Utility Enterprise $2,600.00 E 10-4220-130-00 2015 AUDIT BILLING Spec Fds $1,125.00 E 01-4220-130-10 2015 AUDIT BILLING Administration $20,600.00 Search Name BERGAN K D V $33,500.00 Search Name BGMN, INC. E 01-4320-050-50 FUEL ADDITIVE - STREETS Road & Bridges $213.88 E 01-4320-070-70 FUEL ADDITIVE - PARKS Parks & Recreation $213.88 E 15-4320-060-60 FUEL ADDITIVE - SEWER Utility Enterprise $213.89 Search Name BGMN, INC. $641.65 Search Name C. DARLENE OEHLKE, CAP E 01-4220-110-10 6/21/16 CITY COUNCIL MINUT Administration $126.40 E 01-4220-110-10 TRANSCRIPTION 5H 6/7/16 MI Administration $103.80 Search Name C. DARLENE OEHLKE, CAP $230.20 Search Name CDW GOVERNMENT, INC E 01-4301-114-14 COMPUTER ACCESSORIES Info Tech $23.13 E 01-4330-440-20 POLICE SQUAD BUILD Police $5,699.06 E 01-4301-114-14 COMPUTER ACCESSORIES Info Tech $23.13 E 01-4301-020-20 POLICE GRANT Police $7,517.98 E 01-4301-114-14 COMPUTER STORAGE Info Tech $52.08 E 01-4301-114-14 COMPUTER ACCESSORIES Info Tech $69.48 Search Name CDW GOVERNMENT, INC $13,384.86 Search Name CENTRAL IRRIGATION SUPPLY E 01-4330-215-70 SPRINKLER REPAIR - PARKS Parks & Recreation $63.80 E 01-4330-215-70 SPRINKLER REPAIR - PARKS Parks & Recreation $292.74 E 01-4330-215-70 SPRINKLER REPAIR - PARKS Parks & Recreation $37.80 E 01-4330-215-70 SPRINKLER REPAIR - PARKS Parks & Recreation -$357.00 Search Name CENTRAL IRRIGATION SUPPLY $37.34 Search Name 0 SPRAY, INC. E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $280.00 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $60.00 Search Name C3 SPRAY, INC. $340.00 Search Name COMMERCIAL ASPHALT E 01-4422-050-50 ASPHALT Road & Bridges $2,506.59 Search Name COMMERCIAL ASPHALT $2,506.59 Search Name CONTINENTAL SAFETY EQ E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $32.51 E 15-4305-060-60 OPERATING SUPPLIES - SEWE Utility Enterprise $37.10 Search Name CONTINENTAL SAFETY EQ $69.61 Search Name COOL AIR MECHANICAL, INC. CITY OF MENDOTA HEIGHTS page b%1/16 10:42 AM Page 3 Claims List SYSTEM CHECKS 07/06116SYS Account Comments DEPT Descr Amount E 08-4335-000-00 CITY HALL HVAC REPAIRS Spec Fds $1,236.26 Search Name COOL AIR MECHANICAL, INC. $1,236.26 Search Name CRYSTEEL MANUFACTURING E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $390.42 Search Name CRYSTEEL MANUFACTURING $390.42 Search Name DAKOTA COUNTY FINANCIAL SERVIC E 15-4200-610-60 APRIL 2016 RADIO SUBSCRIBE Utility Enterprise $23.33 E 05-4200-610-15 APRIL 2016 RADIO SUBSCRIBE Engineering Enterprise $69.99 E 01-4200-610-70 APRIL 2016 RADIO SUBSCRIBE Parks & Recreation $93.32 E 01-4200-610-50 APRIL 2016 RADIO SUBSCRIBE Road & Bridges $163.31 E 01-4275-030-30 APRIL 2016 RADIO SUBSCRIBE Fire $723.23 E 01-4275-020-20 APRIL 2016 RADIO SUBSCRIBE Police $863.21 Search Name DAKOTA COUNTY FINANCIAL SERVIC $1,936.39 Search Name DANNER INC E 01-4422-050-50 STREETS CLEAN UP COSTS Road & Bridges $1,545.00 E 01-4422-050-50 STREETS CLEAN UP COSTS Road & Bridges $80.00 Search Name DANNER INC $1,625.00 Search Name DELL MARKETING L.P. E 01-4301-114-14 COMPUTER ACCESSORIES - IT Info Tech $44.99 E 01-4301-114-14 COMPUTER ACCESSORIES - IT Info Tech $25.79 E 01-4305-020-20 COMPUTER REPLACEMENTS - P Police $1,442.82 Search Name DELL MARKETING L.P. $1,513.60 Search Name DELTA DENTAL G 01-2071 JULY 2016 DENTAL PREMIUM $930.40 E 05-4131-105-15 JULY 2016 DENTAL PREMIUM Engineering Enterprise $205.50 E 01-4131-050-50 JULY 2016 DENTAL PREMIUM Road & Bridges $438.10 E 01-4131-020-20 JULY 2016 DENTAL PREMIUM Police $849.10 E 08-4131-000-00 JULY 2016 DENTAL PREMIUM Spec Fds $44.60 E 01-4131-070-70 JULY 2016 DENTAL PREMIUM Parks & Recreation $321.80 G 01-2074 JULY 2016 DENTAL PREMIUM $438.10 E 15-4131-060-60 JULY 2016 DENTAL PREMIUM Utility Enterprise $232.60 E 01-4131-110-10 JULY 2016 DENTAL PREMIUM Administration $277.20 Search Name DELTA DENTAL $3,737.40 Search Name ELECTRO WATCHMAN E 15-4210-060-60 ALARM SYSTEM MONITORING Utility Enterprise $110.00 E 01-4210-070-70 ALARM SYSTEM MONITORING Parks & Recreation $110.00 E 01-4210-050-50 ALARM SYSTEM MONITORING Road & Bridges $110.00 Search Name ELECTRO WATCHMAN $330.00 Search Name ELROY S ELECTRIC SERVICE E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $67.50 Search Name ELROY S ELECTRIC SERVICE $67.50 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $264.60 E 01-4330-940-20 EQUIPMENT REPAIR - POLICE Police $221.56 Search Name EMERGENCY AUTOMOTIVE TECHNOLOG $486.16 Search Name EVERETT & VANDERWIEL CITY OF MENDOTA HEIGHTS page 9&/16 10:42 AM Claims List Page 4 SYSTEM CHECKS 07/06116SYS Account Comments DEPT Descr Amount E 01-4481-110-10 MAY LEGAL SERVICE Administration $4,328.98 Search Name EVERETT & VANDERWIEL $4,328.98 Search Name FACTORY MOTOR PARTS E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation Search Name FACTORY MOTOR PARTS Search Name FASTENAL INDUSTRIAL & CONSTR Parks & Recreation E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges E 15-4305-060-60 OPERATING SUPPLIES - SEWE Utility Enterprise Search Name FASTENAL INDUSTRIAL & CONSTR. EQUIPMENT REAPAIR - STREE Search Name FIRE CATT E 01-4330-460-30 FIRE HOSE TESTING Search Name FIRE CATT Search Name FIRE EQUIPMENT SPECIALTIES E 01-4305-030-30 OPERATING SUPPLIES - FIRE Search Name FIRE EQUIPMENT SPECIALTIES Search Name FITZGERALD, JUSTIN E 01-4400-030-30 TRAVEL EXPENSE REIMBURSE Search Name FITZGERALD, JUSTIN Search Name FLEET FARM/GE MONEY BANK E 15-4410-060-60 SAFETY SHOES - SEWER Search Name FLEET FARM/GE MONEY BANK Search Name FLEET SERVICES E 01-4200-610-20 MAY SQUAD LEASES Search Name FLEET SERVICES Search Name FLEETPRIDE E 01-4305-070-70 E 15-4330-490-60 E 15-4305-060-60 E 01-4330-490-50 Search Name FLEETPRIDE Fire Fire Fire Utility Enterprise Police $78.53 $40.32 $49.03 $40.32 $208.20 $41.98 $8.31 $26.75 $77.04 $2,929.00 $2,929.00 $612.22 $612.22 $69.75 $69.75 $114.99 $114.99 $4,840.84 $4,840.84 OPERATING SUPPLIES - PARKS Parks & Recreation $26.70 EQUIPMENT REPAIR - SEWER Utility Enterprise $308.86 OPERATING SUPPLIES - SEWE Utility Enterprise $26.70 EQUIPMENT REAPAIR - STREE Road & Bridges $48.04 Search Name FOTH INFRASTRUCTURE & ENVIRON E 29-4220-000-00 2016 ANNUAL TRAINING Spec Fds Search Name FOTH INFRASTRUCTURE & ENVIRON Search Name FRONTIER AG & TURF E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation Search Name FRONTIER AG & TURF Search Name GRAINGER E 08-4335-000-00 CITY HALL REPAIR Spec Fds E 08-4335-000-00 CITY HALL REPAIR Spec Fds Search Name GRAINGER +�lu.Ju $847.00 $847.00 $70.00 $70.00 $63.84 $89.44 $153.28 CITY OF MENDOTA HEIGHTS page t9k1/1610:42AM Claims List Page 5 SYSTEM CHECKS 07/06/16SYS Account Comments DEPT Descr Amount Search Name GRAYBAR ELECTRIC E 01-4335-310-50 BUILDING MAINT SUPPLIES - P Road & Bridges $264.45 E 01-4335-310-70 BUILDING MAINT SUPPLIES - P Parks & Recreation $264.45 E 15-4335-310-60 BUILDING MAINT SUPPLIES - P Utility Enterprise $264.46 Search Name GRAYBAR ELECTRIC $793.36 Search Name HANCOCK CONCRETE PRODUCTS, LLC E 29-4337-000-00 STORM WATER REPAIR Spec Fds $311.60 Search Name HANCOCK CONCRETE PRODUCTS, LLC $311.60 Search Name HD SUPPLY E 01-4305-050-50 OPERATING SUPPLIES - P. WO Road & Bridges $54.65 E 01-4305-070-70 OPERATING SUPPLIES - P. WO Parks & Recreation $54.65 E 15-4305-060-60 OPERATING SUPPLIES - P. WO Utility Enterprise $54.66 Search Name HD SUPPLY $163.96 Search Name HIRSHFIELD S PAINT & MFG INC E 01-4330-215-70 FIELD STRIPING PAINT - PARK Parks & Recreation $950.40 Search Name HIRSHFIELD S PAINT & MFG INC $950.40 Search Name HOME DEPOT CREDIT SERVICES E 08-4335-000-00 CITY HALL REPAIRS Spec Fds $19.57 E 45-4335-045-45 BUILDING MAINTENANCE - PA Golf Course $23.25 E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $68.89 E 01-4330-215-70 PARKS MAINTENANCE SUPPLIE Parks & Recreation $200.57 E 01-4330-215-70 PARKS MAINTENANCE SUPPLIE Parks & Recreation $36.40 E 45-4335-045-45 BUILDING MAINTENANCE - PA Golf Course $24.47 G 45-2035 BUILDING MAINTENANCE - PA -$1.57 E 01-4305-030-30 OPERATING SUPPLIES - FIRE Fire $38.22 E 08-4335-000-00 CITY HALL REPAIRS Spec Fds $16.49 E 13-4490-000-00 BOURNE LANE PROPERTY Spec Fds $8.42 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $70.60 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $12.47 Search Name HOME DEPOT CREDIT SERVICES $517.78 Search Name INNOVATIVE OFFICE SOLUTIONS E 01-4300-640-12 OFFICE SUPPLIES - ELECTIONS Elections $2.12 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $225.12 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $34.97 E 01-4300-110-10 OFFICE SUPPLIES - ADMIN Administration $19.82 Search Name INNOVATIVE OFFICE SOLUTIONS $282.03 Search Name INTEGRA TELECOM E 01-4210-070-70 JUNE/JULY PHONE SERVICE Parks & Recreation $47.57 E 01-4210-050-50 JUNE/JULY PHONE SERVICE Road & Bridges $47.57 E 15-4210-060-60 JUNE/JULY PHONE SERVICE Utility Enterprise $280.03 E 01-4210-110-10 JUNE/JULY PHONE SERVICE Administration $343.43 E 01-4210-020-20 JUNE/JULY PHONE SERVICE Police $142.72 E 05-4210-105-15 JUNE/JULY PHONE SERVICE Engineering Enterprise $171.71 E 01-4210-020-20 JUNE/JULY PHONE SERVICE Police $274.74 E 01-4210-040-40 JUNE/JULY PHONE SERVICE Code Enforcement/Inspe $68.69 Search Name INTEGRA TELECOM $1,376.46 Search Name INTERSTATE BATTERY SYSTEM Search Name KAT KEYS E 08-4335-000-00 CITY OF MENDOTA HEIGHTS page [T7/01/1610:42AM $12.00 Search Name KAT KEYS Page 6 Claims List Search Name KEEPRS, INC SYSTEM CHECKS E 01-4410-020-20 07106116SYS Police Account Comments DEPT Descr Amount E 45-4305-045-45 OPERATING SUPPLIES - PAR 3 Golf Course $50.71 G 45-2035 OPERATING SUPPLIES - PAR 3 -$3.26 E 01-4330-490-50 EQUIPMENT REPAIR - STREETS' Road & Bridges $114.95 Search Name INTERSTATE BATTERY SYSTEM $162.40 Search Name KAT KEYS E 08-4335-000-00 CITY HALL SUPPLIES Spec Fds $12.00 Search Name KAT KEYS $12.00 Search Name KEEPRS, INC E 01-4410-020-20 UNIFORMS - ROSSE Police $113.98 E 01-4410-020-20 UNIFOMRS - LARRIVE Police $284.83 Search Name KEEPRS, INC $398.81 Search Name L E L S G 01-2075 JULY 2016 UNION DUES $539.00 Search Name L E L S $539.00 Search Name LAWSON PRODUCTS, INC E 15-4305-060-60 OPERATING SUPPLIES - P. WO Utility Enterprise $67.09 E 15-4305-060-60 OPERATING SUPPLIES - P. WO Utility Enterprise $41.37 E 01-4305-050-50 OPERATING SUPPLIES - P. WO Road & Bridges $41.38 E 01-4305-070-70 OPERATING SUPPLIES - P. WO Parks & Recreation $67.09 E 01-4305-050-50 OPERATING SUPPLIES - P. WO Road & Bridges $67.09 E 01-4305-070-70 OPERATING SUPPLIES - P. WO Parks & Recreation $41.38 Search Name LAWSON PRODUCTS, INC $325.40 Search Name LOCAL UNION NO. 70 G 01-2075 JULY UNION DUES - SULLIVAN $63.75 Search Name LOCAL UNION NO. 70 $63.75 Search Name M T I DISTRIBUTING COMPANY E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation -$1,866.25 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $27.34 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $357.20 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $167.70 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $46.27 E 45-4334-045-45 COURSE MAINTENANCE - PAR Golf Course $287.50 G 45-2035 EQUIPMENT REPAIR - PAR 3 -$2.57 E 45-4330-490-45 EQUIPMENT REPAIR - PAR 3 Golf Course $40.07 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $181.65 E 45-4305-045-45 OPERATING SUPPLIES - PAR 3 Golf Course $110.87 E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation $999.05 Search Name M T I DISTRIBUTING COMPANY $348.83 Search Name MANSFIELD OIL COMPANY G 01-1210 FUEL $3,541.22 G 01-1210 FUEL $4,012.42 Search Name MANSFIELD OIL COMPANY $7,553.64 Search Name MA77ITELLO, JOHN E 05-4490-105-15 REIMBURSE CONDAC LUNCH E Engineering Enterprise $171.85 E 05-4415-105-15 MILEAGE REIMBURSEMENT Engineering Enterprise $92.88 Search Name MAZZITELLO, JOHN $264.73 Search Name MENDAKOTA COUNTRY CLUB E 01-4490-109-09 CITY OF MENDOTA HEIGHTS page 'Al /16 10:42 AM $4,000.00 Search Name MENDAKOTA COUNTRY Page 7 Claims List $4,000.00 Search Name MENDEZ, JOHN SYSTEM CHECKS 07106116SYS E 01-4400-030-30 Account Comments DEPT Descr Amount Search Name MENARDS E 01-4305-070-70 OPERATING SUPPLIES - PARKS Parks & Recreation $11.90 E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges $4.29 E 08-4335-000-00 CITY HALL REPAIR Spec Fds $25.49 E 15-4305-060-60 OPERATING SUPPLIES - SEWE Utility Enterprise $81.38 E 28-4330-000-00 STREET LIGHT REPAIR Spec Fds $180.76 Search Name MENARDS $7.23 $303.82 Search Name MENDAKOTA COUNTRY CLUB E 01-4490-109-09 FIREWORKS CONTRIBUTION City Council $4,000.00 Search Name MENDAKOTA COUNTRY CLUB $4,000.00 Search Name MENDEZ, JOHN E 01-4400-030-30 TRAVEL EXPENSE REIMBURSE Fire $22.24 Search Name MENDEZ, JOHN $22.24 Search Name METRO SALES E 01-4300-640-12 COPIER MAINTENANCE - CITY Elections $3.61 E 15-4330-490-60 COPIER MAINTENANCE - CITY Utility Enterprise $7.23 E 45-4305-045-45 COPIER MAINTENANCE - CITY Golf Course $3.61 E 01-4300-080-80 COPIER MAINTENANCE - CITY Planning $93.97 E 01-4330-490-70 COPIER MAINTENANCE - CITY Parks & Recreation $72.29 E 01-4330-445-40 COPIER MAINTENANCE - CITY Code Enforcement/Inspe $43.37 E 05-4330-490-15 COPIER MAINTENANCE - CITY Engineering Enterprise $32.53 E 01-4330-490-10 COPIER MAINTENANCE - CITY Administration $426.48 E 01-4200-610-20 COPIER MAINTENANCE - POLIC Police $391.83 E 01-4330-030-30 COPIER MAINTENANCE - CITY Fire $39.76 Search Name METRO SALES $1,114.68 Search Name MID NORTHERN SERVICES E 28-4330-000-00 STREET LIGHT REPAIR Spec Fds $560.00 Search Name MID NORTHERN SERVICES $560.00 Search Name MIKE MCPHILLIPS INC E 01-4424-050-50 STREET SWEEPING Road & Bridges $3,396.25 Search Name MIKE MCPHILLIPS INC $3,396.25 Search Name MN BENEFIT ASSN G 01-2071 JULY PREMIUM $15.79 Search Name MN BENEFIT ASSN $15.79 Search Name MN TRANSMISSION TECHNOLOGY NET R 01-3257 REFUND OF ROW PERMIT $200.00 Search Name MN TRANSMISSION TECHNOLOGY NET $200.00 Search Name MNPEA G 01-2075 JULY 2016 UNION DUES $117.00 Search Name MNPEA $117.00 Search Name MOCIC E 01-4400-020-20 CONFERNECE REGISTRATION - Police $195.00 Search Name MOCIC $195.00 Search Name NCPERS GROUP LIFE INS. G 01-2071 JULY 2016 PREMIUM $80.00 CITY OF MENDOTA HEIGHTS page t991/16 10:42 AM Claims List Page 8 SYSTEM CHECKS 07106116SYS Account Comments DEPT Descr Amount Search Name NCPERS GROUP LIFE INS. $80.00 Search Name NIEBUR TRACTOR & EQUIPMENT INC E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation Search Name NIEBUR TRACTOR & EQUIPMENT INC Search Name OREILLY AUTO/FIRST CALL E 15-4330-490-60 EQUIPMENT REPAIR - SEWER Utility Enterprise E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges E 01-4330-490-70 EQUIPMENT REPAIR - PARKS Parks & Recreation E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges Search Name OREILLY AUTO/FIRST CALL Search Name OXYGEN SERVICE CO E 01-4305-070-70 OPERATING SUPPLIES- PAKRS Parks & Recreation E 15-4305-060-60 OPERATING SUPPLIES - SEWE Utility Enterprise E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges Search Name OXYGEN SERVICE CO Search Name PAC E 80-4460-791-00 Search Name PAC Search Name PITNEY BOWES E 01-4200-610-70 E 01-4200-610-10 E 05-4200-610-15 E 15-4200-610-60 E 01-4318-040-40 E 01-4200-610-20 E 01-4200-610-30 E 01-4318-080-80 Search Name PITNEY BOWES Search Name SAFE -FAST, INC. VICTORIA ROAD SOUTH WORK Spec Fds POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL POSTAGE METER RENTAL E 15-4305-060-60 OPERATING SUPPLIES - SEWE Search Name SAFE -FAST, INC. Search Name SCHLOMKA SERVICES, LLC E 29-4337-000-00 STORM SEWER CLEANING G 01-1145 LIFT STATION CLEANING - LLO Search Name SCHLOMKA SERVICES, LLC Search Name SIR LINES -A -LOT E 01-4424-050-50 Search Name SIR LINES -A -LOT Search Name SMITH, LORRI E 01-4415-640-12 Search Name SMITH, LORRI Search Name SPS COMPANIES, INC E 45-4335-045-45 Search Name SPS COMPANIES, INC 2016 STREET STRIPING Parks & Recreation Administration Engineering Enterprise Utility Enterprise Code Enforcement/Inspe Police Fire Planning Utility Enterprise Spec Fds Road & Bridges MILEAGE REIMBURSEMENT Elections BUILDING MAINTENANCE - PA Golf Course $55.00 $55.00 $21.52 $47.76 $21.51 $21.51 $112.30 $580.36 $580.37 $580.36 $1,741.09 $1,900.00 $1,900.00 $3.86 $59.26 $2.58 $14.17 $18.03 $16.75 $6.44 $7.73 $128.82 $29.88 $29.88 $2,700.00 $980.00 $3,680.00 $5,629.50 $5,629.50 $64.80 $64.80 $284.94 $284.94 CITY OF MENDOTA HEIGHTS page 10%1/1610:42 AM Fire Page 9 Claims List $1,146.50 SYSTEM CHECKS $1,130.00 07106116SYS E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Account Comments DEPT Descr Amount Search Name STANTEC CONSULTING SERVICES UNIFORMS - LARRIVE E 01-4220-135-80 DODD ROAD CORRIDOR STUD Planning $5,525.75 E 01-4220-135-80 PLANNING ASSISTANCE Planning $163.50 E 01-4220-135-80 MENDOTA PLAZA WORKt Planning $4,649.73 Search Name STANTEC CONSULTING SERVICES $10,338.98 Search Name STEIN, DALE E 01-4400-030-30 REIMBURSE CONFERENCE REG Fire $1,130.00 Search Name STEIN, DALE $1,146.50 Search Name TRACTOR SUPPLY $1,130.00 Search Name STREICHERS E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $44.97 E 01-4410-020-20 UNIFORMS - LARRIVE Police $239.97 Search Name STREICHERS $62.81 Search Name TSS AUTOMOTIVE EQUIPMENT $239.97 Search Name STROTHER, PAUL E 01-4335-310-70 BUILDING MAINTENANCE - P Parks & Recreation $77.00 E 08-4335-000-00 CITY HALL INSPECTION Spec Fds $513.00 Search Name STROTHER, PAUL $77.00 Search Name TSS AUTOMOTIVE EQUIPMENT $513.00 Search Name SUN LIFE Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4131-110-10 JUNE 2016 LIFE & ST DISABILI Administration $319.24 E 01-4131-020-20 JUNE 2016 LIFE & ST DISABILI Police $466.18 E 01-4131-050-50 JUNE 2016 LIFE & ST DISABILI Road & Bridges $320.50 E 01-4131-070-70 JUNE 2016 LIFE & ST DISABILI Parks & Recreation $251.36 E 05-4131-105-15 JUNE 2016 LIFE & ST DISABILI Engineering Enterprise $84.09 E 08-4131-000-00 JUNE 2016 LIFE & ST DISABILI Spec Fds $90.01 E 15-4131-060-60 JUNE 2016 LIFE & ST DISABILI Utility Enterprise $96.22 G 01-2071 JUNE 2016 LIFE & ST DISABILI $1,364.42 G 01-2074 JUNE 2016 LIFE & ST DISABILI $32.93 Search Name SUN LIFE $3,024.95 Search Name TEAM LABORATORY CHEMICAL CORP E 15-4305-060-60 OPERATING SUPPLIES - SEWE Utility Enterprise $1,146.50 Search Name TEAM LABORATORY CHEMICAL CORP $1,146.50 Search Name TRACTOR SUPPLY E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $44.97 E 01-4330-490-50 EQUIPMENT REPAIR - STREETS Road & Bridges $17.84 Search Name TRACTOR SUPPLY $62.81 Search Name TSS AUTOMOTIVE EQUIPMENT E 01-4335-310-70 BUILDING MAINTENANCE - P Parks & Recreation $77.00 E 01-4335-310-50 BUILDING MAINTENANCE - P Road & Bridges $77.00 E 15-4335-310-60 BUILDING MAINTENANCE - P Utility Enterprise $77.00 Search Name TSS AUTOMOTIVE EQUIPMENT $231.00 Search Name TWIN CITIES OCCUPATIONAL HLTH E 01-4220-050-50 PROFESSIONAL SERVICES - ST Road & Bridges $80.00 E 01-4220-070-70 PROFESSIONAL SERVICES - PA Parks & Recreation $70.00 Search Name TWIN CITIES OCCUPATIONAL HLTH $150.00 Search Name TWIN CITY TELEPHONE E 01-4210-050-50 P. WORKS PHONE REPAIR Road & Bridges $29.00 E 01-4210-070-70 P. WORKS PHONE REPAIR Parks & Recreation $29.00 E 15-4210-060-60 P. WORKS PHONE REPAIR Utility Enterprise $29.00 CITY OF MENDOTA HEIGHTS page /01/1610:42AM Page 10 Claims List SYSTEM CHECKS 07/06/16SYS Account Comments DEPT Descr Amount Search Name TWIN CITY TELEPHONE $87.00 Search Name U. S. BANK E 45-4310-210-45 CONCESSIONS - PAR 3 Golf Course $8.77 E 01-4402-030-30 FIRE - BOOKS Fire $158.57 E 01-4435-200-70 FIELD TRIPS Parks & Recreation $1,690.00 E 01-4435-200-70 TENNIS SUPPLIES Parks & Recreation $138.47 E 01-4435-200-70 TENNIS SUPPLIES Parks & Recreation $536.85 E 01-4400-030-30 CONF LODGING - FIRE Fire $691.73 E 01-4402-030-30 FIRE - ACTIVE 911 Fire $534.84 E 01-4435-200-70 TENNIS SUPPLIES Parks & Recreation $358.94 E 01-4400-080-80 CONF REGISTRATION - WALL Planning $50.00 E 01-4435-200-70 TENNIS REGISTRATION Parks & Recreation $20.00 E 01-4435-200-70 RECREATION SUPPLIES Parks & Recreation $185.64 E 01-4435-200-70 PARKS CELEBRATION Parks & Recreation $1,220.00 E 01-4435-200-70 TENNIS SUPPLIES Parks & Recreation $358.62 E 01-4318-020-20 POLICE POSTAGE Police $6.45 E 45-4335-045-45 PAR 3 REFUND Golf Course -$249.50 E 45-4490-045-45 ADVERTISING - PAR 3 Golf Course $725.00 E 45-4335-045-45 PAR 3 SECURITY SYSTEM Golf Course $499.00 E 01-4400-110-10 CONF EXPENSE - SCHUTTA Administration $515.00 E 45-4310-210-45 CONCESSIONS - PAR 3 Golf Course $5.36 E 08-4335-000-00 CITY HALL RECYCLING Spec Fds $24.00 E 45-4310-210-45 CONCESSIONS - PAR 3 Golf Course $21.33 Search Name U. S. BANK $7,499.07 Search Name LISTA NORTHERN E 01-4435-200-70 TENNIS MEMBERSHIPS Parks & Recreation $360.00 Search Name USTA NORTHERN $360.00 Search Name VITO MECHANICAL CONTRACTORS E 45-4335-045-45 PLUMBING REPAIR - PAR 3 Golf Course $425.00 Search Name VITO MECHANICAL CONTRACTORS $425.00 Search Name WSB & ASSOCIATES E 29-4220-000-00 STORMWATER MGMT PLAN Spec Fds $12,274.75 Search Name WSB & ASSOCIATES $12,274.75 Search Name YEZBECK, ANTHONY R 01-3144 REFUND RENTAL LICENSE $75.00 Search Name YEZBECK, ANTHONY $75.00 $164,464.69 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT MAY 2016 BALANCE COLLATERAL American Bank Checking Account .02% $39,165.98 Savings Account .02% $640.59 $39,806.57 Collateral - Bonds $1,200,000.00 Gov't. Guar. $250,000.00 Investments Cost PV Saving Cert 1/26/15 @0.15% Cherokee $13,952.59 $13,952.59 FHLMC 2.00% 12/18/20 $750,000.00 $750,000.00 FHLMC 1.00% 04/28/21 $750,000.00 $747,150.00 GE Capital Financial Inc 2.05%11/4/16 $245,000.00 $246,421.00 American. Express Cent Bank 2.05% 12/1/16 $245,000.00 $246,656.20 Compass Bank 1.30% 12/11/17 $245,000.00 $245,360.15 Ally Bank 1.25% 12/11/17 $245,000.00 $245,210.70 Bankunited Natl Assn 1.100% 02/20/18 $245,000.00 $244,551.65 GE Capital Retail Bank 2.00% 7/6/18 $200,000.00 $202,142.00 Sallie Mae Bank 2.050% 11/20/18 $245,000.00 $247,913.05 BMW Bank 2.00% 12/11/18 $245,000.00 $247,621.50 Comenity Bank 2.00% 07/15/19 $200,000.00 $203,374.00 Capital One Bank USA 2.00% 08/12/19 $245,000.00 $247,356.90 Capital One Bank 2.00% 08/12/19 $245,000.00 $247,356.90 World's Foremost Bank 2.00% 08/13/19 $200,000.00 $203,138.00 Cit Bank 2.15% 11/13/19 $245,000.00 $245,149.45 Goldman Sachs Bank 2.20% 12/17/19 $100,000.00 $101,437.00 Discover Bank 2.050% 06/10/20 $200,000.00 $201,724.00 Orrstown Bank 2.00% 08/28/20 $245,000.00 $245,923.65 Parkside Finl Bank & Trust 1.50% 01/24/21 $245,000.00 $245,436.10 HSBC Bank 1.25% 11/09/21 $245,000.00 $245,396.90 Fidelity Institutional Government Portfolio (Piper) $573,390.53 $573,390.53 Gov't. Securities Fund 28% Sold 6/4 $433,187.00 $1,031,000.00 MMkt Fd (WF) $663,272.45 TOTAL FUNDS AVAILABLE 05/31/2016 $7,308,609.14 Funds Available 1/1/2016 $12,023,991.13 Rates Money Market May Bank 0.02% 5 Yr. Tr. 1.37% 10 Yr. Tr. 1.84% page 112 So. page 113 1101 Victoria Curve I Mendot 5p 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com r WPP�— CITY OF MENDOTA HEIOHT�; Request for City Council Action DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Change of Start Time for Aug 2nd Council Meeting COMMENT: DISCUSSION This year's Night to Unite is scheduled for Tuesday, August 2nd, which is the same night as a city council meeting. In years past, the city council has chosen to start their meeting on this night an hour later so that councilmembers and staff can attend parties being held by various neighborhoods. If this is the desire of the council, the official start time of the August 4th city council meeting would be posted as 8:00 p.m. RECOMMENDATION If the council desires, a motion to approve changing the time of the August 2, 2016 city council meeting to 8:00 p.m. would be in order. Approval of this action requires a majority vote of the city council. a e 114 nd, Vic Curve I 7F 651 452.1850 phone 9a. www.menoota Carr OF MENCIOTA 1—IEIGI—IT'S Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Resolution Approving Conditional Use Permit at 675 1St Avenue COMMENT: Introduction The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof -mounted solar energy system at 675 1St Avenue. The City Code allows solar energy systems as a conditional use in all zoning districts, subject to conditions. Background The subject parcel is approximately 19,000 square feet and contains an existing single-family residential dwelling with an attached garage under construction. The proposed solar energy system is complaint with the applicable City Code standards for such a structure and for conditional use permits. The proposed conditions of approval require a building permit to be issued prior to installation and abandonment provisions. The Planning Commission conducted a public hearing at the June 28 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-57. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-57 APPROVING A CONDITIONAL USE PERMIT AT 675 1St AVENUE. Action Required This matter requires a simple majority vote. page 115 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-57 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT 675 1St AVENUE WHEREAS, Blue Horizon Energy, LLC, on behalf of the property owner, has applied for a conditional use permit as proposed in Planning Case 2016-19 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on June 28, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-19 is hereby approved with the finding of fact that the proposed project is compliant with the applicable City Code requirements. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2016-19 is hereby approved with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. The applicant shall provide the appropriate authorization to the city concerning the interconnection agreement with Xcel Energy. 3. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 4. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. Adopted by the City Council of the City of Mendota Heights this sixth day of July, 2016. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST: Lorri Smith, City Clerk page 116 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , CITY OF MENDIDTA HEIGHTS Planning Staff Report DATE: June 28, 2016 TO: Planning Commission FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-19 Conditional Use Permit APPLICANT: Blue Horizon Energy, LLC PROPERTY ADDRESS: 675 1St Avenue ZONING/GUIDED: R-1 One -Family Residential/LR-Low Density Residential ACTION DEADLINE: July 26, 2016 (60 days) DESCRIPTION OF THE REQUEST The applicant, on behalf of the property owner, is seeking a conditional use permit to install a roof -mounted solar energy system at 675 1St Avenue. Title 12 -1D -18-A allows solar energy systems as a conditional use in all zoning districts, subject to conditions. BACKGROUND The subject parcel is approximately 19,000 square feet and contains a single-family residential dwelling with an attached garage under construction. The City Council recently adopted Ordinance 485 creating standards for alternative energy systems, as part of Planning Case 2015-34. The intent was to ensure the same standards are applied to each solar energy system in an effort to encourage sustainable practices that do not adversely impact the community. ANALYSIS Comprehensive Plan Solar access protection is included in the Land Use Plan -Resource Protection section of the 2030 Comprehensive Plan (page 72-73): Solar Access Protection The City of Mendota Heights has historically planned for solar access protection within its Comprehensive Plans. The rationale for including a solar access protection element in the Comprehensive Plan is to assure the availability of direct sunlight to solar energy systems. A large share of the energy consumed in Minnesota is used for purposes that solar energy could well serve such as space heating and cooling, domestic hot water heating and low-temperature industrial processes. Collection of solar energy requires protection of solar collectors' sky space. Solar sky space is the portion of the sky that must be free of intervening trees or structures for a collector to receive unobstructed sunlight. According to the Minnesota Energy Agency, "simple flat plate collectors have the potential to supply one-half of Minnesota's space hepig, cooling, water heating and low-temperature industrial process heat requirements. " Solar Access Goals and Policies: Goal 1: Protect reasonable access to direct sunlight for solar energy systems. Policies: Consider modification of existing ordinances to protect access of direct sunlight to rooftops of all principal structures. Encourage developers to establish covenants that do not restrict the development and use of active and/or passive solar energy systems. Encourage buildings and developers to offer solar energy system options, to the extent practical, for space heating and cooling and hot water heating in new residential, commercial and industrial developments. Conditional Use Permit Title 12 -1D -18-A-3 of the City Code includes the following standards for roof -mounted solar energy systems: Roof Mounted Systems: a. Height: The maximum height of the system shall not exceed the structure height requirements in the applicable zoning district. The existing dwelling is compliant with the R-1 District height requirement. The proposed solar energy system will be mounted on the attached garage structure and will not extend above the highest peak of the structure. b. Setbacks: The system shall comply with all building setback requirements in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. The proposed solar energy system will not extend beyond the exterior perimeter of the building. c. Mounting: The system shall be flush mounted on pitched roofs or may be bracket mounted on flat roofs. Bracket mounted collectors shall only be permitted when a determination is provided by a licensed professional qualified to certify that the underlying roof structure will support loading requirements and all applicable building standards are satisfied. The proposed solar energy system will be bracket -mounted to the flat roof structure. The applicant has provided an engineering report for further review as part of the building permit process. d. Maximum Area: The system shall not cover more than eighty percent (80%) of the roof section upon which the panels are mounted. The proposed solar panel area is approximately 463 square feet, which will occupy approximately 55% of the total applicable roof section. In addition, Title 12-1D-18 of the City Code includes the following additional conditions for all solar energy systems: 5. Screening: Solar energy systems shall be screened from view to the extent possible without impacting their function. Systems located within the business and industrial zoning districts may be required to comply with the standards in subsection 12 -ID -13-2C7 of thispargte l 18 here practical. According to the applicant: The system as proposed at the Justen Residence will be installed on the flat garage roof. The solar array will be set back from the south (road side) of the roof by over 3 feet. The solar panels will be positioned at a tilt of only 10 degrees from horizontal. Because of that, they will only be 12" off of the roof surface at the tallest point. The roof also has a slight slope down to the north making them even harder to view from the road. There is no practical way to screen them further without directly affecting the panels output. I've attached a layout showing the proposed system from several orientations. The inverter for the system will be installed on an interior wall of the garage and completely out of view. 6. Color: Solar energy systems shall use colors that blend with the color of the roof material on which the system is mounted or other structures. According to the applicant, the roof material is black EPDM rubber and the panels are also black in color. 7. Glare: Reflection angles from collector surfaces shall be oriented away from neighboring windows and minimize glare toward vehicular traffic and adjacent properties. Where necessary, the city may require additional screening to address glare. According to the applicant, the panels being used on this project have anti -reflective glass to minimize glare. 8. Utility Connection: a. All utilities shall be installed underground. According to the applicant, the solar system is connecting to the main electric service for the home via conduit that is run within the building and the main electric service for the house is buried underground. b. An exterior utility disconnect switch shall be installed at the electric meter serving the property. The proposed project includes the required exterior switch. c. Solar energy systems shall be grounded to protect against natural lightning strikes in conformance with the national electrical code. According to the applicant, the proposed system will be grounded per National Electric Code. d. No solar energy system shall be interconnected with a local electrical utility company until the company has provided the appropriate authorization to the city, in compliance with the national electrical code. According to the applicant, the system will be subject to a state electrical inspection and witness test with Xcel Energy to verify compliance with the National Electric Code. 9. Safety: a. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air - Conditioning Engineers (ASHRAE), ASTM International, British Standards Institution (BSI), International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SR CC) or other standards as determined by tPe PiVil19lding official. b. Certification: Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating And Certification Corporation or other body as determined by the community development director. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. According to the applicant, the system design and equipment as proposed meet or exceed all minimum standards in place today. 10. Easements: Solar energy systems shall not encroach upon any public drainage, utility, roadway, or trail easements. The proposed solar energy system will not encroach on any easements. IL Abandonment: Any solar energy system which remains nonfunctional or inoperable for a continuous period of twelve (12) months shall be deemed to be abandoned and shall be deemed a public nuisance. The owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. This requirement is included as a conditional of approval. Title 12 -1L -6-E-1 of the City Code contains standards for reviewing conditional use permit requests; the following are to be taken into consideration: • The effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands; • existing and anticipated traffic conditions including parking facilities on adjacent streets; and • the effect of the proposed use on the comprehensive plan. In addition, the following standards must be met: • The proposed use will not be detrimental to the health, safety or general welfare of the community; • will not cause serious traffic congestion nor hazards; • will not seriously depreciate surrounding property value; and • the proposed use is in harmony with the general purpose and intent of the City Code and the comprehensive plan. Based on the information included in the application submittal and provided by the applicant, the proposed project is compliant with the applicable solar energy system and conditional use permit standards. ALTERNATIVES 1. Recommend approval of the conditional use permit request, based on the finding of fact that the proposed project is compliant with the applicable City Code requirements, with conditions. 2. Recommend denial of the conditional use permit request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. 3. Table the request and direct staff to extend the application review period an additioRgRd0 d�ys, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the conditional use permit request based on the finding of fact that the proposed project is compliant with the applicable City Code requirements (Alternative 1), with the following conditions: 1. The applicant obtains a building permit prior to installation of the proposed solar energy system. 2. The applicant shall provide the appropriate authorization to the city concerning the interconnection agreement with Xcel Energy. 3. If the proposed solar energy system remains nonfunctional or inoperable for a continuous period of twelve (12) months, it shall be deemed to be abandoned and shall be deemed a public nuisance. 4. If abandoned, the property owners shall remove the abandoned system, including the entire structure and transmission equipment, at their expense after obtaining a demolition permit. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials page 121 Planning Case 2016-19 City of 675 1st Avenue Mendota 0 25 Heights Date: 6/18/2016 SCALE IN FEET 1 ST AVE � � Ll -.w" GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 122 BLUEHORIZON t ry t N U r 171 Cheshire Lane N. Suite 500 Plymouth MN 55441 City of Mendota Heights, Planning Commission/City Council City of Mendota Heights 1101. Victoria Heights MN 55118 Re: Leroy and Patricia Justen Roof Mount Solar Array 5/25/2016 Dear Planning Commission: We are applying for the required City of Mendota Heights CUP far the Justen's roof -mounted solar array. For the Justen's property, the roof -mounted system is the most appropriate and efficient solar installation that meets all the needs they are seeking for the clean energy. The Justens will use the power generated from the solar array. The extra energy produced will he exported to their utility company, Xcel Energy. The process of interconnecting has been created with xcel Energy. At Blue Horizon Energy LLC, we present this CUP for approval of the Planning Commission for the reasons: • We have compiled the necessary CUP application requirements • We have compiled all the information that the system is composed of with approved specs from engineering showing the safety and guarantee of the solar system. We appreciate the consideration for the solar array installation and working with Mendota Heights in providing the Justen family with the high standard services we provide and meeting the needs they need for providing a better tomorrow for future generations. ,rQi rl 't 5/25/2016 Amanda Stroud Administrative Assistant, Blue Horizon Energy LLC page 123 r'-41 VIr•Ic.n4iCur4-u 1 r•ICncI*ta ypy0.;, r.rr; :Srl� G5kA52M50IMne 551. ;a1 `i •1 f,M rMy'a 1l1 91I v-4 1i1� �_U 111 ofT 1111111111110W� C1 I `r r7r MENLI07A HiFiCHTIE" . Use Only: - (A --- Fee Paid: I " I X-., � es4Wo ► f -L ' I,& -- Staff Initials' Case A: ?,..I Application Date: Applicable Ordinance #:_ fit p _ Seen:_ Existing Zoning: p --d _ Proposed Zoning: C, ••• Existing Use:_ C, F Proposed Use:_5 4P" Property Address/Street Location: 675 '1st Ave Mendota Heights Applicant Name: Blue Horizon Energy LLC Phone: 952-544-5506 I Applicant F_ -Mail Address: arnan�:s _�c� � uvl�ori�onenerg�r,c�m � �_. Applicant Mailing Address., 171 Cheshire Lane fel Suite 500 Plymouth n, H 55441 Flrip; rty Owner Narr.0: Lee and Tri -0 ,Justan phone: 952 44 5 -7 2/13 Property Owner adinq;zdress: 150 6TH S'i E APT 'IQ SAINT OALJL MN 55101 !.1=w,nt;:l Pascription & FIN of Property. (rvmipteta Legal front Ti�,i�a rid. Deed must be provided) ._37625-01-040 IVY FALLS CREEK ADD Type of Request: LJ Rezoning W Conditional Use Permit ❑ Interim Use Permit C1 Variance ® Wetlands Permit ❑ Preliminary/Final Plat Approval ® Lot Split FI Critical Arra Pcrrnit D Cornpreh�—nt&e Plan Amendment GJ Code Aim:ridnreW Ap,- e aOfficM` hereby dodare that ail ifs £!iii, rp.qu2st and on tha, additional material are true. I further authorize City Offic4iii, ar' l nqe nes ,, €c7 ir°ispect tNe above property during daylight lours. Signature of.,Applicart Date Signature 6fjlO,,,rrr` Date AL IN�ignature of Own it i,ioo� l[lail one) Date Planning Application {rrrodified Y21312015) Page 1 of 1 page 124 1101' ctma CLrMm I Mornclota Hvigh s HN 551119 G51 �� 1>dSGI �hars I 651,757 B�a�IU ft7k v�wVN".+rer,ncrla•ha�tlp�rs�~ur++ w MJF rr/lEN007A HGIMI--IT—,-,- CONI1ITIONAcL USE PERMIT APPLICATION Applications wili be :checl_iled for consideration by the Planning and/or City Council only after all required rnatcrials have, bears submitted. App�icYation submittal cter dline�: are available on the City's website or VY ccrI.L aud)i� d'ic City Plan ler, Lake or incomplete applica[iorwio'? oai be haat err the agoi-ida. APPLICATION REQUIREMENTS: Office use 0- nly. Case #: ' r - 14 Applicant: E .- y LI -e- ', Address-. � 7 r I .4t .�++, "-c- Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. a SUbmit 1 el&+ tronlc copy and 2 hard copies (full-sizelto-scale) of all required plans. The foil -owing materials must be submitted for the appfication to be considered complete: W Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE: Planning llppilration foes do not cover bvilc'ing permit fees, utilities, or other fees which may be req ufred to conn poete the project 9 Completed Application Form(s). W Letter of Intent. 0 Required Plans, S to nevelopm<%nt Plar, , 1W Loc,,.tlon ni all buildingsir,c:kidinq and proposed. 1 L c1cation of -)Il t-adJaceni bu;ldings locaied within 35C' of the exterior boundaries of the property in gilesfion. ❑ Floor area ratio. ❑ Location and number of existing and proposed parking spa+ce�a. ❑ Vehicular circulation_ W Architectural elevations (type and materials used on -Al oxlcrnr3.1 ;urf-Dc e ). ❑ Seger and water alignment, existing and proposed. LJ Location and candle power of all luminaries. �W� Location of all existing easements. Conditional Use Permit Application (modified 12r312015) Page I of 2. page 125 Dimension Plan: ® Lot dimensions and area. N Dimensions of proposed and existing structures. ❑ "Typical' floor plan and "typical' room plan. ❑ Setbacks on all structures existing or proposed on property in question. ® Proposed setbacks. Grading Plan: A/A--- ❑ Existing contour. ❑ Proposed grading elevations. ❑ Drainage configuration. ❑ Storm sewer catch basins and invert elevations. ❑ Spot elevations. ❑ Proposed road profile. Landscape Plan: �U . ❑ Location of all existing trees, type, diameter and which trees will be removed. ❑ Location, type and diameter of all proposed plantings. ❑ Location and material used of all screening devices. NOTES: see attached documents Conditional Use Permit Application (modified 121312015) Page 2 of 2 oo'julosuortjogonlq o3u? 006S'bb6'ZS6'Hd 81ISS NW "sTq LIopuoW `onuoAV 'Tsl -9L9 :SSHg(IQV ibbSS XW `ulno-,'ld `OOS o1?nS `N o--1 oj!gsogD ILio � ua;snp ;);)-Ipue gsLxy :gHNMO o o vi 0 0 j A 9 8 3 N 3'S' s Wa.LSAS ,Ad,, U"OS JOOZI w o 5E o h IVIJ Q21.LSVTIVg M19 Q2[SOJOHd aauapisan ua;snr :H I,LLL h 4 w w zNOZIHOHN w W w WHIFIVISKI HVIIOS 81 Igg NW TopuoW'onuoAV 'sl -SL9 :NoivjOU`c04 U R a/ (4 N w ai yQma)� E w -° m `O a 3a� v,w : O O . O a m 50�m a) N . U 'O r— 3:N 0 O D co t 'a a Ua ouq Xliodw l I 10) � ,�z O w � H �� °/a� R ai `O0 W 0 ou M- R Co ma o o C'4 coa O - C4 RO N O C) 2 1 u _ 0 u � W -0 O N Om 30a 5 .3 Vw �a 916= co a j a v w o o 5 z 070) ca HOac, om�N W co ° c OU ao > U'a >a N aYA=w U R W N ^2 w> J D O c r N M W ouq Xliodw l I � ,�z W co� �M 00 2 1 u yT'= o=o 2� aR O cn M L 0< L F 0 4- 0.2 0 LL R 0) R o y_ m M LI a` cn _� y N o 0 c E co z zr ' S- LOLL of o of �I o z a O �x L— — — — — — autl fuadotd �b=�b£i — — — — — —I N N Ou EDJ Q W Q LL O J J_ m Vi W d Q Q O W m W m O } W J W J d � o CD i N L 4 H �L LEI - aimv_� J J m Omx W H _ J W z H W0 w Ow }� z U W Z ¢ � X In X 'V da '� O _ 1 � D C7 z U- D Z� O } Q J z O W z 1 d J W O I-< N N Ou EDJ Q W Q LL O J J_ m Vi W d Q Q O W m W m O } W J W J d � o N N Ou EDJ Q W Q LL O J J_ m W d Q Q O W m W m O } W J W J �i I VOYAGEUR ADVANTAGES: • High -efficiency, US -made monocrystalline cells deliver greater power density. • Double -glass design for increased durability. • Made in the USA. Focally manufactured in Mt. Iron, Minnesota and qualifies for Made in MN state incentives. © Glass back enhances durability without additional weight. • Fully silicone -sealed junction box for improved weather protection. • 50 -cell design compatible with widely available residential and commercial mounting systems, microinverters and DC optimizers. • Industry leading 10 -year workmanship and 30 -year power warranty. E� Coe it MADE IN USA G US ARRA COMPLIANT ELECTRICAL CHARACTERISTICS MEASURED Rated Power (PMAX)Watts 275 % 280 285 Maximum Power Voltage (VMd 31.0 31.2 31,3 Maximum Power Current 0..) 8.94 9.07 9.20 Open Circuit Voltage (V,,) 39.4 39,5 39.7 Short Circuit Current (I,d 9.58 9.71 9.84 Maximum System Voltage (V,) 1000 1000 1000 Module Efficiency 16.4% 16.7% 17.0%4 Series Fuse Rating (Amps -PC) 15 15 15 "'Standard Test Conditions (STC) at I000W/m? AM I.5 spectrum, 771P/251C cell temperature. Module Weight " 49.6 lbs Cells 60 monocrystalline silicon. cells Diodes 3 bypass diodes Frame Clear anodized aluminum Design Load 113 psf downward, 50 psf upward Construction Heat treated glass, low iron front with anti -reflective coatis Connectors (afire) Arnpherioi H4, (12 AWG, PV Wire, length --�38 inches) Junction Box ' 4P65- [2.6 66.E L$ 2e 1; O J I mm 34mm r Not to scale. SPECIFICATIONS SUBJECT TO CNrl+;;; : 7 Ti-' )UT A10TICE ATTENTION: THOROUGHLY READ INSTRUCTIONS ±,1+ USF.:S MANUAL BEFORE INSTALLING Wattages subject to availability. 1.34 n Alin. anon r l.tcn. SILICON ENERGY MN, LLC PO Box 376 8787 Silicon Way Mt. Iron, PAIN 55768 Tel: 218.789.1710 wlvvw.s i 9 i c e n-energy.com smc:mn enc2rgq CERTIFICATIONS WARRANTIESr Workmanship 10 years Warranty Power Warranty 30 year limited power warranty UL 1703, (Canada and US) Certifications Class C Fire Rating CEC Made in Minnesota Qualifications Made in USA Wattages subject to availability. 1.34 n Alin. anon r l.tcn. SILICON ENERGY MN, LLC PO Box 376 8787 Silicon Way Mt. Iron, PAIN 55768 Tel: 218.789.1710 wlvvw.s i 9 i c e n-energy.com smc:mn enc2rgq This family of single-phase string inverters complements the typical number of rooftop solar panels enabling homeowners to gat the most efficient energy harvesting for the size of the property, This inverter offers a dual input section that processes two strings with independent Multiple Power Paint Tracking (MPPT). This is especially useful for rooftop installations with two different orientations from two sub -arrays oriented in different directions, or unbalanced strings (for example: East and West), The dual -input sections with independent MPPT enable a more optimal energy harvesting condition. ymreWlPolllu�ui +5t+� ,R1.�4.�'no�.n..m�,� c The high-spead MPPT otters real- time power tracking and improved -, !,.-,,vesting. The flat efficiency curve ensures high - efficiency at all output levels allowing a consistent and stable performance across the entire input voltage and output power range. The transformerless operation gives the highest efficiency of up to 97.0 percent. The wide input voltage range makes the inverter suitable to low-power installations with reduced string size. This rugged, outdoor inverter has been designed to be a completely sealed unit, to withstand the harshest environmental conditions. Highlights — Single-phase and three-phase output grid connection -- Wide input -voltage range for increased stringing flexibllity and energy harvesting — The high-speed and precise MPPT algorithm offers real-time power tracking and improved energy harvesting — Outdoor NEMA U rated enclosure for unrestricted use under any environmental conditions — Integrated DC disconnect switch in compliance with international Standards (-S Version) Power and productivity JL 11 for a better worldT1" Ter.ltnlral data and type, page 131 Additional ho--f1ll0f1in 96% — RS -485 communication interface _._._--•-•-• __ (for connection to laptop or data c 0.6WAMS logger) — Available with the optional VSN300 AU Wifi Logger Card for easy and affordable w,r-eless .monitoring — Compliant w th NEC 690.12 when ,rt used with ABB's Rapid Shutdown VSN700 Data Logger (opt.)VSN300 Wifi Logger Card (opt.) device — Cornes sandard With DC Arc Fault -13°F to +140°F (-25°C to WC) with derating above 122°F (50'Q Circuit fnterruptor (AFCi) to comply " with NEC 690.11 _ 0-100% RH,condensing Acoustic noise emission level it Maximum operating altitude wfthout derating y Mme. Ter.ltnlral data and type, maximum elTlciency 96.9% 97% 97% 97% CEC efficiency _ – 96% Operating performance _._._--•-•-• __ Nighttime consumption c 0.6WAMS General specifications < 8W," Communication User -interface 16 characters x 2 lines LCD display Remote monitoring (1xRS485 incl) VSN700 Data Logger (opt.)VSN300 Wifi Logger Card (opt.) Nominal output power — 3000W -13°F to +140°F (-25°C to WC) with derating above 122°F (50'Q 36,00W 33W0 3800W -40°F to +176°F (-40°C to +80°C) 420OW _ 0-100% RH,condensing Acoustic noise emission level _ < 50 db (A) @1m Maximum operating altitude wfthout derating 6560ft {2000m) Maximum output power wattage 3000 3300' 3300' 3600 4000' 4000'' 3300 4200' 4200'' 4200 4600' 4600' W W W W W W W W W W W W Rated grid AC voltage 205V 240V 277V 208V 240V 277V 208V 240V 277V 208V 240V 277V Input side (DC) Number of independent Mf PT channels 2 2 2 2 Maximum usable power for each channel 2000W 3000W 3000W 3000W Absolute maximum voltage (Vmax) 60 OV Start-up voltage (Vstart) 200V (adj..120-350V) Full power MDPT voltage range i 60-630V 120-53011 140-530V 1.40-530V Operating MDPT voltage range 0.7 x Vstan - 580V (a90V) Maximatm current (ldcmax) for both MPPT in 20A 32A 32A 32A parallel Maximum usable current per channel 10A 16A 16A 16A Maximum short circuit current limit per 12.5A 20.0A 20.OA 20,0A channel Number of wire landing terminals per channel 2 pairs Array_ wiring termination Terminal block, pressure clamp, AWG20-AWG6 Output side (AC) Grid connection type 10/ Split- 16/ 10/ split- 101 10/ Split- 10/ 10/ Split- 1 Oi 2W 0/3W 2W 2W 0/3W 2W 2W 0/3W 2W 2W 0/3W 2W Adjustable voltage range (Vmin-Vmax) (V) 183- 211- 244- _ - 183- 211- 244- ' 183- 211- 244- 183- _ _ 211- 244- 228V _ 264V 304V 228V 264V 304V 228V 264V 304V 228V 264V 304V Grid frequency _ 60Hz . Adjustable grid frequency range 57-60.5Hz Maximum current (lei. } 14.5A 14.5A 12.OA 17,2A 16.DA 16.OA 16.OA 16.10A 16.0A 20.OA 20.0A 20.0A Power factor > 0.995 (adjustable to 't0.8) Total harmonic distortion at rated power < 2% Grid wiring termination type Terminal block, Pressure clamp, AWG20-AWG6 Input protection devices Reverse polarity protection Yes Over -voltage protection type Varistor, 2 for each channel PV array ground fault detection Pre start-up R15, and dynamic GFDI (requires floating arrays) Output protection devices Anti-islandmg protection Meets UL1741 / IEEE1547 requirements Over -voltage protection type Va"stor, 2 (L, - La / L, - G) Maximum AC OCPD rating 20A 20A 15A 25A . 20A n 20A . 20A 20A 20A 25A 25A 25A maximum elTlciency 96.9% 97% 97% 97% CEC efficiency _ – 96% Operating performance _._._--•-•-• __ Nighttime consumption c 0.6WAMS Stand-by consumption < 8W," Communication User -interface 16 characters x 2 lines LCD display Remote monitoring (1xRS485 incl) VSN700 Data Logger (opt.)VSN300 Wifi Logger Card (opt.) Environmental — Ambient air operating temperature range -13°F to +140°F (-25°C to WC) with derating above 122°F (50'Q Ambient air storage temperature range -40°F to +176°F (-40°C to +80°C) Relative humidity _ 0-100% RH,condensing Acoustic noise emission level _ < 50 db (A) @1m Maximum operating altitude wfthout derating 6560ft {2000m) 1. capability enabled at nominal AC voltage and with sufficient DG power available 2 A8f3 solar inverters I Product flyer for PVI-3.0/3.6/3.8/4.2-TL-OUTO Block diagram of PVI-3.Of3,6/3.314.2-TL-OUTD page 132 ----- ---------------------------- ---,---_-_.---.------------------------------------------------------------------. MDPTI IMPMR Wl,lta} / ILIC/OC1 MAKCAIPS WJACf LINE GIOUPAKALIr[ FILTER RELAY a • a i �� {� 1 Lf INI INI WI IN1 1 W1 MT y N W13f•I ' Dc AFOI --- r----- MP"2 T J • i i •�- 1 Pi SxxrAl CURRENTUt I EC 110N INl W1 IN2 IN2 Iy I IN2 IN7..11-1 1 -•4 a— , _ 1 �,+ PF - - - FlS0H5 ._ i -- WIRING BOX ----------- PN PCh10T[ COMFApL' i OCIAC b P CONT Nk eo:mz x PA L1 1 OCIECTION AL4kM PP NC t N.O CONrwoLONCun C L-------------------------- --------- ----------- -------•- Remote central function not available on -A version PVI-4.2-OUTD-US PVI-4.2-QUTD-US 2M Vdc 94'M Vdc 90 atfv vac 91 016 5096 21n6 3096 405i 5046 e056 1M...— CO'P' SO:n 10096 So of TA tea C},r Lit Power Technical data and types T -OUTD-US PVI-4,2-OUTD-U'S Mechanical specifications Enclosure rating. - NEMA 4x Cooling __..... - ................................................................................. ............................................................................._.........__......._.......................,......._......_......-._............. .............. ..................... ....... ._........ g Natural convection x. Dimensions H x W x D -.............................................................................................................................................._.........._.........._........................................_......_.-.• -.....,.................................................................................................................__.._..................--.---............................................. 33.8 x 12.8 x 8.7in (859 x 325 x 222mm)7 Weigh(......................................................................................................................... ........................................................ __.......... ...... I .........,¢47.31b..(21.3kg}'......... ................................................. Shippingwen.9ht....................... ............ ........... ........... .. .. _..-.._...� 6DIb(27.Dkj........,....................... Mounting system ............ ................................ ..... Wall bracket .....................................................................:.. ........__......._......__............................................................. itomi [2}�pre-drilled onenicg for e/ 1T cfn Conduits and concentric markings for 1 inch (both sides) and V/:, nch conduit (DC s de only) Conduit connections' Sides: (2) pre -drilled openir; for ,' inch ccnduits with conce-itric markings for 1 inch (both sides; and 11.z rich ccnd❑ `. (DC side only) ........•...• _..-,.,;,•_ --„______._...._----------------- 2 . concerltri•� markin s for inn qn j 1 inch conduits i7C svJitch rating Iger contact} (AIV) 25/604 Safety and Compliance _ Isolation level ........................_........................................................................................................,....... Transformerless Sfloatin arra] - - -.......................................................... UL1741, UL7741SA lEEE1547, SA Safety and EMC standard (draft}, lrl E 1547.1, -C22.2 N. 1(]7.1-61, UL1998 UL _............_.._.__.._........................................................................... 1699B FCC Part 15 Class 6 --...........:........................................................ - ............... 1c.......................................................•........................................................ Safety approval CSA. or JUV. fie Tonal Compliance Rule 21, HEC®, NEC 2014 690.11, NEC 2014 690.12 with AB8 Rapid Shutdown device Available models With DC switch, wiring box, arc fault detector and PVI-3.0-QUT - - T f5VI-3-6--OuTff--s- PVI-3.8-DtJTD-S- "PVI-4.2-CUTp-S- interrupter _ _ US -A US -AUS -A US -A 2. When equipped with optional OC switch and wiring box All data is subject to change without notice Product flyer for f VI-3.013.6/3.8/4.241--OUTD I ABB solar inverters 3 page 133 ups°rrrt ,, n•'r °' 1'r' £' For more information please contact 0 Copyright 2015 ABB. All rights ABB supports its customers with a your local ABB representative or visit: reserved. Specifications subject to dedicated, global service organization change with7ut notice_ in more than 60 countries• with strong www.abb.com/sol,arinverters regional and national technical partner 0�� networks providing a complete range of www.abb`caen�r�` 4 life cycle services. Tnis inverter is marked with one of the Nvo cer:ificat on marks shown here (TuV nr CSA) vvorld"' PLANNING CASE 2016-19 PUBLIC HEARING NOTICE MAILING LIST Cassandra Schmidt Charles E & Judith M Golla 699 2nd Ave 685 Brookside Ln Mendota Heights Mn 55118 Saint Paul Mn 55118-2829 Christopher Robert Schultz 675 Brookside Ln Mendota Heights Mn 55118-2829 Elizabeth Mulcahy 671 2nd Ave Saint Paul Mn 55118-2807 Gregory J & Patricia Roedler 665 Brookside Ln Saint Paul Mn 55118-2829 James R & Kristine R Rollwagen 670 Brookside Ln Saint Paul Mn 55118-2817 Joseph G & Barbara A Richter 659 2nd Ave Mendota Heights Mn 55118-2807 Mark Allen & Julie A Sunberg 3529 Birchpond Rd Eagan Mn 55122 Michael D & Elizabet Obrien 678 1 st Ave Mendota Heights Mn 55118 Phillip H & Lynda Mc True 660 Brookside Ln Saint Paul Mn 55118-2817 Douglas Arlen Tste Danner 688 1 st Ave Mendota Heights Mn 55118 Frederick J & Janet Schomaker 1400 Clement Ave Mendota Heights Mn 55118 Herbert G & Patricia Strozinsky 8970 Coffman Path Inver Grove Heights Mn 55076 Jeffrey L Tste Thames 693 Brookside Ln Mendota Heights Mn 55118-2829 Leroy J & Patricia A Justen 250 6th St E Apt 107 Saint Paul Mn 55101 Mary Lena Samoszuk 697 Brookside Ln Mendota Heights Mn 55118-2829 Michael S Oxley 700 1 st Ave Mendota Heights Mn 55118 Ralph C & Carol Heussner 654 1 st Ave Saint Paul Mn 55118-2803 page 134 Charles M & Paula K Levenberg 689 Brookside Ln Saint Paul Mn 55118-2829 Douglas S & Lynn L Kennedy 688 Brookside Ln Saint Paul Mn 55118-2817 Gregory A & Joan K Jenniges 665 2nd Ave Saint Paul Mn 55118-2807 James & Erica Macdonald 671 Brookside Ln Saint Paul Mn 55118-2829 John C & Ione C Kalaus 1394 Clement St Saint Paul Mn 55118-2724 Lisa R Griebel 694 1 st Ave Mendota Heights Mn 55118 Michael & Jenna Manning 661 1 st Ave Mendota Heights Mn 55118 Patricia J Ruble Po Box 457 Princeton Mn 55371 Raymond Ramirez 668 1 st Ave Mendota Heights Mn 55118 Richard Condon Richard S & Leanne M Lonson Robert A & Christine Wichner 681 Brookside Ln 678 Brookside Ln 693 2nd Ave Mendota Heights Mn 55118 Mendota Heights Mn 55118 Saint Paul Mn 55118-2809 Robert E & Geri M Doane 660 1 st Ave Mendota Heights Mn 55118-2803 Robert J & Diane Sullwold 667 1 st Ave Saint Paul Mn 55118-2804 page 135 Roger W & Terry J Blum 669 1 st Ave Mendota Heights Mn 55118 Thomas D & Edythe Hockenberry Timothy J & Amy M McManus Vincent J & Dana M Pagnotta 696 Brookside Ln 655 Brookside Ln 657 1 st Ave Mendota Heights Mn 55118 Saint Paul Mn 55118-2829 Saint Paul Mn 55118-2804 page 136 �� .�� '�.:� �� +1:� ;� � .� i ,� � , Vii+ �� •{. � .� Stade of N3innt': ,,;:, coun[" CA Jf c i.'�lr: X1:1'i -j :,.: ..,worn, on oath. says that h o sl -e is We I;u blislier cart lh c r f+ -d agent avid emp -°yee of the pu s:lsf:er cel the newspaper known as : (-)Lj l i t-'vt'l: l a(EV I i-:'4'+' , and has full knowledge: of the facts which area stated below: (A) -the newspaper has compliec with all of the requirements constituting qualification as a qualified newspaper, as provided by Krinesota Statute 331A.02, 331,x.07, and other applicable laws, as amended. (B) The printed 11OTJC- OF HEARING which Is attached was cut from the columns of Bald nrwspsper, and was printed and published once each week, for 1 successive weeks, it vias first published ort SUNDAY the 121 day of JUNE 20 16 , and was thereafter printed and published on every to and including , the day of , 2t7 ; and printed Wow is a copy of the lower case alphahet from A to Z, bath inclusive, viii -J— i hereby acknowledged as beirg the size and kind of type Used in tree composition and publicatior of til' 'ARCDEFGMiJ4LM4C3PQRS7LF1 XYZ •ABCDEFGH J IM14OPQRS-UVWXYZ 'abcd�ighiJkrmn4�grsRuwv'�xyz B Y: i .A rrli4r;ratsiarE vul ,,{ rl .,; f�� <:,wr r , 5 C,r' TITLE L AL i✓OC}RaYiVA-rQR -his B"'daF,l JUNI• L 11ii�=� j "Alphabet snuild be rt Ih, 4c: ° ., i;.:r. ui r:l kind Irl type as the notice. w 11'1"`AR.VI y G Ivat�ry PuUtit Mini 5s ;::SAFE IhIF�DRh'IATIaN �hRpC�r�dK�'nnFxpl�l ie_;t, � �c�r, (1 J Lahr St ela5sified rate pyid n� romn-ierciall users for comparable -----------................................................:3t (2) k1aXIII-lurn rate allowed by law for the abOvc:-na,tcr-•........................•............. .`.7f:; t":i".! (3) Rate actually charged for the above rrratter „........................ y;er ':rel r:l 1116 page 137 CtTY OF MEN130TA HEIGHTS NC7TICE OF HEARING je PUBLIC HEA,RINQ ON A COWDITIO,NAL USE PERMIT AT 675 1 at AVENUE. NOTICE It hereby giv*r that the Planning Commisalon of Mendota. Helghis wilt meet at 7:00 P.M., or as soon as pogslble dwreelter, on Tuesc!",, June 25, 2W6 In tha telly Hall Ccunclr0hambers, I101 V,cWrls Cure, Mardc:a Heights, Minnesota, M annsider a cmrJltnnrl Lisa nermll request at 675 19t AVfff1LJe to inslal l a, N71-m0un'od sala.^ 6lergy system. This request has barn asvlgned Planning Case numloor 2016-19 This nor P6 Is pursuant to TY.ie 12 {2aning) of 1ha Menoma Heights CHy Coda. Sixh p®rsons a� desira tp to heard vAh reference to this request will he head m this meeorg. Ldittl Sfnllh City Clark ;South•West Review: Tuna 1 Z 201 B) 1101 Victoria Curve I mage 138-'1; 651 452.1850 phopel 9b. T WPM— CITY OF IVIENDOTA HEIGHTS Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Resolution Approving Lot Line Adjustment at 1787 Lexington Avenue/PID# 27- 81275-02-060 COMMENT: Introduction The applicant, on behalf of both property owners, is seeking approval to adjust a shared interior lot line and vacate an existing drainage and utility easement. The request requires City Council approval before being recorded by Dakota County. Background The property owners of 1787 Lexington Avenue are interested in selling 5,187 square feet of the existing rear yard to the owners of the adjacent, undeveloped parcel, who reside at 1122 Orchard Circle. The existing accessory structures will be removed and the proposed adjustment does not cause any non - conformities on either lot. The Planning Commission conducted a public hearing at the June 28 meeting; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission recommended approval of the request, with conditions, as described in Planning Case 2016-20. If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-58 APPROVING A LOT LINE ADJUSTMENT AT 1787 LEXINGTON AVENUE AND PID# 27-81275-02-060. Action Required This matter requires a simple majority vote. CITY OF MENDOTA HEIGHTS page 139 DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-58 RESOLUTION APPROVING A LOT LINE ADJUSTMENT AT 1787 LEXINGTON AVENUE AND PID# 27-81275-02-060 WHEREAS, Maris Kurmis, on behalf of both property owners, has applied for a lot line adjustment as proposed in Planning Case 2016-20 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on June 28, 2016. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot line adjustment request as proposed in Planning Case 2016-20 is hereby approved with the following findings of fact: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed adjustment will not cause any non -conformities on either parcel, based on the applicable zoning district standards. 3. The existing accessory structures on Lot 5 will be removed, so as not to create any non - conformities on Lot 6 as a result of the proposed adjustment. 4. The area in -question is better -suited to be included as part of Lot 6 due to the existing conditions. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot line adjustment request as proposed in Planning Case 2016-20 is hereby approved with the following conditions: 1. Upon closing on the sale of the property, the property owners shall file the appropriate documents to record the proposed adjustment with Dakota County. 2. The property owners shall dedicate the required drainage and utility easement along the new interior side lot line and extend the existing drainage and utility easement along the new north property boundary line on Lot 6, as shown on the Certificate of Survey, with Dakota County. 3. All existing accessory structures shown on the Certificate of Survey will be removed prior to recording the proposed adjustment with Dakota County. Adopted by the City Council of the City of Mendota Heights this sixth day of July, 2016. ATTEST: Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 140 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , T CITY OF MENDOTA HEIGHTS Planning Staff Report DATE: June 28, 2016 TO: Planning Commission FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-20 Lot Line Adjustment APPLICANT: Maris Kurmis PROPERTY ADDRESS: 1787 Lexington Avenue/PID# 27-81275-02-060 ZONING/GUIDED: R-1 One -Family Residential/LR-Low Density Residential ACTION DEADLINE: August 14, 2016 (60 days) DESCRIPTION OF THE REQUEST The applicant, on behalf of both property owners, is seeking approval to adjust a shared interior lot line and vacate an existing drainage and utility easement. The request requires City Council approval before being recorded by Dakota County. BACKGROUND The property owners of 1787 Lexington Avenue (Vals Addition, Lot 5, Block 2) are interested in selling 5,187 square feet of the existing rear yard to the owners of the adjacent, undeveloped parcel (Vals Addition, Lot 6, Block 2), who reside at 1122 Orchard Circle. According to both parties, the natural topography of the area in -question is better -suited to be located on Lot 6 and would ensure the existing vegetative buffer remains between the properties. ANALYSIS Comprehensive Plan The subject parcels are guided LR -Low Density Residential in the 2030 Comprehensive Plan. The request to adjust portions of two adjacent existing single-family residential parcels is consistent with the continued use of both parcels as low density residential uses. Lot Line Adjustment 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. As shown in the table below, based on the attached survey, the proposed lot line adjustment does not create any non -conformities with the applicable R-1 District lot standards: 'The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30) of the lot depth Based on the existing conditions and the proposed lot line adjustment, only the rear yard setback on Lot 5 is impacted. According to the applicable setback standard, which is 20% of the average lot depth, the required rear yard setback is 73.82 feet. The existing structure is located 94.6 feet from the new rear property boundary line and is compliant with the setback standard. The accessory structures noted on survey are proposed to be removed and a corresponding condition of approval is included to ensure no additional non -conformities are created by the proposed adjustment. The requested vacation of the existing drainage and utility easement running along the interior lot line will be transferred to the new line, as included in the proposed legal descriptions. In addition, the existing drainage and utility easement running along the northern property boundary line of Lot 6 will be extended across the entirety of the expanded parcel. ALTERNATIVES Recommend approval of the subdivision request, including the drainage and utility easement vacation, based on the attached finding of fact, with conditions. CIx, 2. Recommend denial of the subdivision request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. '1 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 approval of the subdivision request, including the drainage and utility easement vacation, based on the attached findings of fact (Alternative 1), with the following conditions: 1. Upon closing on the sale of the property, the property owners shall file the appropriate documents to record the proposed adjustment with Dakota County. R-11ning 'istrict Lot 5 Lot1 1787 Lexington/ 27-81275-02-060 Standard Existing Proposed Existing Proposed Lot Area 15,000 SF 65,081 SF 59,894 SF 16,544 SF 21,731 SF Lot Width' 100 ft. 162.43 feet 158.85 feet Front Yard Setback 30 ft. 213 feet 10' on each side or '/2 of the height of the 50.4 feet (north) Side Yard Setback structure contiguous to the side yard, 61.5 feet N/A - undeveloped whichever is greater, (south) to a maximum of 15' 30' or 20% of the Rear Yard Setback average lot depth, 126.6 feet 94.6 feet whichever is greater 'The maximum horizontal distance between the side lot lines of a lot measured within the first thirty feet (30) of the lot depth Based on the existing conditions and the proposed lot line adjustment, only the rear yard setback on Lot 5 is impacted. According to the applicable setback standard, which is 20% of the average lot depth, the required rear yard setback is 73.82 feet. The existing structure is located 94.6 feet from the new rear property boundary line and is compliant with the setback standard. The accessory structures noted on survey are proposed to be removed and a corresponding condition of approval is included to ensure no additional non -conformities are created by the proposed adjustment. The requested vacation of the existing drainage and utility easement running along the interior lot line will be transferred to the new line, as included in the proposed legal descriptions. In addition, the existing drainage and utility easement running along the northern property boundary line of Lot 6 will be extended across the entirety of the expanded parcel. ALTERNATIVES Recommend approval of the subdivision request, including the drainage and utility easement vacation, based on the attached finding of fact, with conditions. CIx, 2. Recommend denial of the subdivision request, based on the finding(s) of fact determined by the Planning Commission and/or City Council. '1 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 approval of the subdivision request, including the drainage and utility easement vacation, based on the attached findings of fact (Alternative 1), with the following conditions: 1. Upon closing on the sale of the property, the property owners shall file the appropriate documents to record the proposed adjustment with Dakota County. 2. The property owners shall dedicate the required drainage and utility easementg IN new interior side lot line and extend the existing drainage and utility easement along the new north property boundary line on Lot 6, as shown on the Certificate of Survey, with Dakota County. All existing accessory structures shown on the Certificate of Survey will be removed prior to recording the proposed adjustment with Dakota County. MATERIALS INCLUDED FOR REVIEW 1. Aerial site map 2. Planning applications, including supporting materials FINDINGS OF FACT FOR APPROVAL page 143 Lot Line Adjustment 1787 Lexington Avenue/ PID# 27-81275-02-060 The following Findings of Fact are made in support of approval of the lot line adjustment request in this case: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The proposed adjustment will not cause any non -conformities on either parcel, based on the applicable zoning district standards. 3. The existing accessory structures on Lot 5 will be removed, so as not to create any non -conformities on Lot 6 as a result of the proposed adjustment. 4. The area in -question is better -suited to be included as part of Lot 6 due to the existing conditions. Planning Case 2016-20 1787 Lexington Avenue Date: 6/8/2016 0 80 SCALE IN FEET page 144 City of Mendota Heights GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 145 To: City of Mendota Heights Planning Commission Letter of Intent The owners of the property at 1787 Lexington Ave. (Lot 5, Block 2, VaIs Addition) would like to sell the westerly end of their property to the owners of the adjacent lot (Lot 6, Block 2, Vals Addition), Brian and Joanne Mullen, of 1122 Orchard Cir. (Lot 4, Block 2, Vals Addition. The reason for this is that there is a natural break in the form of a small hill at that end of the property at the bottom of which the property continues for approximately 35 to 40 feet, exact dimensions to be determined by survey. The buyers are also interested in having their lot, currently undeveloped, extend to the bottom of the hill. The hill is overgrown with trees and bushes and seems to be a natural boundary between the two lots. The proposed readjustment of property lines would decrease the size of Lot 5, Block 2, Vals Addition from 1.5 acres to 1.36 acres and increase the area of Lot 6, Block 2, Vals Addition from 0.38 acres to 0.52 acres. The sellers, Ralfs and Mary Lou Mikelsons, and the buyers, Brian and Joanne Mullen, have already agreed to the terms of the sale. The sale, of course, is subject to your approval of the lot split. Thank you for your consideration of this proposal, Maris Kurmis, Applicant May 30, 2016 MENDOTA HEIGHTS Office Use Oniv. page 146 1101 V'CiOl-J Gliz-VE? K�!Pdot-a Heights, Njil 5,-!18 651A,52J8-5QphQne 1 651,4152.8940t -m Case #:—, ?ei! Ig , 2, Fee ,Paid:. 5-100 Application Date,- 5, Staff Initials. v- Applicable Ordinance #:_ Existing Zoning: Proposed Zoning:.. 4 A.. Existing Use: I A �rloposed Use: Property Address/Street Location jill—L. E Y i t) cv.-Topi Applicant Name:.. Applicant E -Mail Address:_ yv" t. L0 pplicant MailingIM Address:-,�O N.,11 NDQ I.- rope y Ow A Mslalne:dN Phone: _5Z,:5' - Property Owner Mailing Address: lvfz-XIIE5.9-reINJ fATA Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Type of Request: L1 Rezoning 0 Variance Dd Lot Split I -Ilk 851 Ll Code Amendment LJ Conditional Use Permit LJ Wetlands Permit LJ Critical Area Permit Q Appeal Ll Interim Use Permit LJ Preliminary/Final Plat Approval 0 Comprehensive Plan Amendment )54 Other &h I hereby declare that all statements rnade in this request and on the additional material are true. I further authorize City Officials and agents to inspect the above property during daylight hours. SigiKature of Applicant Date -M- "I" g/�511 (, Planning Application (modified 41512016) 6 - Page I of 1 &04/7 OY-C,17 OZ,/ page 147 1101 Victoria Curve ( Mendota Heights, I IN 55118 551.152.1850 phone 1 651,452.8910 fax kwiw.merid ota-heights_corn CITY 9F MENDOT'A HEIGHTS LOT LINE ADJUSTMENT APPLICATION Applications will be scheduled for consideration by the Office Use Only: Planning Commission and/or City Council only after all required materials have been submitted. Application Case #: - submittal deadlines are available on the City's website Applicant: r vim. r or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: J ? APPLICATION REQUIREMENTS: • Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete.- Fee, omplete. Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE., Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. I. Completed Application Form(s). `1 Letter of Intent. Certified Survey Map. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Certified Survey Map: ki Location, setbacks, and building height contiguous to the side yard measured based on applicable definition for existing structures on both parcels. Proposed property boundary lines, including dimensions. Lot size (acres and square feet). Lot width, measured as the maximum horizontal distance between the side lot lines within the first 30 feet of the lot depth. 1� Front, rear, and side yard setbacks, including a description of the applicable zoning district standards. Existing and proposed legal descriptions. j� Date, scale, legend, and north -point. Certification statement and signature of a licensed surveyor in the State of Minnesota, including license number and contact information. ❑ Such other information (i.e. utilities) as may be requested by the Engineer, Surveyor, or Planning Commission. Lot Line Adjustment Application (modified 4/5/2016) Page 1 of 1 113— ------------ � I I i >o n I I a o I I --i-. I 9 §I I, # s.s II ; N z li 20 L— ----------------- OL M --------------Ol'Z9l 3 .LO.MOO S J — — — — ____— II I `3N13 AIN—NE 03SOEOdd II I O I — 5L� a � s li � ° I I I I I I I 1 F I # e n � f9'Z9l I I ° I o _— 9,M -- 3 .92,90.00 S � I LgrINOTDN .f 4E: o Pr 9 — �— — lS'29l — — lS'29l — PLANNING CASE 2016-20 PUBLIC HEARING NOTICE MAILING LIST Alice H Dickinson 1115 Kingsley Cir S Mendota Heights Mn 55118 Barbara Kay Tste Nelson 1081 Marie Ave W Mendota Heights Mn 55118 Charles & Kathryn Cunningham 1138 Kingsley Cir N Saint Paul Mn 55118-4158 Daniel P McCollar 1089 Overlook Rd Saint Paul Mn 55118-3652 Eduardo Chavez 1068 Cullen Ave Mendota Heights Mn 55120 Edward T Evans 1137 Kingsley Cir S Mendota Heights Mn 55118 Fred & Karen Gordon 1135 Orchard Cir Saint Paul Mn 55118-4146 Gerald A & Marilyn F Strommen 1128 Orchard Cir Saint Paul Mn 55118-4146 James & Catherine Obrien 1118 Kingsley Cir N Mendota Heights Mn 55118 Ann M Hathaway 1146 Kingsley Ct S Mendota Heights Mn 55118 Bernice A Tste Bordenave 805 Las Cruces Ct Lady Lake FI 32159 City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 David Olin 1140 Orchard PI Mendota Heights Mn 55118 Edward C & Virginia Stringer 1135 Kingsley Cir S Mendota Heights Mn 55118 Eric C & Joanna R Hesse 1083 Overlook Rd Mendota Heights Mn 55118-3652 Gareth J & Tamara J St John 7 Mears Ave Mendota Heights Mn 55118 Harriette Fae Tste Rutstein % Harold Ramon Rutstein 1155 Kingsley Ct Mendota Heights Mn 55118 James Loving 1851 Orchard HI Mendota Heights Mn 55118 page 149 Arthur H & Judith Koch 1147 Kingsley Ct Mendota Heights Mn 55118 Brian E & Joanne J Mullen 1122 Orchard Cir Saint Paul Mn 55118-4146 Craig K & Cathy St John 1144 Kingsley Ct Mendota Heights Mn 55118 Dennis J & Bonnie J Finn 1157 Kingsley Ct Mendota Heights Mn 55118 Edward G III & Luann Hames 1136 Kingsley Cir N Mendota Heights Mn 55118 Erna G Tste Dawson 1164 Kingsley Ct S Mendota Heights Mn 55118 Geoffrey A Mason 1791 Overlook Ln Saint Paul Mn 55118-4134 Ivan J Posthumus 1091 Marie Saint Paul Mn 55118-4132 James W Tste Reagan 1410 Ocean Blvd S Apt S4 Pompano Beach FI 33062 Jane D Tste Freeman Jay C Phillips Joanne & Brian Mullen 1166 Kingsley Ct 1127 Orchard PI 1122 Orchard Cir Mendota Heights Mn 55118-4162 Saint Paul Mn 55118-4119 Mendota Heights Mn 55118-4146 John S & Kattie E Huberty 1140 Orchard Cir Mendota Heights Mn 55118 Kristin Coleen Reilly 1779 Overlook Ln Mendota Heights Mn 55118 Matthew C Camp 1127 Kingsley Cir S Mendota Heights Mn 55118-4161 Patrick & Kathleen Stead 1117 Kingsley Cir S Mendota Heights Mn 55118 Ralfs H & Mary Lou Mikelsons 108 Union Ct Ne Renton Wa 98059-5239 Robert G Fogt 1145 Orchard PI Saint Paul Mn 55118-4119 Robert M & Ann M Jones 1167 Kingsley Ct S Mendota Heights Mn 55118 Ruth W Hinsch 1125 Kingsley Cir S Mendota Heights Mn 55118-4161 Stevan C & Eve R Kafitz 1094 Overlook Rd Saint Paul Mn 55118-3654 Jonathan C & Abigail Gewirtz 1088 Overlook Rd Saint Paul Mn 55118-3654 Leon G Vig 1758 Lexington Ave S Saint Paul Mn 55118-3608 Meredith B Tste Alden 1156 Kingsley Ct Mendota Heights Mn 55118-4162 Paul G & Elaina K Perleberg 42111 Fremont Ave S Minneapolis Mn 55409 Ralph W & Pamela Nordstrom 1139 Orchard PI Saint Paul Mn 55118-4119 Robert J & Susan A Hughes 1117 Orchard PI Unit 1117 Saint Paul Mn 55118-4119 Roger K & Nona Mosvick 1133 Orchard PI Saint Paul Mn 55118-4119 Shawn P & Angela M Woessner 1134 Orchard Cir Mendota Heights Mn 55118 Thomas C Kelly 1849 Orchard Hill Mendota Heights Mn 55118 page 150 Judith Ann & Paul Ed Rhein 1116 Kingsley Cir N Mendota Heights Mn 55118 Martin H & Karole K Abelovitz 1850 Orchard Hill Mendota Heights Mn 55118 Nancy H Tste Punch 25648 North Cordova Ln Rio Verde Az 85263 Paul G & Lisa M B Dorn 1129 Orchard Circle Mendota Heights Mn 55118-4146 Richard J & Jane C Gatti 1126 Kingsley Cir N Mendota Hts Mn 55118 Robert J & Susan A Hughes 1117 Orchard PI Unit 1117 Saint Paul Mn 55118-4119 Roy & Delores Henderson 1095 Overlook Rd Saint Paul Mn 55118-3652 Sherry Essen 1143 Orchard Cir Mendota Heights Mn 55118 Thomas E & Nancy Ann Johnson 1154 Kingsley Ct S Mendota Heights Mn 55118 Thomas J & Julie A Prodahl Thomas R & Teresa J Tschida Vincent E Eilers 1124 Orchard PI 1794 Lexington Ave S 1165 Kingsley Ct Mendota Heights Mn 55118-4118 Saint Paul Mn 55118-3609 Mendota Heights Mn 55118 Affidavit ®f Publication ation State of Minnesota SS County of Dakota page 151 JANINE GAFFNEY , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on SUNDAY , the 12TH day of JUNE 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me on this 13 THday of JUNE 2016 Notary Public "Alphabet should be in the same size and kind of type as the notice. til1A�/� Rnnnl�ntv+.'.rvva,+r�.h-°��efa�vvvw�. ~'. TO IA R. ��@i�F� -AD iLNtary Public, -Minnesota RATE INFORMATION ommiion Expires Jan 31, 2020 (1) Lowest classified rate paid by commercial users for comparable space ...................................... BY: - TITLE LG L COORDINAT (2) Maximum rate allowed by law for the above matter .........$25.00 per col. inch $25.00 per col. inch (3) Rate actually charged for the above matter.......................................................$ per col. inch 1/16 page 152 age 153 1101 Victoria Curve tie 651 452.1850 phanc 9C. W,,,,, mcndon T WPM— CITY OF IVIENDOTA HEIGHTS Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Ordinance 498 Concerning B-1 District Conditional Uses COMMENT: Introduction The applicant is requesting amendments to Title 12 -1F -1-B of the City Code concerning conditional uses in the B-1 Limited Business District. Background The applicant owns the property at 2500 Lexington Avenue South and formerly occupied the existing office/warehouse building, which is currently vacant. The proposed amendments include two additional conditional uses for consideration in the B-1 Limited Business District. The building was originally built as a gymnastics studio and later converted to an office/warehouse use, neither of which are permitted to operate in the B-1 District under the current City Code. The applicant no longer operates the business and is marketing the building for sale or lease. As a result, the existing permitted/conditional uses have proved problematic in attracting new users based on how the building is constructed and the code amendment process. In response to the applicant's request, staff proposes consideration of the following conditional uses contained in DRAFT Ordinance 498: 1. Commercial recreation, when conducted within a completely enclosed building. 2. Offices of general nature where the operations include warehousing from the site. The Planning Commission conducted a public hearing at the June 28 meeting; there were no public comments. Discussion The City is using its legislative authority when considering action on a code amendment request and has broad discretion; the only limitations are that actions must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Budget Impact N/A Recommendation page 154 The Planning Commission recommended approval of DRAFT Ordinance 498, as described in Planning Case 2016-23. If the City Council desires to implement the recommendation, pass a motion adopting ORDINANCE 498 CONCERNING B-1 DISTRICT CONDITIONAL USES. Action Required This matter requires a simple majority vote. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 page 155 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 498 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE F OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING B-1 DISTRICT CONDITIONAL USES The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12 -1F -1-B is hereby amended as follows: B. Conditional Uses: Within any B-1 limited business district, no structure or land shall be used for the following uses except by conditional use permit: Commercial recreation, when conducted within a completely enclosed building. Offices of general nature where the operations include warehousing from the site. Section 2. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this sixth day of July, 2016. ATTEST Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor page 156 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rrendota-heights.com Y OF m MEN MENDOTA HEIGHTS Planning Staff Report DATE: June 28, 2016 TO: Planning Commission FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-23 Proposed Code Amendments — B-1 District Conditional Uses APPLICANT: Sean Carey PROPERTY ADDRESS: 2500 Lexington Avenue South ZONING/GUIDED: B-1 Limited Business/B-Business ACTION DEADLINE: August 6, 2016 (60 days) DESCRIPTION OF THE REQUEST The applicant is requesting amendments to Title 12 -1F -1-B of the City Code concerning conditional uses in the B-1 Limited Business District. BACKGROUND The applicant owns the property at 2500 Lexington Avenue South and formerly occupied the existing 13,940 -square foot office/warehouse building, which is currently vacant. The proposed amendment includes two additional conditional uses for consideration in the B-1 Limited Business District. The building on the subject property was constructed in 1991 for Turner's Gymnastics Society. As part of Planning Case 91-01, the City Council approved the following requests: 1. Minor Comprehensive Plan Amendment (High-density Residential to Business) 2. Rezoning (B -IA Business Park to B-1 Limited Business) 3. Conditional Use Permit (private athletic facility) 4. Preliminary Plat 5. Variance (side yard parking lot setback) Prior to purchasing the building, the applicant appeared before the City Council on June 6, 2006 to request an interpretation of the B-1 District zoning requirements with respect to the subject property and the proposed office/warehouse use. The City Council determined that Laser Technologies was permitted as an "offices of a general nature" use. The applicant no longer operates the business and is marketing the building for sale or lease. As a result, the existing permitted/conditional uses have proved problematic in attracting new users based on how the building is constructed and the code amendment process. page 157 ANALYSIS The applicant's request is to add the following conditional uses to the B-1 District: 1. Gymnastics business 2. Office/warehouse The proposed code amendment provides clarity as to what uses may or may not occupy the space and would allow future interested parties to pursue a conditional use permit process without having to first go through a code amendment process. In response to the applicant's proposal, staff has prepared DRAFT Ordinance 498 for review and discussion. The following proposed conditional uses are included for consideration: 1. Commercial recreation, when conducted within a completely enclosed building. This use was recently added as a conditional use to the Industrial District and is further defined by the Code as follows: RECREATION, COMMERCIAL: Recreational instruction and participative athletic uses, including jump/trampoline center, golf range/simulator, fitness center, sports training facility, martial arts school, dance school, and similar uses. The siting and construction of the building was originally approved by conditional use permit as a "private athletic facility." That use no longer remains in the Code and the building is well-suited for this type of potential future use due to the existing build -out. 2. Offices of general nature where the operations include warehousing from the site. According to Title 12 -1F - 1-A of the City Code, the following is a permitted use in the B-1 District: Offices ofgeneral nature where the operations do not include retail sales or warehousing from the site. In addition, according to Title 12-1B-2 of the City Code, warehousing is defined as follows: WAREHOUSING: The storage of materials or equipment within an enclosed building. According to the applicant, the building contains approximately 8,300 square feet of warehouse space in addition to the office space. Laser Technologies used the warehouse space as a showroom and staging area and there was no direct retail sale from the site. The proposed amendment would allow warehousing in conjunction with a permitted general office use, but would still prohibit retail sales. Both proposed uses are specific to the subject property due to its history and build -out, but the proposed amendments would apply to the entire B-1 Limited Business District. As a result, staff proposes they be considered as conditional uses. The conditional use permit process requires a public hearing and subsequent review to determine if the proposed use is compatible with surrounding uses and applicable zoning standards. ALTERNATIVES Following the public hearing and further discussion, the Planning Commission may consider the following actions: 1. Recommend approval of DRAFT Ordinance 498, as presented or as amended by the Commission. page 158 2. Recommend denial of DRAFT Ordinance 498. CIx, 3. Table the request, pending additional information and revisions from staff. STAFF RECOMMENDATION Staff recommends the Planning Commission discuss the proposed code amendments. If acceptable to the Commission, action can be taken at this month's meeting. Staff would propose to bring back any substantial revisions for review and further discussion at a future meeting prior to making a recommendation to the City Council. MATERIALS INCLUDED FOR REVIEW 1. DRAFT Ordinance 498 2. Zoning Map 3. January 22, 1991 Planning Commission minutes 4. February 26, 1991 Planning Commission minutes 5. March 5, 1991 City Council minutes 6. June 6, 2006 City Council minutes 7. Planning application, including supporting materials page 160 January 22, 1991 Page 10 Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 o ommissioner Dreelan moved to recommend that t mmlss 10 C ty Council deny the request for a mi or co rehensive plan amendment based on the j \infoation received at this time. C . i Commi ioner Duggan seconded the motion. AYES: 4 NAYS: 3, KOLL, MORSON, T LSEN HEARING: CASE NO. 90-44: STRUB - SUBDIVISION Mr. John Curran,'Nentrum. Coordinators, Inc., representing Mr. Willi -lam St b, was present to discuss Mr. Strub's re , e for a subdivision. Curran, Coo m St b ' Jr.,J' s re e for a t Mr. Curran briefly expl ed that he is the j developer of the build' g djacent to 880 Sibley build' expla Memorial Highway, H ed that the City Council requested t t the ex a land needed by his company be replat d rather th using an easement process. ChairpersyonM rson -stated that in\ order for the Planning Com ssion to make a recommdNi�dation to the Is Lc City Counc' they need to have an accurate survey I with a pr er legal description. Comm I T� ue the hear' oner Krebsbach moved to conte to February 26, 1991 at 7:45 o1c o P.M. view an accurate survey and legal descr n "�e requested subdivision. mis :f00 6/m th sioner Dreelan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-01: ST. PAUL TURNER'S GYMNASTIC ASSOCIATION - MINOR COMPREHENSIVE PLAN AMENDMENT AND REZONING Mr. Larry Page, Sirny Architects, was present to briefly describe St. Paul Turner's Gymnastic page 161 January 22, 1991 Page 11 Society's request for a Minor Comprehensive Plan Amendment and Rezoning in order to construct a gymnastics facility. He explained that there are two hardships related to this case. He stated that the County has given them limited access and that there will be a need for a shared driveway. He further explained the land is currently zoned as B - 1A which requires a minimum of five (5) acres per parcel of land. He stated that Turner's owns 2 1/2 acres of land and that is why they are requesting a rezoning of this land. Chairperson Morson stated that he is concerned with conflicting legal descriptions. He stated that he would like to see a new survey with the appropriate legal descriptions. In response to a question from commissioner Dwyer, Mr. Cliff Eichinger, of Turner's Gymnastics, stated that they would like to start construction in mid spring. Commissioner Dreelan stated that she would be more comfortable having this area zoned as "B" instead of "I" since the land abuts residential (R-3) land. Commissioner Tilsen agreed with commissioner Dreelan. Chairperson Morson opened the meeting to the public. There was no one present to discuss -this - issue. Commissioner Tilsen moved to recommend that the City Council grant a minor comprehensive plan amendment. Commissioner Dwyer seconded the motion. AYES: 6 NAYS: 1, DUGGAN Commissioner Tilsen moved to continue the public hearing regarding the rezoning of the property to the February 26, 1991 at 8:00 o'clock P.M. Planning Commission meeting. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 AYES: 7 NAYS: 0 page 162 February 26, 1991 Page 2 the Strub Subdivision to allow time for a Pref t to be submitted. Mr. ill Strub and John Curran were present to disc ss a re que t for a subdivision. Mr. Strub explained t t the City C ncil had approved an Amendment to t/CUPr PUD for his iverwood Place complex to allow ild a Magnetic esonance Image (MRI) clinic. He that that appro al was conditioned upon replattUD so that proper lines enclose the parking enced area. In response to a question from Comm' sioner Tilsen, Planner Malloy st ted that original PUD as approved with a shared driveway. He explained/thatarcels 1 and 2 are not landlocked parc is.Chair Dwyer opened the meeting tpublic. There was no one present to discu s this. Commissioner Dreelan Commissioner Friel s Commissioner Duggan Council approve the Commissioner Dreelal move to close the public hearing. Conde he motion. ved to re mmend that the City eliminary Pi t. seconded the m ion. o Mr. John Cur/an briefly discussed the p sibility of /tsign ing sign at the CDI building. He ex lained that ook' g for the Planning Commissions gu ance with t the quality and design of the sign efore he y submits a variance request. Mr. Curra stated sign would be lit using flood lights whi h areowed by the Zoning Ordinance. He explaine thatacility is open 24 hours and the need for a ell n is critical. The Commission briefly discus d od lights relating to possible traffic impairmen design of the sign. CONTINUED HEARING CASE NO. 91-01: ST. PAUL TURNER'S GYMNASTIC SOCIETY - REZONING Mr. Larry Page, Sirny Architects, was present to discuss page 163 February 26, 1991 Page 3 St. Paul Turner's Gymnastic Society's request for rezoning and preliminary plat. He briefly explained that the existing parcel is zoned B -1A and that they are requesting that the parcel be rezoned to B-1 as the parcel is currently non -conforming due to the lack of 5 acres parcel minimum. He stated that Turner's is requesting a CUP for a private athletic facility in a B-1 zone. He explained that the preliminary plat has been completed and that Dakota County will be reviewing the plat on Monday. Mr. Page stated that they are also requesting a twenty foot (201) side yard variance to parking lot setback to allow for a shared driveway. Mr. Page explained that the exterior material is proposed to be of a panel texture and that they are trying to get away from the pretextured industrial panel while at the same time trying to incorporate a gymnastics theme. He stated that they are proposing to incorporate Turner's main color scheme of red. Mr. Page explained that the signage will be located on the east side of the building with the possibility of installing a sign at the west.side of the building. He stated that there will be a five foot (51) in diameter sign using Turner's logo located at the front of the building. Chair Dwyer pointed out that the east side of the building faces the highway. Mr. Page explained that the back of the building will be screened using Ivy plant material. He stated that by using the Ivy it will add texture and also dress up the back side of the building. Chair Dwyer then opened the meeting to the public. There was no one present to discuss this request. Commissioner Friel moved to close the public hearing. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 In response to a question from Commissioner Friel, Mr. Page explained that Turner's is purchasing the land from Associated General Contractors (AGC) and that AGC will continue to own the land to the south. Mr. Russell Ditman, President of Turner's Gymnastic Society, stated that the hours of operation will be from 9:00 A.M. to 10:00 P.M with mostly children using the facility. Mr. Page stated that there is an open page 164 February 26, 1991 Page 4 membership to the club. Mr. Page stated that the signs will be illuminated internally and that the frame of the signs will be plexiglass. Chair Dwyer questioned what the second floor will be used for and inquired if the gymnastics society would lend itself to wedding receptions. Mr. Ditman explained that the 2nd floor is considered the rathskeller. He explained that there may be beer and wine stored in the refrigerator which are brought in by adults. He stated that they have no intention of selling beer or wine and at this time they are not planning to lend the facility to weddings. Commissioner Duggan inquired if the rathskeller is allowed in the City and suggested that the City Council review and discuss the proposed rathskeller shown on the floor plans. Commissioner Tilsen questioned with the access on Lot 2 which is dedicated to the County by previous platting if there should be an easement or dedication on the preliminary plat to the City. Mr. Page explained that the seller of the southern parcel will assure this. Planner Malloy stated that the City should confirm that this is properly done on the plat. Commissioner Tilsen questioned if drainage on Lot I would be directed to the highway right-of-way. Public Works Director Danielson explained that they would have to get approval from MnDOT. Commissioner Tilsen stated his concern for Lot 2's drainage. commissioner Tilsen stated that the water should drain towards the highway as it is presently doing with Lot 1. Commissioner Duggan stated that he would like to see more landscaping in the back of the building. He suggested that Evergreen Trees could be used to help break the view. Mr. Page stated that that is why they have proposed the Ivy plant material and that they will check into the Evergreen Tree suggestion. Commissioner Duggan questioned if there will be exits and security lighting from the lower level to the upper level. He further inquired if there will be a sprinkler system. Mr. Page stated that these are all requirements of the State Building Code and that they have every intention of complying with that code. AYES: 7 NAYS: 0 page 165 February 26, 1991 Page 5 Commissioner Duggan stated that the northeast corner of the building shows an exit and he stated that there seems to be quiet a drop off from the outside of the door down to the ground. Mr. Page stated that they have been in contact with the City's building department and they have changed the exit. Commissioner Duggan questioned if the exit door on the east side of the building would be eliminated by the proposed addition. Mr. Page stated that it would be and that the addition is purely academic at this point. In response to a question from Commissioner Duggan, Mr. Page stated that there are 52 parking stalls proposed and that 50 parking stalls is a requirement. He explained that there is a curved driveway in front of the building. Commissioner Duggan expressed concern relating to the traffic driving against the correct flow of traffic. Mr. Page stated that they cannot guarantee that the traffic will flow properly. Commissioner Duggan questioned if Mr. Page could increase the size of the women's bathroom and locker rooms. Mr. Page stated that they could review the possibility. He pointed out that they are already in excess of the code requirement for size. Commissioner Krebsbach questioned if the building will be air conditioned. Mr. Page stated that it will be. Mr. Ditman stated that the facility will be using state of the art design and material and that it should be the premiere facility in the upper Midwest. In response to a question from Commissioner Krebsbach, Mr. Page stated that the air conditioning will be located on the roof as indicated on the elevation plans. Commissioner Friel questioned if the air conditioning will be a recirculating system. Mr. Page stated that they are in the process of designing the air conditioning system. Mr. Page stated that the refuse would be stored in doors. Commissioner Tilsen moved to recommend that the City Council approving the rezoning of the parcel from B -1A to B-1 zoning. Commissioner Friel seconded the motion. Commissioner Tilsen moved to recommend that the City page 166 February 26, 1991 i 1 Page 6 Council grant a conditional use permit for a private athletic facility within a B-1 zone with the following conditions: 1. Additional landscaping along the north property line 2. Directional signage be provided for traffic flow within the parking lot. 3. An effort be made to direct as much storm water as possible to flow towards I -35E, in coordination with MnDOT. Commissioner Dreelan seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council approve the preliminary plat contingent on provision of legal documents assuring a permanent access easement across Lot 1 for Lot 2. Commissioner Friel seconded the motion. AYES: 7 NAYS: 0 Commissioner Tilsen moved to recommend that the City Council grant.a twenty foot (201) side yard variance to parking lot setback to allow for a shared driveway. Commissioner Duggan seconded the motion. AYES: 7 NAYS: 0 HEARING: CASE NO. 91-05: LINVILL ZONING ORDINANCE AMENDMENT CUP . Tim Kuntz, representing Ralph Linvill and Associ , Inc., as present to discuss an Amendment to t oning Ordinance - allow churches as Condition ses in the "I" Industria one. He further ained that the applicant is also r esting a Co Tonal Use Permit for Faith Church of Glory t owed to remain as tenants within the Dakota Busi 'a. Mr. Kuntz sta that this issue has a dy been through the Pla ng Commission level and th they had rec ended approval. He stated that they are no oming ck to better explain their thoughts. He explained page 167 Page No. 2999 March 5, 1991 torney :acha:cae rt tted that there certain co be that this would ha en. Counci would have determined tha hurch use is an app riate use in an in trial district. Councilmember Cumm ggested that the issue be referred to the Attorney for review and response. After furt r discussion, Coun member Blesene moved that the discussion e cont' ued to March 19th. Cpadncilmember Cummins seconded the motio Ayes: 4 Nays: 1 Mertensotto HEARING - CASE NO. 91- Mayor Mertensotto opened the meeting for the 01, TURNER'S purpose of a public hearing on an application from the St. Paul's Turner Gymnastic Society for an amendment to the Comprehensive Plan from HR to B for property located at the northeast corner of Mendota Heights Road and Lexington Avenue, rezoning of the property from B -1A to B-1, conditional use permit for a private athletic facility in a B-1 zone, approval of the preliminary plat, and approval of a 20 foot sideyard setback variance to the parking lot setback to allow a shared driveway. Council acknowledged staff reports, including an add-on agenda report regarding a utility easement across the property. Mr. Larry Page, architect for the proposed project, reviewed the site plan and building schematics for the proposed facility. Council was informed on the history and goals of the Turner's Society by one of its members. Council was informed that the Society is aware of the utility (sanitary sewer) easement and has moved the building five feet west in response to concerns expressed by City engineering staff. It was acknowledged that this would require approval of a five foot front yard setback variance. Public Works Director Danielson stated that the sanitary sewer line is 40 feet deep, and that because of the depth staff has asked the Turners to move the building five feet to the west. page 168 Page No. 3000 March 5, 1991 Councilmember Blesener asked if children would be arriving by bike or bus to the facility and if this can be accommodated. The Turner's representative responded that currently all of the children come by car but that the Society has talked about serving as a training facility, in which case there might be buses. The parking and turn around area would accommodate buses. Councilmember Blesener asked why the upper area is called a rathskeller. Mr. Page responded that "rathskeller" is a historical term for a social space, and that the space is for a public game room. He stated that the society does not serve liquor to the public, but that there are dinners for the members four or five times a year. The Society has no intention of serving liquor to the public. Mayor Mertensotto asked for questions and comments from the audience. There being no questions or comments, Councilmember Blesener moved that the hearing be closed. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91-09, "A RESOLUTION APPROVING MINOR COMPREHENSIVE PLAN AMENDMENT," contingent upon Metropolitan Council approval. Councilmember Blesener seconded the motion. . Ayes: 5 Nays: 0 Councilmember Ordinance No. ORDINANCE NO. REZONING," to B -1A to B-1. Councilmember Blesener moved adoption of 274, "AN ORDINANCE AMENDING 401, FOR THE PURPOSE OF rezone the subject property from Smith seconded the motion. Ayes: 5 Nays: 0 Councilmember Cummins moved adoption of Resolution No. 91-10, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, A PRELIMINARY PLAT, A VARIANCE AND THE SITE PLAN FOR TURNER'S GYMNASTICS SOCIETY," along with approval of a five foot front yard setback variance and issuance of the building permit. Ayes: 5 Nays: 0 Page No. 40 page 169 June 6, 2006 No:Krebsbach asked if Mr. Weintraut could come I wi some options for the dock. She suggested tabling the matte the n\Rogers Coutelli asked whether Council wants cks all aroue. He stated that he would prefe eeping the statullowing docks. Mr. Weintraut respondb4 that there are al Kdy three private and one public docks on Rogers L e. Councilmembers Krebsbach, S eman and Vitelli stated that they would approve the application it ut the dock this evening. Councilmember Dugg tated that he uld like to have staff do further investigation see if a dock woul e appropriate and allow him to come back request it in the future. Councilmen ,Wer Vitelli moved adoption of Resolut n No. 06-46, "A RES TION APPROVING A WETLANDS P IT FOR VEG ATION REMOVAL AND VARIOUS IMPRO MENTS AT 69 MENDAKOTA COURT," without the dock. ouncilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TURNERS GYMNASTICS Council acknowledged a memo from Assistant Hollister regarding a request from Mr. Sean Carey, from Laser Technologies, Inc. for an interpretation of B-1 zoning with respect to the Turners Gymnastics Building. Assistant Hollister informed Council that the Turners building is up for sale, and staff have been visited by several entities interested in putting the building to some sort of use for the past couple of months. The building unusual and has served a unique purpose for several years. Mr. Carey would like to use the building as the base for his laser copier and printer business. He met with the city planner and city staff to determine whether what he proposes fits within the zone. Planner Grittman felt comfortable that this could be considered to be the intent of the B-1 zone although it is not an explicit use in the ordinance. He reviewed the list of permitted uses in the zoning district. Laser Technologies is a hybrid office use and there is a showroom or tech area where potential customers can come and view the equipment. There is not direct retail sale from the site. Page No. 41 page 170 June 6, 2006 Responding to Councilmember Schneeman, Assistant Hollister stated that Council could say that what is proposed fits in the B-1 zone, that it does not fit in the zone, or that the ordinance would need to be amended to allow it and Mr. Carey could apply for the ordinance amendment. Mr. Carey pointed out that Ricoh is running a very similar business in the B-1 District across from City Hall in the former Gould building. Responding to a question from Councilmember Vitelli, he stated that his sales are business to business and it is not always installation. They are a field service organization that goes out and repairs printers and copiers and they also sell and service copiers and printers. They rarely sell a copier or printer without labor. They do the service work on site. Councilmernber Krebsbach stated that she would like it to be a conditional use. Councilmember Vitelli agreed, stating that Council could set the terms that it not be just retail sale, but also sale that includes installation and maintenance on a time a materials basis. Assistant Hollister stated that council could simply declaring it a permitted use and than allow hien to go forward. In the meantime the city could go forward and amend the ordinance to make it a pennitted use and put language in the ordinance that defines the use more specifically and restrictively. If Council wants to declare it a conditional use, the ordinance would have to be amended and Mr. Carey would then have to apply for a conditional use permit. Councilmember Vitelli stated that in defining it as a permitted use, council should make sure that it is stipulated for the record that all sales include time and material, installation and labor. Than a year or two from now Council would not find that over the counter sales are occurrng. Attorney Diehm recommended that Council could snake the finding that it is a pennitted use because it is an office of general nature and because of those specific findings mentioned by Councilmember Vitelli. Councilmember Vitelli moved to find that it is a pennitted use because it is an office of general nature and because of the specific Page No. 42 page 171 June 6, 2006 findings that all sales include time and material, installation and labor. Councilmeraber Duggan seconded the motion. Ayes: 5 Nays: 0 FIRE DEPARTMENT It was the consensus to wait until the June 20 meeting to set a date SALARY WORKSHOP for the fire department workshop. JULY 4 MEETING Council acknowledged a memo from the City Clerk regarding the need to reschedule the July 4 meeting, which falls on the first Tuesday of July. After discussion, Councilmember Schneeman moved to cancel the July 4 meeting. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS I ouncilmember Vitelli complimented Councilmember Duggan th huccess of the 50`h Anniversary Celebration, stating that heA recei d numerous positive comments that the celebration as tremen us and the fireworks were wonderful. Councilmeinher Vitelli stated that he would like to view the salaries for the e Chief and Assistant Chief at e fire department workshop. Councilmember Vitelli Xxpressed appre 'tion to Assistant Patrick Hollister for his ten years service t e city. Councilmember Schneeman Celebration was a wonderful expressed appreciation to working at the event, es cia that the 50a` Anniversary �n or the community. She >ne in olved in planning and the Pub ' Works staff. Mayor Huber also mplimented Councilmet er Duggan on the anniversary cele ration, stating that he had man ositive comments from residen and that many people have asked th it be done again next year. >Almember Krebsbach stated that she was not able to end the versary celebration, as she and her family were in Seoul,orea meet their adopted daughters' families. She was extremely Code Amendment ARCADIA PARTNERS, LLC page 172 The building at 2500 Lexington Ave. S. consists of approximately 14,000 sq. ft. with about 5700 sq. ft. of office and 8,300 sq. ft. of open space. The space is currently zoned as B-1 office space. Laser Technologies occupied the building since 2006 and used the space as office, show room, and technical space. The balance of the open space has been used as a warehouse and staging area of the equipment prior to deployment to customers' site. I purchased the building and renovated the space on the first floor for a reception, demonstration/show room, warehouse and sales offices. The second floor was used as an accounting, pre -sales support, engineering and Help Desk. Laser Technologies has operated for the last 10 years at this location since the purchase of the building from Turners Gymnastics. I would like to request a Code Amendment to B-1 zoning to include a gymnastic business and the use of office warehouse space at 2500 Lexington Ave. When I purchased the building in 2006 Turners Gymnastics occupied the property. Originally Turners developed the site and constructed the building 1991 as a gymnastic business with foam pits, locker rooms with showers for both boys and girls. I am also asking we receive a Code Amendment for an office warehouse space that we have used for this purpose for the last 10 years. The reason for the Code Amendment requests is to allow a new tenant or buyer of the seek facility be request a Conditional Use Permit for the property Sean Carey President Arcadia Partners P: 651.457.3210 C: 612.804.0884 665 Arcadia Dr.. Mendota Heights, MN 55118 page 173 1101 :',r_iona Curve j %enU'._„j Haicil ,:,. M"N 55112 651 $5_.IE=`v' pnou. 1 Gp],A5Z8940 fes_ CITY OF ! MENDOTA HEIGHTS PLANNING APPLICATION Property Address/Street Location: 2500 Lexington Ave.S. Applicant Name: Sean Carey Phone: 612.804.0884 Applicant E -Mail Address: sean.carey@loffler.com Applicant Mailing Address: 665 Arcadia Dr. Mendota Heights, MN 55118 Property Owner Name: Sean Carey Phone: 612.804.0884 Property Owner Mailing Address: 665 Arcadia Dr. Mendota Heights, MN 55118 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) 27-11000-01-010 Type of Request: ❑ Rezoning ❑ Conditional Use Permit ❑ Interim Use Permit ❑ Variance ❑ Wetlands Permit ❑ Preliminary/Final Plat Approval ❑ Lot Split ❑ Critical Area Permit ❑ Comprehensive Plan Amendment Al Code Amendment ❑ Appeal ❑ Other I hereby declare that all statements made in this request and on the additional material are true. I further authorize City Officials and agents to inect t above property during daylight h71,rs,, . Signature o Applicant ate Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 12/3/2015) Page 1 of 1 Affidavit ®f Publication State of Minnesota SS County of Dakota page 174 JANINE GAFFNEY , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for t successive weeks; it was first published on SUNDAY , the 19 TH day of JUNE 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: "ABODE FGHIJ KLMV QPQRSTUV W XYZ *ABCDEFGHIJKLM€VOPQRSTUVWXYZ *abcdefghijklmnopgrstuvwxyz BY. I �1 Subscribed and sworn to before me on TITLE /CGAL COORDINATOR b this 20TH day of JUNE 2016 Notary Public *Alphabet should be in the same size and kind of type as the notice. Notary t ualiMinnesrta RATE INFORMATION My commi$5!On Ea#Jan 39, 2020 TOK (1) Lowest classified rate paid by commercial users for comparable space............................................................$25.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$25.00 per col. inch (3) Rate actually charged for the above matter.......................................................$ per col. inch 1/16 page 175 1101 victoria Curve I Melly -M, 176 5118 651 452.1850 phone 9d. T WPM— CITY OF IVIENDOTA HEIGHTS Request for City Council Action MEETING DATE: July 6, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-16 CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit COMMENT: Introduction The applicant is seeking approval to amend a planned unit development final development plan, including preliminary/final plat and wetlands permit requests. Title 12 -1K -6-G of the City Code requires City Council approval for amendments to an approved planned unit development final development plan by conditional use permit. The Planning Commission opened the public hearing at the May 24 meeting, but did not take any comments. Subsequently, staff notified the applicant by letter that the review timeline was extended another 60 days. The public hearing was continued at the June 28 Planning Commission meeting and ultimately closed. Background The proposed development site encompasses 4.96 acres of undeveloped land in the northeast corner of the existing Mendota Plaza mixed-use development, which is zoned and guided as Mixed -Use PUD. The proposed project includes the following: • 10,860 square feet of commercial development in two building on 1.68 acres • 41,316 square foot, 4-6 story, 149 -unit apartment building on 2.2 acres • Public open space/public gathering areas • Private access drive connection to STH 110 As part of a planned unit development (PUD) process, the applicant received approvals for a master plan of the entire mixed-use site in 2009. The proposed development site included restaurant/retail and offices uses. According to the applicant, the proposed amendment is in response to changes in the real estate market and additional site opportunities since the original PUD was approved. The attached report contains a detailed analysis of the application submittal based on the applicable zoning, engineering, and public safety standards, as well as the design standards included in the existing Development Agreement. The requirements adopted within a PUD can be flexible, but the proposed project was reviewed against the standards for similarly -zoned uses. The purpose of a PUD is to encourage a flexibility in the design and development of land, in order to preserve the natural and scenic quality of open areas, encourage a diversity of housing types within a given development, permit a mixture of several zoning district uses within a development project, and permit modification and variance of zoning district requirements, while limiting development to a scale appropriate to the existing terrain and surrounding land uses. Based on the proposed PUD amendment, staff feels the proposed project utilizes the requested flexibility to enhance development of the property without negatively impacting surrounding langa&FLd in harmony with the 2030 Comprehensive Plan. The Planning Commission conducted a public hearing at the May 24 and June 28 meetings; there were no public comments. Discussion The City is using its quasi-judicial authority when considering action on subdivision and zoning requests and has limited discretion; a determination regarding whether or not the request meets the applicable code standards is required. Budget Impact N/A Recommendation The Planning Commission unanimously recommended approval of the proposed requests and provided an additional condition for consideration by the City Council concerning off-street parking, which will be included in the final resolution. In the absence of an approved MnDOT Right -of -Way Access Permit, staff recommends the City Council move to TABLE action on the proposed requests at this time. Staff and the applicant intend to present the proposed project for discussion and would continue to bring back information at subsequent meetings, if necessary, until such time as the access permit is granted and final approval can be considered by the City Council. The action deadline for this case has been extended to 120 days and will expire on August 24. If the permit issue remains unresolved by August 16, the City Council will be required to act or a voluntary extension will have to be offered in writing by the applicant. Action Required This matter requires a simple majority vote. page 178 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , 7 �A,: CITY OF MENDIDTA HEIGHTS Planning Staff Report DATE: June 28, 2016 TO: Planning Commission FROM: Nolan Wall, AICP — Planner SUBJECT: Planning Case 2016-16 CUP for PUD Amendment, Preliminary/Final Plat, and Wetlands Permit APPLICANT: Mendota Mall Associates/Paster Properties PROPERTY ADDRESS: 720 Highway 110 — Mendota Plaza ZONING/GUIDED: MU-PUD/MU-PUD ACTION DEADLINE: August 24, 2016 (120 days) DESCRIPTION OF THE REQUEST The applicant is seeking approval to amend a planned unit development final development plan, including preliminary/final plat and wetlands permit requests. Title 12 -1K -6-G of the City Code requires City Council approval for amendments to an approved planned unit development final development plan by conditional use permit. BACKGROUND The Planning Commission opened the public hearing at the May 24 meeting, but did not take any comments. Subsequently, staff notified the applicant by letter that the review timeline was to be extended another 60 days, in compliance with MN STAT. 15.99, Subd. 3(f.). Another public hearing notice was published and mailed to the required parties. The proposed development site encompasses approximately 4.96 acres of undeveloped land in the northeast corner of the existing Mendota Plaza mixed-use development, bordering State Trunk Highway (STH) 110 to the north and the Dodge Nature Center property to the east. The existing immediately -adjacent uses include the Mendota Plaza shopping center, Walgreens, BP service station, and White Pine senior/assisted living facility. The City's other mixed-use development, The Village at Mendota Heights, is located directly across the highway to the north and will be linked to the proposed development by a future trail underpass as part of a separate County -funded project. The proposed project includes integrated commercial and high-density residential developments with connections to existing retail uses and planned off-street trail systems, as well as public gathering space. The development team includes Mendota Mall Associates and Paster Properties, who is the owner/manager of the existing shopping center and subject parcels, and At Home Apartments, who will be the owner/manager of the proposed high-density residential development. The proposed project would be constructed in two phases. Phase One would include construction of the private access drive, high-density residential development, public amenities, landscaping, and preliminary grading on the northwest portion of the site. Phase Two would include construction of tROSii Rercial development and final grading. It is anticipated that Phase One would commence as soon as possible after city and entitlement approvals and will be completed in approximately 18 months. Phase Two would commence as soon as future tenants are committed to leases and each commercial building will take 8-12 months to construct, which may not occur concurrently. As part of a planned unit development (PUD) process, the applicant received approvals for a master plan of the entire mixed-use site. According to the applicant, the proposed amendment is in response to changes in the real estate market and additional site opportunities since the original PUD was approved. As part of Planning Case 2008-11, the City approved the following requests for the Mendota Plaza Expansion project: Request Rezoning (B-4/R-IA/R-3 to MU -PUD) Resolution 09-07 I ApprovalDate 01/20/2009 Wetlands Permit (wetland impacts) 09-08 01/20/2009 Conditional Use Permit (grading/filling) 09-09 01/20/2009 Preliminary Plat 09-10 01/20/2009 Preliminary PUD 09-11 01/20/2009 Final Plat 09-29 04/21/2009 Final PUD 09-29 04/21/2009 PUD Agreement* N/A 04/21/2009 *not including subsequent amendments The applicant is now requesting the following approvals for the proposed project: 1. Conditional Use Permit to Amend Planned Unit Development Final Development Plan; 2. Preliminary/Final Plat; and 3. Wetlands Permit. ANALYSIS Comprehensive Plan The subject parcels are guided Mixed -Use PUD in the 2030 Comprehensive Plan: The intent of the district is to allow for mixed use developments that combine residential, retail, and commercial uses into a coordinated, planned development project. Areas of the community with this land use designation are located near the intersection of Highway 110 and Dodd Road. The entire Mendota Plaza development was rezoned to MU -PUD as part of the previous PUD approval process. The existing zoning and proposed commercial/retail and residential uses are consistent with the future land use designation. According to the most -recent Metropolitan Council System Statement, the City's population and household forecasts are as follows: Source: Metropolitan Council (dated 9/17/2015) Construction of the proposed high-density residential development could account for a significant amount of the Year 2040 forecasted population and household increases. According to the applicant, the proposed project includes "market -rate" units and would not include "affordable" units that satisfy additional Metropolitan Council requirements. The last market -rate, high-density residential apartment development constructed in the city nweL e8�ngton Heights in 1984. Since then, several condominium, townhouse, and senior apartment developments have been constructed. The proposed high-density residential development may satisfy a potential demand for rental units in the community, which is a trend in suburban communities since the condominium market has settled -down in recent years. The availability of desirable rental units may also appeal to existing homeowners who are looking to downsize and stay in the community, which may stimulate turnover of the existing single-family residential housing stock. For these reasons, the proposed mixed-use project fits many of the land use and housing goals/policies in the Comprehensive Plan. Preliminary and Final Plat The applicant is requesting preliminary and final plat approval for the Mendota Plaza Expansion Second Addition, including vacation of existing drainage and utility easements. The proposed plat includes 216,069 square feet, or approximately 4.69 acres, of land. Lot Standards According to Title 11-3-2 of the City Code, the following lot standards are applicable in this case: A. Lot Area, Width And Depth: The minimum lot area, width and depth shall not be less than that established by the zoning ordinance in effect at the time of adoption of the final plat. B. Corner Lots: Corner lots for residential use shall have additional width to permit appropriate building setback from both streets as required in the zoning ordinance. C. Side Lot Lines: Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. D. Lot Frontage: Every lot must have the minimum frontage as required in the zoning ordinance on a city approved street other than an alley. E. Building Setback: Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by the Mendota Heights zoning ordinance. On those lots which are intended for business use, the setback shall be at least that required by the Mendota Heights zoning ordinance. The proposed plat seeks to re -plat the Mendota Plaza Expansion Plat as follows: Parcel Proposed ��d Required Description Parcel Area Parcel A 7 (Square Feet) (Square Feet) (Feet) (Feet) Lot 1, Block 1 Retail/Restaurant 73,256 20,000 320.33 on 100 (B -1/B-2) (B -1/B-2) STH 110 High-density 20,000 No frontage Lot 1, Block 2 Residential 96,043 (R'3) on dedicated 150 (R-3) ROW Outlot A Stormwater 13,556 Pond N/A Outlot B Access Drive/ 32,945 Open Space Outlot C Easement 269 Source: Preliminary/Final Plat Lot 1, Block 1 contains both buildings in the proposed commercial development and is revicowgg Mer the B-1 and B-2 District requirements. Outside of a PUD, multiple buildings on the same lot is not recommended. According to the applicant, they will maintain ownership of both buildings and manage them as part of the existing Mendota Plaza development. The proposed lot meets the required size and width standards. Lot 1, Block 2 contains the proposed high-density residential development and is reviewed under the R-3 District requirements. The proposed lot meets the size requirement, but does not have any frontage on a dedicated right-of-way. Outlot A contains a proposed stormwater pond in the northwest corner of the project site, which is similarly - sized as in the existing PUD. Outlot B contains a proposed open space/public gathering area and private access drive connecting STH 110 to the existing Mendota Plaza development. Outlot C represents a 3 -foot overlap of easement rights discovered during MnDOT's plat review process. If the preliminary and final plats are approved, the applicant plans to deed the land back to MnDOT after being recorded. The proposed plat also includes a 30 -foot access easement in the northeast corner of Outlot B that was dedicated as part of the Mendota Plaza Expansion Plat, which is proposed to be utilized for access to STH 110. The details of the preliminary and final plat are tied to the proposed PUD amendment. Once the PUD amendment is determined to be acceptable, both plats can be approved by the City. Several conditions of approval pertaining to the proposed plat are included in the staff recommendation. Easements According to Title 11-3-4 of the City Code: A. An easement for utilities at least five feet (5) wide shall be provided along the side line of lots. A similar easement of at least ten feet (10) in width shall be provided along the front and rear of each line of lots. If necessary for the extension of water main, sewer lines, similar utilities, or access to adjoining property, easements of greater width may be required along lot lines or across lots. Additional easements may be required, as determined appropriate by the city engineer. (Ord. 490, 2-16-2016) B. Utility easements shall connect with easements established in adjoining properties. These easements, when approved, shall not thereafter be changed without the approval of the city council, after a recommendation from the planning commission. C. Additional easements for pole guys should be provided at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall alongside lot lines. D. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, a storm sewer easement, drainage right of way or park dedication, whichever the planning commission may deem the most adequate, conforming substantially with the lines of such watercourses, shall be provided, together with such further width or construction, or both, as will be adequate for the stormwater drainage of the area. The width of such easements shall be determined by the city engineer. The applicant is requesting to vacate several drainage and utility easements from the existing plat, which would be resolved through action to approve the requests in this case. The proposed final plat dedicates various 5 -foot and 10 -foot drainage and utility easements along the property boundary lines and over all of Outlots A and B. Additional easements may be required by Saint Paul Regional Water Service (SPRWS) that are not identified on the proposed plat, which is addressed as a condition of approval. Erosion and Sediment Control/Drainage/Grading page 182 The Subdivision Ordinance contains various standards pertaining to erosion and sediment control, surface water drainage, wet soils, and steep slopes. The Engineering Department has reviewed the applicable plans and provided comments in the attached memo, including recommended conditions of approval. In addition, construction activities must comply with the City's Land Disturbance Guidance Document. Park Dedication If the requests are approved, the applicant is required to contribute 10% of final plat gross area to be dedicated for public use or to contribute cash in lieu of land in an amount established by the city. As with the previous plat, the applicant is proposing to pay a park dedication fee instead of dedicating public land. In accordance with current Fee Schedule, the applicable fees are as follows: Single and Multi -Family Residential: $4,000/dwelling unit Commercial/Industrial: 10% of assessed value of unimproved land Payment of the required park dedication fees is included as a condition of approval. As part of a subsequent Development Agreement amendment, staff will research what has already been paid and the applicant will be required to pay any additional fees. MnDOT Review As required by City Code, the applicant submitted the platting documents to MnDOT for review. They noted some minor surveying issues encountered as part of the STH 110 right-of-way platting process impacting the proposed plat, which is also addressed as a condition of approval. The applicant obtained a Right -of -Way Access Permit from MnDOT as part of the original PUD approval. The permit was good for two years, and has since expired. The applicant is in the process of acquiring a new permit. The development review completed by MnDOT identified a number of issues that the applicant needs to address in order to further process the permit request. The applicant is working with MnDOT on addressing these issues. Staff has informed the applicant that the City Council cannot approve the proposed requests until the Right -of -Way Access Permit has been re -obtained from MnDOT, which is addressed as a condition of approval. Existing PUD Final Development Plan The existing PUD Final Development Plan was approved in 2009. The following uses contained within the approved Master Plan (attached) that are proposed to be amended, include the following: Source: PUD Master Plan (sheet C2.0, dated 4/29/2009) The plan also included a future 4 -story, 100,000 square -foot high-density residential building on Lot 6. A subsequent amendment to the approved PUD allowed for construction of the 46 -unit White Pine senior/assisted living facility on the lot. In addition, Lots 7 and 8 of the approved PUD include future child care and office developments, neither of which have been constructed and are not included in the proposed amendment. Proposed PUD Final Development Plan Amendment page 183 The applicant is proposing to amend the existing PUD Final Development Plan. According to Title 12 -1K- 6 -G of the City Code: Amendments To Final Development Plan: No changes may be made in the approved final development plan after its approval by the council, except upon application to the council under the procedures provided below: 1. Minor changes in the location, siting, and height of buildings and structures maybe authorized by the council if required by engineering or other circumstances not foreseen at the time the final plan was approved. Such approval shall require the affirmative vote of a majority of all members of the council. 2. All other changes in use, or rearrangements of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final plan must be made by the council under the procedures authorized by this chapter for the approval of a conditional use permit. No amendments may be required by the council because of changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. The proposed amendment qualifies under 42 above and is required to be approved by the City Council by conditional use permit. The subject parcels are zoned and guided Mixed -Use PUD. According to Title 12 -1K -3-D of the City Code: MU -PUD Mixed Use Planned Unit Development District: The MU -PUD district is intended to provide the opportunity to develop a planned unit development with mixing of residential and nonresidential uses. All of the permitted, conditional, and accessory uses contained in the R-2, R- 3, B-1, and B-2 zoning districts shall be treated as potentially allowable uses within the MU -PUD district, provided they would be allowable on the site under the comprehensive plan. The city council shall have the authority to approve other uses in the MU -PUD district by special permit. The amended PUD Final Development Plan includes the following land uses: Parcel Parcel Area Building Area 0 Parking Parking Description Proposed 105 stalls Lot 1, Block 1 1.68 Commercial 10,860 N/A 9.7/1,000 SF Lot 1, Block 2 2.20 High-density Residential 41,316 373 237 stalls 1.6/unit Outlot A 0.31 Stormwater Pond N/A Outlot B 0.76 Access Drive/Open Space Outlot C 0.01 Easement Source: PUD Summary Table (sheet C2.0) The proposed uses are consistent with those in the existing PUD Final Development Plan, as well as those permitted in the commercial and high-density residential zoning districts and Comprehensive Plan. See the attached memo for a detailed analysis of the proposed off-street parking facilities. According to Title 12-1K-1 of the City Code, regarding the purpose of a PUD: The purpose of the planned unit development is to encourage a flexibility in the design and development of land, and in connection therewith, and by way of illustration and not limitation, to preserve the natural and scenic quality of open areas, to encourage a diversity offlusing types within a given development, to permit a mixture of several zoning district uses within a development project, and to permit modification and variance of zoning district requirements, but nevertheless and at the same time limiting development to a scale appropriate to the existing terrain and surrounding land uses. Furthermore, according to Title 12 -1K -5-A of the City Code, regarding standards for approval of a PUD: Standards For Approval: The planned unit development may be approved only if it satisfies all of the following standards: 1. The planned unit development is an effective and unified treatment of the development possibilities on the project site and the development plan includes provisions for the preservation Of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. The proposed amendment is a unified plan for the project site and connects well with the existing adjacent uses. The updated wetland delineation included with the application submittal, and already accepted by the City Council, has nearly the same results as the 2008 study. The proposed project includes a bridge plaza over the creek and retaining walls in similar locations as those in the existing PUD and will require less wetland -filling. The existing site is devoid of mature, natural vegetation and will be landscaped as part of the proposed project. 2. The planned unit development has been planned and is proposed to be developed to harmonize with adjacent projects or proposals. The project area is separated from the existing Mendota Plaza development and McDonald's by the creek and will not impede future any development/redevelopment. STH 110 is scheduled for roadway surfacing work and trail underpass construction in 2017. Expansive right-of-way exists along the project area's northern boundary to accommodate any future roadway improvements and drainage. Dakota County is in the process of designing a pedestrian trail underpass of STH 110 as part of the Mendota -Lebanon Hills Greenway along the project area's eastern boundary. The proposed project also includes bicycle and pedestrian connections to the proposed trail. 3. Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the planned unit development and evidence to support those facts is presented to and deemed satisfactory by the planning commission and the council. According to the applicant: All portions of the design and construction for the commercial buildings will be financed privately by Mendota Mall Associates through traditional means, which will utilize both private/owner equity and a construction loan provided by a lending institution. Upon completion and stabilization of the project we would enter into a permanent loan, which would be provided by a commercial mortgage lender. The site improvement portion of the project will be funded through private/owner equity. The residential financing is addressed in a letter provided by At Home Apartments. There are no public funds being utilized for this proposed development. According to At Home Apartments: As the intended owner and developer for the proposed apartment project, we will finance the construction of this project with a traditional construction loan from a well-known banking institution along with additional owner cash equity. Once the project is complete and stabilized we will refinance the project with a commercial mortgage lender (i.e. Fannie Mae, Freddie Mac, a life insurance company, etc) with the goal of securing long-term fixed financing. We will not be seeking any public funding for this project. 4. The planned unit development is consistent with the comprehensive plan of the cRnr nrn8ty. The project area is guided as MU -PUD and the proposed amendment is consistent with the 2030 Comprehensive Plan. 5. The planned unit development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. The proposed amendment includes similar uses for the project area as those in the existing PUD and accesses STH 110 in a similar location. However, the proposed development now utilizes a central drive and pedestrian corridor to connect to the existing Mendota Plaza development, which is an improvement. The Dodge Nature Center directly borders the proposed development to the east. The Nature Center reviewed the proposed plans with the applicant and provided comments in the attached letter, which are discussed in a different section of this report. Based on the comments and the proposed plans, staff feels the proposed development does not have a negative impact on the Dodge Nature Center property. Commercial Development The proposed commercial development includes two retail/restaurant buildings on 1.68 acres in the northwestern portion of the project site along STH 110, and are referred to as "Building One" and "Building Two" on the architectural plans. Due to the speculative nature of the commercial component, no specific tenants have been identified by the applicant at this point. The proposed architectural plans depicting interior building dimensions are illustrative only and there will most likely be different schemes for how demising walls would actually be built -out. The requirements adopted within a PUD can be flexible, but should be reviewed against the standards for similarly -zoned uses. While the development is zoned/guided as MU -PUD, the proposed plans are being reviewed under the B-1 and B-2 District standards, as required by Title 12 -1K -3-D of the City Code. The City Council has the discretion to enforce appropriate standards and adopt reasonable conditions as deemed necessary. Building One Building One is immediately adjacent to the STH 110 access drive with a proposed drive-thru around the back of the building, which was also included in the existing PUD. The approximately 4,860 -square foot building could contain as many as three tenant spaces. The applicant intends for a restaurant use to occupy as much as 2,500 square feet of space in the building containing the drive-thru access, but no tenants have been confirmed at this time. Building Two Building Two is adjacent to the stormwater pond in Outlot A and to the west of Building One. The approximately 6,000 -square foot building could contain as many as three tenant spaces, but the applicant intends to have at least one restaurant use with an outdoor patio/deck facing the pond and encroaching into the adjacent Outlot. A statement in the amended Development Agreement will need to be included stating that the City, if required to perform maintenance on the pond, is not responsible for repairs/replacement of the structure as a result of said maintenance. Site and Structure Requirements Both buildings border STH 110 right-of-way to the north with off-street parking between the private access drive and the creek. The following B-1 and B-2 District requirements were reviewed, as in Title 12-1F-1 and 12-1F-3 of the City Code: Standard District — Building One I Building Two Minimum Lot Area 20,000 square feet (both) 73,256 square feet Lot Width 100 feet (both) 320.33 feet (along STH 110) Front Yard Setback 30 feet (both) 42.92 feet 28 feet (to ROW) (to ROW) 20 feet or 1.5 times the height of the building, whichever is Side Yard Setback greater (B-1) +/- 73 feet 13 feet 15 feet or equal to the height of (to Outlot B) (to Outlot A) structure, whichever is greater (B-2) 30 feet or 1.5 times the height of the building, whichever is Rear Yard Setback greater (B-1) +/- 242 feet +/- 98 feet 30 feet or equal to height of (to creek) (to creek) structure, whichever is greater (B-2) 3 stories or 35 feet, whichever Building Height is less (B-1) 3 stories of 30 feet, whichever 27 feet -9 inches 27 feet -4 inches is less (B-2) Floor Area Ratio 0.5 (both) 0.15 (total) Parking Lot Setback 20 feet (front yard) +/- 40 feet (front yard/ROW) 10 feet (side/rear yard) +/- 6 feet (side yard) Source: Site Plan (sheet C2.1) 86 The existing McDonald's building has a front yard setback of approximately 132 feet from the northern property line and is over 200 feet from STH 110. The proposed buildings are set back 42.92 feet and 28 feet from the property line and nearly 100 feet from STH 110. The creek runs between the McDonald's building and the highway, which is most likely why its set back a greater distance than the proposed buildings. According to the existing PUD, a multi -tenant restaurant building was located in a similar location on the project site. However, that previously -proposed building appears to be set back approximately 60-70 feet from the northern property boundary line. In staffs opinion, the proposed buildings are located as close to the highway as possible to allow for landscaping and the drive-thru lane while still providing sufficient room for off-street parking facilities. Floor Area Ratio (FAR) The proposed commercial development has a FAR of 0.15 (10,860 SF/73,256 SF) and covers approximately 15% of the lot. In addition, the Mendota Plaza Design Standards limit building coverage to no more than 40%. The proposed buildings are compliant with both standards. Parking The proposed commercial development includes 105 shared off-street parking spaces between the two buildings. According to Title 12 -1D -16-F of the City Code, the number of required off-street parking spaces for the proposed uses are as follows: Restaurant, cafe, bar, tavern, nightclub: I space for each employee per shift and I space for each 3 seats in the facility Retail sales and service establishment: At least 7 spaces for each 1,000 square fee?ggrosss floor area and I space for each 200 square feet of gross floor area The applicant suggests one tenant space in Building Two will most likely be occupied by a restaurant. In addition, Building One contains a drive-thru, which is assumed to be used by another restaurant use. Due to the speculative nature of the commercial development, not enough information is available at this time to accurately determine the required number of off-street parking stalls based on the City Code standards for a restaurant use. Title 12 -1D -16-D-4 of the City Code requires the following: Size Of Spaces: Each parking space shall be not less than nine feet (9) wide and twenty feet (20) in length exclusive of access drives of twenty four feet (24) in width, and such space shall be served adequately by access driveway. The proposed 105 off-street parking stalls are broken down as follows: Sources: Site Plan (sheet C2.1) All of the proposed stalls are technically "nose -in" stalls since they overhang the curb. Typically, these stalls may be reduced in length to compensate for the front bumper hanging over the curb and are similar to existing commercial developments in the city and an accepted industry standard. The proposed Site Plan also includes "compact'' stalls, which are 8.5' wide by 19' long. The Code does not contain any applicable standards for such stalls, but it is an acceptable industry standard to have compact stalls at 8' X 18'. Since the proposed compact stalls are larger than the industry standard, staff finds this proposal acceptable. The proposed drive lanes meet the 24 -foot width requirements. The proposed parking lot setbacks are consistent with the existing PUD and other mixed -used developments in close proximity. See the attached memo for a detailed analysis of the proposed off-street parking facilities. Building Elevations The proposed commercial buildings are approximately 27 feet at their highest points and have varying rooflines, which will aid to break-up the height of the adjacent proposed high-density residential building as seen by vehicles traveling eastbound on STH 110, and are compliant with the B -1/B-2 District standards. The Mendota Plaza Design standards include the following applicable policies/standards for building orientation and design: • Require that buildings be oriented to the streets and internal roadway activity as well as the activity in the parking lot where possible. • Grouping of buildings to help define useable outdoor space. • Outdoor space is utilized to break up parking fields, enhance detention ponds, and perimeter area, and to provide pedestrian access to the various buildings. • Varying scale of buildings should be encouraged. • Varying roofline to create interest in design styles encouraged. The proposed buildings are generally consistent with the applicable design standards. page 188 Title 12 -1D -13-2-C of the City Code contains the following building design and construction standards for commercial and industrial districts: 1. Exterior Surfaces, Including Roofs: Buildings shall be finished on all sides with permanent finished materials of a quality consistent with the standards set in the district in which it is located. Exterior wall surfaces shall be any one or more of the following: a. Face brick or natural stone. (1) Professionally designed precast concrete units, if the surfaces have been integrally treated with an applied decorative material or texture, or (2) Decorative block, if incorporated in a building design which is compatible with other development throughout the district. b. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any of those listed in subsection CI a of this section, glass, prefinished metal (other than unpainted galvanized iron) or plastic used in accordance with the building code requirements. c. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum, unless specifically approved by city council. In addition, the Mendota Plaza Design Standards require the following applicable policies/standards for facade design, building materials, and doors/windows: • Monotony of design in single or multiple building projects shall be avoided. • Undulating fagade shall be encouraged. • Exterior fagade treatment shall be designed in a manner that creates interest to the pedestrian. • Tower forms, brick treatment, decorative columns will be incorporated into fagade design. • Materials shall be selected for suitability to the type of buildings and design in which they are used. Building walls should be finished in aesthetically acceptable tones, colors and materials, complement the tones, colors, and materials of neighboring buildings. • Materials shall be durable quality. • Exterior wall treatments like brick, natural stone, terra cotta and decorative concrete block, stucco and architectural metal panels shall be used. Other similar materials may be acceptable. • All wood treatment shall be painted and weather proofed. • A minimum of 25% of the fagade shall be treated with finished masonry building material. • Earth tone colors of exterior materials and complementary to adjacent buildings shall be encouraged. • Blank single masonry walls must consist of 25% of decorative masonry variation in color, texture or surface. • Visible entry from the street or a marked paved or well lit pathway encouraged. • Canopies shall be encouraged at entryways and shall meet city requirements for their projections. • Canopies and awnings shall be made of various materials and colors. • A minimum of eight feet clear space shall be provided from sidewalk elevation to the lowest point of a canopy and/or suspended sign. • Combination of glass and masonry will be encouraged along street fronts. The proposed buildings' exterior is a combination of the following materials and are generally consistent with the City Code and Design Standards: • Face brick page 189 • Stone veneer • Decorative concrete masonry units • Stone sill • Stucco/exterior insulation and finishing system (EIFS) • Prefinished metal trim • Aluminum storefront • Painted metal canopy • Metal panel 2. Subsequent Additions And Other Structures: Subsequent additions and other buildings or structures constructed after the erection of the original building or structure shall be constructed Of materials comparable in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. See the attached letter from the project architect concerning the proposed architectural design process, which describes the compatibility with the existing Mendota Plaza development. 3. Accessory Structures; Walls: Garages, accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality and appearance as the principal structure. 4. Compatibility With Other Structures: All structures shall be compatible with other structures in the area. 6. Storage Of Materials: a. All trash and trash handling equipment shall be stored within the principal structure or within an attached structure accessible from within the principal structure. An attached trash enclosure is located on the northeast corner of Building Two and will have matching exterior materials. It is assumed that one trash enclosure is adequate for both buildings and multiple tenants. High -Density Residential Development The proposed high-density residential development includes 149 units on 2.2 acres along the eastern property boundary line, perpendicular to STH 110, abutting the Dodge Nature Center and the proposed Mendota -Lebanon Hills Greenway Trail. According to the applicant, the proposed development provides market -rate housing for "rent -by -choice" residents. The proposed development also includes an open space/public gathering area over an underground stormwater basin in the front of the building/surface parking area. Proposed resident amenities for the development include the following: • Two-story entry lobby, including lounge and office spaces • Large kitchens, in -unit laundry, balconies, walk-in closets, high-speed internet, wood cabinets, granite counters, wood -styled flooring, and stainless steel appliances • Community room • Fitness facility • On-site office staff • Outdoor courtyard facing the Dodge Nature Center, including a swimming pool/deck, hot tub, gazebo, and grilling area • Roof -top deck, including adjoining community room • Bike storage areas • Bike hub, including repair tools • Dog -washing station • Sidewalks and greenway trail connection The requirements adopted within a PUD can be flexible, but should be reviewed against thelffnWils for similarly -zoned uses. While the development is zoned/guided as MU -PUD, the proposed plans are being reviewed under the R-3 High Density Residential District standards. The City Council has the discretion to enforce appropriate standards and adopt reasonable conditions as deemed necessary. Site and Structure Requirements The proposed building's main entrance is oriented towards the private access drive (Outlot B) and surface parking lot. The following R-3 District requirements were reviewed, as in Title 12 -1E -8-D of the City Code: Standard opo 3 -story or more: 96,043 square feet (2.2 acres) Minimum Lot 1 -bedroom: 5,100 square feet 99 1 -bedroom units Area/Dwelling Unit' 2 -bedroom: 6,050 square feet 50 2 -bedroom units 3 -bedroom: 6,680 square feet Efficiency units: Not permitted Minimum Floor Area 1 -bedroom units: 750 square feet 1 -bedroom: 618-801 square feet 2 -bedroom units: 800 square feet 2 -bedroom: 1,013-1,350 square feet 3 -bedroom units: 1,000 square feet Lot Width 150 feet No frontage on dedicated ROW Front Yard Setback 50 feet + 1 foot/each 1 foot of building 22 feet (from Outlot B) height over 60 feet Side/Rear Yard Setback 40 feet + 0.5 feet/1 foot of building Side Yard: +/-23 feet / 25.65 feet height over 75 feet Rear Year: 15.25 feet Building Height No limit 70 feet at highest point (southwest elevation) Parking Lot Setback 40 feet (ROW) +/- 255 feet (ROW) 10 feet (principal building) 5 feet (principal building) 'may be decreased by 300 square feet of each parking space provided underground Sources: Architectural Plans (sheets A001, A002, A003, & A004), Site Plan (sheet C2.1), and Preliminary Plat Based on the proposed unit -mix, building height, and underground parking provided, the lot area is significantly less than the R-3 District standards. The proposed unit floor area ranges are slightly smaller than the standard for the smallest one -bedroom unit and larger than the two-bedroom standard. No three- bedroom units are proposed in the building. While not a dedicated right-of-way, Outlot B contains the private access drive and, for all intents and purposes, serves as the lot's frontage. The proposed building setbacks for all required yards are significantly less than the R-3 District standards. The intent of the 10 -foot parking lot setback standard from the building is to allow for adequate access and landscaping. The closet point of the building to the surface parking lot is at the main entrance; adequate access space is provided and the remainder of the setback area contains adequate space for both access and landscaping. Floor Area Ratio (FAR) The R-3 District does not include a FAR standard, however the Mendota Plaza Design Standards limit building coverage to no more than 40%. The proposed high-density residential development has a FAR of 0.43 (41,316 SF/96,043 SF) and covers 43% of the site, which is not compliant with the Design Standards. If the Planning Commission and City Council approve the proposed density, staff has included a recommendation to amend the Development Agreement accordingly should the proposed PUD amendment be adopted. Parking page 191 The proposed high-density residential development includes 20 surface parking spaces and 217 underground spaces on two levels for a total of 237 spaces, which has a ratio of 1.6 spaces/unit. According to Title 12 - IE -E of the City Code, the number of required off-street parking spaces in the R-3 District is as follows: Number And Design Of Parking Spaces: A minimum of two and one-half(2112) parking spaces shall be provided for each dwelling unit, one of which shall be enclosed. Parking spaces shall comply with all parking regulations for size, location, and other standards. Based on the 2.5 spaces/unit standard and the proposed 149 units, strict application of the Code standard would require a minimum of 373 off-street parking spaces. See the attached memo for a detailed analysis of the proposed off-street parking facilities. Title 12 -1D -16-D-4 of the City Code requires the following: Size Of Spaces: Each parking space shall be not less than nine feet (9) wide and twenty feet (20) in length exclusive of access drives of twenty four feet (24) in width, and such space shall be served adequately by access driveway. The proposed 237 off-street parking stalls are broken down as follows: Sources: Site Plan (sheet C2.1) The proposed "nose -in" spaces overhanging the curb in front of the building are 18 feet in length, which is the same as the proposed commercial development. The proposed parking lot setbacks are consistent with the existing PUD and other mixed -used developments in close proximity. The proposed driveways are compliant with the 24 -foot width requirement and are over 50 feet from the STH 110 intersection, as required by the City Code. See the attached memo for a detailed analysis of the proposed off-street parking facilities. Building Elevations The proposed residential building runs generally north -south between the private access drive and the Dodge Nature Center property. According to the applicant, the proposed building is designed to appear as a collection of buildings that wrap around the front green space, creating a "village" feel, and is sited to maximize the natural views and light exposure. The proposed building's underground parking contains two levels with access from the private drive on the north and south ends. The proposed building is 70 feet tall from the highest point on the upturned cornice to the lowest grade, which is the southwest elevation facing the existing Mendota Plaza development. Due to the existing grades, which rise over 20 feet from the southwest to the east, the back of the proposed building is sited into the hillside abutting the Dodge Nature Center. The proposed building is generally four stories over two levels of underground parking, which are fully -exposed on the south end. The north end of the building decreases in height as a transition to the adjacent proposed commercial development, which will be approximately 20 feet lower in elevation. The proposed building's exterior is a combination of the following materials and are genefiafecWistent with the City Code and Design Standards: • Face brick • Stone veneer • Decorative concrete masonry units (CMU) • Stone sill • Cement board siding and trim • Prefinished metal trim • Prefinished aluminum railings (decks) • Synthetic wood • Painted steel • Metal panel See the attached letter from the project architect concerning the proposed architectural design process, which describes the compatibility with the existing Mendota Plaza development. Density According to Title 12 -1K -5-B-1 of the City Code: ...The density of individual uses in the NIU --PUD district may be guided by the standard zoning district for each use. The city council shall have the authority to determine the allowed density based on the quality and components of the planned unit development. Said density may be lesser or greater than that prescribed by the standard zoning district(s) at the discretion of the council. The applicable standard residential district for the proposed use is the R-3 High Density Residential District. The corresponding future land use designation for the R-3 District is HR -High Density Residential, which has a maximum allowed density of 8.5 units/acre. Based on analysis of other high-density residential uses developed as a PUD or under the R-3 District standards, most existing developments in the city far exceed the maximum allowable density in the Comprehensive Plan. However, the Code provision above does allow the City Council discretion to determine the allowed density, which may be lesser or greater than the standard zoning district. Therefore, staff recommends a more appropriate analysis of the proposed density would be to consider the entire Mendota Plaza PUD under the MU -PUD future land use designation, which has an allowable density range of 6-10 housing units/acre. According to Title 12 -1K -5-B-3 of the City Code: The planning commission shall determine the number of dwelling units which may be constructed within the planned unit development by dividing the net acreage of the project area by the required lot area per dwelling unit which is required in the equivalent zoning district for the area in which the planned unit development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets, but shall include all lands to be conveyed to the city for public parks. No portion of any wetlands, to the average high water marking as indicated on the city wetlands map, may be included for purposes of calculating land density. According to the PUD summary table (sheet C2.0), the entire Mendota Plaza development is 21.29 acres and contains 46 existing residential units. The development of an additional 149 residential units yields a density of 9.16 units/acre, based on the total acreage. However, based on the Code provision above, the number of dwelling units that may be constructed within a PUD is calculated using net acreage. The density based on the net acreage of the project area, excluding outlots and wetlands listed in the PUD Summary, is determined as follows: Parcel 1Units Lot 1 — Walgreens Parcel 1.742 Area Residential 0 Lot 2 — Mendota Plaza 6.144 0 Lot 6 — White Pine 2.004 46 Lot 1, Block 1— Second Addition 1.680 0 Lot 1, Block 2 — Second Addition 2.200 149 Lot 7 — Undeveloped 2.036 0 Lot 8 — Undeveloped 2.312 0 Total Net Area 18.118 acres Total Units 195 units Total Density 10.76 units/acre Source: Overall PUD Site Plan (sheet C2.0) page 193 A density of 10.76 units/acre for the proposed project is slightly higher than the allowed density range for the MU -PUD future land use designation. The existing PUD did not include a proposed number of residential units, so there is no available density comparison. Based on the PUD Final Development Plan for the Village at Mendota Heights mixed-use development, the proposed density is approximately 14 units/acre, which includes townhomes on the undeveloped parcels along Dodd Road. The City Council has the authority to determine the allowed density for the proposed PUD amendment and staff feels the proposed density is acceptable and consistent with current suburban mixed-use development practices. Swimming Pool The proposed residential building includes an in -ground swimming pool, including pool deck, hot tub, and gazebo and grilling areas bordering the Dodge Nature Center property. According to Title 9-2-4 of the City Code, concerning requirements in all zoning districts: B. Location Of Pools: 1. Pools shall not be located within ten feet (10), measured horizontally, from overhead or underground utility lines of any type. 2. Pools shall not be located within any private or public utility, walkway, drainage or other easement. The proposed pool deck/patio and portions of a retaining wall are located on top of a proposed underground storm sewer line, which would be unacceptable for a public utility. However, the utility in -question is private and the Engineering Department has advised the applicant they want to reconsider its location. The proposed swimming pool itself is not within any proposed easements, but the pool deck is within a drainage and utility easement running along the property boundary line. If the project is approved as proposed, this issue will be addressed as part of the subsequent Development Agreement amendment. According to Title 9-2-6 of the City Code, concerning requirements for multi -family dwellings: Private swimming pools which are intended for and used by the occupants of a multiple family dwelling and the guests of the occupants of such dwelling shall adhere to the following regulations: A. Location: No part of the water surface of the swimming pool shall be closer than fifty feet (50) to any lot line. B. Noise Control: No pumps, filter or other apparatus used in connection with or to service a swimming pool shall be located closer than forty feet (40) to any lot line. C. Decks And Patios: All deck areas, adjacent patios or other similar, ,areas 94ed in conjunction with the swimming pool shall be located at least forty feet (40) from any lot line in an adjacent single-family district. The proposed swimming pool's water surface is located approximately 10 feet from the rear property boundary line bordering the Dodge Nature Center property. No information is included as to the proposed location for pump/filter units. The proposed pool deck/patio area is located approximately 3 feet from the rear property boundary line, which borders a single-family district. The proposed swimming pool setbacks are significantly less than the applicable City Code standards. However, the required setbacks make it difficult to locate an appropriately -sized swimming pool on the parcel and the adjacent single-family district is the Dodge Nature Center property. Staff feels the proposed plan provides an amenity for the residential development that warrants flexibility from the existing standards. Off-street Parking The proposed off-street parking facilities are analyzed in-depth by the City's Planning Consultant in the attached memo. The following is an executive summary of the analysis and findings: High-density Residential Development • Parking standards for several other suburban communities were analyzed and the existing 2.5 stalls/unit standard is high in comparison. • In discussions with other planners on the subject, parking reductions from the required standards are commonly negotiated as part of a PUD process. • Based on analysis of 9 apartment projects in communities comparable to Mendota Heights, supplied by the applicant, the average ratio was 1.59 stalls/unit and 1.13 stalls/bedroom. • The proposed development includes 237 stalls and 149 units, which yields 1.6 stalls/unit and 1.2 stalls/bedroom and is comparable to the example projects. • The proposed project includes 20 above -ground stalls in the main parking lot in front of the building and an additional 20 stalls underground to accommodate visitor/guest parking, which accounts for approximately 17% of the total parking. • The proposed off-street parking facilities are adequate, assuming the bedroom mix remains the same, and provided that the proposed 40 visitor/guest parking stalls are made available. Commercial Development • There are several examples of off-street parking standards for restaurant uses, all of which require more parking than typical retail uses on a square footage basis. • Most examples reviewed based restaurant parking on seating, not square footage, or a combination of seating and employees — like the existing City Code standard. • The range for example square footage -based standards is 16.7-20 stalls/1,000 square feet and actual analysis of built -out restaurants included even higher ratios, some over 27 stalls/1,000 square feet. • The proposed development will most likely allow for shared parking between the retail uses, which may have different peak periods and may increase the amount of available spaces. • The proposed off-street parking facilities are adequate, assuming the mix of uses and restaurant square footage, provided that conditions are set forth in the amended Development Agreement to address any parking problems in the future. Signage Signage within the existing Mendota Plaza development is regulated by design standards adopted as an exhibit to the existing Development Agreement, which supersede the City Code standards if specifically addressed. The Design Standards include the following general signage policies/standards: page 195 • The use of the site's area identification signs should be encouraged. Such signs should evoke the intended character of the subject area. • A comprehensive signage plan will be required for multi -tenant buildings in the site. • Signs should be located and constructed in a manner considered visually compatible with the area and tie together both new and existing signs. • Signs should fulfill their intended purpose (readable business identification) in a non -obtrusive, aesthetically pleasing manner. • Signs that complement the scale of the building should be encouraged. • Signs must provide appropriate business identity. • The city's setback standards are to be met in regard to minimum location standards. • No sign or sign structure shall be closer to any lot line than a distance equal to one-half the minimum required yard setback. • Signs should be constructed of internally illuminated individual letters, logo allowed, considered compatible to prominent building materials. • Signs should be aesthetically compatible to prominent building materials • Signs should be aesthetically compatible in both area and building they serve. • Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. Wall Signs According to Title 12 -1D -15-I-1 of the City Code, concerning nameplates and business signs: 1. Nameplates And Business Signs: Nameplate signs and business signs are permitted subject to the following regulations: a. B -I And B -IA Districts: Within the B -I and B -IA districts, the aggregate square footage of sign space per lot shall not exceed the sum of one square foot per front foot of building plus one square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty (50) square feet in a B -I area. b. B-2, B-3, B-4 And I Districts: (1) Within the B-2, B-3, B-4 and I districts, the aggregate square footage of such space per lot shall not exceed the sum of two (2) square feet per front foot of building, plus one square foot for each front foot of lot not occupied by such building which fronts on a public right of way fifty feet (50) or more in width. The least width of a lot for purposes of this chapter shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet. The Design Standards include the following applicable wall sign policies/standards: • One wall sign per store frontage affixed to the exterior wall, canopy or marquees for freestanding buildings. • For multi -tenant building occupancy, one tenant identification wall sign per building fagade will be provided. • Wall sign on any single and double tenant building shall not exceed 100 square feet. • Individual tenant of multiple occupancy structures devoted to two or more businesses may display separate business signs if they have an exclusive exterior entrance. The number ofsigns, per individual tenant under 10, 000 square feet, shall be limited to one per storefront fagade, and each sign shall exceed 100 square feet. • Wall signs for business identification signs shall not exceed the height of the building they serve. • The signs shall be located on exterior walls, which are directly related to pt us96being identified. The proposed commercial development includes a variety of wall signs, which appear to meet the applicable size requirements. It is assumed that the proposed signage included on the commercial building elevations is speculative and will require sign permits prior to installation by future tenants, at which time staff will verify compliance with the applicable standards. Pylon and Monument Signs The proposed development includes a pylon sign along STH 110 and menu board sign for Building One for the commercial uses, as well as a monument sign for the high-density residential use along the private access drive. The existing development includes pylon signs at the Dodd Road entrance and just east of McDonald's facing STH 110 and monument signs along South Plaza Drive and for the White Pine building. The following requirements for pylon and freestanding signs in commercial districts were reviewed, as in Title 12 -1D -15-I-2 of the City Code: The Design Standards include the following applicable pylon and monument sign policies/standards: • The monument/business identification signs should promote a signage design standard integrated with the site's concept design. • Area identification signs are to be located at entranceways and focal points on the site. • One freestanding monumental/business identification sign per single and double occupancy building. • Buildings containing three (3) or more businesses may display an area identification sign. Individual freestanding signs identifying a tenant's business are not allowed. • Area identification signs may not exceed 200 square feet with a maximum height of 35 feet. PUD and sign plan approval may allow increase in size. • Single or double occupancy business signs shall not exceed 15% of the total front building fagade except that both front and side facades maybe counted for a corner tenant. Sign area may not exceed a maximum height of 35 feet. Monument signs may not exceed more than 10 feet high. Existing Proposed Standard Sign ' No higher than 45 feet Total Height 25 feet above the (Dodd Rd) 8 feet 27 feet -4 inches 6 feet average grade N/A level at sign base (STH 110) +/- 22 feet Lot Line Setback 10 feet (Dodd Rd.) +/- 8 feet 10 feet 5 feet +/- 5 feet (nearest lot line) (nearest lot line) (STH 110) +/- 6 feet Driveway/Parking 5 feet (Dodd Rd.) 9 feet +/- 16 feet +/-11 feet Area Setback +/- 36 feet (STH 110) 166 SF Gross Surface Area Not to exceed (Dodd Rd.) 128 SF 200 SF Not included 100 square feet 78 SF (S. Plaza Dr.) (+/- 96 SF total) (STH 110) Sources: Site Plan (sheet C2.1)_ Architectural Plan (sheet A005)_ Sieh Permit (memo dated 3/25/10)_ and aerial imai2es The Design Standards include the following applicable pylon and monument sign policies/standards: • The monument/business identification signs should promote a signage design standard integrated with the site's concept design. • Area identification signs are to be located at entranceways and focal points on the site. • One freestanding monumental/business identification sign per single and double occupancy building. • Buildings containing three (3) or more businesses may display an area identification sign. Individual freestanding signs identifying a tenant's business are not allowed. • Area identification signs may not exceed 200 square feet with a maximum height of 35 feet. PUD and sign plan approval may allow increase in size. • Single or double occupancy business signs shall not exceed 15% of the total front building fagade except that both front and side facades maybe counted for a corner tenant. Sign area may not exceed a maximum height of 35 feet. Monument signs may not exceed more than 10 feet high. The sign base for the monumental/business signs shall not exceed one half the pi aRm19m sign size permitted in the zoning district. The area and business/monument signs must be located in the landscaped area. According to the existing PUD, an 8 -foot monument sign was approved along STH 110, which is now being proposed as a pylon sign in a similar location. The existing pylon signs are not adequately -sized or appropriately -sited to accommodate additional nameplate signage for the future commercial tenants. The size and location of the proposed signage is generally consistent with the Design Standards and City Code requirements. The proposed pylon sign is higher than 25 -foot standard, but would be approximately 18 feet shorter than the existing pylon sign on Dodd Road. The proposed Signage Plan (sheet C2.3) also includes on-site traffic directional signs, which will be reviewed the Engineering Department as part of the building permit process. As required by the Design Standards, a comprehensive signage plan must be included with the Development Agreement. Each individual tenant sign will require a sign permit, and are not approved as part of the proposed requests in this case. Landscaping The proposed plantings are spread out across the development to create visual interest and year-round color. Their placement in the median and along the private access drive and parking areas help to define the entrances. In addition, the proposed plantings provide reasonable screening of parking areas/buildings. The proposed development's Landscape Plan (sheets L2.1-3) includes the species and locations of the following variety of plantings: • Deciduous trees (57) • Deciduous shrubs (668) • Evergreen trees (19) • Evergreen shrubs (109) • Ornamental trees (56) • Perennials (978) According to Title 12 -1D -13-2-D of the City Code, concerning landscaping requirements in commercial and industrial districts: 2. Minimum Area And Plant Material Required.- a. equired: a. At least twenty five percent (25%) of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. b. At least five percent (5%) of the land area within a parking area shall be landscaped. The proposed Landscape Plan includes the following: Source: Site Plan (sheet C2.1) ' 1 Space ' Parking 1 I (square1 -� I 1 1 ' Proposed PercentProposed Percent Lot 1, Block 1 73,256 SF 16,800 SF 23% 37,066 SF 2,797 SF 8% Commercial Lot 1, Block 2 96,043 SF 29 366 SF 31% 8,15 3 SF 253 SF 3% High-density Residential ' Outlot A 13,556 SF 12,589 SF 93% Stormwater Pond Outlot B Access drive/public 32,945 SF 13,119 SF 40% N/A gatherings ace Outlot C 269 SF 269 SF 100% Easement TOTAL 216,069 SF 72,143 SF 33% 45,219 SF 3,050 SF 7% Source: Site Plan (sheet C2.1) As shown in the table above, the proposed landscaping requirements are met for the projPMas a9hole. Individually, the proposed landscaping for the commercial development is slightly less than the 25% requirement and the parking lot landscaping for the high-density residential development is less than the 5% requirement. While not part of the proposed development, the MnDOT right-of-way and Dodge Nature Center property provide an additional natural buffer around much of the project site. In addition, the public gathering space in Outlot B is essentially located within the proposed parking lot of the high-density residential development, but is not counted as part of the parking lot landscaping. c. The following minimum sizes shall be required at the time of planting: • Overstory deciduous trees: 2'/2 inches in diameter • Ornamental trees: 1112 inches in diameter Coniferous trees: 6 feet tall Major shrub plantings: 5 gallons According to the plant schedule included in the Landscape Plan, the proposed plantings are compliant with the minimum size requirements. d. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. The proposed development area is largely devoid of existing significant mature vegetation and, according to the Demolition Plan (sheet C1.3), only one deciduous tree will be removed. e. All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. The proposed Landscape Plan is compliant with this requirement. f. All site areas not covered by buildings, sidewalks, parking lots, driveways, patios or similar hard surface materials shall be sodded, except those areas to be preserved in a natural state; provided, however, that areas reserved for future building expansions may be seeded. The proposed Landscape Plan includes sodded and seeded areas. The seeded areas will be a combination of stormwater, dry prairie, and mesic prairie mixes. g. Not more than fifty percent (50%) of the required number of trees shall be composed of one species. No required tree shall be any of the following: (1) A species of the genus Ulmus (except those elms bred to be immune to Dutch elm disease). (2) Box elder. (3) A species of the genus Populus (poplar). (4) Female ginkgo. (5) Amur maple. (6) Norway maple. (7) Russian olive. (8) Ash. (9) Buckthorn. (10) Black locust. The proposed Landscape Plan is compliant with this requirement. h. In order to provide for adequate maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development except additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas tRW p 99 rved in the natural state. The proposed plantings will be watered by an underground irrigation system. 3. Maintenance Of Landscaping: The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. The applicant has not indicated a landscape guarantee or maintenance responsibilities after the two-year warranty period. A condition requiring compliance with this regulation is included as a recommendation of approval. 4. Bond Requirements: a. When screening, landscaping or similar improvements to property are required by this chapter, a performance bond shall be supplied by the owner in an amount equal to at least one and one-half (1 1/z) times the value of such screening, landscaping, or other improvements. The bond, with security satisfactory to the city, shall be conditioned upon reimbursement of all expenses incurred by the city for engineering, legal or other fees in connection with making or completing such improvements. The bond shall be provided prior to the issuance of any building permit and shall be valid for a period of time equal to one full growing season after the date of installation of the landscaping. The city may accept a letter of credit, cash escrow or equivalent in lieu of a bond in an amount and under such conditions as the city may determine to be appropriate. In the event construction of the project is not completed within the time prescribed by the city council, the city may, at its option, complete the work required at the expense of the owner and the surety. b. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions, which may not exceed nine (9) months, may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require such additional security as it deems appropriate. A condition requiring the appropriate performance guarantee is included as a recommendation of approval. In addition, the Mendota Plaza Design Standards contain the following applicable landscaping policies/standards: • Plant material is to be utilized within the site area as an aid to provide continuity within the area and to provide a recognized definition of its boundaries • Unity of design shall be achieved by repetition of certain plant varieties and other streetscape materials and by correlation with adjacent development. • Entry points into the areas are to be significantly landscaped and are to be designed with a common theme. • Plant material is to be utilized as a screening element for parking and building utility areas. • Plant materials are to be utilized within parking lot islands within the area, grouped massing of landscape encouraged in parking lots to maximize landscape impact and allow functional snow removal and storage. • All loading service, utility and outdoor storage areas shall be screened from all public roads and adjacent differing land uses. When natural materials are used as a screen, the screen shall achieve 75% opacity year round. • Lighting provided in landscaped areas is encouraged and should be directed pawgay jo0m the public right-of-way. • The landscape design of each area within the site boundaries is to be reviewed to determine if the landscape treatment helps to beauty and unify the overall area. Despite this approach, individual landscape designs that help enhance architectural features, promote individuality, provide shade, strengthen vistas and axis is encouraged. • Plant material shall be selected in regard to its interesting structure, texture, color, seasonal interest and its ultimate growth characteristics. • Where building sites limit planting, the placement of plant materials in planters or within paved areas is encouraged. The proposed Landscape Plan is generally consistent with the Design Standards. However, specific building utility and loading areas are not shown on the plans and must be screened appropriately; a condition is included as a recommendation of approval. In addition to the general site landscaping, the Landscape Plan (sheet L2.2) includes enlarged plans for the open space/public gathering area in front of the high-density residential building and the overlook to be constructed on the proposed bridge over the creek. Adequate landscaping and colored concrete is provided to visually enhance both areas. Additional amenities include pet waste stations, benches, vinyl pergola, bike racks, and ornamental fencing. Lighting According to Title 12-1I-15 of the City Code, concerning lighting performance standards: Lights for illuminating parking areas, loading areas or yards for safety and security purposes shall create a reading of no more than 0.2 foot-candle at the shared property line with a commercial or industrial use or public right of way, and shall create a reading of zero foot-candles at the shared property line with residentially zoned property. In addition, the Mendota Plaza Design Standards contain the following applicable lighting policies/standards: • Lighting of the site should provide continuity and consistency throughout the area. • Exterior lighting, when used, shall enhance the building design and the adjoining landscape. • Lighting standards and building fixtures shall be of a design and size compatible with the buildings and adjacent areas. Lighting used in the adjacent area should be encouraged through the site. • Lighting shall be restrained in design and excessive brightness avoided. According to the proposed Photometric Plan (sheet E1.1), the development contains a total of 15 lights. The private access drive has three lights oriented towards it, and others oriented in other directions providing additional coverage, but none farther north than the northern parking lot entrance. Staff recommends that additional lighting within the STH 110 right-of-way is considered as part of the required permit with MnDOT. The proposed plan indicates lighting will create readings in excess of 0.2 foot-candles at the shared property lines, which is not compliant with the applicable performance standard. Since the entire property in -question is zoned MU -PUD and is part of a larger mixed-use development, the foot-candle requirements do not apply to the existing lots in the PUD. The Photometric Plan does not include any building lights for either of the proposed uses. According to the applicant, there will be some lighting on the back side of the proposed apartment building and each unit will have an individual deck light. There will be a wall sconce at the community room entry, and a wall light at the stair exit. In addition, there will also be some bollard -style lighting around the ROW Off has included a recommendation of approval requiring those lights be shown in a revised Photometric Plan. A table containing the proposed light fixtures is included on the plan. It is assumed that the proposed fixtures are shoe -box -style lights, but staff recommends more detailed specifications are provided for review. Wetlands Permit The previously -approved PUD included approval of a wetlands permit for essentially the same work as in the proposed amendment. Since wetlands permits expire if not completed within one year of approval, the applicant was required to include the request as part of the application submittal in this case. According to Title 12-2-1 of the City Code, the purpose of the Wetlands Systems Chapter is to: • Provide for protection, preservation, maintenance, and use wetlands and water resource - related areas; • Maintain the natural drainage system; • Minimize disturbance which may result from alteration by earthwork, loss of vegetation, loss of wildlife and aquatic organisms as a result of the disturbance of the natural environment or from excessive sedimentation; • Provide for protection of potable fresh water supplies; and • Ensure safety from floods. The proposed project includes grading and construction activities within 100 feet of a wetland/water resource -related area, including disturbance within 25 feet of the creek required for construction of the proposed patio/deck and bridge connecting the development site to the existing Mendota Plaza development. The proposed bridge and retaining walls are in similar locations as those in the existing PUD/Wetlands Permit and the proposed project is consistent with the original approval. The existing site is devoid of mature, natural vegetation and will be landscaped as part of the proposed project. See the attached memo from the Engineering Department concerning grading/erosion control and stormwater management for detailed analysis of the proposal. Wetland Delineation Report As part of the original PUD approval, the entire site was delineated and the impacts were mitigated through wetland banking. The applicant was required to have the proposed development area delineated again and included an updated report as part of the application submittal. The report confirmed that field conditions within the project boundary have not changed and that there are no wetlands on the proposed site. Staff and the Army Corps of Engineers conducted a site visit on May 10, 2016 and confirmed the data in the report. A portion of the site may have met wetland conditions if it was not being drained by the city constructed creek which runs through the site. There are proposed wetland impacts for the construction of the bridge connecting the site, but, as previously -noted, these impacts have already been mitigated. The City Council accepted the delineation report for the proposed project at the May 17, 2016 meeting and directed staff to issue the appropriate Notice of Decision. Dakota County Trail Dakota County is in the process of designing a pedestrian underpass of STH 110. The underpass is scheduled to be constructed in 2017 in conjunction with the MnDOT rehabilitation project for Highway 110. The underpass will become part of the Mendota -Lebanon Hills Greenway Trail, and will connect to the River to River Greenway Trail (formerly known as the North Urban Regional Trail) on the north of Highway 110 with the Mendota -Lebanon Hills Greenway Trail to the south. As part of the proposed development, the plans show a connection to the Mendota -Lebanon hii�9Vrr g3nway Trail. The applicant has been working with the Dakota County project management team to establish this connection and will obtain a written agreement prior to the issuance of a building permit. Dodge Nature Center The Dodge Nature Center's 185 -acre Lilly property directly borders the proposed development to the east. The proposed greenway trail will run in an easement between the two properties. The Lilly property is undeveloped and contains wetlands, prairielands, and woodlands. The applicant reviewed the proposed plans with the Nature Center's leadership, whose response was generally favorable to the development plans. The following is a summary of the comments provided in the attached letter and staffs response: 1. Preservation of trees and vegetation between the properties The existing MnDOT easement land will be disturbed during construction of the trail, which currently acts as a buffer between the properties. Dakota County is working to finalize the design plans, which will include landscaping along the trail. Staff will encourage both parties to communicate during the design process and feels the proposed landscaping is adequate as proposed. 2. Erosion and run-off mitigation during construction Staff has reviewed the proposed Erosion Control Plan and determined it is adequate. Staff will further ensure the construction project is compliant with the City's Land Disturbance Guidance Document. 3. Emergency vehicle access/fire lane on the east side of the development The Mendota Heights Fire Department has reviewed the proposed plans and their comments are included in the attached memo. 4. Designated entry point between the development and the nature center Staff is supportive of any signage and wayfinding to connect users of the trail and proposed development to the Dodge Nature Center. This should be a conversation between the applicant, Dakota County, and the Dodge Nature Center. It is staffs understanding that the County is aware of the request and will be working directly with the Nature Center to provide design solutions. Development Agreement If the requests in this case are approved, the existing Development Agreement between the applicant/property owner and the City will have to be amended and approved by the City Council. The following items need to be addressed in the subsequent amendment: 1. Sale and transfer of property to At Home Apartments 2. Park dedication fees 3. Floor Area Ratio for high-density residential use 4. Underground visitor/guest parking 5. Private utility locations 6. Landscaping performance guarantee 7. Outlot A deck encroachment 8. Comprehensive Signage Plan This list is not exclusive and additional items to address issues raised during or after the review process can certainly be included. ALTERNATIVES page 203 1. Recommend approval of the conditional use permit, preliminary/final plat, and wetlands permit requests, including drainage and utility easement vacations, based on the attached finding of fact, with conditions. CIx, 2. Recommend denial of the conditional use permit, preliminary/final plat, and wetlands permit requests, based on the finding(s) of fact determined by the Planning Commission and/or City Council. 3. Table the request. STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit, Preliminary/Final Plat and Wetlands Permit requests, including drainage and utility easement vacations, based on the attached findings of fact (Alternative 1), with the following conditions: 1. The applicant shall draft appropriate amendments to the existing Development Agreement required by approval of the proposed project, to be reviewed and approved by the City Council. 2. Necessary drainage and utility easements shall be included on the Final Plat, as determined by the Engineering Department and Saint Paul Regional Water Service. 3. As part of the proposed high-density residential use, the applicant shall make at least 20 underground spaces available for visitor/guest parking. 4. The proposed commercial development shall be limited to an appropriate square footage of restaurant space to accommodate off-street parking demand and maintain consistency with the traffic analysis, to be included as part of the amended Development Agreement. 5. The applicant shall submit a comprehensive signage plan for the proposed multi -tenant commercial buildings that is compliant with the applicable design standards and City Code, to be reviewed by the Planning Department and included as part of the amended Development Agreement. 6. Rooftop mechanical units shall be of a low profile variety. All ground -level and rooftop mechanical utilities, other than low profile rooftop units, shall be completely screened with one or more of the materials used in the construction of the principal structure, to be reviewed by the Planning Department and verified as part of the building permit review process. 7. Plant material shall be utilized as a screening element for building utility areas, but shall not obstruct fire department connections or hydrants, to be reviewed by the Planning and Fire Departments and verified as part of the building permit review process. 8. All loading service, utility and outdoor storage areas shall be screened from public roads and adjacent differing land uses. When natural materials are used as a screen, the screen shall achieve 75% opacity year round. 9. A performance bond or letter of credit shall be supplied by the applicant in an am(Puf e�V%i to at least one and one-half (1'/2) times the value of such screening, landscaping, or other improvements, to be included as part of the Development Agreement. 10. The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. 11. A revised Lighting Plan shall be submitted that includes proposed building lighting and any additional lighting within the MnDOT right-of-way, to be reviewed by the Planning and Engineering Departments and included as part of the amended Development Agreement. 12. The final Storm Water Modeling Report shall be signed by a currently licensed Professional Engineer in the State of Minnesota. 13. Stream flow and corresponding culvert sizing shall be completed using Atlas 14 rainfall quantities. 14. The proposed deck encroachment into Outlot A shall be addressed in the amended Development Agreement. 15. The required traffic report requested by MnDOT shall be signed by a currently licensed Professional Engineer in the State of Minnesota. 16. A MnDOT Right -of -Way Access Permit shall be obtained for the proposed access to STH 110 as shown in the proposed plans prior to final approval. 17. The proposed water system shall be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards, including written approval of the design layout prior to final City Council approval. 18. The proposed common sanitary sewer line serving both commercial buildings shall be placed within and drainage and utility easement equal in width to twice the depth of the sewer pipe. 19. A profile (elevation) view of creek crossing depicting utility locations and separation distance from creek culvert shall be provided and approved by SPRWS. 20. The proposed trail connection to the Mendota -Lebanon Hills Greenway Trail shall be coordinated with Dakota County, including a written agreement prior to issuance of a building permit. 21. A cut/fill analysis shall be provided along with final building permit plans denoting the amount of material export/import expected for the complete development. 22. Proposed retaining walls in excess of four feet in height shall require engineering design provided with the building permit application. 23. The applicant shall begin the work authorized by the wetlands permit within ninety (90) days from the date of issuance of the permit or obtain an extension as permitted by City Code. 24. The applicant shall complete the work authorized by the wetlands permit within the twelve (12) months from the date of issuance of the permit or obtain an extension as permitted by City Code. 25. Building and grading permits shall be obtained from the City prior 0aVRA&tion commencement. 26. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. 27. Drive lane access into and out of the off-street parking areas to the building's front doors shall be unimpeded and a minimum of 20 -foot -wide clear access. 28. The radiuses on the Outlot B shall be such that fire truck turning movements are unimpeded, to be reviewed and approved by the Fire Department. 29. The underground storm water structure in Outlot B shall support fire equipment weight if required to be driven over by a fire truck. 30. No Parking signs shall be posted around Outlot B. 31. All applicable fire and building codes, as adopted/amended by the City, shall apply and the buildings shall be fully -protected by an automatic fire sprinkler system. MATERIALS INCLUDED FOR REVIEW 1. Engineering Department memo 2. Fire Department memo 3. Parking memo 4. Dodge Nature Center letter 5. Aerial site map 6. PUD Master Plan, dated 4/29/2009 7. Planning applications, including supporting materials FINDINGS OF FACT FOR APPROVAL page 206 CUP for PUD Amendment, Preliminary/Final Plat, Wetlands Permit Requests Mendota Plaza Second Addition 720 Highway 110 The following Findings of Fact are made in support of approval of the requests: 1. The proposed amendment to a Planned Unit Development Final Development Plan is consistent with the Comprehensive Plan and applicable City Code requirements for such a development. 2. The proposed project utilizes the planned unit development (PUD) zoning flexibility to enhance development of the property without negatively impacting surrounding land uses and natural resources. 3. Construction of the proposed high-density residential development accounts for a significant amount of the Metropolitan Council's Year 2040 forecasted population and household increases. 4. The proposed project is designed to minimize impacts on the wetland areas and is consistent with the previously -approved PUD. 5. The proposed trail and pedestrian connections included as part of the proposed project will facilitate recreational opportunities. page 207 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.cam CITY OF MENDOTA HEIGHTS MEETING DATE: June 28, 2016 TO: Nolan Wall, City Planner FROM: John R. Mazzitello, PE, PMP, MBA — Public Works Director/City Engineer SUBJECT: Review of Plans for Planning Case 2016-16 COMMENT: Introduction Engineering staff has received the proposed plans for the Conditional Use Permit (CUP) for Planned Unit Development (PUD) Amendment, Preliminary/Final Plat, and Wetlands Permit at the Mendota Plaza. The following is engineering staffs analysis of those plans and recommendations for items to be conditioned as part of final project approval. Backeround The Mendota Plaza PUD was originally approved in 2009 and included a mix of retail and office space in the northeast section of the development area. The applicant is now proposing a mix of restaurant/retail and high-density residential space in that same area as part of the requested PUD Amendment. The following review covers areas under the responsibility of engineering staff. Discussion Engineering staff has reviewed the proposed plans and offers the following comments and suggested conditions of approval. Conditions are so annotated. Storm water The storm water report provided shows post -development runoff discharge rates well below the existing, pre -development condition; as well as below the originally proposed PUD storm water model. Even with an increase of —3.5 acres of new impervious surface, the rate controls provided in detention ponds, along with the underground infiltration appear to provide ample treatment for surface water discharge. The storm water model appropriately uses Atlas 14 storm event rainfall quantities. The storm water management plan ise�y acceptable to staff with the following conditions/comments: 1. The Storm Water Modeling Report needs to be signed by a currently licensed Professional Engineer in the State of Minnesota (condition of final approval). 2. Stream flow and corresponding culvert sizing will need to be completed using Atlas 14 rainfall quantities (condition of final approval). 3. The restaurant deck (800 SF +/-) encroaches into Outlot A of the proposed development plans. Since Outlot A is a storm water retention and treatment pond, a provision will need to be included in the Developers Agreement that states if the City needs to perform maintenance to the pond that the City is under no obligation to repair damages to, or replace the deck encroaching into the Outlot (condition of final approval). 4. COMMENT: Soils in place where the underground infiltration/storage facility is ppopi4gppear to be suitable for infiltration. 5. COMMENT: Dakota County will likely be utilizing the 10 -foot Drainage & Utility Easement along the north property line for a storm sewer line draining the Highway 110 pedestrian underpass area. Traffic The Trip Generation Comparison Memo provided by the applicant identifies 310 fewer anticipated trips per typical weekday, 20 fewer anticipated trips during the morning peak hour, and 20 more anticipated trips during the evening peak hour when compared to the original traffic model for the Mendota Plaza PUD from 2009. The memo also identifies local data collected by Spack Consulting in 2014 and 2015. This data is consistent with Institute of Traffic Engineers (ITE) data. The State Department of Transportation (MnDOT) development review identified the need for a new, complete traffic study for the development to include projections up to and including the year 2040. The City will also need to review this report prior to final approval. The traffic memo is acceptable to staff with the following conditions: 6. The full traffic report requested by MnDOT will need to be signed by a currently licensed Professional Engineer in the State of Minnesota (condition of final approval). 7. A MnDOT Right -of -Way Access Permit will need to be obtained for the right-in/right-out access to Highway 110 as shown in the proposed development plans (condition of final approval). Utilities Utilities appear to be laid out in accordance with City, State, and industry standards. Calculations were provided showing adequate sanitary sewer pipe sizing for the residential development. The utility layout is acceptable to staff with the following conditions/comments: 8. Water system will have to be designed and constructed to Saint Paul Regional Water Service (SPRWS) standards. Written approval of the design layout will be required by the City (condition of final approval). 9. Common sanitary sewer line serving both commercial structures will need to be placed within and drainage and utility easement equal in width to twice the depth of the sewer pipe (condition of final approval). 10. Profile (elevation) view of creek crossing is required. Profile should depict utility locations and separation distance from creek culvert (condition of final approval). 11. COMMENT: Ensure all utility crossings are de -conflicted and with enough vertical clearance. 12. COMMENT: Storm Sewer Line is shown underneath swimming pool (CB15-STMH14) and retaining wall (STMH14-STMH13). This could create maintenance issues. Grading/Erosion Control Grading/Erosion Control Plan is generally well thought out and includes the elements required by the NPDES Permit. The Grading and Erosion Control Plans aree�y acceptable to staff with the following conditions/comments: 13. Trail connection to the proposed Mendota -Lebanon Hills Greenway trail to the east will need to be coordinated with Dakota County. Written agreement will be required by the City (condition of Building Permit). 14. Cut/Fill analysis will need to be shown along with final plans denoting amount of material export and material import expected for the complete development (condition of Building Permit). 15. Retaining wall along the south portion of the eastern property line is in excess of 4 feet in height. Engineer design of this retaining wall will be required by the City (condition of Building Permit). Budget Impact None Recommendation page 209 Staff recommends the City Planner incorporate these comments and conditions into the staff report for the Planning Commission meeting and Public Hearing scheduled for June 28, 2016. 1101 Victoria Curve I Men[fota g210N 55118 651 452.1850 phone I 651,452,894(0 Fax www.Pnenoota-heights corn Carr OF MENL OT A HEIGHTS June 22, 2016 To: Nolan Wall, Planner From: John Maczko, Fire Chief RE: Mendota Plaza PUD review - Planning Case 2016-16 Fire Marshal Jim Lee and myself have reviewed the site plan and offer the following comments. Fire Department Connection (FDC): FDC should be on address side of building. Hydrant near -by. Access: • While this is not a building requirement it would be helpful to have the trail to the rear of the building constructed to support fire apparatus. The building is to be fully sprinkled but this access could prove helpful and should be communicated to Dakota County when the trail is constructed. • Drive lane access into and out of the parking areas to the front door shall be unimpeded and a minimum of 20' wide clear access. o The radiuses on the Outlot B should be such that the trucks can make the turn unimpeded. The inside turning radius of the truck is 28' and outside radius is 44' o Underground storm water structure must support fire equipment weight IF we are driving over any portion of it o No Parking signs may need to be posted around the Outlot B if parking becomes an issue. Landscaping: Shall not be planted to obstruct the FDC or any hydrants. Care should be taken to make sure plantings on the Dodge Nature side are planted far enough away from the building to not be a fire hazard if a wildfire occurs. At least 25' of low cut lawn should be provided as a wildland interface to prevent fire exposure the building. Landscaping becomes less of an issue if the lower floor is a fire resistant material though a clear interface is still recommended. Building Construction: All applicable fire codes and building codes as adopted/amended by the City apply and the buildings are fully protected by an automatic Fire Sprinkler system. page 211 �► Stantec Item No. 2016-16 MEMORANDUM Date: June 28, 2016 To: Mendota Heights Planning Commission From: Phil Carlson, AICP, Consulting Planner RE: Planning Case 2016-16: Mendota Plaza PUD Parking Analysis INTRODUCTION The applicants for the Mendota Plaza Planned Unit Development have proposed parking space numbers for both the restaurant/retail buildings on Lot 1 and the apartment project on Lot 2 in the new PUD proposal that are less than current Mendota Heights zoning code standards. This memorandum summarizes our analysis and recommendations on the parking issues associated with these two elements of the proposed plan. BACKGROUND Apartment Project: • The previously approved PUD did not have a residential component on the lots in question, so there is no comparison to the previous approvals. • The new apartment project proposes 237 parking spaces for 149 units, or 1.6 spaces/unit, of which 217 are proposed underground, or 1.46 spaces/unit. • The apartment project proposes 99 1 -bedroom units and 50 2 -bedroom units, for a total of 199 bedrooms. With 237 parking spaces proposed, this comes to 1.2 spaces/bedroom. • Mendota Heights Code, in Section 12-1 E -8-E.1, requires 2.5 parking spaces per dwelling unit, at least one of which shall be enclosed. Using this rate, the project would be required by code to have 373 spaces, with at least 149 spaces enclosed. Restaurant/Retail Buildings: • The previously approved PUD noted parking that averaged 11.7 spaces per 1,000 square feet for two retail/restaurant buildings totaling 7,600 square feet in that plan, more or less in the same location as the proposed retail/restaurant buildings in the current proposal. • The restaurant/retail component of the new PUD amendment proposes 105 parking spaces for two buildings totaling 10,860 square feet of floor area, or 9.7 spaces per 1,000 square feet. • The applicants have indicated the buildings may include up to 8,500 sq ft for restaurants, with retail in the rest of the space. • Mendota Heights Code, in Section 12-1 D -16-F, requires 7 spaces per 1,000 square feet of floor area for retail space. If all the proposed space were retail, the buildings would need 76 spaces. Design with community in mind OLpage 212 June 28, 2016 Mendota Heights Planning Commission Page 2 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis Mendota Heights Code, in Section 12-1 D -16-F, requires 1 parking space per employee plus 1 space per 3 seats in the restaurant. Restaurant seating can vary considerably and is discussed further below, but in scenarios with a significant restaurant component more parking would be required by the Mendota Heights code than is provided in the plan. But assuming a ratio of 16.3 spaces per 1,000 sq ft (ratios discussed below) for a 6,000 -sq -ft restaurant and the City's retail ratio of 7/1000 for the remainder of the space, 132 spaces might be required. APARTMENT PARKING Analysis 1) We have researched parking standards in nine suburban communities and talked with the planners in five of these cities. The Mendota Heights code requirement is higher than all other communities researched except Apple Valley, which also has a standard of 2.5/unit. Most are at 2.0/unit, but Golden Valley is at 1.5/unit and St. Louis Park calculates per bedroom, not per unit, and requires 1.0 space per bedroom (a project of all 2 -bedroom units would yield a rate of 2.0 spaces/unit and a project that is half 1 -bedroom and half 2 - bedroom would come in at 1.5 spaces/unit based on the St. Louis Park code) . These standards are summarized in the table on the next page. 2) Discussion with the planners in other communities shows they regularly negotiate the parking requirements on a case-by-case basis, often within a PUD, and often go below their own published standard. All agreed that a standard of 2.5/unit was high. 3) We have information on fifteen apartment projects, supplied by the applicant and by the City of Minnetonka, also summarized in the table on the next page. All projects are at or below 2.0/unit, some well below that. 4) Of the projects for which we have information, six are in areas well served by transit - Minneapolis, St. Paul and one in Eagan near a transit hub (blue entries in the table). With good transit some tenants would rely less on a car or might have one car vs. two cars for a given unit. We consider these projects not relevant to the Mendota Plaza project, which does not have good transit access. 5) The average for the other nine projects (not in transit -friendly areas and therefore reasonable to compare to the Mendota Plaza project) is 1.59/unit, very close to the 1.6/unit that the applicants are proposing for their project. We have bedroom information on five of the projects, the average of which is 1.13/bedroom, compared to the 1.2/bedroom proposed by the applicants for Mendota Plaza. 6) Car ownership rates in the U.S. reached a peak 20-30 years ago and have been falling since, according the U.S. Bureau of Transportation Statistics (see table on the following page), so even without transit nearby there is consensus that apartment tenants likely have fewer cars today than a generation ago. This is a key reason that the parking numbers Design with community in mind OLpage 213 June 28, 2016 Mendota Heights Planning Commission Page 3 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis have been going down and that many communities have been reconsidering their parking standards for multi -family projects. 7) The Institute of Transportation Engineers (ITE) publishes a manual on parking demand, citing studies of built projects. Their 4t" Edition manual (2010) shows a range of 1.10-1.37 spaces per unit, with an average of 1.23/unit. The number of studies cited is not large, some studies in the mix are very old, and there is no indication of the number of bedrooms in the projects studied, so we do not recommend using the ITE numbers as a firm guide. 8) None of the codes researched or the planner interviews specifically dealt with visitor parking, but one planner suggested 10%-15% should be adequate. 9) The Mendota Plaza project proposes 20 spaces, or 9% of the parking, in the surface lot in front of the building. They have also proposed to have 20 spaces in the first underground parking ramp level available to visitors by use of a security code that tenants can share with their guests. This would bring the total visitor spaces to 40 spaces, or 17% of the total parking. Apartment Parking - Conclusion & Recommendation Based on the above analysis, our conclusion is that the parking for the proposed apartment project in Mendota Plaza is adequate at 1.6 spaces per unit and 1.2 spaces per bedroom, assuming the mix of 1 -bedroom and 2 -bedroom units remains as proposed in the current plans, and provided that both the 20 surface parking spaces and the 20 additional spaces in the underground ramp are guaranteed to be available for visitors as part of the PUD development agreement. Design with community in mind OL June 28, 2016 Mendota Heights Planning Commission Page 4 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis Apartment Parking Standards Apartment Parking Standards §bgWe� s City/Proiect Per Unit Per BR Cities Apple Valley 2.50 Eagan 2.00 Eden Prairie 2.00 Edina 2.00 Golden Valley 1.50 Maple Grove 2.00 Mendota Heights 2.50 Minnetonka 2.00 St. Louis Park 1.00 ITE Manual standard - high 1.37 ITE Manual standard - average 1.23 ITE Manual standard - low 1.10 Projects Eagan/City Vue 1.30 Golden Valley/Hello 1.50 Minneapolis/ 1400 1.18 Minneapolis/Girard 1.10 Minneapolis/Parkway W est 1.27 Minneapolis/W River Commons 1.37 Minnetonka/Carlson Island 1.55 1.03 Minnetonka/Chase-Nine Mile 1.60 Minnetonka/Rowland 1.60 1.34 Minnetonka/Tonka-Creek 1.49 1.15 Minnetonka/The Ridge 2.00 0.93 Minnetonka/Highland Bank 1.78 1.20 St. Louis Park/Elliott 1.43 St. Paul/Park 24 1.00 White Bear Lake/Boatworks 1.40 Average - Projects 1.44 1.13 Average (not Eagan, Mpls, St. Paul) 1.59 Mendota Plaza - Proposed 1.60 1.20 Design with community in mind page 214 Cars per Capita - U.S. 1970.2008 0.60 0.50 0.40 0.30 .Car/capr:�. 0.20 0.10 OM 1970 1980 1990 2000 2008 Source: U.S Bureau of Transportation Statistics `1 June 28, 2016 Mendota Heights Planning Commission Page 5 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis RESTAURANT/RETAIL PARKING Analysis page 215 1) We have researched parking standards for retail and restaurant uses in the same nine cities as for the apartment parking, plus West. St. Paul, which was suggested by the applicants. We also analyzed the site plans of twelve sit-down restaurants in various cities. This information is summarized in the tables on the following pages. 2) Although standards and experiences vary, the clear pattern is that restaurants require more parking than typical retail uses on a square footage basis. The applicants for the Mendota Plaza PUD have indicated they may use up to 6,000 square feet of commercial space for a sit-down restaurant. Therefore, it is prudent to plan for the worst case scenario and estimate the restaurant parking demand. 3) Most of the ten cities we surveyed base restaurant parking on seating, not square footage, or a combination of seating and employees, like Mendota Heights does. A few cities use square footage, and in those cities the standard is 16.7 to 20.0 spaces per 1,000 square feet. Two cities in the table calculate parking based on the dining area and bar area, not the entire restaurant, so the numbers in the table for those cities are an estimate based on an assumed layout (2:1 dining:kitchen; or 50% dining/ 15% bar/35% kitchen), which still yielded rates of about 14.3/1000 and 20.8/1000. The applicants cited West St. Paul's standard of 8.0/1000 which we believe is low by half, compared to these other cities. 4) The connection between seating and square footage is not readily available, but we researched a Chili's restaurant floor plan that is 6,028 square feet with 246 seating. This comes to about 1 seat/25 sq ft, or 40 seats/ 1000 sq ft. At 1 parking space/3 seats that would be 13.3 parking/1000 sq ft. If we assume 18 employees for this restaurant, that would be 3 employees/1000, for a total parking ratio of 16.3/1000. This is in the range of the other cities' standards and is used below in of the City scenarios. The applicants' information (cited below) suggests this is high and that only about 166 seating is typical for a 6,000 sq ft restaurant. 5) The ITE manual has standards for restaurant parking too, for both a "quality" restaurant with a bar or lounge and a "high turnover" restaurant (sit-down, not fast food). The rates range from 14.3/1000 to 22.7/1000. These figures are similar to the numbers used by other cities. 6) The average for five cities and the ITE rates is 16.9/1000. 7) The twelve restaurants we researched are all in suburban locations and range in size from 4,600 sq ft to 8,500 sq ft, about the size that might be developed in Mendota Plaza. The building areas were measured on Google Earth and parking counted from the aerial photo. The results are summarized in the table on following page. The range of parking ratios was from about 1 1 /1000 to over 27/1000. The low end example - 11.2/1000 at La Casita in Roseville - is a restaurant I know well near our office and it often has overflow Design with community in mind OLpage 216 June 28, 2016 Mendota Heights Planning Commission Page 6 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis parking on the street at busy times. The average parking ratio of these twelve restaurants was almost 18/1000, also in the range of the standards used by most cities. 8) The parking counts noted above are of spaces built and not necessarily stalls used at peak times. Some restaurants may have considerably more parking on site than they need. If we assume this to be about 10%-20% more parking than needed, a reasonable ratio would be 15/1000. 9) Another issue in this analysis is the question of shared parking - one user is at its peak when another one is not, and therefore there is no need for the maximum number of parking spaces for both uses. The question is how much reduction in parking can we assume, and will it make a difference? 10) The applicants have provided a parking narrative and a table of parking analysis, both attached. Their analysis discusses parking ratios they believe to be reasonable and shows that the number of spaces they have provided will meet those ratios. The analysis relies on their experience with the three restaurants at the existing Mendota Plaza shopping center, plus two other restaurant formats of similar size to the proposed restaurant. They conclude that the number of seats averages 1/36 sq ft of restaurant floor area. At 1 space/3 seats, this comes to about 9.1 spaces/1,000, for just the seating component. They also add employee parking at 1 /employee. 11) The ratios used by the applicant are lower than the ones we have researched above, but by including a shared parking component to the equation we can come to very much the same conclusion. In other words, the applicant's experience at Mendota Plaza may reflect shared parking on the ground. The table on the next page shows City Code requirements, the applicant's numbers, and two scenarios in our analysis. The column for "Share" means the share of the parking ratios that are assumed at peak demand times. In the applicant's numbers these are all at 100%. In the City's analysis we assume a noon lunch peak and an evening dinner peak. We assume the restaurant is at 100% parking for both lunch and dinner. A coffee shop might have some business at noon, but not peak use, perhaps 75%. It might have less use - half peak - in the evening. Retail space might be just the opposite of the coffee shop - half peak at noon, 75% in the evening. Commercial Parking - Conclusion & Recommendation Based on the above analysis, our conclusion is that the parking for the proposed commercial buildings in Mendota Plaza is adequate at 105 spaces for the proposed buildings totaling 10,860 sq ft. This assumes the mix of uses is as proposed in their narrative - no more than 6,000 sq ft for a sit- down restaurant with bar, and the rest of the space for either coffee shop or retail uses. The development agreement should stipulate that the City Council has the right to review or revoke the PUD if parking problems persist on site, in the opinion of the City Zoning Administrator. Design with community in mind `1 June 28, 2016 Mendota Heights Planning Commission Page 7 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis MENDOTA PLAZA RESTAURANT/RETAIL PARKING SCENARIOS Use City Code W Restaurant Size 6,000 sq ft Ratio Share *16.3/1000 100% Parking Spaces 98 Coffee Shop 2,500 sq ft 7.0/1000 100% 18 Retail 2,360 sq ft 7.0/1000 100% 16 Total Required 132 Applicant Restaurant 6,000 sq ft 12.3/1000 100% 74 Coffee Shop 2,500 sq ft 7.8/1000 100% 19 Retail 2,360 sq ft 5.0/1000 100% 12 Total Proposed 105 City Analysis - Noon Restaurant Peak 6,000 sq ft 15.0/1000 100% 90 Coffee Shop 2,500 sq ft 5.0/1000 75% 9 Retail 2,360 sq ft 5.0/1000 50% 6 Total 105 City Analysis - Evening Restaurant Peak 6,000 sq ft 15.0/1000 100% 90 Coffee Shop 2,500 sq ft 5.0/1000 50% 6 Retail 2,360 sq ft 5.0/1000 75% 9 Total 105 *Assumed Design with community in mind page 217 `1 J June 28, 2016 Mendota Heights Planning Commission Page 8 of 9 Re: 2016-16 Mendota Plaza PUD - Parking Analysis Commercial Parking Standards - Summary from Selected Sources Retail Parking page 218 Cit Per 1000 Per Seat Other Apple Valley 6.7 Eagan 5.0 Eden Prairie 5.0 Edina 6.0 Golden Valley 4.0 Maple Grove 5.0 Mendota Heights 7.0 Minnetonka 4.5 St. Louis Park 4.0 Average Restaurant Parking 5.2 Cit Per 1000 Per Seat Other Apple Valle - restaurants I & III 0.40 plus 0.2 for outdoor seating Apple Valle - restaurants 11 0.33 plus 6 stacking for drive-thru Eagan - coffee shop 0.33 Eagan - restaurant 0.33 Eden Prairie - restaurant 1 0.40 Eden Prairie - restaurant 11 0.33 Eden Prairie - restaurant 111 0.50 Edina - restaurant 0.33 1 plus 1 /employee on major shift Golden Valle - restaurant 14.3 * estimate: 16.7/k dining + 40/k bar Maple Grove - restaurant 20.8 * estimate: 25/k dining/bar+ 12.5/k kitchen Mendota Heights - restaurant 0.33 plus 1 /employee on shift Minnetonka - restaurant 20.0 0.50 either by floor area or seats St. Louis Park - restaurant 16.7 West St. Paul 8.0 ITE Manual - high turnover w/bar- low 14.3 ITE Manual - high turnover w/bar- high 20.4 ITE Manualqualify restaurant - low 14.9 ITE Manualqualify restaurant - high 22.7 Average Design with community in mind I•• `1 J June 28, 2016 Mendota Heights Planning Commission Page 9 of 9 Re: 2016-16 Mendota Plaza PUD — Parking Analysis Coffee Shop Parking St. Louis Park - coffee shop5.0 Restaurant Parking Examples Restaurant City Sg Ft Parking Ratio DaVanni's Roseville 4,600 66 14.3 La Casita Roseville 8,500 95 11.2 Good Earth Roseville 5,000 84 16.8 Applebee's Roseville 6,200 121 19.5 Red Lobster Roseville 8,200 138 16.8 Baker's Square Roseville 6,500 88 13.5 Chili's Roseville 4,650 69 14.8 Chili's Plymouth 4,700 94 20.0 Chili's Maplewood 4,850 124 25.6 Chili's Bloomington 5,300 89 16.8 Chili's Eagan 5,250 144 27.4 Chili's Blaine 5,400 98 18.1 Average Design with community in mind 5,763 101 17.9 page 219 page 220 at��" ome The Right Home. The Right Neighborhood. City of Mendota Heights Parking Requirement Below is the current requirement for multi -family dwelling parking spaces, the request to change the requirement, the rationale for the requested change, and arguments in support of the change. REQUIREMENT The City of Mendota Heights requires multi -family dwellings to have two- and- one-half parking spaces per unit. REQUEST At Home Apartments, L.L.C., requests the City of Mendota Heights adjust or make an exception to the existing requirement. RATIONALE The requirement of two -and -one-half parking spaces per unit is excessive for the rental markets current needs and is outdated. SUPPORTIVE ARGUMENT In the 1970s and 1980s when the current parking requirement (2.5 parking stalls per unit) was implemented, the majority of newly constructed buildings consisted of 2 and 3 bedroom units. Today, the majority of newly constructed buildings consist of 1 bedroom units, thus decreasing the need for such an excessive parking requirement. Dakota County Household Statistics A Dalcota County Housing Study compared household types fi'om the years 2000 and 2010. The study revealed the rnuuber of married households with children decreased 16% and the number of single parent and unmarried households increased 22%. Moreover, the number of individuals who lived alone increased 16% and the number of people with non -related roommates decreased 10%. Statistics of Renters and Vehicles Mendota Heights has a population of just over 11,000, of which 12% are renters. According to www. city- data. com, 160 renter -occupied apartments in Mendota Heights have parking for 1 vehicle, 48 renter -occupied apartments in Mendota Heights have parking for no vehicles, and only 86 renter -occupied apartments in Mendota Heights have parking for 2 vehciles. Therefore, 66% of renter -occupied apartments only have parking for 1 vehicle or less. Please refer to for review of the above statistics. 616 Lincoln Avenue I Saint Paul I Minnesota 1 55102 page 221 a6home The Right Home. The Right Neighborhood. The proposed project has 149 units, 238 parking spaces, and a parking ratio of 1.6 parking stalls to units, which actually exceeds the majority of parking avialable at most renter -occupied apartment developments across the twin cities. Tandem Parking Tandem parking stalls are used to maximize underground garage parking. Tandem parking stalls are designed to go to members of the same household. Tandem parking stalls are typically rented at a slightly discounted price to offset any inconvenience of having the back parking stall accessible only through the front parking stall. Comparable Cities The City of St. Louis Park, which is comparable to the City of Mendota Heights, requires one parking space per bedroom. The City of Golden Valley, which is also comparable to the City of Mendota Heights, requires one parking space per bedroom. Examples ofNew Development Parking The Chase at Nine Mile Creels, which is currently under construction, was approved in the spring of 2015 in the city of Minnetonka with 106 units and 170 parking stalls, for a ratio of 1.6 parking stalls per unlit. CityVue Apartments is a 113 unit building in Eagan that was approved in 2014 at a parking ratio of 1.3 cars to uulits and completed in 2015. Currently, the building has 100 units leased and 132 registered cars. Therefore, the current parking ratio is 1.3 cars per unit. Boatworks Commons is an 85 unit building in White Bear Lake that was complete in 2015. Overall, the building has 120 parking stalls and a 1.4 ratio of parking stalls per unit. The building currently has 94 registered cars for a parking ratio of 1.10 cars per occupied unit. Parkway West is a 48 writ apartment building located in Minneapolis completed in February 2013. The building currently has 48 units occupied and 61 vehicles registered. Therefore, the building has a 1.27 ratio of cars per unit. West River Commons is a 53 unit building located in Minneapolis completed in 2004. The building currently has 53 units occupied and 73 registered vehicles. Therefore, the building has a 1.37 ratio of cars per unit. 616 Lincoln Avenue I Saint Paul I Minnesota 1 55102 page 222 Callape architects Mike Cashill At Home Apartments 05.010.2016 RE: Parking Usage and requirements We have found that parking demand has been declining considerably as a trend over the past 5- 10 years. In the last five years we have designed approximately 1,500 rental units in the communities of Minneapolis, St. Paul, Minnetonka, White Bear Lake, St. Louis Park, Eagan, Richfield, and Edina. In each of these communities we have been designing to parking ratios from 1 to just over 1.5 stalls per unit. To date there has not been an undersupply of parking, and in many cases there is still excess parking available. The ratio is a bit smaller where on - street parking is available. In the communities where there is not on -street for some overflow we have increased the parking ratio. Generally we are finding that the appropriate number of parking stalls reflects the number of bedrooms rather than units which is closer to 1.3 parking stalls per unit. We are very comfortable that parking provided at one stall per bedroom is the right amount of parking. The market trend is to provide considerably more one bedroom units than two bedroom units as the overall demographics are trending toward more people wanting to live alone in single bedroom units. Single bedroom units have less parking demand than larger units. There is also less demand for multi -car families as the cost of vehicles is driving overall car ownership down. New technologies and driving services are also contributing to the trend of lower car ownership. In our designs we want to maximize amenity and green space as tenants find that these features are critical in their choice of apartments. The better we can accurately predict parking demand allows us to build less asphalt and more green space and amenities. The last thing we want is unused parking stalls which increases impervious surface, and is a long-term liability with maintenance. We have also observed that when some of the parking is not allocated to a particular unit it helps meet the demand across the demands of the day, and accommodates overnight visitor parking as some guests will be away at the time other guests may be on site. Based on the overall market trends and the unit mix we are very comfortable with a parking ratio of 1.5 stalls per unit, and at this point we are above this ratio. Pete Keely, Collage Architects LLC page 223 Below is a list of recent projects that Big -D Construction has buiitwith the breakdown of the approved parking per unit they received. Prolect YnAs par€dne Larkir dUryit City River North 167 159 0.95 Anoka Park 24 25 25 1.00 5t. Paul Girard 42 46 1.10 Mtinneapalk 14QC 245 288 1.18 Minneapolis Elliot 118 198 1.48 5t. Louis Park Rowland 106 158 1.44 Minnetonka Helln 172 258 1.50 Golden Valley CORY A. SCWURERT VICE PRESIDOVT - UPERATl0NS &W-0 C0715L1JrfiU" P 612.332,9050 1 C 612.202.6450 E cory,sr-hubert@hig-d.corn page 224 (Paster Properties analysis) Mendota Commercial Expansion Parking Narrative The current commercial site plan provides for 10,860 square feet of total commercial space with a total parking count of 105 stalls. We are projecting the maximum amount of restaurant space to be 8,500 square feet and the remaining retail space to be 2,260 square feet, as outlined on the parking analysis document provided. This breakdown in areas represents a "worst case" scenario for the required parking and what was previously approved in the original PUD at an 11/1000 parking ratio for restaurants. We reviewed eight (8) existing restaurant concepts and had discussions with a number of local restaurant operators. Based upon the information we gathered we have come to the following conclusions. An acceptable parking formula for a full service sit down restaurant is, 1 seat per 36 square feet of gross floor area, with a stall count based upon, 1 parking stall per 3 seats, plus 1 stall per employee at peak hour. An acceptable parking formula for a coffee shop and quick serve restaurant is, 1 seat per 54 square feet of gross floor area leading to a parking stall count of 1 stall per 3 seats, plus 1 stall per employee at peak hour. The parking analysis assumes a worst case scenario. We feel this will allow for cross parking between the uses if required. These conclusions are further outlined in our parking analysis document which follows this document. Based on our retail development experience, discussions with local restaurant owners and operators, we believe our parking counts will provide for a successful development. Peak activity times may vary with uses. A coffee shop or quick serve retailer may have peak parking needs in the morning and through the lunch hour. Restaurant peak times are typically at the lunch hour and in the dinner hours. Lo N N N co Q t `w CL N N E pw V m v d a\ 'o L, L ti N N m m Ln O O to C C Y Y f6 f6 a a m m + 0 0 0 H N O 7 Ln l0 W N N I� O F H � W � ro M N V O F c f6 N d H a w v � m m m 3 3 � L O. c -i of m a Ln a v ) vLn �n v Ql LL L Y 3 d 7 t0 6 O' O In y v i 0 •5 F Y N N O) a 3 M N N z z F M y U U O O F CQ C m X LU H � W � ro M N V O F c f6 N d a +• v d LL � L O. c -i of m a Ln a v ) vLn �n v y LL L to � f6 d 7 J a v v � LL LL to m 00 i ro M M to i M 3 M 3 M N N 10 n O F H � W � ro M N V O F c f6 N Providing Exceptional Experiences in Nature through Environmental Education June 16, 2016 Nolan Wall, AICP City of Mendota Heights 101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Wall, I am responding to your request for feedback on the proposed Pastor Enterprises Development planned in Mendota Heights near Dodge Nature Center's Lilly property. Thank you for the opportunity to provide input early into the planning process. We welcome the growth this proposed development offers for the city and see it as an opportunity for us to reach new neighbors and further Dodge's mission to provide exceptional experiences in nature through environmental education. Our Lilly property is approximately 182 acres with hiking trails through native prairie, wooded and wetland areas. It is located adjacent to the planned development, with an easement separating the properties. Roughly 56,000 members of the community visit our properties each year because they provide a rich experience of nature in an urban setting. We look forward to working with the city and developer to explore opportunities to keep trees and other vegetation between our properties to help us preserve that nature experience for future visitors. With a large portion of our immediately adjacent land being wetlands, we also ask for robust planning around erosion and run off mitigation during construction and going forward. As the city is aware, this has been an issue with other neighbors of our Lilly property. Another concern with the preliminary plans is the apparent lack of an emergency vehicle access/fire lane in on the east side of the development. We expect there are city fire codes or requirements for residential buildings of this height. Additionally, with the potential for increased foot traffic, we are receptive to the developer's ideas to create a designated entry point into our Lilly property. That would allow us to welcome our visitors and help avoid damage from multiple footpaths onto the property. We could provide way finding and educational information at this location, as well as clearly notify visitors of our policies (e.g., no dogs, bikes, smoking, or alcohol). We value the relationship we have with Mendota Heights and look forward to working closely with you on this project in the future. Please reach out to me with any questions. Thomas Irvine Dodge Nature Center 365 Marie Avenue West, West Saint Paul, MN 55118 P 651.455.4531 F 651.455.2575 www.DodgeNatureCenter.org EXECUTIVE DIRECTOR PRESIDENT Kim Austrian Litton E.S_ field Jr. Alan R. Johnston Sur, Powell - Nicole Winter 1 00 Jason sanders [till Owens Sara Becksttend Pete Fleming hnniler Kellog'] Mike Ilobole Vey I itconib FOUNDER BOARD OF DIRECTORS Amy Bloornquist Peter Carretsun Allan Klein Ann Schwichtenberg Ann Winsor Olivia Irvine Dodge Dave Adams Chad Dayton lbm Hobert James IvlcCarty Michael Slade 1918-2009 Kari Anderson Thomas I. Dodge Jason Howard Peggy Novak. Shehla hauscher 5 page 227 Planning Case 2016-16 City of 720 Highway 110 (b Mendota 0 180 SCALE IN FEET , 7 HWY 110 I � AW ME an 750' 0 GIS Map Disclaimer: This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat, eurvey, orfor zoning verification. The City of Mendota Heights assumes no legal responsibility for the information contained in this data. The City of Mendota Heighte, or any other entity from which data was obtained, assumes noliability for any errors or omissions herein. If discrepancies are found, please contact the City of MendotaHeights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. oHhX X,9vNvw 1 � b1L55 NW ". '1S M NN NOV 3f1N3nV /.LISi13AINf1 GZZZ � JSSIQUQ��aa�n71'(I lu I yp'Oerie wnylwrii SN06N3N a Qoe_ �I Hsi w @gg W ffi'ue�e 9 eD/6� 4 Ntlld ii315tlW 4B4SOOL v1053MlIX 'SlW13H OON3X � NoisNtldx� o zM tlZtl�d tl100N3W i- i I ®111111111111111111 7�G0'�C�C�9999�99.99 page 229 Mendota Plaza Development Mendota Mall Associates and Paster Properties along with At Home Apartments are pleased to submit this application for a revision to the previously approved development plans for the Mendota Plaza Expansion. The area of the proposed project is on the northeast side of the wetland swale currently platted as Outlots B, C, and D along with lots 3, 4, and 5, Mendota Plaza Expansion. This is currently a triangular shaped vacant area bounded by the wetland swale on the southwest, Highway 110 on the north and the Nature Center on the east. With the change in the overall real estate market along with some additional site opportunities we are proposing a modification to the previously approved development plans. The previously approved development plans included 3 new buildings. In the northwest corner of the site there was a 7,600 square foot restaurant building. In the northeast area of the site there was a 12,000 square foot retail building with a drive-thru on the north end and in the southeast area of the site there was a 10,800 square foot office building. All parking spaces for the three buildings, 190 spaces, were on grade. Access to the site would be from a newly created drive extending from Mendota Plaza on the south to the east property line and then north to a right in right out access to Highway 110. The revised project we are proposing consists of 149 units of market rate residential housing and a commercial area consisting of two buildings totaling approximately 10,860 square feet of retail and restaurant uses. Together we have developed a plan that we feel will create a sense of "place" within Mendota Plaza and the City of Mendota Heights. Our goal is to create a cohesive design that would integrate the existing center with additional retail and restaurants through pedestrian, bicycle, and place making amenities. The integration of the pedestrian and bicycle access extends beyond this project and has become a shared effort between the county, city, At Home Apartments and Paster Properties in the work that has been done on the extension of the proposed bike trail and the Highway 110 crossing. This newly designed trail would allow a bicycle and pedestrian connection between our proposed development along with Mendota Plaza on the south side of 110 and The Village of Mendota on the north side. It would be an invaluable asset for the development and the area as a whole. We were thrilled to hear about the timing of this project and the location of the trail connection as proposed to travel under 110. We are proposing a trail connection to the project as shown on the Northeast portion of the new site plan. This would be a tremendous asset to the project and would further enhance the walkability and bike ability of the site and the area. This trail access point may also serve as an emergency vehicle access point to this portion of the trail. page 230 Project Design: The overall concept of the revised development is a more cohesive and connected project serving the new residents, commercial spaces and the existing visitors to Mendota Plaza with the additional bicycle riders coming from the adjacent trail. The new plan utilizes a central drive and pedestrian corridor as a connection spine through the project from Mendota Plaza on the southwest to Highway 110 on the north. The Highway 110 access point is in the same location as was planned in the previously approved project. We are also maintaining the proposed Plaza Bridge crossing over the wetland/drainage swale that connects the existing Mendota Plaza with the revised development area. This plaza was a key part of the previous project and is maintained as a gathering place in the new design. In addition to the Plaza Bridge we have added an additional open space between the residential building and the drive. This public square would serve as an additional gathering space for visitors and residents alike. The two plazas as well as the bicycle trail are connected by pedestrian sidewalks that extend on each side to the restaurant/retail buildings on the northwest and the residential building on the southeast. These spaces would be further tied together with the proposed landscaping, lighting and site amenities that would extend throughout the project. The connectivity of the overall development would go beyond the site planning and extend into the building design, materials and detailing. Market Rate Housing Project: The proposed housing is 149 units of upper scale market -rate housing consisting of 99 one -bedroom units and 50 two-bedroom units. The minimum square feet provided for the one -bedroom units are 618 square feet and a maximum of 801 square feet. The minimum square feet provided for the two- bedroom units are 1,013 square feet and a maximum of 1,350 square feet. The Housing Project would attract a wide range of residents from all aspects of the community that want to choose renting as a lifestyle choice. The "rent by choice" dynamic has been a transition in the apartment market over the last decade. Part of this phenomenon which draws residents towards renting as a lifestyle is the opportunity to provide renters with plenty of amenities and quality finishes with a lower level of maintenance. Additionally, new housing projects such as the one we are proposing allow current home owners (i.e. baby boomers, empty -nesters, etc.) to downsize into smaller homes without sacrificing amenity comforts or high-end features. This also is an aide in the turnover of housing stock and works to keep long-term residents in the community while creating new housing opportunities for new residents and families. page 231 The building would have a dramatic lobby with a two-story volume leading from the entry toward the community room and pool deck. The lobby would contain both lounge and office spaces. Office staff will be available and located on the first floor of the facilities to handle all resident needs such as deliveries. The building design creates a courtyard facing east toward the Dodge Nature Center. The outdoor courtyard would be developed as an outdoor living area with a pool deck, hot tub, gazebo and grilling areas. This outdoor amenity would be directly connected to the community room and a fitness facility. In whole, this would create a large community space appealing to the range of residents. Additionally, there would be a roof top deck and adjoining community room. The deck would have great southern exposure offering residents a second community space as well as outdoor views. The design of the project was purposeful in order to take advantage of the trails and open green space. Additionally, the garage level was designed to complement the outdoor centric amenities so that it includes bike storage areas, a bike hub featuring bike repair tools, and a dog -washing station. The project would be sited to maximize nature center views and the best light exposure. It also is designed to create a courtyard on the interior side, and a welcoming entry side. The entry side has been designed in conjunction with a communal green space and courtyard to provide a "village" feel to the entry. The project was meant to appear as a collection of buildings that wrap the front green space. The lobby area and individual decks would overlook the communal green space, again adding to the "village" feel of the overall site. One level of parking is accessed from the north; the other level is accessed from the south side. Building entrances and access points are located such that the residents would have access to the new sidewalks and the new trail giving them great pedestrian access to the commercial center on both sides of 110. The proximity of the housing to commercial amenities would be a great advantage to living in this location. The site slopes dramatically rising over twenty feet from the southwest to the east. The building is tucked into the rise of the hill to the east and effectively acts as a retaining wall. The building would be generally four stories over two levels of underground parking, but because of the slope differentiating parts of the underground parking are exposed, from none of the parking exposed on the east side, to two stories of exposed parking on the south side. The north portion of the building steps down to the west to create a transition to the commercial areas. The apartment height is approximately 45' in this location transitioning to the commercial building that is approximately 25'. The commercial and residential buildings are pulled into alignment at the front drive to create the sense of entering a village area. The building is designed with large areas windows and glass and large areas of stone and brick as well as lap siding. page 232 The building interior will be designed to highlight the abundant amenity areas including the two-story lobby, community room and roof deck. The interior will be a mix of classic and contemporary in styling and color with an open modern layout. Each unit is also designed to meet the new needs of the current apartment market including larger kitchens, in -unit laundry, balconies, walk-in closets and new styling of cabinetry and fixtures, as well as high-speed internet. Unit and building finishes will have the level of finishes expected by the rent -by choice apartment market including wood cabinets, granite counters, and wood -styled flooring and stainless steel appliances. The Housing Project would have 238 parking stalls in two levels of underground parking and on site. Of the 238, 217 of the stalls would be below grade located within the underground parking. A total parking count of 238 would result in an overall parking ratio of 1.6 stalls per unit. Based on our experience of managing multifamily projects over the last 20 years and taking into consideration our recent new development projects throughout the Metro, a parking ratio of 1.6 per unit would be more than adequate for a development of this size. Increasing the amount of parking to meet current City requirements results in underutilized land, creates a potential eye sore of unused parking, and detracts from the overall goal of maintain a green and environmentally conscious site. Commercial Development: As mentioned above, the commercial aspect of the proposed development would be comprised of two individual commercial buildings. The west building is intended for a restaurant space, plus one or two additional tenants. The restaurant is sited to have a south -facing outdoor patio with an overhead trellis. The East Building could accommodate several tenants and does have a drive-thru. The buildings are designed to complement the residential project to create a village feel. The buildings would also be comparable to the existing center on both sides of 110 and would use some of the brick from each project, as well as overhead canopies and details to visually connect the projects. The buildings have different parapet heights and are approximately 25' in height. page 233 Project Areas: Below are a comparison charts of the project previously approved in 2008 and the revised project proposal being submitted. This comparison consist of lots 3, 4, and 5 of the previous project only as these are the areas of the previous project that are being changed. SECOND ADDITION LOT 1 BLK 1 1.68 RESTAURANT 8,500 93 (73,256 SF) 11{1,000 ** RETAIL 2,260 12 5/1,000 105 10,860 10/1,000 LOT 1 BLK 2 2.20 HOUSING 174,000 373 237 (96,043 SF) (149 UNITS) 2.5/UNIT 1.6/UNIT OUTLOT A 0.31 STORMWATER (13,556 SF) OUTLOT B 0.76 ACCESS (32,945 SF) OULOT C 0.01 (269 SF) *FOUR SPACES PLUS 1 SPACE FOR EACH 500 SF IN EXCESS OF 1000 SF ** 6,000 SF (SIT-DOWN) 1 SEAT/36 SF AT 1 STALL/ 3 SEATS, 18 EMPLOYEES AT 1 STALL/ EMPLOYEE = 74 (12/1,000) 2,500 SF. (QUICK SERVE) 1 SEAT/54 SF AT 1 STALL/ 3 SEATS, 4 EMPLOYEES AT 1 STALL/ EMPLOYEE = 19 (8/1,000) page 234 ** Lots 3,4 and 5 are currently renamed as Lots 1 and 2 on the proposed development chart 21509 Approved Development PARCEL PARCEL PARCEL BUILDING I PARKING PARKING DESCRIP71ON ARE USE AREA REOUIRW PROVIDED '' Lots 3, 4 and 5 are currently renamed as Lots 1 and 2 on the proposed development chart One of the changes proposed in the revised development is the addition of underground parking. The previous plan had approximately 190 on grade parking spaces. This revised plan has a total of 342 parking spaces with 217 of the spaces below grade under the proposed residential building. The remaining 125 parking spaces will serve the retail/restaurant area and visitors to the residential building. This is a reduction of on grade parking of nearly 35 stalls. Our greenspace area for the retail/restaurant parcels total 34% of the combined parcel areas of Lot 1 and Outlot A. Outlot A serves as the storm water detention area for Lot 1 and is legally separated for maintenance purposes. They function and appear as one parcel. Project Phasing: The proposed project would be constructed in two phases. Phase One would consist of the central drive including the Bridge Plaza, Central Plaza, and central sidewalks, adjacent landscaping and lighting. At the same time as this work is being done the proposed preliminary grading would be done for the area on the northwest side of the central drive. This would run just ahead of and nearly concurrently with the construction of the residential building on the southeast side of the central drive and all of the proposed site features that go with it. Phase Two would consist of the restaurant and retail buildings on the northwest side of the central drive including the final grading site finish work and building construction. It is anticipated that Phase One will start as soon as possible after all of the entitlement approvals and permits have been issued. It is anticipated that the construction of Phase One would take approximately 18 months. Phase Two of the project would be started as soon as the future tenants are committed to leases for the buildings. The construction period for each building individually is expected to be 8-12 months from start to open. It is our hope that the two buildings would be constructed concurrently but it may not happen this way. 4` �TALLti 45 TALL`, RESTAURANT 3,6GO SF 12.C�f1 1, `:t" 4F LOT 3 1.4 AC RESTAURANT 4,000 SF 48 STALL" 41> 'STALL`, 4.'')T 4 1,£L AC RETAIL, 12,0 �F 84T�LL_ti; i4 `TALL'= 5'.3 1 AC 11LOT CFF10E 1C+.lr cF I := TILLS 4 7 STALLS CSI' ^/� tr "�F '' Lots 3, 4 and 5 are currently renamed as Lots 1 and 2 on the proposed development chart One of the changes proposed in the revised development is the addition of underground parking. The previous plan had approximately 190 on grade parking spaces. This revised plan has a total of 342 parking spaces with 217 of the spaces below grade under the proposed residential building. The remaining 125 parking spaces will serve the retail/restaurant area and visitors to the residential building. This is a reduction of on grade parking of nearly 35 stalls. Our greenspace area for the retail/restaurant parcels total 34% of the combined parcel areas of Lot 1 and Outlot A. Outlot A serves as the storm water detention area for Lot 1 and is legally separated for maintenance purposes. They function and appear as one parcel. Project Phasing: The proposed project would be constructed in two phases. Phase One would consist of the central drive including the Bridge Plaza, Central Plaza, and central sidewalks, adjacent landscaping and lighting. At the same time as this work is being done the proposed preliminary grading would be done for the area on the northwest side of the central drive. This would run just ahead of and nearly concurrently with the construction of the residential building on the southeast side of the central drive and all of the proposed site features that go with it. Phase Two would consist of the restaurant and retail buildings on the northwest side of the central drive including the final grading site finish work and building construction. It is anticipated that Phase One will start as soon as possible after all of the entitlement approvals and permits have been issued. It is anticipated that the construction of Phase One would take approximately 18 months. Phase Two of the project would be started as soon as the future tenants are committed to leases for the buildings. The construction period for each building individually is expected to be 8-12 months from start to open. It is our hope that the two buildings would be constructed concurrently but it may not happen this way. page 235 Wetlands: A new wetland delineation study was completed as a part of this project. The results of the new delineation were nearly the same as those done for the previously approved 2008 submittal. Under the previous project a total of 0.063 acres of wetland was approved to be filled for the construction of the stream crossing. Paster purchased 0.142 acres of wetland banking credits as mitigation for this fill (2.25:1 ratio). The new wetland delineation varies slightly from the previous delineation and the resulting fill is now 0.058. Our wetland consultant advises that for this amount of fill the current "404 processes would be a General Permit rather than a Letter of Permission (LOP). This would result in a much shorter review process — approximately +/— 2 months) and no Least Environmentally Damaging Practicable Alternative (LEDPA) determination is required. They must also make the determination that there will be no harm to Northern Long Eared bat. The replacement ratio is now 2:1. We are verifying that the previously purchased replacement credit would count toward the wetland replacement obligation for the current project." We are proposing to construct the Bridge Plaza and adjacent retaining walls in the same locations and in a manner that is nearly the same as the previously approved plans. Wetland credits that were purchased at the time of the previous submittal are proposed to be utilized at this time in the same way they were being utilized before. Traffic: The proposed changes in use and building areas in the new project would have a minor effect on the traffic generated by the proposal in comparison to the previously approved plan and traffic study. The revised development is expected to create a minor reduction in the traffic counts. A reduction of 310 fewer trips per typical weekday is expected when compared to the previous projections for the 2008 development. This also results in approximately 20 fewer trips during the a.m. peak hour and approximately 20 fewer trips in the p.m. peak hour. Signage: We are proposing two freestanding signs for the new development area. One monument style sign would be located on the northern portion of the residential lot facing the access to Highway 110. This sign would identify the residential building. The other freestanding Area Sign would be located on the north side of the restaurant/retail parcel, adjacent to Highway 110, identifying the restaurant and retail businesses located in the development. Wall signage would also be allowed per the existing Mendota Plaza Design Standards. page 236 Closing: Our team has been working for some time on the revised development plans for this site. We have worked hard to create a project that would serve the local Mendota Heights community as well as the many people who will be driving and now biking to through this area. We have tried to create a project that gathers people in all different ways. Bike riders may gather at the plaza for a ride on the trail system. Families from the apartments and the Mendota Heights community can get together to dine on the outdoor patio and multiple generations can gather at the pool in the apartment area. A project that allows people to live, dine, shop, and enjoy the outdoors and for some without having to drive. page 237 1101 Victoria Curve I Mendota Heights, MN 55118 651,452.18501)hone I 651,452.8940 fax ® vn+rw.mendota-heights.carn CITY OF MENDDTA HEIGHTS PLANNING APPLICATION Office Use Only,- Case nly:Case #: ?,v G Fee Paid: s 0 fa 4 a s ops w Application Date: /2 rz t.6 Staff Initials:._ ' Applicable Ordinance #:. 2 - (iG 6 Section: Existing Zoning: /L► k — /9" n Proposed Zoning: s d, r+.,.• Existing Use: ltl i ., L,&se- Proposed Use: Property Address/Street Location: 720 Highway 110 (Southeast corner of 110/Dodd Road( Applicant Name: Mike SturdivantPhone: 651-265-7871 Applicant E -Mail Address: msturdivant@pasterprop.com Applicant Mailing Address. 2227 University Avenue Saint Paul, MN 55114 Property Owner Name: Mendota Mall Associates - outlots, LLC Phone: 651-265-7865 Property Owner Mailing Address: 2227 University Avenue Saint Paul, MN 55114 Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided) Parcel 1: Lots 3, 4 and 5, Block 1 and Outlots B, C and D, Mendota Plaza Expandsion, according to the recorded plat thereof. TopelherssM lhv bvnefils oleas<meMa caMined in �eNaratfonvf Ease Vis, Covenanls,C ndAiau and Resldcdonsda(ed Oeurtdut 18,2009, V,4 Md h22.2010,as My N111.27 -,a1 amveded by FirslAmaMorMlo Declamtionof Easem<Ms, Cvvannnls, CetM-Alonsa Type of Request: ❑ Rezoning O Conditional Use Permit ❑ Interim Use Permit ❑ Variance 0 Wetlands Permit 0 Preliminary/Final Plat Approval ❑ Lot Split ❑ Critical Area Permit ❑ Comprehensive Plan Amendment ❑ Code Amendment ❑ Appeal ❑ Other I hereby declare that all statements made in this request aDd n the additional material are true. I further authorize City Officials and agents td�inspec h ab v property during daylight hours. JJ Signature of Aallic Date t Signature of Owner Date Signature of Owner (if more than one) Date Planning Application (modified 1213/2095) Page 1 of 1 CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT APPLICATION Applications will be scheduled for consideration by the Office Use Only= Planning Commission and/or City Council only after all required materials have been submitted. Application Case #: ? I( - C ! submittal deadlines are available on the City's website Applican -7 1.0 H-wy Ito or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. AddressG t 1-6 t --u r -i -.-r-� APPLICATION REQUIREMENTS: Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete: ld Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE. Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. Cd Completed Application Form(s). dLetter of Intent. Ed Development Schedule, indicating: • Approximate start date of construction of the project. • Proposed project staging and anticipated construction timelines. • Anticipated rate of development. • Area and location of common open space provided of each stage. Copies of proposed agreements, provisions or covenants which will govern use, maintenance and continued protection of the PUD and any of its common open spaces, for information purposes only. Id Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Site Development Plan: Location of all buildings, including existing and proposed. Location of all adjacent buildings located within 350' of the exterior boundaries of the property in question. /Floor area ratio. L'1 Location and number of existing and proposed parking spaces. Conditional Use Permit for Planned Unit Development Application (modified 41512016) Page 1 of 2 page 239 Vehicular circulation. In Architectural elevations (type and materials used on all external surfaces). Ud Sewer and water alignment, existing and proposed. Ef Location and candle power of all luminaries. iLocation of all existing easements. Dimension Plan: Lot dimensions and area. C/ Dimensions of proposed and existing structures. © "Typical" floor plan and "typical' room plan. � Setbacks on all structures existing or proposed -on -property in question. - -- - CV, Proposed setbacks. Grading Plan: Ud Existing contour. d Proposed grading elevations. Drainage configuration. Storm sewer catch basins and invert elevations. U/ Spot elevations. d Proposed road profile. Landscape Plan: Ld Location of all existing trees, type, diameter and which trees will be removed. Location, type and diameter of all proposed plantings. Location and material used of all screening devices. NOTES: Conditional Use Permit for Planned Unit Development Application (modified 4/5/2016) Page 2 of 2 page 240 1101 Victoria Curve I Mendota Heights, Mtn 55118 651452.1850 phone 1 651,452.8940 fax „_ wwil.inendota-heidh[s.com .' CITY OF MENDDTA HEIGHTS WETLANDS PERMIT APPLICATION Applications will be scheduled for consideration by the Office Use Only.- Planning nly.Planning Commission and/or City Council only after all required materials have been submitted. Application Case # 1— submittal deadlines are available on the City's website Applicant: n` 0wr or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: -7 lib lfw It d APPLICATION REQUIREMENTS: • Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete: Ld Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. Ld Completed Application Form(s). Letter of Intent, including full and adequate description of all phases of the operation and/or proposed physical changes. C Required Plans. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Required Plans: Ld Soil survey map of the area. Ef Topographic map of the area.. Contour intervals shall be drawn at two (2) foot intervals. Ld Detailed site plan of the proposal showing proposed drainage, grading, and landscaping. Z Site design map showing the location of existing and future man-made features. d Information on existing drainage and vegetation of all land within the site. Time period for completion of development, including timing for staging of development if applicable. Design specifications for all sediment and erosion control measures. Wetlands Permit Application (modified 41512016) Page 1 of 1 page 241 1101 Victoria Curve I Mendota Heights, MN 55113 651.452.1850 phone I 651.452.8940 fax � vnvw.mendota-heights.cum M1*CITY OF MENDOTA HEIGHTS PRELIMINARY PLAT APPLICATION Applications will be scheduled for consideration by the Office Use Only: Planning Commission and/or City Council only after all required materials have been submitted. Application Case submittal deadlines are available on the City's website Applicant: (9g, c �•-o�,or�, or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: "7 2-.o J+ -w`1 `[ a APPLICATION REQUIREMENTS: ® Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete: id Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. Completed Application Form(s). Letter. of Intent. d Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions. ld Location of boundary lines in relation to a known section, quarter section of quarter -quarter section lines comprising a legal description of the property. C� Names and addresses of the developer and the designer making the plat. Scale of plat, not less than one (1) inch to one hundred (100) feet (1" = 100'). Y Date and north -point. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Existing Conditions: Z Boundary Line of proposed subdivision, clearly indicated and to a close degree of accuracy. Z'Existing zoning classifications for land within and abutting the subdivision. Ld General statement on the approximate acreage and dimensions of the lots. C Location, right-of-way width, and names of existing or platted streets, or other public ways, parks, and other public lands, permanent buildings and structures, easements and section and corporate lines within the plan and to a distance on hundred fifty (150) feet beyond. Preliminary Plat Application (modified 4/5/2016) Page 1 of 3 page 242 Boundary lines of adjoining unsubdivided or subdivided land, within one hundred fifty (150) feet, identified by name and ownership, including all contiguous land owned or controlled by / the subdivider. L� Topographic data, including contours at vertical intervals of not more than two (2) feet. Existing slopes over thirty three percent (33%) in grade, watercourses, marshes, rock outcrops, power transmission lines, and other significant features shall also be shown. C�1 An accurate soil survey of the subdivision prepared by a qualified person. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type and size. Proposed Design Features: d Layout of proposed streets showing the right-of-way widths, centerline gradients, typical cross sections, and proposed names of streets. The name of any street heretofore used in the county or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. Street names shall conform to the master street name and numbering system as adopted. [d Locations and widths of proposed alleys and pedestrian ways. Layout, numbers and preliminary dimensions of lots and blocks. Id Minimum front and side street building setback lines. 2r When lots are located on a curve, the width of the lot at the building setback line. i� Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres. Ud Size of individual lot areas noted in square footage. Other information: LTJ Statement of the proposed use of lots stating types of residential buildings with number or proposed dwelling units and type of business or industry, so as to reveal the effect of the development on traffic, fire hazards, and congestion of population. d Provision for surface water disposal, drainage, and flood control. [:� if any zoning changes are contemplated, the proposed zoning plan for the areas. [Uf Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Planning Commission shall require that the subdivider submit a sketch plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and the future subdivision. In any adjacent subdivisions. Where structures are to be placed on large lots (over 30,000 square feet), the preliminary plat shall indicate placement of structures so that lots may be further subdivided. C� Potential re -subdivision and use of excessively deep (over 200 feet) lots shall be shown and the preliminary plat shall indicate placement of structures so that lots may be further subdivided. Preliminary Plat Application (modified 4/5/2096) Page 2 of 3 page 243 C/ Plan for soil erosion and sediment control both during construction and after development. The plan shall include gradients of waterways, design of velocity and erosion control, measures, and landscaping of the erosion and sediment control system. ,/measures, vegetation preservation and protection plan that shows those trees proposed to be removed, those to remain, the types and locations of trees and other vegetation that are to / be planted. LI Such other information as may be requested by the Engineer, Surveyor, or Planning Commission. Preliminary Plat Application (modified 4/5/2016) Page 3 of 3 page 244 1101 Victoria Curve I Mendota Heights, VIN 55112 651.452.1850 Rhone 1 651.452.89,10 fax twtv�a.mendata•heights.cnrn �M J CITY OF MENDOTA HEIGHTS FINAL PLAT APPLICATION Applications will be scheduled for consideration by the Office Use Only: Planning Commission and/or City Council only after all required materials have been submitted. Application Case #: 16 14 submittal deadlines are available on the City's website Applicant: pa s F,z or by contacting the City Planner. Late or incomplete applications will not be put on the agenda. Address: ? 20 J�- It o APPLICATION REQUIREMENTS: • Electronic and hard copies of all the required materials must be submitted according to the current application submittal schedule. • Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans. The following materials must be submitted for the application to be considered complete: Fee, as included in current Fee Schedule (check payable to City of Mendota Heights). NOTE. Planning Application fees do not cover building permit fees, utilities, or other fees which may be required to complete the project. C/ Completed Application Form(s). © Letter of Intent. d Final Plat. APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL Final Plat: The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of Minnesota statutes and Dakota County regulations, and such final plat shall contain the following information: dName of the subdivision, which shall not duplicate or too closely approximate the name of 0 9 any existing subdivision. Location by section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The mathematical closure tolerance of the plat boundary, blocks, lots, and outlots shall not exceed two -hundredths (2/100)- of a foot. The location of monuments and a description thereof. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. Permanent markers shall be placed at each corner of every block or portion of a block, points of curvature and points of tangency on street lines, and at each angle point on the boundary of the subdivision. A permanent marker shall be deemed to be a steel rod or pipe, one-half inch (1/2) or larger in diameter. The license number of the land surveyor that certifies the plat shall be affixed to all set plat monuments. In situations where conditions prohibit the placing of markers in the locations prescribed above, offset markers will be permitted. The exact Final Plat Application (modified 4/5/2096) Page 9 of2 page 245 location of all markers shall be shown on the final plat, together with accurate interior angles, bearings and distances. Ld Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points of curve to lot lines. t4 Lots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. Cd The exact locations, widths, and names of all streets to be dedicated. td Location and width of all easements to be dedicated. L� Scale of plat (the scale to be shown graphically and in feet per inch) and north point. LY1 Drainage and utility easements. If Streets, alleys and other public areas not previously dedicated. Ef Include a map showing the location of the property being platted with sufficient information to locate the property within a section. Orient the vicinity map to match the north orientation of 1 the plat. LSI Additional Plats: All subdividers shall submit two (2) reproducible copies of the final plat showing clearly lot configuration, actual dimensions and exact lot size in square footage, as -/ certified by a registered land surveyor. Ll Notarized certification by owner and by any mortgage holder of record of the adoption of the plat and the dedication of drainage and utility easements, streets and other public areas for public use. Notarized certification by a registered land surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown therein exist as located and that all dimensional and geodetic details are correct. Certification showing that all taxes and special assessments due on the property have been paid in full. Space for certificates of approval and review to be filled in by the signatures of the mayor and city clerk. The form of approval of the city council is as follows: Approved by the City of Mendota Heights, Minnesota this day of 20 Signed: Mayor Attest.- City ttest.City Clerk Final Plat Application (modified 4/5/2096) Page 2 of 2 i gook°, 3 Q <a 4 N o d Q w m a z Z ~ /1 r) — a J a .. c LU ~ON FE`3i I-- a a z m w 0 z LL :Dz 0 = w 0 Q N Of zo a z w zLLJ W a G J1 §� 0 : e=5 Q e D CL i gook°, 3 4 Ye .. c A $.E 5 FE`3i YEF G p c a J1 §� 3 : e=5 Q e ap W -j z Ln 5� �< 7 Q cl -� 0 ED a o poo <° Ln Q yo, UOm $a`a"m'ny HA IN :l `_ - �§ /§ �) «/ �( �Ln Y4 �]\ _ ch )( / /[{ G @ oj U . ^-zw P: E [ ${2 ® _ \ \ \} w §ms� \\ \k { � ! } ) \ } - \ )\ ! � ! . . . ! \ ® `} ° \! \ ! ! - } �\ ° ! . .. )( , � ! : ` \ ! , ! � } \ . ( ! ! ! ! ! ! ! ! af -_ . - ! � ! � � @ fo)\ § u /�gR �u> : \ \ C E &I -MIM a gas o Z � Y`t TT e p Q n IY o- b m Q o w o €poG� zl _ 9a W w ? 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I!� !. 1 ■r - ry=d Jig e " ■. ism vow ONES I r w. a :moi, 1AV01,. 1 �mw MOI. Sb m"! =!E ON i. ter! --I SO -+■� i � li!�! I!� !. 1 ■r :moi, 1AV01,. 1 �mw MOI. Sb m"! =!E ON i. ter! --I SO i co CL U) U N L U L - CO 0 V ��1 Sol ■� rarA as rs ... NINE �■ �■ >, ■i r_ ■= am am am am IM 1�1.. I�u � �; 1■.9: til 1i1� 1 4� 1 ■■ wi. 1.■�:, -1 i� IIC 1 1�=' moi= r71�i5 FFl1= 1� �I® l�fllff�-'r'' I!'=� 1111 i, r' ■rrl frrlrrrl ■ r. NEW Emil wwa ' NMI ■S NMIIla Pool 6 —0Ill I. mom l,;.„mm I.- POW AR; b, -- map wr Uhlb, QZ FFrod co 0 = rn N IT, Ld2 W W0� Cm 7 CU1 G U) U N L U L. CO 0 V page 287 Mr. Nolan Wall City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Mendota Heights Design Process 2. Subsequent Additions And Other Structures: Subsequent additions and other buildings or structures constructed after the erection of the original building or structure shall be constructed of materials comparable in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. The design of the second phase of the development is intended to be a blend of the original project to the south, and 'The Village' to the north. The existing buildings in the development are predominately brick and masonry with accents of EIFS and metal. The masonry is two different colors with an upper and lower level, and some accents. The buildings have metal canopies and cornices, and a strong masonry base. They are also designed to articulate columns or piers on the buildings breaking up the wall of the building into parts and creating a rhythm along the facade. 'The Village' also uses predominately brick, and has two colors of brick with a lower level banding of the brick and an upper level. These buildings also have a strong masonry base with metal canopies and a metal cornice. Although these buildings do have a pitched roof, page 288 the edge of the building is capped as a parapet with the roof rising beyond. The residential buildings are also made of masonry but have a high percentage of cement board siding. The design of the new project uses both of these prior developments for design clues. The proposed materials are predominatly brick and masonry at the commercial buildings, with two tones of brick colors, and upper band, and a lower base of masonry that simulates the existing designs. There are also metal canopies, and articualted piers and columns. The brick colors will closely simulate the tones of the brick on the village, and the colors of the canopies and storefront will be dark bronze as in both developments. There are also some highlighted panels for signage that will be in similar tones as the exisitng buidlings. The residential buildings have a large percentage of brick and stone picking up on the two part masonry schemes of the other developments. The apartments also include areas of cement board siding and metal detailing. The base of the building includes masonry piers picking up on the detailing at the commercial building. The brick of the apartments will be comparable to the brick of the exisitng developments. The windows are also a dark bronze reflecting the window color at the exisitng development, the Village and the new commercial. Overall the proposed development using similar massing, materials, application of the materials and colors to maintain consistency of quality and aesthetic appearance. Sincerely, COLLAGE ARCHITECTS LLC �a Y i Pete Keely, A.I.A. page 289 Spack TRAFFIC STUDY COMPANY Technical Memorandum To: John Kohler, Paster Properties From: Max Moreland, PE Date: April 11, 2016 Re: Trip Generation Comparison for Mendota Plaza The Mendota Plaza is a mixed-use development on the southeast corner of the State Trunk Highway 110/Dodd Road intersection in Mendota Heights, Minnesota. A traffic study for an expansion to the Mendota Plaza was completed by RLK Incorporated in 2008. Since that study was completed, only a portion of the proposed expansion has been built. Changes to a portion of the Mendota Plaza expansion plan have recently been made that replace some of the retail and restaurant buildings from the original expansion plan with an apartment building. This memorandum documents the changes in trip generation between the previous and current Mendota Plaza expansion plans. Conclusions/Recommendations The changes in land uses for the Mendota Plaza, those previously studied in 2008 compared to those now proposed, are forecast to generate: • 310 fewer trips per typical weekday • Approximately 20 fewer trips during the a.m. peak hour • Approximately 20 more trips during the p.m. peak hour These changes are not expected to significantly impact the results of the previous traffic analyses nor trigger the need for any additional infrastructure improvements beyond what was recommended in the 2008 Mendota Plaza Expansion Traffic Impact Study completed by RLK Incorporated. Spack Consulting 2 of 4 Mendota Plaza Trip Gene a n mom parison Site Layout Changes Expansion plans for the eastern portion of the Mendota Plaza have been changed since the original expansion traffic study. Table 1 shows the land uses that were proposed in 2008 against what is being proposed now. Table 1—Land Use Changes on Eastern Portion of Mendota Plaza Proposed2008 Mendota Plaza Expansion Current Mendota Plaza Expansion ... 3,600 square foot restaurant 7,970 square foot restaurant 4,000 square foot restaurant 4,000 square foot specialty retail 7,200 square foot specialty retail 149 unit apartment building 7,200 square foot specialty retail -- 15,000 square foot specialty retail -- Traffic Generation The trip generation for the previous land uses was taken from the 2008 RLK study. In that study, Table 2 shows the expected trip generation, based on methods published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7t" Edition. The ITE Trip Generation Manual is a compilation of traffic data for various land uses from existing developments throughout the United States. It should be noted that passby and internal trip reductions are not factored in for this memorandum in order to present a direct comparison of trip generation between the two land use scenarios. Table 2 — 2008 Proposed Land Use Trip Generation ITE Land Daily AM Peak Hour PM Peak Hour Description Use Code Total Enter Exit Enter Exit Specialty Retail 814 (7,200 sq ft) 319 5 3 9 11 Specialty Retail 814 319 5 3 9 11 (7,200 sq ft) Specialty Retail 814 665 10 6 18 23 (15,000 sq ft) High Turnover Sit -Down 932 458 22 20 24 15 Restaurant (3,600 sq ft) High Turnover Sit -Down 932 509 24 22 27 17 Restaurant (4,000 sq ft) Total 2270 1 66 1 54 1 87 177 Spack Consulting 3 of 4 Mendota Plaza Trip Gene a n mparison For the current proposed land uses, the trip generation was examined through two methods; using the updated ITE data and using locally collected trip generation data. The latest trip generation manual is the ITE Trip Generation Manual, 9t" Edition. These rates were used to determine the expected traffic for the currently proposed land uses. Table 3 shows the results of expected trip generation using ITE data. Table 3 — Current Proposed Land Use Trip Generation using ITE Data ITE Land Daily AM Peak Hour PM Peak Hour Description Use Code Total Enter Exit Enter Exit Local Data i Apartment (149 624 7 44 43 23 220 dwelling units) 991 15 16 60 32 dwelling units) 826 Specialty Retail 177 13 14 5 6 826 High Turnover 177 13 14 5 6 Local Data' (4,000 sq ft) 1159 14 9 72 37 High Turnover Sit -Down 932 Total 1013 47 39 47 31 1 Local trio veneration data collected Restaurant Consultine in vears 2014 and 2015. (7,970 sq ft) Total 2181 75 69 112 69 Spack Consulting has also collected local trip generation data in the Twin Cities area and has data from 2014 and 2015 for apartments and restaurants. Local data is often better than the ITE national data as it accounts for our area's characteristics and driving habits. Data using these trip generation rates along with the ITE rates for specialty retail (since local data was not available for this land use) are shown in Table 4. Table 4 — Current Proposed Land Use Trip Generation using Local Data-, ITE Land Daily AM Peak Hour PM Peak Hour Description Use Code Total Enter Exit Enter Exit Local Data i Apartment (149 624 7 44 43 23 dwelling units) Specialty Retail 826 (4,000 sq ft) 177 13 14 5 6 High Turnover Local Data' Sit -Down 1159 14 9 72 37 Restaurant (7,970 sq ft) Total 1960 34 67 120 66 1 Local trio veneration data collected and comolied by Snack Consultine in vears 2014 and 2015. Spack Consulting 4 of 4 Mendota Plaza Trip Gene an comparison Table 5 presents a comparison of the three trip generation analyses: the 2008 Study results, ITE results, and ITE/Local Data Results. Table 5 —Trip Generation Comparisons 2008 Proposed Land Uses ITE 2270 120 164 Current Proposed Land Uses ITE 2181 144 181 Current Proposed Land Uses Local' & ITE 1960 101 186 1 Local trip generation data collected and complied by Spack Consulting in years 2014 and 2015. Although all data is presented for comparison, the data collected by Spack Consulting (local trip generation rates) should be considered more accurate. This data is more recent than the studies found in the ITE data and account for the Twin Cities area driving habits. Due to these factors, trip generation associated with the Spack Consulting local data is the focus for this memorandum. Comparing the results shown in Table 5, the new land uses are projected to generate almost 15 percent fewer daily and a.m. peak hour trips. The p.m. peak hour trips are forecast to increase by approximately 13 percent. In raw numbers, the current proposed land uses are expected to generate 310 less daily trips, 19 less a.m. peak hour trips and 22 more p.m. peak hour trips than the 2008 land use projections. The only recommendations for infrastructure improvements from the 2008 RLK study consisted of some turn lane lengthening on Highway 110. These recommendations came about because of needs found in the a.m. peak hour no -build scenarios. With the a.m. peak hour forecast to generate less traffic with the new land uses than with the previous proposal, the current land use proposal should not cause any additional modifications. In the 2008 RLK study, the study intersections were forecast to operate acceptably without significant queueing issues in the p.m. peak hour future scenarios. The total traffic entering the study intersections along Dodd Road and Highway 110 during the 2020 build p.m. peak hour in that analysis were between 1,073 and 3,964 vehicles. The additional 22 vehicle trips during the p.m. peak hour is a fraction of that total traffic. Therefore, the land use change is not expected to have a significant enough impact on any of these intersections to require infrastructure improvements. PLANNING CASE 2016-16 PUBLIC HEARING NOTICE MAILING LIST City of Mendota Heights 1101 Victoria Cury Saint Paul Mn 55118-4167 McDonalds Real Estate Co 2020 Dodd Rd Mendota Heights Mn 55120-1501 Mendota Heights Wp LLC 750 Main St Ste 200 Mendota Heights Mn 55118 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Dakota County Cda 1228 Town Centre Dr Eagan Mn 55123 Mendota Heights Town Center LLC 1221 Lake St W Ste 203 Minneapolis Mn 55408 Mendota Mall Associates Up % Edward J Paster 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Thomas Irvine Dodge Foundation 365 Marie Ave W West Saint Paul Mn 55118-3848 page 293 Dakota County Cda 1228 Town Centre Dr Eagan Mn 55123 Mendota Heights Town Center LLC 1221 Lake St W Ste 203 Minneapolis Mn 55408 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Mendota Mall Associates-outlots LLC % Paster Properties LLC 2227 University Ave Saint Paul Mn 55114 Affidavit of Publication State of MinnesoL SS County of Dakota page 294 JANINE GAFFNEY , being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as SOUTH-WEST REVIEW , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed NOTICE OF HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I successive weeks; it was first published on SUNDAY_, the IST day of MAY 2016 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPQRSTUVWXYZ ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefghijklmnopgrstuvwxyz f \ r Subscribed and sworn to before me on TITLE --LEGAL COORDINA OT R q 2ND day of MAY 1201 Notary Public *Alphabet should be in the same size and kind of type as the notice. R, Vlm RATE INFORMATION v7v t c mmm'rs irs 3f, 2020 (1) Lowest classified rate paid by commercial users for comparable space............................................................$25.00 per col. inch (2) Maximum rate allowed by law for the above matter...........................................$25.00 per col. inch (3) Rate actually charged for the above matter.......................................................$ per col. inch 1/16 page 295 Affidavit of'Publicauti`10171 St& a ofMintlesrts SS Courily epi' 1.1H.ntti page 296 boii ir duly sworn, on oath. says that he/she is the p-. }IiW r,r or I;,l i. -,.el iqu-i it and �-,i yioyee of the pu':7.is i,, l of the newspaper known as fir_}I., i l l -1V1 � I " .`. I _._. and has full knowledge of the facts which are stand below: (A) The newspc!ro-ryr Ii, :: iw ii=d <<,: 1' all of tl1r! nr f r irr o r r'! ^;illi linC (1, ,-iliflcation as a qualified newspaper, as provided by Orli:Ilr..°.oL -3 - 1 . I: _ 's:i I •:I1-1; Al•�.-°r ; r l ..:I I:_: laws, as amended. (B) The printed NO which is attached was G...: fl,_i�i .•7e cQlurnns of said newspaper, and was printed and published once each 'rI I week, for successive weeks; it was first published on SUNDAY , the 12 day of JUNE' 20 16 and was thereafter printed and published on every to and including _-, the day of , 20 ; and printed bolow is a copy of the lower case alphabet from A to Z, both inclusive, which is herecry acknowledged as being the size and kind of type use❑ in the composition anc publication of the nalice 'A13COlUG it �LhnvCPOPS- UVWXYZ Aa CGeFC-i iLMIN0FOR 5'UVWXYZ ! nbcdelgIii: kIrri+apjmLJVVCXYZ fl\ Sta1 ,crit Yc` =:i «1 sworn to befuc- 77c T I It i5 13111da, r,f JUNL arl lt ._� IVct�rr I'ukalic � .Alphhabet shoulc: be in the sang_ : izc, ,si-d 1,ind of type as the nolice. NtAnry Pul_ilie-Vifir:asot RATE INFORMATION �.�i Commis�loa� F,.r , Jon i, i Lu,�fest classified Irate paid by commercial users for comparable space............................................................$25.00 per cel, inch 'Iovf�r 1,, l.•.. l -i .I,k,3 above matter ............ ..................... .......... $25-00 per cal. inch i ;• , :li :.I , ;;I •:' .: r• i °:, 111u, c.u1_jL-VL- t . AtLer. •..... ......... .. ,..,,..,....._ ._. per wl. inch Ills page 297 CITY [1F MEN❑OTA HEIGHTS N0110E OF HEARING A PUBLIC HEARING ON A CONDITIONAL USE PERMMT TO AMEND A PLRNN EO UNI T REVELUPMENT, FRELIMINARW FINAL PLAT, HASrUFNT VACATIONS, AND WIFTLAN4$ PFF;MlTAT7ia0HiGHWAY 110 (hTEN4;7TA PLAIAti 70 K040M )T MAY C0lVCZR,Nr NOTICE is hereby Alvan thel thm Planning 00mMisslon of Mendola Hibights Will rYlaei at 7,,00 P -M., or ss Sloan as pussiblu Iherawfler, on June 26, 2616 in the Gity Hall CoUnell Chambers, 1101 Vctoria Curve, McNola Helphts, Minnesota, to consider aontlllional use permit to amend a planner. unit devdoprment, wollminarytlinal peel. easement ascaron, aid werlarids patmit nKuevs at 720 Highway 110, rhla tegU6st hab been asslpned Planning is ass n -wnbor 2016.1 s_ This netice is pursuant to 'fitlas 11 (SuhdN*cnl and 12 i2orhnp) ai the Mendata Helghis City Cade. Such persons as dsslre to be hears with relerence is this request will be heard al lW9 maeting. Lard 9m ith Illy {jerk (South -Weal Rvwlaw .lune 12, 2x16) page 298 9e. 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.mendota-heights.com , CITY OF MENC7DTA HEIGHTS DATE: July 6, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Set Budget Workshop Dates/ Budget Background COMMENT: INTRODUCTION At the July 6t meeting, the Council will be asked to set dates in August to review the proposed FY 17 operating budget. At that meeting, staff will also provide background information regarding the budget. BACKGROUND City staff has been provided with the forms with which to complete requests for the FY 2017 operating budget, as well as the 5 -year Capital Improvements Program for 2017-21. Responses are to be returned by July 18th, and a review by the Finance Director and City Administrator will begin thereafter. The Council has until September 30th to adopt a preliminary budget and levy. The Council should therefore establish dates and start times for workshops to review the requests. We are suggesting Wednesday, August 17th, and Tuesday, August 23rd. The large conference room is also available on August 18th, 22"d, and 25th We suggest that meetings start at 5 PM. In preparation for the budget process, at the July 6th meeting staff will provide an overview of the City's finances and budget process. RECOMMENDATION Staff recommends setting budget workshop meetings to take place on August 17th and 23 d, both to begin at 5 PM. page 299 ACTION REQUIRED: If the Council concurs, it should, by motion, establish budget workshop dates on Wednesday, August 17th, and Tuesday, August 23rd, both to begin at 5 PM. Mark McNeill City Administrator