2017-06-06 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
June 6, 2017 – 7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approval of May 16, 2017 City Council Minutes
b. Approval of May 16, 2017 Council Work Session Minutes
c. Approval of May 22, 2107 Council Goal Setting Session Minutes
d. Designate Floating Holiday for Non-Union Staff
e. Approve Extension of Light Duty/Modified Duty Assignment
f. Approve Police Officer Hires
g. Grading Permit for Mendota Corporate Center Parking Lot Expansion
h. Award of a Professional Services Contract for the Dodd Road Trail Project – Change Order
i. Accept Planning Commissioner Resignation-Authorize Advertising of Open Position
j. Approve Out of State Travel for City Administrator
k. Approve Resolution 2017-44 Formally Accepting A Gift of $2,200 From The Dakota County
Victim Impact Panel
l. Approval of Claims List
6. Public Comments
7. Presentations
a. Presentation of Plaque Honoring Planning Commissioner Howard Roston
8. Public Hearing
a. Liquor License Renewals
9. New and Unfinished Business
a. Resolution 2017-39 – Denying the request of a Zoning Code Amendment to Allow Motor
Fuel Service Stations as a Place of Sale or Resale of New or Used Motor Vehicles
(Planning Case 2017-05: Sean Hoffmann – Applicant)
b. Resolution 2017-40 – Approving Lot Line Adjustment for Dodge Nature Center, located at
656 HWY. 110 (Planning Case 2017-06: Dodge Nature Center – Applicant)
c. Resolution 2017-41 – Approving a Conditional Use Permit and Variance to Allow Larger
Garage with Reduced Setbacks, located at 1023 Delaware Avenue (Planning Case 2017-
07: Jay & Alicia Jacobs – Applicant)
d. Resolution 2017-42 – Approving Variance to Allow Reduced Front (Corner) Yard Setbacks
for Garage and Dwelling addition, located at 1897 Wachtler Avenue (Planning Case 2017-
09: Ben & Erika Christopherson – Applicant)
e. Resolution 2017-43 – Approving Amendment to the Comprehensive Plan to Re-Guide
Future Land Use from existing “B - Business” to “HR-PUD High Density Residential-
Planned Unit Development” designation located at 2180 and 2160-64 HWY. 13 (Planning
Case 2017-08: Michael Swenson-Michael Development – Applicant)
f. Ordinance No. 510 – Amending Title 12, Chapter 1, Article B. Rules and Definitions
Concerning New Sign Definitions and Title 12, Chapter 1, Article D. General Zoning
Provisions Concerning Certain Types Of Signs In The Business Districts
g. Award Contract for Completion of a Classification and Compensation Study for Non-
Contract City Employees
h. Authorize Release of Request for Quotes for Fiber Optic Installation to Municipal Buildings
i. Resolution 2017-45 - Authorize the Submittal of a Request to the State of MN for
Participation in the Funding of the Reconstruction of Portions of Former MnDOT Roadways
in the City of Mendota Heights
10. Community Announcements
11. Council Comments
12. Adjourn
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, May 16, 2017
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 Garlock called the meeting to order at 7:00 p.m. Councilmembers Duggan, Miller, Petschel, and
Paper were also present.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda for adoption. Councilmember Petschel moved adoption of the
agenda.
Councilmember Paper seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval.
Councilmember Petschel moved approval of the consent calendar as presented and authorization for
execution of any necessary documents contained therein, pulling item f) Approve Resolution 2017-38,
Regarding Support for Local Decision Making Authority.
a. Approve May 2, 2017 City Council Minutes
b. Approve May 8, 2017 Council Work Session Minutes
c. Approve May 9, 2017 Joint Council/Park-Rec Commission Work Session Minutes
d. Approve Sub-Contract Agreement for Back-Up Building Inspections Services
e. Approve Temporary On-Sale Liquor License for Beth Jacob Congregation
f. Approve Resolution 2017-38, Regarding Support for Local Decision Making Authority
g. Approve Administrative Interim Use Permit – 750 South Plaza Drive
h. Acknowledge Building Activity Report for April 2017
i. Acknowledge April 2017 Fire Synopsis
j. Approve April 2017 Treasurer’s Report
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k. Approve Claims List
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
F) APPROVE RESOLUTION 2017-38, REGARDING SUPPORT FOR LOCAL DECISION
MAKING AUTHORITY
City Administrator Mark McNeill explained that this resolution was recommended by the League of
Minnesota Cities, and that organization has asked all cities to consider it. This year, the Legislature has
heard about two dozen bills which if enacted, would pre-empt local decision-making authority. The bills
relate to a variety of issues including cities setting local minimum wages, setting personnel regulations,
designation a sanctuary city status, and sprinkler restrictions in buildings. The League of Minnesota
Cities’ position is that cities should continue to have the ability to decide these issues for themselves.
Councilmember Duggan noted that he would support this resolution with a word changed in the last line
as follows: “… opposes legislation that removes the ability for of local elected officials to respond to the
needs of their businesses and constituents.”
Councilmember Petschel moved to adopt RESOLUTION 2017-38, SUPPORTING LOCAL
DECISION-MAKING AUTHORITY with the recommended word change.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
Ms. Barb Nelson, 730 South Plaza Drive, spoke to the Council about the trail redevelopment occurring
in front of Parkview Plaza Apartments. She is concerned about nature being disturbed when the large
trees are being removed. She questioned why the area which was cleared for the trail needed to be so
wide? She felt that much natural habitat was destroyed.
Public Works Director Ryan Ruzek stated that the trail was being constructed with the Highway 110
project, and is controlled by the Minnesota Department of Transportation (MnDOT). The trail is
proposed as part of the County greenway system, connecting Lebanon Hills and the Big River Regional
Trail. He shared a map showing the removal plans. The existing trail that borders the parking lot of the
Parkview Plaza is proposed to be removed. The new trail is going to be moving slightly to the north. A
new trail would be constructed within the old MnDOT right-of-way, adjacent to the Dodge Nature
Center. The contract calls for a replanting of 100 trees, 60 shrubs, 64 perennials, and the seeding of five
acres in native pollinator-friendly planting mix. The County is going to concentrate their replanting
efforts to the areas near South Plaza Drive.
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Ms. Jane Spalding, 730 South Plaza Drive, expressed her desire for a community garden area to be
included in the plans. She also mentioned that the University of Minnesota’s Horticultural Department
has young people that might be interested in doing a project in this area.
Councilmember Petschel encouraged Ms. Spalding to meet with Mendota Heights’ master gardeners
who have been working on projects at the Plaza, Pilot Knob Road, City Hall, and other areas around
Mendota Heights.
Councilmember Duggan expressed his appreciation to Ms. Spalding and Ms. Nelson for coming to the
meeting to speak on this. It is people like them that make Mendota Heights that much better. He
understands that the project caused a huge upheaval of the natural setting, but it will be nice when it is
finished.
Mr. Roger Bredahl, 730 South Plaza Drive, noted that he sees deer, turkeys, and others wildlife from his
window. His concern is the possible expansion of the current construction. He asked if they would be
installing a bridge over the small creek. Mr. Ruzek responded that there would be a culvert installed for
the creek to flow through.
Mayor Garlock stated that he went to the site and viewed the construction and spoke with the contractor.
The contractor stated that they were cutting down what was called for in the contract.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2017-36 ACCEPT BIDS & AWARD CONTRACT FOR 2017 SANITARY
SEWER REHABILITATION PROJECT
Public Works Director Ryan Ruzek presented six bids that were received for the 2017 Sanitary Sewer
Rehabilitation Project. The engineer’s estimate on this project was $275,000. The low bid submitted was
from Insituform Technologies in the amount of $430,728.
Staff proposes to line the largest diameter and deepest section of the interceptor. This portion runs
through the parking lot at the Plaza site. The added costs are due to the very extensive bypass pumping
system which is needed.
Staff recommended to award the project to the lowest bidder, Insituform Technologies. They also
recommended to delete a proposed 600 feet of the sewer lining pipe to reduce the project’s cost to
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correspond to the available budget. He said that the City currently budgets $110,000 a year for sewer
lining maintenance.
He said that there had also been a culvert failure in the Somerset Country Club. A new outlet structure
was installed on the pond upstream from that culvert; however, the existing metal pipe has had water
leakage, and the necessary water levels have been difficult to maintain. Staff wants get that pipe lined in
order to restore the pond to its normal water level.
Councilmember Duggan questioned the engineer’s estimate on this project. Mr. Ruzek replied that the
larger diameter pipes have not been lined; therefore, staff does not have the necessary budgeting history
to accurately estimate a unit price for this.
Councilmember Duggan asked what the benefits are with this project. Mr. Ruzek stated that the sewer
lining should be a structural liner – like a brand new pipe and is estimated to last 100 years. The City’s
interceptor lines were installed in the mid-to-late 1960’s.
Councilmember Miller asked what issues would be expected if the Somerset Country Club work was
delayed. Mr. Ruzek stated that this is the third time he has bid that portion of the project. Due to the high
bids received, the project was not completed. He said that other options are more expensive, and that
the current pond level makes the work easier to perform.
Councilmember Duggan asked for confirmation that this project would not impact the golf course and
its operations. Mr. Ruzek replied that the installation of the lining is relatively excavation free and
should not impact the golf course.
Councilmember Petschel asked what kind of disruption would be expected at the parking lot at the
Plaza? Mr. Ruzek replied that there would be a pre-construction meeting with the contractor, and that
they may be able to line through two sections and not have to excavate at every manhole.
Councilmember Petschel asked who does monitoring of the bypass system? Mr. Ruzek replied that
would be the responsibility of the contractor, and that they would have a specialty bi-pass pumping
subcontractor and the subcontractor would be responsible for keeping the system operational.
Mr. Ruzek noted that Insituform Technologies has done a number of projects for the City in the past.
They completed the 2015 interceptor lining as well.
Councilmember Petschel asked how this would affect the City financially. Mr. Ruzek replied that this
project will be within the budgeted amount because it is two years worth of work. He said the culvert
repair at Somerset Country Club will be paid for out of the stormwater utility fund.
Councilmember Petschel asked for an update on the stormwater utility fund and what other major
projects are coming up, and that she would like to have a plan for this work. Mr. Ruzek replied that a
discussion of this can take place at the goal setting session or a future Council Work Session.
page 6
Councilmember Duggan moved to adopt RESOLUTION 2017-36 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE 2017 SANITARY SEWER REHABILITATION PROJECT
(PROJECT #201705).
Councilmember Petschel seconded the motion.
Councilmember Paper asked for a description of Inflow and Infiltration, how deep the excavation would
be to get to the interceptor line, and how many days it is anticipated from the day they start excavation
to completion? Mr. Ruzek responded to those questions. Councilmember Paper also asked if there
would be any benefit to include the 600 feet that is being recommended for deletion? Mr. Ruzek replied
that he had originally included that 600 feet to take advantage of the construction work on Highway 110;
however, the City did not have official permission from MnDOT to run the bypass line through the
storm sewer culvert.
Ayes: 5
Nays: 0
B) RESOLUTION 2017-37 ACCEPT BIDS AND AWARD CONTRACT FOR
MENDOTA HEIGHTS ROAD AND KENSINGTON STREET IMPROVEMENTS
Public Works Director Ryan Ruzek introduced Mr. Chad Davison, Consulting Planner from Stantec.
Mr. Davison explained that bids on this project were opened on May 10th. He said that the engineer’s
estimate was $2,100,000, and that the low bid was received from Valley Paving, Inc. in the amount of
$1,650,939.
Councilmember Petschel asked why there was such a large difference between the estimate and the
bids? Mr. Davison replied that the directional drilling was probably the area with the most significant
savings on the project. In the end, it came down to the competitiveness of the bids.
Councilmember Petschel asked for an example of a project that Valley Paving has done within the City.
Mr. Ruzek replied that Valley Paving completed the Victoria Road South and Lemay Lake Road
projects.
Councilmember Petschel noted that she was glad to see McNamara Contracting Inc. had bid on this
project. She asked how they compared with Valley Paving. Mr. Ruzek stated that the City has had more
associations with McNamara and they seemed to have had a better track record as far as being
accommodating to the residents. He noted that a previous issues with Valley Paving was that they had
left work on the Vitoria Road project for a couple of weeks on the Victoria Road project.
Councilmember Petschel said the residents had gone without water, power, and had not been properly
notified. She said that there is only a $13,000 difference between Valley Paving and McNamara
Contracting Inc. Mr. Ruzek noted that a number of the surrounding communities have moved to a value-
based bidding system, and that is something this City could consider in the future.
Councilmember Paper mentioned that he and Mr. Ruzek had discussed specific timeframes for the
Kensington neighborhood project, to have it completed by mid-August before the soccer season. He
asked if that deadline had been made part of the contract. Mr. Ruzek replied that they currently have a
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completion date of Mendota Heights Road ahead of Kensington. The paving is scheduled to be down on
Mendota Heights Road by September 1st. Kensington was delayed to October 1st. The Kensington area
would be fine for parking although it may be a gravel surface. Mr. Ruzek noted that, per his
conversation with Recreation Program Coordinator Sloan Wallgren, the soccer program is from mid-
August to October 1st. He further said that they could delay the paving until after the soccer season.
Councilmember Paper asked if these are two separate projects, and why not run them simultaneously.
Mr. Ruzek said that they were originally run as two feasibility projects, but they were combined into one
project. Councilmember Paper asked what the benefit would be to the City to have these as one project
instead of the original two. Mr. Ruzek replied that it was really due to the economy of scale; the
contractors mobilize in the area and both projects are in close proximity to each other; and they can
share resources.
Mr. Ruzek stated that after the contract has been awarded, the next step would be to have a
preconstruction meeting with the contractor, then staff would have a better idea of the timing details of
the project.
Mr. Davison noted that they do have a specified date to have a portion of the road at gravel level. Once
the asphalt is removed, the contractor has to have the base level bituminous restored within 30 – 60
days.
Councilmember Duggan asked City Attorney Tom Lehmann what the impact would be if the Council
awarded the bid to McNamara Contracting Inc. instead of the lowest bidder, Valley Paving Inc?
Attorney Lehmann replied that the law requires that the City take the lowest responsible bidder; it does
not necessarily have to be the lowest bid. He said that the courts give cities some discretion in
interpreting what that term ‘responsible bidder’ means. Court cases have determined that some of the
criteria that would be looked at would be financial responsibility, integrity, skill, likelihood of
performing faithfully, satisfactory work, and promptness. If the City were to go with a company that is
not the lowest bidder, he said that it would want to make sure to clarify the criteria of the Council’s
choice.
Councilmember Duggan moved to accept the bid from McNamara Contracting Inc. as the most
responsible bidder because of their promptness and their past success record within the City of Mendota
Heights, and because of the poor responsiveness of Valley Paving on previous projects. Councilmember
Petschel seconded the motion.
City Administrator Mark McNeill asked if McNamara Contracting Inc. was awarded the contract, if
there would be any concerns about their availability. Mr. Ruzek replied that technically the City can
hold bids for 60 days , and the City would have the right to enter into a contract with them.
Councilmember Duggan asked if the motion could include the timeframe requirements as discussed. Mr.
Ruzek replied that those criteria were encompassed in the bids initially.
Councilmember Petschel asked what consequences the City could face by not awarding this contract to
the lowest bidder? Attorney Lehmann stated that the lowest bidder could sue the City if it did not follow
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the bidding requirements. The challenge may be that the City would have to make a determination as to
whether to go forward with the project even though there is pending litigation.
Councilmember Petschel asked, if this contract were awarded to Valley Paving, how could the City
prevent what happened to residents on Victoria Road from happening on this project? Mr. Davison
stated that he would be on site every other day, reviewing the project with the contractor. The inspector
will log notices continually throughout this process to all of the residents. Stantec has a website so
people can check online for updates. He said that the contractor has a tight schedule of when they have
to get the road surface back to bituminous; if it cannot meet that schedule, there are liquidated damages
that could be assessed to them, which is built into the contract.
Councilmember Petschel asked if there would be any disruption to water or power during this project?
Mr. Davison replied that there should not be any disruptions. The inspector from Stantec would be the
one responsible for notifying the school and residents of any water or power outages, and the timing of
those outages. Councilmember Petschel said that the notices should not be put on the resident’s front
doors – most people do not use their front doors.
Councilmember Duggan asked what requirements or penalties the City could put into the contract so
they would meet the concerns being addressed now. Mr. Ruzek replied that at this time the project
specifications are the basis of the bid. To add additional restrictions to the contract would change the
contractual specifications.
Mayor Garlock noted that staff could strongly suggest to Valley Paving that the Council is aware of the
problems which occurred during the last project, and that the Council does not expect that to happen
again as it would affect any future projects they could potentially have within the City.
Attorney Lehmann noted that liquidated damages are a powerful tool that the City could use in the event
that Valley Paving does not comply with this contract. Most contractors understand the importance and
the severity of what liquidated damages can do to their bottom line with regards to completion on time.
He believed there was enough in this contract that would give them serious pause not to follow through
on the bid requirements.
Councilmember Duggan withdrew his previous motion. Councilmember Petschel, as the second,
accepted the withdrawal of the motion.
Councilmember Petschel moved to adopt RESOLUTION 2017-37 ACCEPTING BIDS AND
AWARDING CONTRACT FOR THE MENDOTA HEIGHTS ROAD AND KENSIGNTON STREET
IMPROVEMENTS to Valley Paving, Inc. as the lowest bidder, with the understanding that Stantec will
be having very tight daily supervision of this project.
Councilmember Duggan seconded the motion.
For purposes of discussion, because of this particular contractor, Councilmember Petschel asked if the
Council could get frequent updates on how the project is going from staff.
Ayes: 5
Nays: 0
page 9
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill stated that the City has been receiving complaints about garbage cans
being improperly stored, by being visible from the street. He reminded residents that City Code does
require garbage cans to be out of public view within 24 hours of the scheduled pickup. Enforcement of
that requirement will be taking place; most likely with warnings will be the first step.
COUNCIL COMMENTS
Councilmember Petschel noted that she and Administrator McNeill attended a social gathering in South
St. Paul with School Board members and other City Council Members, and Administrators. This social
event was started last year. It may be Mendota Heights’ turn to host soon.
Councilmember Miller noted that Syttende Mai is on May 17, the Norwegian Constitution Day and there
would be celebrations.
Councilmember Duggan noted that 5K Walk/Run Event is the first Saturday in June. The name has
officially been changed to “Officer Scott Patrick Memorial 5K”, and that it benefits the Special
Olympics. He also wished the best of luck to all area graduates.
Councilmember Duggan mentioned that a former city employee, Theresa Gangelhoff, is an
accomplished baker and was on NBC’s Today Show that morning for a cooking contest. He also said
that School District 197 has a new superintendent, Peter Olson-Skog, who will begin his new role in
July 2017. Councilmember Duggan encouraged everyone to get to know him.
ADJOURN
Councilmember Paper moved to adjourn.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
Mayor Garlock adjourned the meeting at 8:10 p.m.
____________________________________
Neil Garlock
Mayor
ATTEST:
_______________________________
Lorri Smith,
City Clerk
page 10
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Workshop
Tuesday, May 16, 2017
Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at
City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 5:00 p.m. Councilmembers Duggan, Miller, Paper and
Petschel were also present. Staff in attendance included City Administrator Mark McNeill, Assistant
City Administrator Cheryl Jacobson, Finance Director Kristen Schabacker, Public Works Director
Ryan Ruzek, Community Development Director Tim Benetti, City Attorney Andy Pratt and City
Clerk Lorri Smith.
MENDOTA MOTEL/LARSON GREENHOUSE REDEVELOPMENT TIF DISTRICT
Stacie Kvilvang and James Lehnhoff, representing the City’s financial advisors Ehlers and
Associates, explained the basics of tax increment financing, and how the financing would work for a
proposed redevelopment project, to be located at 2180 and 2160 Highway 13. The Mendota Motel
occupies a single parcel approximately 2.41 acres in size. The Larson Greenhouse consists of eight
separate parcels, which is approximately 2.77 total usable acres.
The City is considering a proposal to modify the Development Program for Municipal Development
District No. 1 and to establish Tax Increment Financing District No. 2. Tax increments collected
from the TIF District will enable the City to facilitate the construction of approximately 138
apartment units. A public hearing on this matter has been scheduled for June 20, 2017.
The developer of this site, Michael Swenson of Michael Development, Inc., was present and
indicated his intent to develop 69 market rate units as Phase 1 on the Mendota Motel site, followed
by Phase 2 on the Larson Greenhouse site, consisting of 69 market rate or senior assisted living units.
Ms. Kvilvang explained the recommendation that the new housing TIF district is recommended for
Phase 1 of the redevelopment at $634,000 Pay-as-you-go TIF note, over a term of nine years.
CITY CODE ALCOHOLIC BEVERAGES AMENDMENTS
City Clerk Lorri Smith and City Attorney Tom Lehmann presented proposed changes to the
Alcoholic Beverages liquor code needed to bring it up to date with current standards and more in line
with state statutes. An ordinance revising the code will be brought forward to the Council.
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OTHER
It was noted that a Council Goal Setting session has been scheduled for May 22, 2017, at 1:00 pm. A
Council work session has also been scheduled for June 6, 2017, at 5:00 p.m.
It was noted that the Police Department is looking to hire four officer positions. One conditional offer
of employment has been made to one candidate.
Councilmember Duggan presented a proposed Welcoming City statement. It is proposed to bring
this language forward to the City Council for approval, which if approved might be placed on the
city’s website and other places of notification. Councilor Petschel suggested that this statement is in
fact a reiteration of our current police department policies.
ADJOURN
Mayor Garlock adjourned the meeting at 6:50 p.m.
____________________________________
Neil Garlock, Mayor
ATTEST:
_______________________________
Lorri Smith, City Clerk
page 12
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Work Session
Monday, May 22, 2017
Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at
City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 1:05 p.m. Councilmembers Duggan, Miller, Paper and
Petschel were also present. Staff in attendance included City Administrator Mark McNeill, Assistant
City Administrator Cheryl Jacobson, Finance Director Kristen Schabacker, Public Works Director
Ryan Ruzek, Community Development Director Tim Benetti, Police Chief Kelly McCarthy, and City
Clerk Lorri Smith.
GOAL SETTING SESSION
Facilitator Mark Nagel directed a goal setting session with the Council and staff. Council and staff
submitted goals that they thought were important for the City accomplish within the next 18 months.
44 goals were identified by the group. The goals were then grouped into the following categories and
priority ranked:
1. City Infrastructure Improvements and Maintenance of City Buildings including City Hall,
Fire Department and Police Department
2. Recruit and retain qualified City employees
3. Develop a Comprehensive Communication Strategy
4. Creation of an agreed upon vision for key redevelopment/ development areas in the city
5. Enhance the City’s Parks and Recreation programs
6. Implement the 5 year budget plan based on Ehlers study (capital improvement
comprehensive)
7. Ready the Bourn property for sale
8. Address Dodd Road traffic issues
9. Address Natural Resource and Environmental Sustainability
10. Start process and discussion of updating zoning and subdivision ordinances
11. Look at the City’s comp plan update when finished, and use that to consider long term
strategic planning for the city
page 13
Joel Paper left the meeting at 3:25 p.m.
It was directed that City staff meet to discuss an action plan for the top five priority goals identified.
ADJOURN
Mayor Garlock adjourned the meeting at 4:00 p.m.
____________________________________
Neil Garlock, Mayor
ATTEST:
_______________________________
Lorri Smith, City Clerk
page 14
Request for City Council Action
DATE: June 6, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Designation of Floating Holiday for Non-Union Staff
COMMENT:
Introduction
The City Council is asked to designate Monday, July 3, 2017, as a floating holiday and
authorize the closure of City Hall for business on that day.
Background
Under Section 14 of the Mendota Heights Personnel Code, the city recognizes twelve paid holidays
each calendar year. Included in the twelve, is one floating holiday. In years in which Christmas
Eve falls on a Friday, Saturday or Sunday, non-union employees receive an extra floating holiday
rather than the December 24 holiday. For 2017, Christmas Eve is on a Sunday and therefore non-
union staff receive an extra floating holiday (a total of two).
Due to the Fourth of July falling on a Tuesday this year, a number of staff have requested to be off
of work on Monday, July 3, leaving a very limited number of staff to cover the responsibilities of
city hall.
The City Council, upon recommendation of the City Administrator, may designate the extra
floating holiday as a fixed date when City offices will be closed. In considering the remainder of
2017 holidays, the timing of the Fourth of July and the single work day, Monday, July 3 which
precedes it, City Council may consider designating July 3 as a floating holiday.
Recommendation
Staff recommends that Monday, July 3, 2017 be designated as a floating holiday for non-union
staff and declare that City Hall be closed for business.
Unionized employees who do not work that day may take either a floating holiday, or a vacation
day.
Action Required
If the Council concurs, the City Council should approve by motion to declare Monday, July 3,
2017, as a floating holiday for non-union employees and that City Hall be closed for business.
page 15
Request for City Council Action
DATE: June 6, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Approve Extension of Light Duty/Modified Duty Assignment
COMMENT:
Introduction
The City Council is asked to approve an extension of light duty/modified duty assignment for a Police
Officer.
Background
Mendota Heights Personnel Code Section 17, Light Duty/Modified Duty Assignment,
establishes guidelines for temporary assignment of work to temporarily disabled employees
who are medically unable to perform the essential functions of their regular positions with or
without reasonable accommodation. Light duty is evaluated by the City Administrator or
designee on a case-by-case basis. This policy does not guarantee assignment to light duty.
Currently, a Police Officer has been assigned to light duty/modified duty since February 27,
2017. (Due to HIPPA considerations, the name of the officer is not being included in this
requested action). Section 17 of the personnel code requires City Council approval for light
duty/modified duty assignment beyond three months. Staff is requesting an extension of light
duty/modified duty assignment of up to an additional three months for this Officer.
Recommendation
Staff recommends approval of the light duty/modified duty assignment extension.
Action Required
If the Council concurs, it should, by motion, approve an extension of up to an additional three months
of light duty/modified duty assignment for the currently designated Officer.
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Request for City Council Action
DATE: June 6, 2017 TO: Mayor and City Council, City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
Kelly McCarthy, Chief of Police SUBJECT: Approve Police Officer Hires
COMMENT:
Introduction
The City Council is asked to approve the hiring of Peter Renteria and Cara Hogan for the position of
Police Officer.
Background
Staff continues with the recruitment process to fill two Police Officer vacancies. The Police
Officer hiring process began earlier this spring with a position posting. The City received 40
applications from interested candidates. The process has included two rounds of interviews, a
thorough background investigation, a psychological evaluation and physical examination to
determine qualified candidates.
Staff is presenting two candidates for approval consideration.
Staff recommends the hiring of Peter Renteria for one of the vacant Police Officer positions.
Peter has a Bachelor’s degree from Winona State University in Sociology-Criminal Justice. He
is currently employed as a part-time Police Officer with the Osseo Police Department.
Staff also recommends the hiring of Cara Hogan for another Police Officer position. Cara has
a Bachelor’s degree from Minnesota State University-Mankato in Law Enforcement. She is
currently employed as a Park Patrol Agent with the Minneapolis Park Police.
Peter and Cara’s start date has yet to be determined, and is dependent upon approval by the City
Council and proper notice to their current employer.
Recommendation
Staff recommends that the City Council approve the hiring of Peter Renteria and Cara Hogan
as Police Officers. Starting salary will be $4,944 per month based on the 2016-2017 Law
Enforcement Labor Services, Inc. Labor Agreement.
Action Required
If the Council concurs, it should, by motion, approve the hiring of Peter Renteria and Cara
Hogan to the positions of Police Officers with the Mendota Heights Police Department.
page 17
REQUEST FOR COUNCIL ACTION
DATE: May 16, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Grading Permit for Mendota Corporate Center Parking Lot Expansion
COMMENT:
INTRODUCTION
The Council is asked to approve a grading permit for a parking lot expansion at 1110 Centre
Pointe Curve, Mendota Corporate Center.
BACKGROUND
In May of 2009, Council approved a Storm Water Management, Illicit Discharge, Soil Erosion,
and Sedimentation Ordinance. A requirement of the Ordinance is that property owners
proposing any land disturbance activity in excess of 5,000 square feet apply through the City
Engineering Department for a Grading Permit. Along with the Ordinance passed in May of
2009, Council approved a Land Disturbance Guidance Document that outlines the specific
requirements for soil disturbance, storm water management and site grading.
It is City Policy that commercial improvements requiring permits (building, sign, etc.) have the
permits brought before Council for approval.
DISCUSSION
Dennis Properties is proposing an expansion of the parking lot for the Mendota Corporate Center
located at 1110 Center Pointe Curve. The proposal would create an additional 201 parking stalls
for the facility as well as showing 75 additional proof of parking spaces. A storm water
management pond is also proposed to be constructed with this expansion.
At that meeting it was determined by staff that no planning action was required, but that the
proposed activity fell under the requirements of the Storm Water Management, Illicit Discharge,
Soil Erosion, and Sedimentation Ordinance. Staff advised the applicant to provide design
drawings and calculations as required by the Ordinance and the corresponding Land Disturbance
Guidance Document.
After reviewing the plans and discussing a few points with the applicant’s design engineer, City
Staff has determined that the proposed project complies with the provisions set forth in Title 11,
Chapter 6 of City Code, and that the project proposed meets with the requirements as defined in
the City’s Land Disturbance Guidance Document.
page 18
BUDGET IMPACT
None – Applicant will be required to pay the $100 permit fee.
RECOMMENDATION
Staff recommends that the Council approve the Grading Permit as proposed.
ACTION REQUIRED
If Council wishes to implement the staff recommendations, pass a motion authorizing City Staff
to issue the Grading Permit by a simple majority vote.
page 19
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 20
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 21
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 22
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 23
.
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 24
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7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 25
NO
PARKINGNOPARKING
NOPARKINGPARKING
VEHICLE ID
REQUIRED
UP TO $200 FINE
FOR VIOLATION
VAN
ACCESSIBLE
±2/3 Ø
2"Ø
SPECIFICATION 3891
7699 Anagram Drive
Eden Prairie, MN 55344
PHONE 952-937-5150
FAX 952-937-5822
TOLL FREE 1-888-937-5150
page 26
REQUEST FOR COUNCIL ACTION
DATE: June 6, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Award of a Professional Services Contract for the Dodd Road Trail Project –
Change Order
COMMENT:
INTRODUCTION
The Council is asked to approve a change order for the contracted design, surveying and
easement acquisition for the Dodd Road Trail Project (from Maple Street to Marie Avenue).
BACKGROUND
The Dodd Road Trail Project was originally designed in 2006. City Council approved a contract
with KLJ Engineering (KLJ) at their January 17, 2017 meeting to update the plans to current
standards as well as manage the acquisition of trail easements.
DISCUSSION
In reviewing the documents from 2006, KLJ identified discrepancies in the right-of-way
alignment which will require additional work to the easement descriptions and depictions to
match the alignment provided by MnDOT.
KLJ proposes to recreate the permanent and temporary easements along the proposed trail, create
right-of-way exhibits, create legal descriptions, and stake the easements with a surveyor. In
addition, the appraisal reports will be updated to reflect revised easements.
KLJ has submitted the attached cost estimate for this additional work ($9,395.84).
BUDGET IMPACT
The Dodd Road Trail Project is proposed to be funded using Municipal State Aid funds (MSA)
which has an adequate balance for the additional services required.
RECOMMENDATION
Staff recommends that council accept the change order from KLJ Engineering for the proposed
not-to-exceed price of $9,395.84 resulting in a new contract amount of $79,378.72.
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion authorizing staff to
enter in to a contract with KLJ Engineering. This action requires a simple majority vote.
page 27
AMENDMENT TO ENGINEER-OWNER AGREEMENT
Amendment No. 1
Background Data
a.
Effective Date of Engineer-Owner Agreement:
February 15, 2017
b.
Engineer:
Kadrmas, Lee & Jackson, Inc., 4585 Coleman Street, Bismarck, ND
58503
c.
Owner:
City of Mendota Heights
d.
Project:
Dodd Road Trail
e.
This Part of the Project:
Preliminary Design & Right of Way
Nature of Amendment (check all that apply)
Additional services to be performed by Engineer
Modifications to services of Engineer
Modifications to responsibilities of Owner
Modifications to payment to Engineer
Modifications to time(s) for rendering Services
Description of Modifications
See Attachment A1.
Agreement Summary
a. Original agreement amount: $69,982.88
b. Net change for prior amendments: $0.00
c. This amendment amount: $9,395.84
d. Adjusted Agreement amount: $79,378.72
page 28
Engineer and Owner hereby agree to modify the above-referenced Agreement as set forth in this
Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in
effect. The Effective Date of this Amendment is .
ENGINEER: Kadrmas Lee & Jackson, Inc. OWNER: City of Mendota Heights
By:
Mark Anderson
By:
Ryan Ruzek
Title:
Director of Surface Transportation
Title:
Public Works Director
Date Signed:
Date Signed:
page 29
▲
Expand Sub
Expenses
KLJ Project Name:Dodd Road Trail
Detailed Description:Bituminous Trail Design & R/W Services from Maple Street to Marie Avenue
KLJ Project Number:1412416107
Task Code Description Engineer I Engineer II Engineer IV CADD Tech II Surveyor IV
DIRECT LABOR
Subtotal
Reimbursable
Expenses
(person x days)Reimbursable Rate
REIMBURSABLE
EXPENSE1
Total
Subconsultant
Fee DIRECT EXPENSE2
Balance to:
Lump Sum
or Agreed Fee
TASK
TOTAL
1.1 Preliminary Design 85.55$ 100.30$ 171.10$ 89.98$ 162.25$ 250.00$
Parcel Staking 6 973.50$ -$ -$ 973.50$
-$ -$ -$ -$
6 973.50$ -$ -$ -$ -$ 973.50$
1.3 Right of Way 85.55$ 100.30$ 171.10$ 89.98$ 162.25$ 250.00$
Recreate TE & PE Boundaries 7 2 799.45$ -$ -$ 799.45$
Create Easement Exhibits (7 EA)18 30 6,487.14$ -$ -$ 6,487.14$
Create Legal Descrptions (7 EA)7 1,135.75$ -$ -$ 1,135.75$
-$ -$ -$ -$
-$ -$ -$ -$
7 2 18 37 8,422.34$ -$ -$ -$ -$ 8,422.34$
7 2 18 43 70
9,395.84$ -$ -$ -$ -$ 9,395.84$
General Notes City to provide geotechnical data for soil borings.
Draiange Areas delineated in 2006 to be provided by the City
Labor, Overhead & Profit 9,395.84$
Direct Expenses -$
Subconsultants -$
Reimbursables -$
Balance to Lump Sum or Agreed Fee -$
9,395.84$
◄ Expand
for Audited Rate
Total Estimated Engineering Costs
Project Budget
Summary of Costs:
1 To be billed at actual with an $250 maximum (Meals $50- Lodging $200)
2 Includes, equipment rental, etc.
1412416107_Cost Proposal_A1.xlsm Printed on 5/16/2017 Page 1 of 1
page 30
Attachment A1
Description of Modifications:
Engineer shall perform the following Additional Services:
• Recreate the Permanent and Temporary Easements along the proposed trail.
o Property lot lines will be based off of data collected and provided by MNDOT for SP
1917-45.
o Permanent Easements will be revised to incorporate all trail features, including
proposed retaining walls.
o Temporary Easements will be revised to include all construction limits outside of the
Permanent Easements.
• Create Right-of-Way Exhibits
o Create up to 7 Easement Exhibits. One exhibit will be created for each parcel, showing
existing right-of-way, the permanent easement and temporary easement for each
parcel impacts. It is assumed that no new easement exhibits will be needed, other than
to replace the exhibits provided upon contract award by the Owner.
• Create Legal Descriptions
o KLJ will create legal descriptions to describe the permanent and temporary easements
proposed along the project.
• Parcel Staking
o Stake revised parcels in the field, for review by the appraiser and landowner.
Engineer shall modify the following existing Services:
• Appraisal Reports
o Engineer will revise the appraisal reports to accurately reflect the revised permanent
and temporary easements.
page 31
Request for City Council Action DATE: June 6, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resignation of Howard Roston from the Planning Commission
COMMENT:
Introduction
The Council is asked to accept the resignation of Planning Commissioner Howard Roston, and
authorize the replacement process to fill the resulting vacancy to begin.
Background
Commissioner Roston was appointed to the Planning Commission in February, 2011. His
current term runs through January 31, 2020. As of June 9th, he will no longer be a resident of
Mendota Heights, and has therefore submitted a notice of resignation.
His service to Mendota Heights is appreciated; he will be presented with a plaque from the
Council noting his service.
Recommendation
Staff recommends that the Mendota Heights City Council accept with regret Commissioner
Roston’s resignation from the Planning Commission effective June 9, 2017.
In addition, staff recommends that an advertisement be made to solicit interested candidates to
fill the vacancy. It is further recommended that unsuccessful Planning Commission candidates
from earlier this year be invited to re-apply. Applications would be accepted through June
15th; the City Council will need to determine a date to interview candidates.
Action Required
If the Council concurs, it should, by motion, take the following steps:
1. Accept with regret the resignation of Howard Roston from the Mendota Heights
Planning Commission, effective June 9th, 2017; and
2. Direct staff to begin the process of publicizing the vacancy to fill the position.
It should further determine a date to interview candidates, sometime after June 15th.
page 32
DATE: June 6, 2017
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Out of State Conference Request
COMMENT:
INTRODUCTION
The Council is asked to give approval for the City Administrator to attend the 103nd Annual
Conference of the International City/County Management Association.
BACKGROUND
By policy, the City Council must approve all out of state travel at an open meeting. I am asking
the Council to give approval at this time, so that registration may be made when registration fees
are the lowest possible. Registration opens in June.
The ICMA Conference is recognized as the premier annual conference for the city management
profession. This will be held October 22-25, 2017 in San Antonio, Texas.
BUDGET IMPACT
The 2017 budget includes funding for the ICMA National Conference.
The estimated costs are:
Travel--Airfare $350
Registration 700
Lodging 800
Meals 200
Total $2050
RECOMMENDATION
I ask that the Council approve my request to attend the conference.
page 33
ACTION REQUIRED
If the Council is agreeable to this, it should, by motion, authorize the City Administrator to
attend the ICMA Conference to be held in San Antonio, Texas in October.
page 34
DATE: May 3, 2016
TO: Mayor, Council and City Administrator
FROM: Kelly McCarthy, Chief of Police
SUBJECT: RESOLUTION 2017-44 FORMALLY ACCEPTING A GIFT OF $2,200
FROM THE DAKOTA COUNTY VICTIM IMPACT PANEL
INTRODUCTION
The City Council is asked to accept a gift from the Victim Impact Panel
BACKGROUND
Minnesota State Statute 465.03 “Gifts to municipalities” requires all donations be acknowledged
by Resolution. This memo meets Minnesota State Statutory requirements by having the City
Council formally accept the gift and recognizing the donor.
Motorists who have been arrested for impaired driving must participate in victim impact panels.
The panels are facilitated monthly and there is a $40.00 fee. Every year, the Victim Impact Panel
then donates the proceeds from those fees to a Dakota County law enforcement agency. The
Mendota Heights Police Department was selected as the beneficiary.
If accepted, the donation funds will be used towards the purchase of a Traffic Data Collection
Device. The device is portable, and will be used to determine traffic speeds and volumes at
various locations throughout the City.
A thank you letter will be sent along with a copy of the signed resolution.
BUDGET IMPACT
There is no impact on the budget this is a non-budgeted item.
RECOMMENDATION
If Council desires to implement the recommendation, a motion will need to be passed adopting
RESOLUTION NO. 2017-44 “FORMALLY ACCEPTING A GIFT OF $2,200 FROM THE
DAKOTA COUNTY VICTIM IMPACT PANEL”
page 35
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2017 - 44
FORMALLY ACCEPTING A GIFT OF $2200 FROM
THE DAKOTA COUNTY IMPACT PANEL
WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to
municipalities; and the City has previously acknowledged gifts with a resolution as required by
law; and
WHEREAS, the City of Mendota Heights encourages and supports citizens and
organizations who wish to participate in government; and
WHEREAS, the City Council of the City of Mendota Heights have duly considered this
matter and wish to acknowledge the civic mindedness of the Dakota County Victim Impact Panel
and officially recognize their donations.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City
of Mendota Heights accepts the donation of $2200.00 from the Dakota County Victim Impact
Panel to be use for the purchase of a traffic data collection device. Adopted by the City Council
of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Neil Garlock, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 36
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Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor, City Council, and City Administrator
FROM: Lorri Smith, City Clerk
SUBJECT: Public Hearing for Renewal of Liquor Licenses
COMMENT:
BACKGROUND
A public hearing has been scheduled for Tuesday evening, June 6, 2017 for hearing public comments
on the renewal of the current licenses to sell alcohol. These licenses will expire on June 30, 2017. The
City Council may conduct one public hearing and act on all of the licenses concurrently at this meeting
provided there are no negative public comments or council concerns.
DISCUSSION
Renewal applications have been received from the following licensees:
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
Haiku Japanese Bistro Inc dba Haiku Japanese 754 Highway 110
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:
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 Corporation, dba King and I Thai, 760 Highway 110
Off-Sale 3.2 percent Malt Liquor licenses:
Northern Tier Retail LLC dba SuperAmerica #4521 located at 1080 Highway 110
Northern Tier Retail LLC dba SuperAmerica #4516 located at 1200 Mendota Heights Road
Background investigations have been conducted resulting in no negative findings on the above
applicants.
Outstanding documentation - All of the required documentation has been received, except for the
following forms:
• A renewal application has not been received from Maple Tree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street
• Tommy Chicago’s Pizzeria – Certificate of Liquor Liability Insurance, Bond
Compliance Checks - Compliance checks were conducted by the Police Department on December 20,
2016. There were two alleged violations, one at Haiku and the other at The Wine Market. These would
be the first violations for both licensees within the last two years. Per the City’s fee schedule, these
licensees could receive an administrative fine of $1,000 plus a 3-day suspension of their license. It is
recommended by our City Attorney to wait until the seller has been through the court system before
assessing any administrative penalty to the licensee.
If approved, the liquor licenses would be effective July 1, 2017 through June 30, 2018.
RECOMMENDATION
Staff recommends the Mayor and City Council hold the public hearing, consider comments from the
public, and approve the issuance of the license renewals as listed above for the period of July 1, 2017
through June 30, 2018, contingent upon the City receiving the outstanding documentation from Tommy
Chicago’s Pizzeria as noted above.
The renewal of the Wine Market’s off sale license will be considered at the June 20, 2017 meeting.
page 51
Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution Denying a Zoning Code Amendment to Allow Motor Fuel Service
Stations as a Place of Sale or Resale of New or Used Motor Vehicles
[Planning Case 2017-05]
Introduction
The City is asked to consider an amendment to City Code Title 12-1D-13-3 Motor Fuel Stations and
Convenience Stores, to allow service stations to be used as a place of display, sale and/or resale of new or
used motor vehicles. The applicant is Mr. Sean Hoffmann, operator/mgr. of the BP-Mendota Heights
Auto Service station, located at 2030 Dodd Road.
Background
Motor Fuel Stations and Convenience Stores are allowed in the B-2 and B-3 Districts by means of a
conditional use permit. Under City Code Title 12-1D-13-3: Motor Fuel Stations and Convenience Stores
are subject to a standard that does not allow such places to be used for the sale/resale of vehicles.
Mr. Hoffmann is requesting the amendment in order to keep or maintain a small number of used vehicles
on his gas station/auto repair business, which would allow him the ability to seek a separate vehicle
dealer’s license from the Minnesota Department of Public Safety.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing, along with a planning report which contained an analysis, findings and staff recommendation
(attached hereto). There were no comments from the public on this item (excerpt minutes attached).
Budget Impact
There are no impacts to the city budget.
Recommendation
The Planning Commission unanimously recommended denial (by 5-0 vote) of the Zoning Code
Amendment to Allow Motor Fuel Service Stations as a Place of Sale or Resale of New or Used Motor
Vehicles. It the City Council wishes to affirm this recommendation, it should adopt RESOLUTION 2017-
39 – DENYING A PROPOSED ZONING CODE AMENDMENT TO ALLOW MOTOR FUEL
SERVICE STATIONS AS A PLACE OF SALE OR RESALE OF NEW OR USED MOTOR
VEHICLES.
Action Required
This matter requires a simple majority vote.
page 52
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-39
RESOLUTION DENYING A PROPOSED ZONING CODE AMENDMENT TO
ALLOW MOTOR FUEL SERVICE STATIONS AS A PLACE OF SALE OR
RESALE OF NEW OR USED MOTOR VEHICLES
WHEREAS, Sean Hoffmann applied for an amendment to City Code Title 12-1D-
13-3 Motor Fuel Stations and Convenience Stores, to allow service stations to be used as a
place of display, sale and/or resale of new or used motor vehicles, as proposed under
Planning Case 2017-05; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on
this matter at their regular meeting of May 23, 2017; and
WHEREAS, upon closing the hearing and follow-up discussion on this item, the
Planning Commission unanimously recommended denial (by 5-0 vote) of the Zoning
Code Amendment to Allow Motor Fuel Service Stations as a Place of Sale or Resale of
New or Used Motor Vehicles, due to the following statements or findings:
1. The display, sale and/or resale of new or used motor vehicles at these type
of business sites is not justified, would not fit, or is an appropriate activity
in these very limited business sites throughout the City;
2. The proposed amendment does not clearly address all of the necessary
regulations to prevent nuisances and mitigate potential negative impacts to
the surrounding properties; and
3. A requested ordinance has to be land use based, not user based.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council
that the code amendment request as proposed in Planning Case 2017-05 is hereby denied,
based on the finding of fact listed herein, and that such request does not meet the spirit and
intent of current land use regulation within the business zoned areas.
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
________________________________
Lorri Smith, City Clerk
page 53
Planning Staff Report
DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case No. 2017-05
Proposed Zoning Code Amendment – Allow Motor Fuel Service Stations
as a Place of Sale or Resale of New or Used Motor Vehicles
APPLICANT: Sean Hoffmann
PROPERTY ADDRESS: N/A
ZONING/GUIDED: N/A
ACTION DEADLINE: N/A
DESCRIPTION OF THE REQUEST
The City is asked to consider an amendment to City Code Title 12-1D-13-3 Motor Fuel Stations and
Convenience Stores, to allow service stations to be used as a place of display, sale and/or resale of new or
used motor vehicles. The applicant is Mr. Sean Hoffmann, manager of the BP/Mendota Heights Auto
Service station, located at 2030 Dodd Road.
This item is being presented under a duly noticed public hearing process. A notice of hearing on this item
was published in the local South-West Review newspaper.
BACKGROUND
Mr. Hoffmann began the process of applying for a Minnesota Vehicle Dealer License from the Department
of Public Safety. However, all vehicle dealer licenses require city zoning approval, which was not possible
[at this location] due to certain zoning constraints.
Currently, there are three known service stations/convenience stores located in the City of Mendota Heights:
SuperAmerica at 1080 Hwy 110; SuperAmerica at 1200 Mendota Hts. Road; and the BP at 2030 Dodd
Road. Motor Fuel Stations and Convenience Stores are allowed in the B-2 and B-3 Districts by means of
a conditional use permit. Mr. Hoffmann’s BP/Auto Service store and the SuperAmerica at 1200 Mendota
Hts. Road are located in the B-3 General Business District, while the SuperAmerica at 1080 Hwy 110 is
located in the B-2 Neighborhood Business Zone.
Under City Code Title 12-1D-13-3: Motor Fuel Stations and Convenience Stores are subject to the
following standards:
page 54
F. Storage and Sale of Vehicles and Products:
1. All rental campers, trailers, or motor vehicles shall be stored within the rear and/or side
yard not adjacent to the street.
2. Service station premises shall not be used as a place of storage for wrecked, abandoned or
junked automobiles. No motor vehicle in need of repair shall be stored on the premises of
a service station for a continuous period of more than seven (7) days, except when so
stored pursuant to a police directive.
3. Open storage of inoperable motor vehicles shall not be permitted for a period of more
than forty eight (48) hours.
4. Service station premises shall not be used as a place of sale or resale, or as a place for
display for sale or resale, of new or used motor vehicles, trailers or campers.
5. All goods for sale by the motor fuel station or convenience store shall be displayed within
the principal structure. There shall be no outside display or sales.
6. Tires for sale shall not be stored or displayed outside the service station structure, except:
a) in a display rack during business hours; or b) in a permanent outside display container
located in conformance with the setback requirements of this chapter and completely
enclosable. Such display container shall be closed when the station is not open for
business.
As highlighted above, these service stations are not allowed to display or have for sale/resale any vehicles
on the premises.
City Code is very strict and limited to an allowance of automobile sales within the city. Under Title 12-1F-
4, limited auto sales are permitted only in the B-3 District as follows:
“Automobile and other vehicles of transportation sales when conducted entirely within
a building.”
Mr. Hoffmann has indicated in his narrative that they are responding to a customer demand to help find or
broker a vehicle for personal use. Mr. Hoffmann further states: “With a dealer license [we] will be able
to gain access to the dealer auction vehicles and be able to pass significant savings on to customers, and
be able to buy wholesale, inspect the vehicle, and sell for a nominal fee over what we pay, saving
customers thousands over what they'd pay at a dealership.” Mr. Hoffmann also stated they have no
interest in maintaining an inventory or have “For Sale” signs on said vehicles.
ANALYSIS
The requested code amendment could be made as easy as the following text revisions:
4. Service station premises shall not can be used as a place of sale or resale, or as a place for
display for sale or resale, of new or used motor vehicles, trailers or campers.
Additional standards could be added underneath as follows:
4. Service station premises shall not can be used as a place of sale or resale, or as a place for
display for sale or resale, of new or used motor vehicles, trailers or campers, subject to the
following additional standards:
a. No vehicles shall be marked or have any visible signs indicating “For Sale” or similar;
b. Vehicles for sale under this provision will be limited to no more than [ XX - number
determined by the Planning Commission) vehicles on the site;
page 55
c. Vehicles for sale shall not be placed in any front yard setback (including a corner front
yard) of the subject property, and vehicles must be stored in an inconspicuous area of the
property as approved by the Zoning Administrator;
As the Commission is probably well aware, the City of Mendota Heights does not have any auto dealerships
inside the city limits. There are a number of large-scale automobile dealerships nearby in West Saint
Paul/Inver Grove Heights near the Hwy 110/I-494 interchange; a number of small scale used car dealerships
in West St. Paul along the Robert Street corridor; and similar used car dealerships along Concord Street in
South St. Paul.
In researching other surrounding and various metro area communities’ ordinances, it does not appear other
cities generally permit or allow gasoline service stations and/or convenience stores to display or sell
vehicles on these properties. In fact, almost no cities in the area allow such activity on these types of
properties. Some cities do allow car sales (both new and used) in certain zoning districts, which are mostly
commercial or in some cases industrial in nature.
There appears to be a small number of used car shops along Robert and Concord that may have been where
a former gas station once existed (as seen in images below); but they appear to have all remnants of the gas
station operations missing or removed, and now simply converted over to a display area for vehicles.
A & M Auto – 845 Robert St. Auto Latino – 745 Robert St. MFK Ent. – 830 Robert St.
ALTERNATIVES
Following the public hearing and further discussion, the Planning Commission may consider the following
actions:
1. Recommend approval of DRAFT Ordinance 5XX as presented or as amended by the Commission.
OR
2. Recommend denial of DRAFT Ordinance 5XX with certain findings.
OR
3. Table the request, pending additional information as requested by the Planning Commission and
direction to city staff to make certain added revisions as needed before final consideration is given
by the Commission.
page 56
STAFF RECOMMENDATION
This code amendment request by Mr. Hoffmann is somewhat personal and very much tailored to his own
special needs or individual business operations; and it appears to only benefit a very small segment of the
commercial business population inside the city, which at this time is only 3 motor fuel stations. It is
probably safe to state (and assumed) that the two other SuperAmerica stores would not allow or even want
to have vehicle displays or sales on their sites, since this activity is nowhere evident or known to staff on
any respective locations throughout the metro region or beyond; and would seem very much out of character
for these convenience type fuel stores.
The reality is that by allowing such vehicles sales at these locations, it may become an ongoing (and
frustrating) issue to police and monitor the numbers of vehicles on the site, or pose a constant generator of
complaints from residents when standards are not being met regarding auto sale display or activity.
With these concerns, and since the City of Mendota Heights already limits auto sale uses to only “inside a
building”, Staff is recommending the Planning Commission deny the request to amend City Code Title 12-
1D-13-3 to allow service stations to be used as a place of display, sale and/or resale of new or used motor
vehicles.
SUGGESTED ALTERNATIVE
Should the Planning Commission view some small amount of merit to the Applicant’s request to offer sales
of a limited nature at this single service station site only, an alternative not listed above is the Applicant
may ask to amend their original conditional use permit by means of a variance to this City Code provision.
If the Planning Commission was willing to accept this alternative, you can provide some initial comment
or feedback to the Applicant during the hearing, but should not render any final recommendation until a
separate variance application is presented for full review. If the Planning Commission does not support
any type of vehicle sales activity on this or other similar sites, then you should make that known to the
Applicant.
MATERIALS INCLUDED FOR REVIEW
1. DRAFT Ordinance 5XX
2. Planning application, including supporting materials
page 57
CITY OF MENDOTA HEIGHTS 1
DAKOTA COUNTY, MINNESOTA 2
3
ORDINANCE NO. 5XX 4
5
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE D. 6
GENERAL ZONING PROVISIONS TO ALLOW MOTOR FUEL SERVICE STATIONS 7
AS A PLACE OF SALE OR RESALE OF NEW OR USED MOTOR VEHICLES 8
9
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 10
11
Section 1. 12
13
Title 12-1D-13-3 Motor Fuel Stations and Motor Fuel Station Convenience Stores is hereby amended as 14
follows: 15
16
F. Storage and Sale of Vehicles And Products: 17
18
4. Service station premises shall not can be used as a place of sale or resale, or as a place 19
for display for sale or resale, of new or used motor vehicles, trailers or campers, subject 20
to the following standards: 21
22
a. No vehicles shall be marked or have any visible signs indicating “For Sale” or 23
similar; 24
25
b. Vehicles for sale under this provision will be limited to no more than XX number of 26
vehicles on the site; 27
28
c. Vehicles for sale shall not be placed in any front yard setback (including a corner front 29
yard) of the subject property, and vehicles must be stored in an inconspicuous area of 30
the property as approved by the Zoning Administrator. 31
32
Section 2. 33
34
This ordinance shall be in effect from and after the date of its passage and publication. 35
36
Adopted and ordained into an ordinance this 20th day of June, 2017. 37
38
CITY COUNCIL 39
CITY OF MENDOTA HEIGHTS 40
41
42
43
Neil Garlock, Mayor 44
ATTEST 45
46
47
___________________________ 48
Lorri Smith, City Clerk 49
page 58
;
1101 Victorici Cwv1;? I Mendot;; H9!9bts, MN 5511 8
6S1AS2.1$50 phone I G51.<152.3940 fa x
www.rni>.ndola-i·1i>.i9ht~ .. cc1)l
<.. ' -l}B1 c "v o> i~;-,, :·i ':: MENDDT A HEIGHTS
PLANNING APPLICATION
Office Use .Only: ·.
case #: -·· 2-airz ... 0 f) Fee Paid:_· ___.____;,,,,,,,,;____.___7_.'SV_-_o_o __ _
Application Date :_;,_: _,_L/ __ .~'l.._·,..._,_'!_/l.__-_• _· ______ ·_. Staff Initials: __________ _
Applica_ ble Ordinance#: It.., iD--l 3: 3 Section:.
' ... ·.: .. ----_,--,-_ ----------
' ExistingZqrii~9 :.,..:.,..":· .. .,..:.,..·' .;....,-.,...,.._,....-"---_·. ·-· ----~---·--··_· ..,.. __ ·._ .. proposed Zc:>ning:_.''·'---<--••: __ .. ----------------~~~~~
,. Exi~tirig ,q ~~:(_ .;,.;.__.;._.;,_;......._ __ ·_ ..... _ .. ,,_,:.:._ ...... '--"'--·:: """' ... ·_· .. '--.. ·--· _·'_'··· · Propos~~ Q~-~:< __ :_-.-.·---'---------------
Property Address/Street Location:2030 Dodd Rd Mendota Heights MN 55120
Applicant Name: Sean Hoffmann Phone:651-454-5622
Applicant E-Mail Address:2030service@gmail.com
Applicant Mailing Address: 711 Woodridge Dr Mendota Heights MN 55118
Property Owner Name: Jeffrey Wieland Phone: 612-790-8824
Property Owner Mailing Address: 2030 Dodd Rd Mendota Heights MN 55120
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
PT OF W 1/2 OF NW 1/4 OF SW 1/4 COM ON CEN TH #49 275 FT SW OF INT TH #100 SE AT 900 143 FT SW AT 900
117 FT NW 149.29 FT TO CENT TH #49 NE ON CEN 159.9 FT TO BEG SUBJ TO TH #49 PIN 27-02500-50-020
Type of Request:
D Rezoning D Conditional Use Permit D Interim Use Permit
D Variance D Wetlands Permit D Preliminary/Final Plat Approval
D Lot Split/Adjustment D Critical Area Permit D Comprehensive Plan Amendment
Iii Code Amendment D Appeal D Other
I hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and age~n=e above property during daylight hourn.
~~ -.3./-:to/,7
Signatur of Applicant r I Date
~·~ -e os.fw)2Dl3-
~':~ --\ () ' Date
~~ ~ ~1~0/d-0\'-\
Signature of Owner (if more than one) Date
Planning Application (modified 61112016) Page 1of1
page 59
bp
April 4, 2017
City Of Mendota Heights
1101 Victoria Curve
Mendota Heights , MN 55118
To Whom It May Concern:
Wieland Inc.
2030 Dodd Rd
St. Paul, MN 55120
(651) 454-5622
Fax (651) 454-6230
We are looking into getting our automotive dealer license . Requests for help are brought to us on
average once or twice a month of a customer looking for a vehicle.
Our normal practice is to send them to a car dealership where they don't know anyone or trust
anyone. Most of the time people already know what they are looking for in a vehicle and even
more specific than that. With a dealer license will be able to gain access to the dealer auction
vehicles & be able to pass significant savings on to customers be able to buy wholesale, inspect
the vehicle, and sell for a nominal fee over what we pay, saving customers thousands over what
they'd pay at a dealership. Our business of vehicle repair has been in place for 50 years in the
same location. We find keeping the business local has been a great benefit.
I understand the hesitancy to approve a dealership code amendment for this idea, but we have
zero interest of maintaining any vehicle inventory hand nor will have any "for sale" signs on
vehicles on the property. We don't want to be a "car dealership". Sole interest is for availability
to source vehicles for customers. Having zero inventory or dealership building to pay for we can
keep costs to a minimum. We would like to be able to fill this need for our customers.
We look forward to working with the city on language for a code amendment that would have
provisions protecting the city and accomplish this request.
I will follow this letter up with a phone call.
Thank you for your consideration
Sean Hoffmann
Manager
page 60
Uses
Fee Owner
JEFF & DAWN WIELAND
Mailing Address
2030 DODD RD
MENDOTA HEIGHTS MN 55120
Address
2030 DODD RD
Municipality
MENDOTA HEIGHTS
$0.00
COMMERCIAL-
PREFERRED ·Water Acres
Plat SECTION 25 TWN 28 RANGE 23
Lot and Block 25 28 23
PT OF W 1/2 OF NW 1/4 OF SW 1/4 COM ON GEN
TH # 49 275 FT SW OF ITS INT WITH TH # 100 SE
Tax Description AT 90D 143 FT SW AT 90D 117 FT NW 149.29 FT
TO GEN TH # 49 NE ON GEN 159.9 FT TO BEG
SUBJ TO TH #49
,,,,,~.,,, .....
i . ···········································201t••~~fi~I~i~fi~r~:~~~i~~~i~~<ea,¥a,~I~~~1·~l~ ....
1 Building Type
! Building Style
Frame
SERVC STN !Year Built 1966 'Bedrooms
·Foundation Sq Ft NOT APPL 1 Bathrooms
Above Grade Sq Ft Garage Sq Ft
Homestead
197 LOWER MISSISSIPPI
0
0.00
............. ········· .......................... .
2017 Land Values (payable 2018)
;2017 Building Values (payable 2018)* . . .
2017 Total Values (payable 2018)*
2016 Total Values (payable 2017)*
Net Tax (payable 2017)
$13,384.38
$220,300.00i
$218,800.001
$439,100.00:
$431,800.00
... , ... ,,.,.,, .. ,.,,,,.,..,,.,.,.,.,,,,.,,,,,,,.,,,,, ... ,,,,.,,,.,.,,,,.,, .... , .. , . ., ... ,, .. ,,,,, .. ,,,., .. ,, ..• ,,..,.,,,., .. ,,.,.,,,,,. . .,.,.,,.,, .. ,._,, ... ,..,, ... ..,
t=>r~P~~Y!<t>C l~f<?r~<tti()n ...
Special Assessments (2017)
$0.00
* Manufactured Homes Payable the Same Year as Assessment.
Parcel data current as of 03/29/2017 Dakota County, MN
Estimated
$220,300.00
$218,800.00
$439, 100.00
$431,800.00
Total Tax & Assessments (2017)
$13,384.38
Page 1 of 2
~
page 61
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
May 23, 2017
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 23,
2017 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 Howard
Roston, Michael Noonan, Doug Hennes, and Brian Petschel. Those absent: Mary Magnuson and
Christine Costello
Approval of Agenda
Chair Field proposed that the hearings take place in the following order: A) Case 2017-05, B)
2017-06, C) 2017-07, E) 2017-09, F) 2017-10, and D) 2017-08.
Revised Approved with 5 AYE votes.
Approval of April 25, 2017 Minutes
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER ROSTON TO
APPROVE THE MINUTES OF APRIL 25, 2017, WITH THE CORRECTION THAT
COMMISSIONER COSTELLO WAS ABSENT
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Hearings
A) PLANNING CASE #2017-05
MR. SEAN HOFFMANN, MANAGER BP/MENDOTA HEIGHTS AUTO SERVICE
STATION, 2030 DODD ROAD
PROPOSED ZONING CODE AMENDMENT – ALLOW MOTOR FUEL SERVICE
STATIONS AS A PLACE OF SALE/RESALE OF NEW OR USED MOTOR VEHICLES
Planner Tim Benetti explained that Mr. Sean Hoffmann, the local manager of the BP/Mendota
Heights Auto Service Station on the corner of Dodd Road and Highway 110, approached staff and
informed them that he was in the process of obtaining a motor vehicle dealer license. His desire is
to provide for that service or operation at the local business. Unfortunately, City Code Title 12-
1D-13-3, standard F4 currently states that ‘service station premises shall not be used as a place of
sale or resale, or as a place for display for sale or resale, of new or used motor vehicles, trailers or
campers.’ Mr. Hoffmann is requesting an amendment to the code.
page 62
The standards listed under this portion of the City Code are applicable to other service stations.
The City has one full service station and two convenient store type gas stations. Planner Benetti
also noted that under Title 12-1F- 4, limited auto sales are permitted only in the B-3 District as
follows: “Automobile and other vehicles of transportation sales when conducted entirely within a
building.” This is why there are not large scale auto dealerships, such as the ones seen on Highway
110 in Inver Grove Heights or in West St. Paul.
Mr. Hoffmann explained in his request that he wants to be very limited; he does not want to turn
this into a used car lot. Planner Benetti this would open up the door to a lot of vehicles on the site.
Staff suggested, for the report process, Mr. Hoffmann should modify the request with conditions;
such as, no vehicles shall be marked or have any visible signs indicating “For Sale’ or similar;
vehicles for sale under this provision will be limited to more than _____ [number determined by
the Planning Commission] vehicles on the site; vehicles for sale shall not be placed in any front
yard setback (including a corner front yard) of the subject property, and vehicles must be stored in
an inconspicuous area of the property as approved by the Zoning Administrator.
Upon researching, Planner Benetti was unable to find other communities in the metro area that
would allow gasoline service stations and/or convenience stores to display or sell vehicles on these
properties.
Staff recommended that the Planning Commission recommend denial of this application.
However, the Planning Commission could give some direction or guidance or input as to whether
or not, as alternative, would they allow the applicant to ask for a variance to the Conditional Use
Permit that was approved for the site.
Commissioner Petschel, noting a paragraph of page 3 of the staff report stating that “it does not
appear other cities generally permit or allow gasoline service stations and/or convenience stores to
display or sell vehicles,” asked if any other information has been discovered since the issuance of
the report. Planner Benetti replied that during his search he was unable to see that any allowances
were made for auto sale uses and nothing new has been revealed since the preparation of this
report.
Mr. Sean Hoffmann came forward and addressed the Commission. He stated that he is trying to
obtain his dealers license to gain access to the wholesale auto auctions. Usually once or twice a
month he has a customer asking for a) where can I get a used car, b) can you help me find a vehicles
for my son, daughter, wife, or myself. It is his desire to cater to these customers. To obtain a
dealers license the property needs to be zoned properly, which is why he is making this request.
He believes there is a need for this in Mendota Heights.
Commissioner Noonan, referencing the comment about needing this approval to obtain his dealers
license, asked if he had to have an actual location or could he just hold a dealers license. Mr.
Hoffmann replied that, per Minnesota law, he has to have a brick & mortar store where it is
permissible to sell vehicles. He has no plans of keeping vehicles on the lot with flags and neon
signs, or anything like that.
page 63
Commissioner Noonan asked, if the Commission were to recommend the conditions stated above
and inserted ‘zero’ in the blank spot, if that would work for him. Mr. Hoffmann replied in the
affirmative. If someone comes to him he wants to be able to purchase the vehicle from the
wholesaler, inspect the vehicles at his location, and be able to pass that onto the customer at
significant savings to that customer. He anticipated that the longest a vehicle would be on his site
would be overnight – but it would not be sitting out on his lot with a “For Sale” sign on it.
Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
RECOMMEND DENIAL OF PLANNING CASE 2017-05, THE REQUEST TO AMEND CITY
CODE TITLE 12- 1D-13-3 TO ALLOW SERVICE STATIONS TO BE USED AS A PLACE OF
DISPLAY, SALE AND/OR RESALE OF NEW OR USED MOTOR VEHICLES BASED ON
THE FOLLOWING FINDINGS OF FACT:
1. Amending the zoning code is not in the best long-term interest of the City of Mendota
Heights
2. It is not consistent with the land use and zoning in the area
Commissioner Petschel stated that he has no problem with someone wanting to be a broker on
their own property. The question is whether or not the language can be changed in the ordinance
so the City does not end up with someone purchasing Mr. Hoffmann’s business and putting 10
cars on their lot and selling them; aside from limiting the number of vehicles.
Commissioner Hennes agreed and commented that this could become a popular thing; it could
become known as a place where a resident could sell their car.
Commissioner Noonan stated that the lot is currently a busy lot; and it is not just this lot, this would
apply to the other gas station lots as well. Changing the ordinance would change the nature of
those operations. If the ordinance speaks for itself in terms of how the City wants to see car
dealerships or car operations handled, then there is no reason to change it.
Commissioner Roston stated that, as stated in the staff report, it is true that the other two stations
are both Super America, and it is unlikely that Super America is going to ever get into this type of
business, but they could also sell out. He also believed that it would be somewhat disingenuous to
amend an ordinance to allow the sale or resale of cars and then to say you cannot have any cars on
the lot.
page 64
Chair Field noted that one alternative staff recommended was to take more time and look at the
possibility of a variance. The question was asked how the variance would make the situation any
different; and would it meet the variance rules. Commissioner Noonan stated that if it does not
stand the test with satisfying the Commission with respect to use, giving it more time is not going
to change things.
Planner Benetti noted that there is a fine line for allowing a variance for a use, because “use
variances” are not permitted by state law. If the Commission wanted to explore an alternative, he
would want to get the City Attorney involved.
Commissioner Petschel stated that it appears that no one wants a used car lot; however, is there a
desire to see someone with the ability to act as a broker for used cars as part of their business.
Commissioner Roston stated that personally he likes the station, he goes to the station and believes
that Mr. Hoffmann is a good operator and he does not have any problem with him having a broker’s
license. The Commission should do whatever it can to encourage whatever business he can;
however, he does not believe this fits here. If there was a way to accommodate his broker license
without having the change the ordinance, he would be in favor of that. He just did not know how
to get there with the existing state law.
Commissioner Noonan noted that even if the Commission adopted the motion to denial, there is
nothing that preclude the pursuit of the sustainable brokerage license. Even if it came back and
they want a brick & stick home, he was unsure that there was support by the Commission for it.
Planner Benetti stated that on the application for the motor vehicles dealers’ license, there is a
zoning approval area where he would have to indicate that it meets the zoning or it does not.
Typically, the other brokerages licenses that he has signed off on, they were typically run out of
an office building or an office suite. The understanding was that, because they were only brokering
from party A to party B, he could write ‘absolutely no parking or display of vehicles would be
allowed at this site’ because that was not allowed. As an office brokerage use, the state will accept
that if the City limited it; however, it had to be provided for in the underlying zoning ordinance
that the activity or use would be permitted in that district.
Commissioner Roston also pointed out that the ordinance has to be land use based, not user based.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 6, 2017 meeting.
page 65
Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution Approving a Lot Line Adjustment for Dodge Nature Center - 656
HWY. 110 [Planning Case 2017-06]
Introduction
Thomas Irvine Dodge Nature Center requests consideration of a simple lot line adjustment to a parcel
located inside the Dodge Nature Center area.
Background
Dodge Nature Center intends to readjust the lot line along the westerly boundary area of the subject
parcel, which would result in a separate parcel to be acquired and sold to Dakota County for the Mendota-
Lebanon Hills Regional Greenway.
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. The request requires City Council approval before being recorded by Dakota
County.
Dakota County intends to provide this land as part of a trail connector leading to a newly proposed tunnel
system running underneath the soon to be reconstructed segments of Highway 110. The trail will tie into
the trail system on the north side of HWY 110.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing, along with a planning report which contained an analysis, findings and staff recommendation
(attached hereto). At the public hearing, a few comments and questions from neighboring residents were
noted for the record, with no objections to this item (excerpt minutes attached).
Budget Impact
There are no impacts to the city budget.
Recommendation
The Planning Commission unanimously recommended approval of the request (5-0 vote) with conditions,
as described in the report for Planning Case 2017-06 and in the proposed resolution. If the City Council
wishes to affirm this recommendation, it should adopt RESOLUTION 2017-40 APPROVING A LOT
LINE ADJUSTMENT for DODGE NATURE CENTER, LOCATED AT 656 HIGHWAY 110.
Action Required
This matter requires a simple majority vote.
page 66
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-40
RESOLUTION APPROVING A LOT LINE ADJUSTMENT
FOR DODGE NATURE CENTER
(LOCATED AT 656 HWY. 110)
WHEREAS, Thomas Irvine Dodge Nature Center request consideration of a simple lot
line adjustment to a parcel located inside the Dodge Nature Center area, as proposed under
Planning Case No. 2017-06 and for the property described in attached Exhibit A; and
WHEREAS, the Dodge Nature Center intends to readjust the lot line along the westerly
boundary area of the subject parcel, which would result in a separate parcel to be exclusively
acquired by and sold to Dakota County for the Mendota-Lebanon Hills Regional Greenway; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of May 23, 2017.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the lot line adjustment to a parcel located inside the Dodge Nature Center area as proposed under
Planning Case No. 2017-06, is hereby approved with the following findings of fact:
A. The proposed lot line adjustment request meets the purpose and intent of the City
Code and can be considered consistent with the Comprehensive Plan.
B. The purpose of this request is to create a separate parcel to be sold by Dodge
Nature Center to Dakota County for the Mendota-Lebanon Hills Regional
Greenway, which would help facilitate the completion of a new trail link and
tunnel underneath Highway 110.
C. Approval of the requests will have no visible impact on either property and will
not negatively impact the character of the neighborhood.
D. Approval of this lot line adjustment and creation of this new tract of land will
have little, if any impact upon the neighboring properties, the residual parcel, or
the overall use, enjoyment and purpose of the entire Dodge Nature Center area.
E. The proposed adjustment will not cause any non-conformities on either parcel,
based on the applicable zoning district standards.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot line
adjustment request as proposed in Planning Case No. 2017-06 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 line adjustment with Dakota
County.
page 67
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
_________________________
Lorri Smith, City Clerk
page 68
EXHIBIT A
Property Address: 656 HWY 110, Mendota Heights MN
PID: 27-02500-75-011
Legal Description: N 1/2 OF NW 1/4 OF SE 1/4 FORMERLY KNOWN AS LOTS 9 THRU
12 EUREKA OUTLOTS EX COM INT S LINE HWY #100 & E LINE S
22.5 FT S 23D 59M W 246 FT TO PT 100 FT W OF E LINE W 210 FT
N 247 FT TO S LINE HWY #100 E ON HWY 310 FT TO BEG & NE
1/4 OF SW 1/4 FORMERLY LOTS 13 THRU 20 EUREKA OUTLOTS
EX PT IN HWY & EX PT TO CHURCH, SECTION 25 TWN 28
RANGE 23
Legal Description of the Dodge Nature Center fee purchase (97-151)
That part of the Northeast Quarter of the Southwest Quarter of Section 25, Township 28 North,
Range 23 West, Dakota County, Minnesota described as follows:
Beginning at the northwest corner of said Northeast Quarter of the Southwest Quarter of Section
25; thence South 00 degrees 11 minutes 48 seconds East assumed bearing along the west line of
said Northeast Quarter of the Southwest Quarter a distance of 1181.00 feet; thence North 25
degrees 13 minutes 21 seconds East a distance of 432.39 feet; thence North 06 degrees 02
minutes 37 seconds East a distance of 576.24 feet; thence North 50 degrees 28 minutes 12
seconds East a distance of 154.42 feet; thence South 85 degrees 07 minutes 57 seconds East a
distance of 366.80 feet to the west line of Lot 1, Block 1, MENDOTA HEIGHTS CHURCH
ADDITION, according to the recorded plat thereof; thence North 00 degrees 02 minutes 47
seconds West along said west line of Lot 1 a distance of 152.33 feet to the north line of said
Northeast Quarter of the Southwest Quarter of Section 25; thence South 89 degrees 47 minutes
23 seconds West along said north line of the Northeast Quarter of the Southwest Quarter of
Section 25 a distance of 733.43 feet to point of beginning.
page 69
DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case 2017-06
Lot Line Adjustment
APPLICANT: Jason Sanders/Thomas Irvine Dodge Nature Center
PROPERTY ADDRESS: 656 Highway 110
ZONING/GUIDED: R-1A One-Family Residential/RR-Rural Residential
ACTION DEADLINE: June 13, 2017 (60 days)
DESCRIPTION OF THE REQUEST
Mr. Jason Sanders with the Thomas Irvine Dodge Nature Center request consideration of a simple lot line
adjustment to a parcel located inside the Dodge Nature Center area. Dodge Nature Center intends to
readjust the lot line along the westerly boundary area of the subject parcel, which would result in a separate
parcel to be acquired and sold to Dakota County for the Mendota-Lebanon Hills Regional Greenway.
Dakota County intends to provide this land as part of a trail connector leading to a newly proposed tunnel
system running underneath the soon to be reconstructed segments of Highway 110. The trail will tie into
the trail system on the north side of HWY 110.
This item is being presented under a duly noticed public hearing process. A notice of hearing on this item
was published in the local South-West Review newspaper; and notice letters of this hearing were mailed to
all owners within 350-feet of the affected parcel.
Staff responded to two adjacent owners inquiring of the lot line adjustment; both of whom did not indicate
or register any objection to this item.
BACKGROUND
The Dodge Nature Center, located in the heart of Mendota Heights and West St. Paul and, was one of the
first natural area protection efforts in Dakota County and one of the first nature centers in the state of
Minnesota. Dakota County acquired a 156-acre permanent conservation easement on the Rachel C. Lilly
Preserve property south of Highway 110 in Mendota Heights in May 2008.
Dodge Nature Center provides a diverse landscape to explore, including prairies, hardwood forests, a 30-
acre lake, wetlands, hiking trails, a working farm, an orchard and a bee apiary. The property is a key link
in the northern Dakota County Greenway that has the potential to tie Pine Bend Bluffs and Lebanon Hills
Regional Park together with the Mississippi River in Lilydale.
page 70
Dakota County has provided a certificate of survey map (attached hereto) that illustrates the 6.63 acre parcel
to be created under this lot line adjustment process. This tract of land will be separated from the original
52.02 acre parcel identified under Dakota County Property Records. The proposed sale and eventual
installation of the trail and tunnel system is not affected by this existing permanent conservation easement.
ANALYSIS
Comprehensive Plan
The subject parcel, and virtually all areas of the Dodge Nature Center are guided RR-Rural Residential in
the 2030 Comprehensive Plan. The lot line adjustment and newly created acquisition parcel will be used
for trail and open space purposes, which is consistent with the overall intent of the underlying land use
designation in this preserved natural environment.
Lot Line Adjustment
Title 11-1-5.C of the City Code (Subdivision Ordinance) allows lot line adjustments to take place, provided
the following standards are met:
Lot line adjustment request to divide a lot which is a part of a recorded plat where the division is to
permit the adding of a parcel of land to an abutting lot and the newly created property line will not
cause the other remaining portion of the lot to be in violation with this title or the zoning ordinance.
The 6.53 acre section of land to be separated and created under this lot line adjustment will not affect or
hinder the overall use and purpose of the remaining 45.5 acre parcel. The property to be acquired will be
used by Dakota County to complete a much needed public improvement, which will accommodate the
space to complete a new trail and underpass tunnel system. The trail/tunnel will provide for the overall
general welfare, enjoyment and safety of residents, visitors and users in this area.
For all intents and purposes, this lot line adjustment and creation of this new tract of land will have little, if
any impact upon the neighboring properties, the residual parcel, or the overall use, enjoyment and purpose
of the entire Dodge Nature Center area.
ALTERNATIVES
1. Recommend approval of the lot line adjustment, based on the attached findings of fact, with
conditions.
OR
2. Recommend denial of the lot line adjustment, based on the findings of fact that the proposed
adjustment is not consistent with the City Code or Comprehensive Plan and will have a negative
impact on surrounding properties.
OR
3. Table the requests.
STAFF RECOMMENDATION
Staff recommends approval of the lot line adjustment based on the attached findings of fact (Alternative 1),
with the condition that the appropriate documents are recorded with Dakota County.
MATERIALS INCLUDED FOR REVIEW
1. Site map/Site photos
2. Certificate of Survey/Acquisition Map
3. Planning applications, including supporting materials
page 71
FINDINGS OF FACT FOR APPROVAL
Lot Line Adjustment
656 HIGHWAY 110
The following Findings of Fact are made in support of approval of the proposed requests:
1. The proposed lot line adjustment request meets the purpose and intent of the City Code and can be
considered consistent with the Comprehensive Plan.
2. The purpose of this request is to create a separate parcel to be sold by Dodge Nature Center to
Dakota County for the Mendota-Lebanon Hills Regional Greenway, which would help facilitate
the completion of a new trail link and tunnel underneath Highway 110.
3. Approval of the requests will have no visible impact on either property and will not negatively
impact the character of the neighborhood.
4. Approval of this lot line adjustment and creation of this new tract of land will have little, if any
impact upon the neighboring properties, the residual parcel, or the overall use, enjoyment and
purpose of the entire Dodge Nature Center area.
5. The proposed adjustment will not cause any non-conformities on either parcel, based on the
applicable zoning district standards.
page 72
1101 Victoria Curve | Mendota Heights, MN 55)18
651,'152.1850 phone I 651.452,80'IQ fax
www.iTieridota-hel(]ht!>-coni
mj CITY OFMENDOTA HEIGHTS
PLANNING APPLICATION
Office Use Only:
Case #:_
Application Date:
Applicable Ordinance #:_
Existing Zoning:_
Existing Use:
Fee Paid:
Staff Initials:
Section:
Proposed Zoning:
_Proposed Use:_
Property Address/Street Location:365 Marie Avenue West, Mendota Heights, MN
Applicant Name:Jasc)nsanders _Phone:651-455-4531
Applicant E-Mail Address: Jsanders@dodgenaturecenter.org
Applicant Mailing Address:356 Marie Avenue, West St. Paul, MN 55118
Property Owner Name:Thomas lrvine DodQe Foundation phone: 651-789-5235
Property Owner Mailing Address:356 Marie Avenue, West St. Paul, MN 55118
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
270250075011- See attached legal for new parcel request- Exhibit A
Type of Request:
a Rezoning
a Variance
H Lot Split/Adjustment
a Code Amendment
Q Conditional Use Permit 1-1 Interim Use Permit
a Wetlands Permit Q Preliminary/Final Plat Approval
a Comprehensive Plan Amendment
a Other
a Critical Area Permit
a Appeal
hereby declare that all statements made in this request and on the additional material are true.
I further authorize City Officials and agents to in^p^ct tpeTa^ove property during dayJight hours.
^,.7
Date
Signature ofOwner
'^-7
Date
Signature of Owner (if more than one)Date
Planning Application (modified 6/1/2016)Page 1 of 1
page 73
^^^^-^
DODGE
NATURE CENTER
1967-2017
Tim Benetti
Community Development Director
CityofMendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
April 14, 2017
Dear Mr. Benetti,
Thomas Irvine Dodge Foundation would like to submit this letter of request to split the 6.53 acre parcel
identified as ID270250075011 and highlighted in the enclosed documents. Our intention is to then sell
the above mentioned parcel to Dakota County for the Mendota Lebanon Hills Greenway.
Please see attached application and Exhibit A, which outlines the legal description.
Providing Exceptional Experiences in Nature through Environmental Education
Thomas Irvine Dodge Nature Center 365 Marie Ave. W, West St. Paul, MN 55118
651.455.4531 DodgeNatureCenter.org
Please consider Dodge Nature Center in your will.
Nourish Your Need
FOR NATURE
page 74
DAKOTA COUNTY CERTIFICATE OF SURVEY
.NORTHWEST CORNER/~NE 1/4 OF THE SW 1/4
S89*47'23"W
NORTH UNE OF.NE 1/4 OF THE SW 1/4 ~\
STATE TRUNK HiGi-1'vVAY ?',!0, 110
UTILITY EASEMENTy' PER DOC. NO. 3186929
^.^ - l. '.
c/'. ~i'"' ~-<-
1,'--^..^'^^ ^ /y ,^^<f^ /' /'la / /DAKOTA COUNTTCONSERVATION EASEMENT-PER DOC.NO 258B911
CIT/ of M.H. 30 FT.SEWER EASEMENTPER DOC. NO. 398253
LEGAL DESCRIPTION
•Pg. 503, Bk. 83 MR.
PdjB 412
J
CAREA=6.53 ACRES')
That part of the Northeast Quarter of the Southwest Quarter of Section 25,
Township 28 North, Range 23 West, Dakota County, Minnesota described as
follows:
Beginning at the northwest corner of said Northeast Quarter of the Southwest
Quarter of Section 25; thence South 00 degrees 11 minutes 48 seconds East
assumed bearing along the west line of said Northeast Quarter of -the Southwest
Quarter a distance of 1181.00 feet; thence North 25 degrees 13 minutes 21
seconds East a distance of 432.39 feet; thence North 06 degrees 02 minutes
'^fiS°f°°ad8 37. s,econds E:aat c; distance of 576.24 feet; thence North 50 degrees 28
a ' minutes 12 seconds East a distance of 154.42 feet; thence South 85 degrees
07 minutes 57 seconds East a distance of 366.80 feet to the west line of Lot
1, Block 1, MENDOTA HEIGHTS CHURCH ADDITION, according to the recorded plat
thereof; thence North 00 degrees 02 minutes 47 seconds West along said west
line of Lot 1 a distance of 152.33 feet to the north line of said Northeast
Quarter of the Southwest Quarter of Section 25; thence South 89 degrees 47
minutes 23 seconds West along said north line of the Northeast Quarter of the
Southwest Quarter of Section 25 a distance of 733.43 feet to point of
beginning.
I HEREBY CERTIFY THAT THIS SURVEY, PLAN OR REPORT WA;PREPARED BY ME OR UNDER MY DIRECT SUPERVISIONI AM A DULY REGISTERED LAND SURVEYOR UNDER UE^
OF THE STATE OF MINNESOTA.
A^ .;%t^'
TODD B. TOLLEFSOjMINNESOTA LIC£
DATED THIS
LEGEND
0 SET MONUMENT
2017
COORDINATES AND BEARINGS ARE REFERENCED TO THE
DAKOTA COUNTl' COORDINATE SYSTEM (N.A.D. 1983 1986 ADJ).
1QO_
SCALE IN FEET
0
LOCATION
SEC
NW
sw
25 T28N
1/4
SITE
|l/4
NE
SE
NO SCALE
MAP
R23W
1/4
1/4
CS 415
page 75
Dodge Nature Center - 656 HWY 110
BasemapProperty Information
May 3, 2017
0 450 900225 ft
0 130 26065 m
1:4,800
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
page 76
FRIENDLY HILLS
REARRANGEMENT
JEFFERSON
HEIGHTS
MENDOTA
HEIGHTS CHURCH
ADDITION
MENDOTA HEIGHTS
SENIOR HOUSING
ADDITION
MENDOTA
HEIGHTS
TOWN CENTER
MENDOTA
PLAZA
EXPANSION
MORTENSENS
ADDITION
®A110LINDEN STOAK STAZTEC LNMAIN STSO UT H P L A ZAD RM A RK E T S T
HIGHWAY 110
FRONTAGE RDHIGHWAY 110
DODGE NATURE CENTER
Dodge Nature Center Acquisition Project 97-151
Acquisition Area (6.53 ac.)
MnDOT ROW (6.27 ac.)
Additional Property (0.26 ac.)
County Conservation Easement
Parcels
Exhibit A-1
page 77
1
o
o
o
o
page 78
3
page 79
B) PLANNING CASE #2017-06
MR. JASON SANDERS OF THE THOMAS IRVINE DODGE NATURE CENTER
LOT LINE ADJUSTMENT FOR DODGE NATURE CENTER PARCEL, GENERALLY
LOCATED AT 656 HIGHWAY 110
Planner Timothy Benetti explained that this request is a simple lot line adjustment. The applicant
is Mr. Jason Sanders of the Thomas Irvine Dodge Nature Center. The request is to simply cleave
off a parcel on the north end. A lot line adjustment is typically used to create an adjustment to lot
lines, as the name entails. However, it is also used in cases where two parties are creating a piece
of land or parcel between the two that would not be used for any type of development purposes,
where a lot split would entail a development right to it.
The 6.53 acre parcel is being taken by Dakota County to assist in the extension of the Lebanon
Trail System and also to provide for a little bit extra space for the underground tunnel or underpass
that would be going under Highway 110 as part of that reconstruction project. The section of land
to be separated and created under this lot line adjustment will not affect or hinder the overall use
and purpose of the remaining 45.5 acre parcel. The separated parcel would be sold to Dakota
County subject to this action.
Staff recommended approval of this application.
Commissioner Noonan asked if this newly created parcel could only be sold to Dakota County.
Planner Benetti replied that currently the agreement is strictly between the Dodge Nature Center
and Dakota County. Commissioner Noonan asked for further clarification that if the agreement
between the Dodge Nature Center and Dakota County were to not succeed for some reason, could
the shopping center located adjacent to the newly created parcel purchase it. Planner Benetti
replied that he did not believe that could happen because the entire Dodge Nature Center is covered
under a conservation easement, and this parcel is being created to accommodate a specific need.
Chair Field noted that he is a former president of the Dodge Nature Center and still serves on the
board. He does not feel that he has any conflict of interest and certainly does not have any economic
interest; however, for the record he acknowledge that and asked if anyone felt that he should stand
down from voting.
Mr. Jason Sanders, Executive Director of Dodge Nature Center clarified that the section under
discussion is not currently under the Dakota County Easement; however, it does have a Minnesota
Department of Transportation (MnDOT) easement on it.
Chair Field opened the public hearing.
Mr. Keith Kraft, 1314 Furlong Avenue, stated that when Mr. Benetti put up the map and talked
about part of a trail way system, he did not see how the trail could go below – where the trail met
up. He asked if the trail would connect with something to the south. Chair Field replied that it
connects through the Mendota Heights Plaza project. Public Works Director Ryan Ruzek further
clarified that the trail would connect with the cul-de-sac at South Plaza Drive, go through the
former MnDOT right-of-way, and the underpass project.
page 80
Mr. Al Singer, Dakota County Land Conservation Manager, 49 O’Day Street, Maplewood
clarified that the County Board has already approved the resolution to purchase the property, they
have a signed purchase agreement. This will sooth a lot of public interest on both the City and
County’s part.
Mr. Joseph Weiss, 643 Highway 110, asked if this lot line adjustment would impact any of the
properties on the north side as far as taxes or anything else. Chair Field replied that taxes are not
the Commission’s preview and all they could comment on is the land use and the proposed lot line
adjustment per the agreement between Dakota County and Dodge Nature Center. City
Administrator Mark McNeill was unable to find a connection between property taxes and the
neighborhood properties and did not believe there would be any impacts on the neighbors.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-06 LOT LINE ADJUSTMENT
BASED ON THE FOLLOWING FINDINGS OF FACT:
1. The proposed lot line adjustment request meets the purpose and intent of the City Code and
can be considered consistent with the Comprehensive Plan.
2. The purpose of this request is to create a separate parcel to be sold by Dodge Nature Center
to Dakota County for the Mendota-Lebanon Hills Regional Greenway, which would help
facilitate the completion of a new trail link and tunnel underneath Highway 110.
3. Approval of the requests will have no visible impact on either property and will not
negatively impact the character of the neighborhood.
4. Approval of this lot line adjustment and creation of this new tract of land will have little,
if any impact upon the neighboring properties, the residual parcel, or the overall use,
enjoyment and purpose of the entire Dodge Nature Center area.
5. The proposed adjustment will not cause any non-conformities on either parcel, based on
the applicable zoning district standards.
AND WITH THE CONDITION THAT THE APPROPRIATE DOCUMENTS ARE RECORDED
WITH DAKOTA COUNTY
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 6, 2017 meeting.
page 81
Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution Approving a Conditional Use Permit and Variance to Allow Larger
Garage with Reduced Setbacks, located at 1023 Delaware Avenue
[Planning Case No. 2017-07]
Introduction
Jason (Jay) and Alicia Jacobs are seeking approval of a conditional use permit to exceed the maximum
allowed size of a detached garage in the R-1 District, and a variance to allow a reduced setback for said
accessory structure. The property is located at 1023 Delaware Avenue.
Background
The applicants proposes to remove an existing 18’ x 22’ single-car garage, which currently sits 9.4 – 9.7
feet from the northerly side lot line. The owners wish to reconstruct a new 812 sf., two-car garage near
the same location with a reduced setback from 10-ft. down to 3-ft. from the same north line.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing, along with a planning report which contained an analysis, findings and staff recommendation
(attached hereto). There were no comments from the public (excerpt minutes attached). The Applicant
submitted for review three letters of support from adjacent neighboring residents.
Budget Impact
There are no impacts to the city budget.
Recommendation
The Planning Commission recommended approval (by 4 -1 vote) to approve the Conditional Use Permit
and Variance to allow larger garage with reduced setbacks, with conditions as described in the Planning
Report for Planning Case 2017-07 and in the proposed resolution. If the City Council wishes to affirm
this recommendation, it should adopt RESOLUTION 2017-41 – APPROVING A CONDITIONAL USE
PERMIT AND VARIANCE TO ALLOW LARGER GARAGE WITH REDUCED SETBACKS,
LOCATED AT 1023 DELAWARE AVENUE.
Action Required
This matter requires a simple majority vote.
page 82
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-41
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCE
TO ALLOW LARGER GARAGE WITH REDUCED SETBACKS
(LOCATED AT 1023 DELAWARE AVENUE)
WHEREAS, Jason (Jay) and Alicia Jacobs (the “Applicants”) have applied for a
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure for the property
located at 1023 Delaware Avenue, as proposed in Planning Case 2017-07, and described in the
attached Exhibit A; and
WHEREAS, the Applicants propose to remove an existing 18’ x 22’ single-car garage
and reconstruct a new 812 sf., two-car garage near the same location with a reduced setback from
10-ft. down to 3-ft. from the north property line; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of May 23, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 4-1 vote) of the
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure, with certain
findings of fact and conditions noted herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
conditional use permit to exceed the maximum allowed size of a detached garage in the R-1
District, and a variance to allow a reduced setback for said accessory structure for the property
located at 1023 Delaware Avenue, as proposed in Planning Case 2017-07, are hereby approved
with the following findings of fact:
A. The existing use of the subject parcel as a single-family residential dwelling is
consistent with the City Code and Comprehensive Plan.
B. The planned development and use of the 812 sq. ft. detached garage is considered
a reasonable request, and is consistent with the City Code and Comprehensive
Plan.
C. The proposed garage use will not be detrimental to the health, safety or general
welfare of the community; should not cause any serious traffic congestion nor
hazards; will not seriously depreciate surrounding property value; and said use
appears to be in harmony with the general purpose and intent of the City Code
and the comprehensive plan.
page 83
D. The proposed garage and structure will be compliant with the conditions included
in the City Code that allow it by conditional use permit.
E. The variance requested under this application and layout plan meets the tests in
the code for practical difficulties and appears to be a reasonable request per City
Coe and State Statute that prescribe the authority of municipalities to grant such
variances.
F. The variance will not alter the essential character of the neighborhood.
G. The plight of the landowner is due to circumstances unique to the property not
created by the landowner.
H. The new garage represents reinvestment in a residential neighborhood that is
consistent with the Comprehensive Plan’s goals for residential land uses.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
conditional use permit and a variance for the property located at 1023 Delaware Avenue, as
proposed in Planning Case 2017-07 are hereby approved with the following conditions:
1. No part of the upper storage section of the garage shall be used for livable or
habitable space.
2. The applicant shall obtain a building permit prior to any demolition, excavation or
construction of the new garage addition.
3. 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.
4. The proposed detached garage shall be constructed in compliance with the
applicable City Code performance standards noted in Section 12-1I.
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
________________________________
Lorri Smith, City Clerk
page 84
EXHIBIT A
Property Address: 1023 Delaware Avenue, Mendota Heights MN
PID: 27-47700-01-100
Legal Description: Lot Six (6), Lot Seven (7), the South One Half (S l/2) of Lot Five (5), the
East Ten (10) feet of Lots Eight (8), Nine (9) and the South One Half (S
l/2) of Lot Ten (10), all in Block One (1), P.R. McDONNEL'S
ADDITION TO SAINT PAUL according to the plat thereof on file and
recorded in the office of the Register of Deeds, Dakota County, Minnesota
page 85
Planning Staff Report
MEETING DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case No. 2017-07
Conditional Use Permit and Variance to Allow Larger Garage with
Reduced Setbacks
APPLICANT: Jason (Jay) and Alicia Jacobs
PROPERTY ADDRESS: 1023 Delaware Avenue
ACTION DEADLINE: June 18, 2017
DESCRIPTION OF THE REQUEST
The applicants are seeking a conditional use permit to allow the replacement of a dilapidated detached
garage with a new 25’ x 36’ (footprint) detached garage structure. The applicants also request a variance
to a side-yard setback from 10 feet to 3 feet.
This item is being presented under a duly noticed public hearing process. A notice of hearing on this item
was published in the local South-West Review newspaper; and notice letters of this hearing were mailed to
all owners within 350-feet of the subject property.
The Applicant has submitted for review three letters of support from adjacent neighboring residents. As of
preparation and completion of this report, there have been no other comments or objections received from
neighboring residents.
SITE DESCRIPTION AND PRESENT USE
Existing Zoning R-1 One-Family Residential
Lot Area 12,501 square feet (.29 acres)
Designated Future Land Use Low Density Residential
The subject site contains two structures, a single family home and a detached, one-car garage. The residence
is a 1-1/2 story dwelling, with 2,352 of finished square footage. The existing detached garage is an
approximate 18’ x 22’ (396 sf) structure. The site is an interior lot, and is bordered to the east by Delaware
Avenue. The property consists of a single-wide entrance off Delaware, with a driveway leading to the
garage in the rear yard. The lot is rectangular in shape; with frontage along Delaware at 100.27 feet and an
approximate depth of 125+ feet.
The subject (existing) garage is setback 12.5 feet from the rear lot line, and 9.4 to 9.7 feet from the northerly
side yard line. An approximate 7-ft. x 12-ft. hard-surfaced pad exists between the garage and north lot line,
page 86
and sits approx. 3 feet from the adjacent side lot line. A large sandbox is identified and located next to the
garage on the south side. An Xcel Energy overhead wire runs along the back lot line, but is not contained
within any dedicated or recorded utility easement.
PICTOMETRY IMAGE (LOOKING WEST FROM DELAWARE) CURRENT SITE LAYOUT
All properties adjacent to the site and in its immediate vicinity are single family homes. The lots in this
neighborhood vary in width and shape, but remain consistent as a typical older single-family neighborhood.
Most of the neighboring residence appear to have detached garages, similar to the applicants.
PROJECT DESCRIPTION
The applicant proposes to remove the existing 18’ x 22’ single-car garage and reconstruct a larger, two-car
garage near the same location. As indicated earlier, the existing garage is set back 9.4 – 9.7 feet from the
northerly side lot line, and 12.5 feet from the rear lot line. The existing garage is separated from the dwelling
by approximately 30 feet.
The new garage will provide the homeowners a much larger structure to park and store their large SUV and
passenger vehicles, and provide additional space along the side and upper attic section for storage or
personal use. The garage will contain two single-wide overhead doors, with a front-side door entry, and an
upper (attic) space with window opening (see image below).
The proposed garage is dimensioned as a 25.33 ft. wide and 36 ft. long, with an approximate 10’ x 7’ inset
at the corner, resulting in an overall area of 812 sq. ft. The driveway surfacing may also be replaced as
needed, but retains most of its width of 14.4 feet coming off Delaware and leading to the back yard area.
page 87
ANALYSIS
1) This new garage requires a conditional use permit to exceed the maximum allowed size of a detached
garage in the R-1 District.
• Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.2: “Single-family residential
parcels that do not have an attached garage may be allowed one detached garage up to seven
hundred fifty (750) square feet as a permitted structure, or up to one thousand (1,000) square
feet upon approval of a conditional use permit.”
The garage under this consideration is 812 square feet.
NEW GARAGE SITE PLAN LAYOUT
Title 12-1L-6-E-1 of the City Code contains standards for reviewing a conditional use permit request,
with the following principles 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, City Code provides the following standards which 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.
page 88
• City staff has personally inspected the existing garage, and agrees it is in rough shape and should
be removed and replaced with a new garage structure. The new garage proposed by the Applicants
appears to be a nice design, and should easily accommodate the needs of parking larger personal
vehicles and storage desired by the homeowners.
• City staff believes the larger garage contemplated herein will not be detrimental to the health, safety
or general welfare of the neighborhood or the community; and will not cause any serious traffic
congestion, hazards; or seriously depreciate surrounding property values. For all intents and
purposes, this proposed garage use appears to be in harmony with the general purpose and intent
of the City Code and the comprehensive plan.
2) The applicants also seek a variance to reduce the required side-yard setback from 10 feet to 3-feet.
• Pursuant to Title 12-1D-3-B-1-B-2, all accessory structures over 144 sq. ft. in area must maintain
a 10-ft. setback from any rear or side lot line. For the northerly side yard, a variance to encroach
up to 7 feet into the required 10-ft. side yard setback is being presented.
• Staff believes that specific and practical difficulties may exist that restrict the applicants from
conforming to setback requirements in this residential zoning district. The applicant meets the tests
identified in Section 12-1L-5 to establish the existence of practical difficulties:
a) The property owner proposes to use the property in a reasonable manner.
o A garage structure of 812 sq. ft. and designed to enclose two vehicles can be considered
and viewed as a reasonable use of a suburban residential property.
b) The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
o Although this property is fairly regular (rectangular) in shape and area, the rear yard space
is somewhat reduced and compressed due to the location of the existing single-family
residence. The layout of the existing driveway is shown with a reduced setback of 2 to 3
feet all the way along this northerly side-yard lot line. Staff confirmed with the
applicant/owner that this layout of the driveway was created by others and not the current
landowner, thereby making this cased somewhat unique.
o As noted previously, the existing garage is separated from the dwelling by approximately
30-feet, and the new garage, even though slightly larger, will retain the same 30-foot
separation between both structures. The applicants intend to re-use or replace the
bituminous driveway surfacing and match in exactly what they have today.
City Code normally requires all driveways to maintain a 5-foot setback form property lines.
To reduce or shift this driveway even further (closer to the home) or swing it out to match
up with a 10-foot structure setback in the rear yard may cause some geometrics that would
not work effectively, and probably create some tricky or unpleasant vehicle movements in
this rear yard area.
To leave the driveway in its current layout, and have the new garage match-up or line-up
equally with the driveway makes logical sense and provides a better means of maneuvering
vehicles into the garage stalls. Therefore, the circumstances of the existing driveway layout
and need for the reduced side-yard setback are somewhat unique and makes sense to allow
a reduced setback for the garage.
page 89
o Although the Applicants/Owner may appear to have enough space/area to adequately fit a
new garage and driveway on the southwest and south areas of their property, even without
the need for any variance (including reduced driveway setback), this would seem
impractical and too much of an expanse, and would necessitate the removal of two large
basswood trees and restoration of the northerly segments of the lot.
c) The variance, if granted, will not alter the essential character of the neighborhood.
o A detached, two-car garage is consistent with the character of a low-density residential
neighborhood. The proposed garage would not abut a neighboring residential structure
(either dwelling or garage). The nearest structure to the proposed garage is a detached
garage on the 992 Chippewa Ave. property, which will be approximately 15 feet from the
new garage structure.
REQUESTED ACTION
Following the public hearing and discussion, the Planning Commission may consider the following actions:
1. Recommend approval of the conditional use permit and variance based on the attached findings of
fact.
OR
2. Recommend denial of the conditional use permit and variance, either whole or separately based on
findings of fact.
OR
3. Table the request, pending additional information from staff or others; and direct staff to extend the
application review period an additional 60 days, in compliance with MN STAT. 15.99.
RECOMMENDATION
The Planning Commission must determine the effect of the proposed conditional use permit and variance
upon the comprehensive plan and on the character and development of the neighborhood in forming its
recommendation to the City Council. Staff recommends that both the conditional use permit and variance
be recommended for approval, with the following conditions:
1. No part of the upper storage section of the garage shall be used for livable or habitable space.
2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the
new garage addition.
3. 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.
4. The proposed detached garage shall be constructed in compliance with the applicable City Code
performance standards noted in Section 12-1I.
ATTACHMENTS
1. Aerial site map
2. Planning application, including supporting materials
3. Surveys and Garage Elevation Plans
page 90
FINDINGS OF FACT FOR APPROVAL
Conditional Use Permit and Variance for New Detached Garage at
1023 Delaware Avenue
The following Findings of Fact are made in support of approval of the proposed request:
1. The existing use of the subject parcel as a single-family residential dwelling is consistent with the
City Code and Comprehensive Plan.
2. The planned development and use of the 812 sq. ft. detached garage is considered a reasonable
request, and is consistent with the City Code and Comprehensive Plan.
3. The proposed garage use will not be detrimental to the health, safety or general welfare of the
community; should not cause any serious traffic congestion nor hazards; will not seriously
depreciate surrounding property value; and said use appears to be in harmony with the general
purpose and intent of the City Code and the comprehensive plan.
4. The proposed garage and structure will be compliant with the conditions included in the City Code
that allow it by conditional use permit.
5. The variance requested under this application and layout plan meets the tests in the code for
practical difficulties and appears to be a reasonable request per City Coe and State Statute that
prescribe the authority of municipalities to grant such variances.
6. The variance will not alter the essential character of the neighborhood.
7. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
8. The new garage represents reinvestment in a residential neighborhood that is consistent with the
Comprehensive Plan’s goals for residential land uses.
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C) PLANNING CASE #2017-07
JASON (JAY) AND ALICIA JACOBS, 1023 DELAWARE AVENUE
CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW LARGER GARAGE
WITH REDUCED SETBACKS
Planner Timothy Benetti explained this request was both a Conditional Use Permit to allow for the
replacement of a detached garage with a larger garage then is allowed by ordinance and a Variance
to a side-yard setback from ten feet down to three feet. The applicant submitted three letters of
support, which were made a part of the staff report.
The site currently contains a single-family home and a detached one-car garage. The residence is
a 1.5 story building with a 2,352 square foot finished floor area. The existing detached garage is
approximately 18 feet by 22 feet (396 square feet) and is in very poor shape. The setback is 12.5
feet from the rear lot line and approximately 9.4 to 9.7 feet from the northerly (side) property line.
There is a 7 foot by 12 foot hard surface pad that exists between the garage and the north lot line.
That pad itself is approximately three feet from the existing property line.
There is an Xcel Energy overhead line that runs along the back lot line. There is no easement for
that line; however, staff spoke with an Xcel Energy executive who stated that they typically like
to keep at least a ten foot spacing between any structures and the power line. So they are hoping
that holding back to a 10-foot setback would be adequate enough.
Planner Benetti shared an image of the property and indicated the location of streets, the home, the
garage, and a sandbox area on the property.
The new garage would be a two-car garage with an attachment for extra storage. They would
maintain the rear yard 10-foot setback and reduce the side yard setback to three feet. The existing
driveway is approximately three feet from the side yard lot line and the location of the new garage
would line up with that driveway. It would also provide for a little bit more ability to maneuver
their large vehicles into the garage.
Planner Benetti then shared the requirements and standards to be met a Conditional Use Permit
and Variance and how this application met those standards. This information was also included in
the staff report.
Commissioner Hennes asked to see the location of the trees that would have to be removed if the
garage were to maintain the 10-foot setback and asked for an explanation of why they would have
to be removed. Planner Benetti showed on the map where the trees were located and explained
that the driveway would need to be adjusted to allow for the maneuvering of a large vehicle into
the garage, thus the needed removal of the trees.
Commissioner Roston asked to see the location of the driveway in relation to Delaware Avenue
and asked for confirmation that the driveway would not be relocated if this application were
approved. Planner Benetti pointed out the driveway on the map and confirmed that it would not be
relocated.
page 110
Mr. Jason Jacobs came forward but had not additional comments to make to the report.
Commissioner Petschel asked what the distance was between the house and the proposed garage.
Mr. Jacobs replied that it was 30 feet before and would remain 30 feet afterwards.
Chair Field opened the public hearing.
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public
hearing.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-07, CONDITIONAL USE PERMIT
AND VARIANCE FOR NEW DETACHED GARAGE AT 1023 DELAWARE AVENUE
BASED ON THE FOLLOWING FINDINGS OF FACT:
1. The existing use of the subject parcel as a single-family residential dwelling is consistent
with the City Code and Comprehensive Plan.
2. The planned development and use of the 812 sq. ft. detached garage is considered a
reasonable request, and is consistent with the City Code and Comprehensive Plan.
3. The proposed garage use will not be detrimental to the health, safety or general welfare of
the community; should not cause any serious traffic congestion nor hazards; will not
seriously depreciate surrounding property value; and said use appears to be in harmony
with the general purpose and intent of the City Code and the comprehensive plan.
4. The proposed garage and structure will be compliant with the conditions included in the
City Code that allow it by conditional use permit.
5. The variance requested under this application and layout plan meets the tests in the code
for practical difficulties and appears to be a reasonable request per City Coe and State
Statute that prescribe the authority of municipalities to grant such variances.
6. The variance will not alter the essential character of the neighborhood.
7. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
8. The new garage represents reinvestment in a residential neighborhood that is consistent
with the Comprehensive Plan’s goals for residential land uses.
AND WITH THE FOLLOWING CONDITIONS:
1. No part of the upper storage section of the garage shall be used for livable or habitable
space.
2. The applicant shall obtain a building permit prior to any demolition, excavation or
construction of the new garage addition.
3. 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.
page 111
4. The proposed detached garage shall be constructed in compliance with the applicable City
Code performance standards noted in Section 12-1I.
Councilmember Hennes asked for confirmation that the neighbor to the north signed a letter of
support. Planner Benetti confirmed.
AYES: 4
NAYS: 1 (Field)
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 7, 2017 meeting.
page 112
Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution Approving a Variance to Allow Reduced Setbacks from Front
(Corner) Yard Setbacks for property located at 1897 Wachtler Avenue
[Planning Case No. 2017-09]
Introduction
Ben & Erika Christopherson are seeking approval of a variance to allow an addition to an existing
dwelling and expand the attached garage, which would require a variance to a side-yard setback from 30
feet down to 16.9-feet. The property is located at 1897 Wachtler Avenue.
Background
The applicants propose to add approximately 1,450 sq. ft. of new building space to an existing 1,546 sq.
ft. single family residential dwelling. The existing 440 sq. ft. two-car garage will be expanded to a 998
sq. ft., three car garage, which will be much wider and deeper than the exiting two-car space.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing, along with a planning report which contained an analysis, findings and staff recommendation
(attached hereto). There were a few comments and questions from the public, with no objections
received on this item (excerpt minutes attached).
Budget Impact
There are no impacts to the city budget.
Recommendation
The Planning Commission recommended unanimous approval (5-0 vote) to approve the Variance to allow
reduced setbacks from front (corner) yard setbacks, for the property located at 1897 Wachtler Avenue,
with conditions as described in the Planning Report for Planning Case 2017-09) and in the proposed
resolution. If the City Council wishes to affirm this recommendation, it should adopt RESOLUTION
2017-42 – APPROVING VARIANCE TO ALLOW REDUCED FRONT (CORNER) YARD
SETBACKS FOR GARAGE AND DWELLING ADDITION, LOCATED AT 1897 WACHTLER
AVENUE.
Action Required
This matter requires a simple majority vote.
page 113
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-42
RESOLUTION APPROVING A VARIANCE TO ALLOW REDUCED
SETBACKS FROM FRONT (CORNER) YARD SETBACKS
(LOCATED AT 1897 WACHTLER AVENUE)
WHEREAS, Ben & Erika Christopherson (the “Applicants”) have applied for a variance
to allow an addition to an existing dwelling and expand the attached garage, which would require
a variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897
Wachtler Avenue, as proposed under Planning Case 2017-09, and described in the attached
Exhibit A; and
WHEREAS, the Applicants propose to add approximately 1,450 sq. ft. of new building
space to an existing 1,546 sq. ft. single family residential dwelling; with a new 998 sq. ft., three
car garage, which requires the need of a variance to accommodate said additions; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of May 23, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 5-0 vote) of the
variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897
Wachtler Avenue, with certain findings of fact and conditions memorialized herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
variance to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897
Wachtler Avenue, as proposed under Planning Case 2017-09, is hereby approved with the
following findings of fact:
A. Construction of the proposed dwelling and garage additions onto the existing
single-family dwelling is a reasonable use of the property and consistent with the
Comprehensive Plan.
B. The existing conditions were not created by the applicant and demonstrate a
practical difficulty in meeting the required setback in order to reconstruct the
existing addition in compliance with applicable codes.
C. The addition onto the existing single-family dwelling can be considered a
reasonable request and use of the property.
D. The encroachment along this wider segment Hilltop Road ROW, due in part to the
presence of the nearby “park” parcel, lends additional support to allowing the
encroachment as this should lessen proximity and visual impacts from this
roadway.
page 114
E. Due to the subject parcel’s existing condition and location to the abutting Hilltop
Road right-of-way and road surface, a practical difficulty may be evident and was
demonstrated in order to construct said addition to the home.
F. The addition will tie-in and match the existing dwellings architecture and designs,
which will not alter the essential character of the neighborhood.
G. Granting of the variance sought is in accordance with the standards laid out in the
City Code.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the variance
to a side-yard setback from 30 feet down to 16.9-feet, for the property located at 1897 Wachtler
Avenue, as proposed under Planning Case 2017-09 is hereby approved with the following
conditions:
1. The proposed encroachment for the addition shall not extend further than shown
on the survey included in the application submittal.
2. The new addition will match the overall architecture and design of the existing
dwelling.
3. Within one year of approval by the City Council, the applicant shall obtain a
building permit for construction of the proposed addition.
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
________________________________
Lorri Smith, City Clerk
page 115
EXHIBIT A
Property Address: 1897 Wachtler Avenue, Mendota Heights MN
PID: 27-71050-00-460
Legal Description: The South 150 feet of the East 300 feet of Lot A, SOMERSET HILLS,
Dakota County, Minnesota
page 116
Planning Staff Report
MEETING DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case No. 2017-09
Variance to Allow Reduced Setbacks from Front (Corner) Yard Setbacks
APPLICANT: Ben & Erika Christopherson
PROPERTY ADDRESS: 1897 Wachtler Avenue
ACTION DEADLINE: June 24, 2017
DESCRIPTION OF THE REQUEST
The applicants are seeking to build an addition to an existing dwelling and expand the attached garage,
which would require a variance to a side-yard setback from 30 feet down to 16.9-feet.
A public hearing notice for this item was published in the local newspaper and notice letters were mailed
to all surrounding properties within 350-feet of the subject property. As of preparation and completion of
this report, there have been no comments or objections received from neighboring residents.
SITE DESCRIPTION AND PRESENT USE
Existing Zoning R-1 One-Family Residential
Setbacks (yards) 30-ft. Front; 30-ft. Rear; 10-ft. Side
Lot Area 45,086 sq. ft. (1.04 acres)
Designated Future Land Use Low Density Residential
The subject site contains a 1,546 sq. ft., one-story, single family rambler dwelling, and a 440 sq. ft. attached
two car garage, which was originally built in 1957. The subject site has primary frontage on Wachtler
Avenue to the east and secondary frontage on Hilltop Road to the north. The property has a double-wide
driveway entrance from Wachtler Avenue, with a two-vehicle parking tab/turn-around located just beyond
the front lot line. The 1.04 acre lot is rectangular in shape; with 150.12 ft. in width and depth of 300+ feet.
The subject dwelling is setback 30.5 feet from the northerly side lot line, over 66 feet from the front lot
line; and 30.2 feet from the southerly side lot line.
page 117
GOOGLE STREET MAP IMAGE (LOOKING WEST FROM WACHTLER)
SURVEY / SITE PLAN
The subject property abuts a small, 1,888 sq. ft. tear-dropped shaped parcel located at the corner of Wachtler
and Hilltop road, which is identified on the survey and original plat map records for this area as a “park”.
The applicants have expressed an interest in acquiring this parcel from the city, but the ownership and
record of title may be difficult to ascertain, due to its unknown origin or purpose [as a park]. For now, this
park parcel is recognized as part of Hilltop Road right-of-way, and may play a part into the consideration
of allowing a reduced setback along this property line (which will be described later under the analysis
section).
All properties adjacent to the site and in its immediate vicinity are single family homes. The lots in this
neighborhood vary in width and shape, but remain consistent as a typical older single-family neighborhood.
For any property situated on a corner, front yard setbacks of 30-feet must be maintained along each road
frontage. The applicants have questioned the location of their personal property as a corner lot, due in part
to the adjacent park parcel, and their belief they do not technically, or fully front onto Hilltop, and requested
an allowance to proceed with their addition under the 10-foot side yard setback standard. Staff however,
page 118
interpreted and determined the lot does have some means of frontage along both Wachtler and Hilltop, and
therefore the lot is a corner parcel and the 30-foot setback standard from each street line must be considered.
PROJECT DESCRIPTION
The applicants propose to add approximately 1,450 sq. ft. of new building space to the existing 1,546 sq.
ft. dwelling. The existing 440 sq. ft. two-car garage will be expanded to a 998 sq. ft. three car garage, which
will be much wider and deeper than the exiting two-car space. The other areas shown on the survey will
be converted into livable hosing space.
page 119
The home currently meets the required 30-ft. setback from Hilltop Road. The applicants have noted on
their survey/site plan that the new garage addition will be setback 16.9 feet (green circle) from the
established north lot line, which equates to a variance of 13.1 feet. The survey also highlights two separate
setbacks of 22.2 ft. and 30.9 ft. (blue clouds), which represents the closest setback points if one would
consider the park parcel as additional [private] property.
ANALYSIS
• Variance
According to Title 12-1E-3-D of the City Code, the following minimum requirements in the R-1 One
Family Residence District shall be observed:
1. Structure Height: No structure or building shall exceed two (2) stories or twenty five feet (25') in height,
whichever is the lesser in height, except as provided in article D of this chapter.
2. Side Yards Abutting A Street: A side yard abutting a street shall not be less than thirty feet (30') in width.
3. Minimum Requirements
Height
Lot
Area
Lot
Width
Front
Yard Side Yard Rear Yard
1 and 2
stories
15,000
sq. ft.
100' 30' 10' on each side or 1/2 of the height of
the structure contiguous to the side
yard, whichever is greater, to a
maximum of 15'
30' or 20% of the
average lot depth,
whichever is greater
As noted in the Code section above and earlier in this report, the front and any side yard abutting streets
must maintain a 30-foot setback.
When considering the variance request for the proposed addition in this case, the City is required to find
that:
page 120
1. The request is in harmony with the general purposes and intent of the ordinance and comprehensive
plan and the applicant proposes to use the property in a reasonable manner.
The Applicants indicated they feel the proposed garage addition and home renovation plans will put
the property to use in a reasonable manner. They also indicated “…we are unable to completely place
two vehicles into our garage; the variance would allow us additional space to place both vehicles in
the garage, while still allowing passage into our home; additionally, it would improve the outward
appearance of our lot as to keeping the driveway vacant of vehicles.”
Hilltop Road appears to be approximately 50-feet from the closest corner of the existing dwelling (NW
corner of garage). The closest point (approx. measure) from the new NW corner of the dwelling/garage
addition, will be about 34 feet from the physical roadway.
The applicant’s desire to reconstruct an addition onto the existing single-family dwelling can be
considered a reasonable request and use of the property, and will remain consistent with the
Comprehensive Plan. The encroachment along this more than average (wider) right-of-way along
Hilltop, due in large part to the “park” parcel nearby, lends much support to allowing the encroachment,
as this should help lessen impacts, in both proximity wise and visually from this roadway.
2. The applicant establishes there are practical difficulties with complying with the ordinance due to
circumstances that are unique to the property which are not created by the applicant or based on
economic considerations.
The Applicants provided the following statements: “Our newly purchased property happens to
border a parcel of land that does not have a defined owner at this time. This land lies between our
property and Hilltop Road, on the north side of our home. During multiple conversations with city
personnel, we have been informed that the city has no record of owning the land, and it is unclear
exactly who might have rights to that property, creating a unique situation. If granted approval of
our plans, there would still be approximately 30 plus feet between our improved structure and the
curb on Hilltop Road.”
The Applicants were initially unaware of the added 30-foot setback along Hilltop and were under the
impression they only needed to maintain a 10-foot setback. When made aware of these standards, the
owners also inquired of purchasing the park parcel from the city, but ownership or unforeseen title
issues could pose a problem. In order to facilitate the immediate needs of their family, they pressed
ahead with the variance from the established northerly lot line.
As with most homes built in the 1950’s, most if not all homes were built with 2- car garages, which
were somewhat small and cramped compared to the new home garages being developed today.
page 121
Families have two or more vehicles; these vehicles tend to be larger; and families have a desire to store
miscellaneous equipment and (bikes, toys, recreational vehicles) inside these preferred larger garages.
The ability to provide this larger and more convenient garage space along this area of the home would
not be possible without the variance. Alternatives exists to enlarge the garage straight back or behind
the existing 2-car garage, but this may hamper vehicle movements or make the expansion feel out of
character with the new living space addition.
Staff feels the Applicants have demonstrated a practical difficulty in meeting the required corner side
yard setback in order to construct the existing addition in compliance with applicable codes.
3. The request will not alter the essential character of the neighborhood.
The Applicants provided the following statements: “We do believe the improvements we are making
to our home will fit in with the character of the neighborhood. Our renovations will not affect views
from either Hilltop Road or Wachtler Avenue. As a family of five, the variance would allow us to better
keep a clean and orderly exterior appearance of our home, by allowing motor vehicles to be stored in
an enclosed area.”
The new garage and living space additions represent a considerable investment by the Applicants to
bring the existing 1950’s style rambler into a much nicer, modern up-to-date layout. The larger living
space addition should effectively accommodate their family’s own living spaces needs, and provide
more than adequate garage and storage space. The new addition will be made to match the existing
home, which will not alter the essential character of the neighborhood.
ALTERNATIVES
1. Recommend approval of the variance request, based on the attached findings of fact, with
conditions.
OR
2. Recommend denial of the variance request, based on the finding(s) of fact determined by the
Planning Commission and/or City Council.
OR
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 variance request based on the attached findings of fact (Alternative 1),
with the following conditions:
1. The proposed encroachment for the addition shall not extend further than shown on the survey
included in the application submittal.
2. The new addition will match the overall architecture and design of the existing dwelling.
3. Within one year of approval by the City Council, the applicant shall obtain a building permit for
construction of the proposed addition.
Attachments
1. Aerial site map
2. Planning applications, including Applicant’s Narrative
3. Survey/Site Plan/Floor Plans
page 122
FINDINGS OF FACT FOR APPROVAL
Variance Request
1897 Wachtler Avenue
(Christopherson)
The following Findings of Fact are made in support of approval of the variance request in this case:
1. Construction of the proposed dwelling and garage additions onto the existing single-family
dwelling is a reasonable use of the property and consistent with the Comprehensive Plan.
2. The existing conditions were not created by the applicant and demonstrate a practical difficulty in
meeting the required setback in order to reconstruct the existing addition in compliance with
applicable codes.
3. The addition onto the existing single-family dwelling can be considered a reasonable request and
use of the property.
4. The encroachment along this wider segment Hilltop Road ROW, due in part to the presence of the
nearby “park” parcel, lends additional support to allowing the encroachment as this should lessen
proximity and visual impacts from this roadway.
5. Due to the subject parcel’s existing condition and location to the abutting Hilltop Road right-of-
way and road surface, a practical difficulty may be evident and was demonstrated in order to
construct said addition to the home.
6. The addition will tie-in and match the existing dwellings architecture and designs, which will not
alter the essential character of the neighborhood.
7. Granting of the variance sought is in accordance with the standards laid out in the City Code.
page 123
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04-24-2017
SHEET
SCALE
DRAWN
REFERENCE
JOB NO.
BOOK/PAGE
DATE
BENCHMARK
Woodrow A. Brown, R.L.S. MN REG 15230
Dated:
REVISIONS
REMARKS
SITE ADDRESS
PROPERTY DESCRIPTION
W. BROWN LAND SURVEYING, INC.
Fax: (952) 854-4268B
EMAIL: WBLANDSURVEY@AOL.COM
8030 Cedar Avenue So., Suite 228.
W. BROWN LAND SURVEYING, INC.
Bus: (952) 854-4055
Bloomington, MN 55425
N
SCALE IN FEET
W
Benjamin and Erica Christopherson
SURVEY FOR:
Legend
page 129
A2.01 1/4"=1'-0"PROPOSED MAIN LEVEL PLANpage 130
A3.013/16"=1'-0"PROPOSED FRONT EXTERIOR ELEVATIONSA3.023/16"=1'-0"PROPOSED REAR EXTERIOR ELEVATIONSpage 131
A3.113/16"=1'-0"PROPOSED LEFT SIDE EXTERIOR ELEVATIONSA3.123/16"=1'-0"PROPOSED RIGHT SIDE EXTERIOR ELEVATIONSpage 132
E) PLANNING CASE #2017-09
BEN & ERIKA CHRISTOPHERSON, 1897 WACHTLER AVENUE
VARIANCE TO ALLOW REDUCED SETBACKS FROM FRONT (CORNER) YARD
SETBACKS
Planner Timothy Benetti explained that the applicants were asking to reduce the corner yard
setback from 30 feet down to 16.9 feet. The subject site currently contains an over 1,500 square
foot single-family home and a 440 square foot two-car attached garage. The property was
originally built in 1957 with the primary frontage on Wachtler Avenue and a very small frontage
on Hilltop Road to the north. There is a double wide driveway entrance from Wachtler and a two
vehicle parking pad about half way up the driveway. The 1.04 acre lot is very rectangular in shape,
150 wide by 300+ feet long.
The dwelling setback is 30.5 feet from the north, over 66 feet from the front lot line, and 30.2 from
the southerly lot line. Planner Benetti shared an image of the lot and explained that it is considered
a corner lot because with Wachtler and Hilltop coming in, there is actually a small segment of
right-of-way that is considered frontage on Hilltop. There is also a teardrop-shaped parcel labeled
as a park, created as part of the platting process, but no one knows why it has been labeled as a
park. It serves more as a big chunk of right-of-way.
The applicants had asked staff if they acquired the teardrop-parcel if it would help them. Staff
agreed that it would; however, it could not be done at this time because of the tight timeline of
construction. Therefore they required a variance. However, staff would like for the land transfer
to take place, which would make the setbacks for the home and garage expansion of 22.2 feet and
30.9 feet, rather than the requested 16.9 feet.
Planner Benetti then shared the requirements and standards to be met for a Variance and how this
application met those standards. This information was also included in the staff report.
Mr. Ben Christopherson, 1897 Wachtler Avenue, had nothing to add to the staff report.
Chair Field opened the public hearing.
Ms. Diane Smith, 812 Hilltop Road, lives adjacent to Mr. Christopherson. She noted that she and
her husband have no major objections to this variance; however, they would like to maintain the
wooded area around their home and for assurances that it would not change as a result of this
construction. Planner Benetti was able to provide those assurances.
Mr. Pat Mcquillan, 1909 Wachtler Avenue, noted that he is in full support of this application.
Mr. Christopherson returned and confirmed that, at this point, they have no intention to change
any of the foliage or vegetation on the side of the property abutting Ms. Smith’s property.
Chair Field asked for a motion to close the public hearing.
page 133
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER HENNES MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-09, VARIANCE REQUEST BASED
ON THE FOLLOWING FINDINGS OF FACT:
1. Construction of the proposed dwelling and garage additions onto the existing single-family
dwelling is a reasonable use of the property and consistent with the Comprehensive Plan.
2. The existing conditions were not created by the applicant and demonstrate a practical
difficulty in meeting the required setback in order to reconstruct the existing addition in
compliance with applicable codes.
3. The addition onto the existing single-family dwelling can be considered a reasonable
request and use of the property.
4. The encroachment along this wider segment Hilltop Road ROW, due in part to the presence
of the nearby “park” parcel, lends additional support to allowing the encroachment as this
should lessen proximity and visual impacts from this roadway.
5. Due to the subject parcel’s existing condition and location to the abutting Hilltop Road
right-of- way and road surface, a practical difficulty may be evident and was demonstrated
in order to construct said addition to the home.
6. The addition will tie-in and match the existing dwellings architecture and designs, which
will not alter the essential character of the neighborhood.
7. Granting of the variance sought is in accordance with the standards laid out in the City
Code.
AND WITH THE FOLLOWING CONDITIONS:
1. The proposed encroachment for the addition shall not extend further than shown on the
survey included in the application submittal.
2. The new addition will match the overall architecture and design of the existing dwelling.
3. Within one year of approval by the City Council, the applicant shall obtain a building
permit for construction of the proposed addition.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 6, 2017 meeting.
page 134
Request for City Council Action
MEETING DATE: June 6, 2016
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution Approving an Amendment to the Comprehensive Plan to Re-Guide
Future Land Use from existing “B - Business” to “HR-PUD High Density
Residential-Planned Unit Development” designation for properties located at
2180 and 2160-64 HWY. 13 [Planning Case 2017-08]
Introduction
The City is considering an Amendment to the Comprehensive Plan to Re-Guide Future Land Use from
existing “B - Business” to “HR-PUD High Density Residential-Planned Unit Development” designation
for properties located at 2180 and 2160-64 HWY. 13.
This re-guiding of land is the first [required] step to allowing a proposed multi-family redevelopment to
proceed at these locations.
Background
Michael Development is seeking to develop two, 69-unit apartment buildings at the subject site. The
project would unify two commercial zoned sites, which are currently occupied by the Mendota Motel and
the former Larson Garden Center. Structures on both sites will be removed or relocated, cleaned-up as
necessary, and cleared to make room for the proposed multi-family developments.
On May 11, 2017, the developer held an open public information meeting with surrounding property
owners to introduce and answer questions on the proposed housing project. The meeting was well
attended by a number of residents, with many questions answered and concerns addressed.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing process, along with a planning report which contained an analysis, findings and staff
recommendation (attached hereto). The notice was published in the local South-West Review
newspaper; and notice letters of this hearing were mailed to all owners within 1,320 ft. (1/4 mile) from the
subject properties. There were a few comments and questions from the public, with no strong objections
received on this item, except from one neighboring resident (excerpt minutes attached).
Upon completion of the presentation of the proposed land use, closing the public hearing, and discussions
between staff and commissioners, the Planning Commission elected to forward a recommendation to
amend the land use to “HR-PUD High Density Residential-Planned Unit Development”.
page 135
Discussion
The City can use its legislative authority when considering action on a comprehensive plan 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 the request, with conditions, as described in
Planning Case 2016-33. If the City Council desires to implement the recommendation, pass a motion
adopting RESOLUTION NO. 2017-43 APPROVING AN AMENDMENT TO THE COMPREHENSIVE
PLAN TO RE-GUIDE FUTURE LAND USE FROM EXISTING “B - BUSINESS” TO “HR-PUD HIGH
DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT” DESIGNATION FOR PROPERTIES
LOCATED AT 2180 AND 2160-64 HWY. 13
Action Required
According to Title 12-1L-9(B) of the City Code, an affirmative vote of four-fifths (4/5) of the City
Council is required to adopt the resolution authorizing the amendment to the comprehensive plan.
[Note: with the expected absence of one city councilmember at this meeting, the City Attorney indicated
this action will require all four seated members to vote in the affirmative to adopt said resolution.]
page 136
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-43
RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN
TO RE-GUIDE FUTURE LAND USE FROM EXISTING “B - BUSINESS” TO “HR-PUD
HIGH DENSITY RESIDENTIAL-PLANNED UNIT DEVELOPMENT” DESIGNATION
FOR PROPERTIES LOCATED AT 2180 AND 2160-64 HWY. 13
WHEREAS, the City of Mendota Heights is asked to consider a request from Michael
Development (the “Applicant”) of an Amendment to the Comprehensive Plan to Re-Guide
Future Land Use from existing “B - Business” to “HR-PUD High Density Residential-Planned
Unit Development” designation for properties located at 2180 and 2160-64 HWY. 13; as
proposed in Planning Case 2017-08; and described in Exhibit A; and
WHEREAS, this re-guiding of land is the first [required] step to allowing a proposed
multi-family redevelopment to proceed at these locations described herein; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting of May 23, 2017; whereupon closing the hearing and follow-up
discussion on this item, the Planning Commission recommended approval (by 5-0 vote) of the
Amendment to the Comprehensive Plan to Re-Guide Future Land Use from existing “B -
Business” to “HR-PUD High Density Residential-Planned Unit Development” designation for
properties located at 2180 and 2160-64 HWY. 13; with certain findings of fact and conditions
memorialized herein.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the Amendment to the Comprehensive Plan to Re-Guide Future Land Use from existing “B -
Business” to “HR-PUD High Density Residential-Planned Unit Development” designation for
properties located at 2180 and 2160-64 HWY. 13, as proposed in Planning Case 2017-08, is
hereby approved with the following findings of fact:
A. Commercial development in this area, in compliance with the goals and policies
of the City’s 2030 Comprehensive Plan, may not be viable due to access and
visibility constraints.
B. Residential land use would be in character with other surrounding properties and
the existing vegetation and adjacent commercial use can provide a physical and
visual buffer between the proposed high-density housing and nearby low-density
residential housing.
C. The proposed increased density is consistent with surrounding suburban
communities and would allow for adequate open space as part of the proposed
development.
page 137
D. The increased density provides for construction of a housing type that is lacking
in the City and would help to reach the forecasted population projections.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
Amendment to the Comprehensive Plan to Re-Guide Future Land Use from existing “B -
Business” to “HR-PUD High Density Residential-Planned Unit Development” designation for
properties located at 2180 and 2160-64 HWY. 13; as proposed in Planning Case 2017-08, is
hereby approved, subject to the following conditions:
1. The proposed comprehensive plan amendment is approved by the Metropolitan
Council.
2. The applicant submits the necessary complete applications in consideration of the
proposed concept development plan within twelve (12) months of receiving
approval from the Metropolitan Council.
3. If the deadline is not met, the current future land use designation for the subject
parcels may remain in place.
Adopted by the City Council of the City of Mendota Heights this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
________________________________
Lorri Smith, City Clerk
page 138
EXHIBIT A
Property Address: 2180 HWY. 13, Mendota Heights MN
PID: 27-28400-01-080
Legal Description: All of Lots 1 through 8, Block 1, FURLONG ADDITION, Dakota
County, Minnesota
Property Address: 2160-64 HWY. 13, Mendota Heights MN
PID: 27-75200-05-380
Legal Description: All of Lots 34 to 38, Block 5, TAYLOR ADELIA ADDITION, Dakota
County, Minnesota, subject to highway easements.
PID: 27-75200-05-160
Legal Description: All of Lots 12 to 16, Block 5, TAYLOR ADELIA ADDITION, Dakota
County, Minnesota, subject to highway easements.
PID: 27-75200-05-421
Legal Description: North 70 feet of Lots 39 thru 42, Block 5, TAYLOR ADELIA
ADDITION, Dakota County, Minnesota
PID: 27-75200-05-420
Legal Description: Lots 39 thru 42, except the North 70 feet of said lots, Block 5, TAYLOR
ADELIA ADDITION, Dakota County, Minnesota, subject to highway
easements.
PID: 27-75200-05-110
Legal Description: All of Lots 8 thru 11, Block 5, TAYLOR ADELIA ADDITION, Dakota
County, Minnesota, subject to highway easements.
PID: 27-75200-05-020
Legal Description: Lots 1 and 2, Block 5, TAYLOR ADELIA ADDITION, Dakota County,
Minnesota.
PID: 27-75200-05-050
Legal Description: Lots 3 thru 5, Block 5, TAYLOR ADELIA ADDITION, Dakota County,
Minnesota.
PID: 27-75200-05-070
Legal Description: Lots 6 and 7, Block 5, TAYLOR ADELIA ADDITION, Dakota County,
Minnesota.
page 139
Planning Staff Report
MEETING DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
Phil Carlson, AICP, Consulting Planner - Stantec
SUBJECT: Planning Case No. 2017-08
Amendment to the Comprehensive Plan to Re-Guide Future Land Use
from existing “B - Business” to proposed “HR - High Density Residential”
or “HR-PUD High Density Residential-Planned Unit Development”
APPLICANT: Michael Swenson, Michael Development, LLC
PROPERTY ADDRESS: 2180 and 2160-2164 Highway 13 (Sibley Memorial Hwy.)
ACTION DEADLINE: June 23, 2017
INTRODUCTION
Michael Development proposes the development of two 69-unit apartment buildings at 2180 and 2160
Highway 13 in Mendota Heights, Minnesota. The project proposes to unify two commercial zoned sites,
which are currently occupied by the Mendota Motel and the now closed Larsen Garden Center. The
structures on both sites will be removed or relocated; site clean-up (as necessary); and cleared to make room
for the proposed multi-family development.
In November 2015, Michael Development sought to develop the Larson Garden Center site with a 70-unit
apartment building, and began the entitlement process for redeveloping the site by applying for a similar
comprehensive plan amendment. The application was later withdrawn and no official action was taken.
In early 2017, city staff was informed by Michael Development that he had secured the development rights
on the Mendota Motel site, and shortly thereafter stated they also secured the rights on the Larson site.
This item is being presented under a duly noticed public hearing process. A notice of hearing on this item
was published in the local South-West Review newspaper; and notice letters of this hearing were mailed to
all owners within 1,320 ft. (1/4 mile) from the subject properties.
SITE CONTEXT
Existing Zoning B-3 General Business
Lot Area
5.50 acres (total combined area)
Larson Garden: 107,158 sf (2.5 ac.)
Mendota Motel: 104,863 sf. (2.4 ac.)
Excess ROW Parcel: 0.6 ac.
Current Land Use (20130 Comp. Plan) Business
Proposed Land Use HR- High Density Residential
page 140
SITE DESCRIPTION AND PRESENT USE
The combined subject site is 5.5 acres in size. The site is bounded by Highways 13 and 55 to the west,
Acacia Boulevard to the north, forested shoreline along Lemay Lake to the east, and Victoria Avenue
immediately south. The former Larson Garden Center has been shuttered for a number of years, while the
one-story, Mendota Motel site continues to operate. The proposed redevelopment site is generally flat along
its western border, with slopes increasing steeply moving east toward Lemay Lake. The site is visually
screened from the lake and from homes north of Lemay Lake Road by thick tree cover.
SURROUNDING PROPERTIES AND NEIGHBORHOOD
The subject site is surrounded by predominantly residential land uses. The Augusta Shores development
northeast of the site is guided as Low Density Residential and comprises 23 duplexes (46 units) zoned R-1
One Family Residential. South of the motel site is the Furlong Addition, which is guided Low Density
Residential and zoned R-1 One Family Residential. All other land uses are separated from the site by a
physical roadway (highway) or Lemay Lake Road.
West of Highways 55 and 13, land use is primarily guided Industrial, with the exception being land guided
Nature Preserve or Cemetery. An industrial park, the Acacia Park Cemetery, and the Pilot Knob
Preservation Site are the dominant land uses that operate immediately west of the site.
PROJECT DESCRIPTION
The applicant is requesting a comprehensive plan amendment to change the City’s 2030 Land Use Plan
guidance from “Business” to a residential category that would allow construction of multi-family housing
on the site at a density of 25 units per acre.
The applicant proposes to develop 69 market-rate apartments housed in one three-story building with a
proposed 25,500 sq. ft. ground floor footprint. In total, approximately 2.3 acres would be developed
(building and hard surfaced areas), while the remaining 3.2 acres will be left in green space. The applicant
proposes that the apartment buildings would employ 3-4 full time employees as management and
maintenance staff, and possibly limited part time employees as needed.
The development would be built in two phases, with the south parcel being built first. Construction of the
first phase would begin fall 2017, and completed by fall 2018 (depending on the timing of entitlements).
Phase II of the development would begin in Mid-Summer to fall 2018 and complete in the fall 2019.
Each Apartment building would have a footprint that is approximately 25,500 sf., for 51,000 total square
footage of physical building footprint space total over the 5.5 acres. Each apartment building will have an
additional 25,500 sf. of below grade parking garage with 76,500 sf. of apartment housing above. The
Development is pushed to the west to avoid as much of this area as possible. Approximately 48,000 sf. of
paved surface will be on the site for drive aisle, parking, and sidewalks.
ANALYSIS
Staff has analyzed this application to amend the Comprehensive Plan’s designation from Business to High
Density Residential according to the information required in Section 12-1L-9.D.2.d of the Code:
1. An explanation of the character of the proposed use of the property.
The garden center is currently in a state of disrepair and could not be easily repurposed for a similar
facility. The site has been marketed as a potential commercial/business redevelopment site since the
garden center closed, but so far no viable business plans have come to fruition on this site. The initial
assessment of the garden center site indicates the site may need extensive environmental clean-up and
page 141
demolition in order to make it useable for any future purpose, be it housing or any other allowed B-3
General Business type use.
The Mendota Motel site consists of a 19 room, short-term transient/temporary housing operation.
Although this motel is zoned and considered a business use, it functions in many ways like a multi-
family residential use. The initial assessment of this commercial site indicates that it is becoming or
has become functionally obsolete due to the use not being able to meet many general and acceptable
building code standards, such as ventilation, ADA accessibility standards or other fire safety standards
and measures, such as escape windows and fire sprinklers.
Potential for future redevelopment of both site as a business use is questionable, given the poor access
to and from the major highways fronting the sites. Although the overall site is visible from both
Highways 55 and 13, it can only be accessed from Highway 13, which is very limited in access.
Acacia Boulevard, which intersects with Highway 13 at the site’s northwest corner, dead ends at Acacia
Park Cemetery and is unlikely to receive any through-traffic other than from residents of Augusta
Shores as they access Highway 13.
Industrial land uses west of the site across Highways 13 and 55 limit the potential for business uses that
thrive on proximity to heavy through traffic or proximity to other businesses.
Residential land use is in character with other surrounding properties, all of which are residential. As
noted, surrounding properties are low-density residential. Surrounding trees, woodland and Lake
LeMay provide a natural environment and a physical and visual buffer between the proposed high-
density housing and nearby low-density residential housing to the east. The low density, R-1 zoned
areas to the south, especially those along the south side of Victory Avenue are however, exposed to the
full south elevation of the proposed multi-family structure. City staff is ensuring that these areas
between the single family and multi-family uses will be adequately screened and separated by means
of fencing, berms, landscaping or a combination of such features.
2. A statement of proposed financing for development of the property.
The applicant states that the project would be privately appraised and financed through a local bank.
As part of a cooperative effort between the developer and the City of Mendota Heights, and due to the
general sense of support by the City to help facilitate the successful redevelopment of these two
commercial sites with new housing resources, the city is currently undergoing plans of creating a new
Tax Increment Financing District (No. 2), which will assist the developer in certain site development
costs and improvements that he will incur, such as site/environmental clean-up costs; demolition and
removal costs; new utilizes; and underground parking areas.
3. A statement of the present ownership of all the property in question.
The applicant states that Michael Swenson has a purchase agreement to buy the Larson Garden Center,
owned by the late Robert C. Larson and which land is being handled through an estate case at this time.
Mr. Swenson also has a separate purchase agreement with the motel owners Jaykar C and Jayshari
Bhakta. Mr. Swenson has tacit approval from both owners to seek full entitlement [development] rights
on both properties, including the city –owned right-of-way segments that are included in the
redevelopment district.
4. A general indication of the expected schedule of development including progressive phasing and
time schedules, if applicable.
The development would be built in two phases, with the south parcel being built first. Construction of
the first phase would begin fall 2017, and completed by fall 2018 (depending on the timing of
entitlements). Phase II of the development would begin in Mid-Summer to fall 2018 and complete in
the fall 2019.
5. The character and density of the dwelling units.
page 142
The applicant proposes a “modern apartment living environment” that includes units ranging from
studios to 2+ bedrooms as well as tenant amenities in communal space and underground parking. The
proposed density is approximately 25 unit per acre.
6. Estimated industrial acreage and projected employment.
No acreage would be industrial. The site would employ 4-5 on-site management and maintenance staff
and possibly part-time staff as needed.
7. Estimated square footage of commercial development.
No commercial development is proposed.
8. Estimated amount of developed open space.
Green space on site would account for approximately 139,392 sq. ft. or 3.2 acres. Impervious surface
equates to 2.27 acres total, with up to 51,000 sq. ft. of building footprints (25,500 sf. x 2) or 1.17 acres,
along with approximately 48,000 sf. or 1.10 acres of paved surface will be on the site for drive aisle,
parking, and sidewalks. Each apartment building is planned to have a lower level underground parking
with space for 74 vehicles.
Although not clearly shown or indicated on the proposed development plan, Staff assumes considerable
grading and retaining walls to work with the slopes on the east side of the site toward Lemay Lake.
These details would be reviewed in the specific project application at a later date and are not part of
this request, but ultimate design and engineering of the site may alter the number of units that can be
placed on the site.
FISCAL IMPACT OF PROPOSED COMPREHENSIVE PLAN AMENDMENT
In 2015, the developer initiated a process to revise the underlying land use from “B-Business” to “HR-High
Density Residential.” Since this application was later withdrawn, there was no official action taken by the
city to change the land use at that time. Since the newly proposed development plan is essentially the same
as originally proposed in 2015, the developer once again seeks to change the underlying land use on both
commercial sites from “B-Business” to “HR-High Density Residential” or “HR-PUD High Density
Residential-PUD.” Should the land use be approved, the developer will follow-through with an official
rezoning request and conditional use permit.
One of the changes that would occur with a change in land use and density would be the fiscal impact for
the City and other taxing authorities. A very rough estimate of these impacts is summarized below. The
current value is taken from County Assessor records; the value of the proposed use is estimated very
conservatively using the same assessed value per unit as the Lexington Heights apartments.
The tables show that the proposed residential use is taxed at a lower rate than commercial (1.25% vs. 2%),
but the value of high density residential would still be almost ten times the value of the garden center use.
The city’s tax share would be reduced further due to fiscal disparities.
Current Commercial Use – Larson Garden Value (est.)
2017 Estimated Market Value $493,300
Total Taxes Generated $14,400
City share of taxes = 37.5% $1,938
Current Commercial Use – Mendota Motel Value (est.)
2017 Estimated Market Value $345,000
Total Taxes Generated $10,466
City share of taxes = 37.5% $1,443
page 143
The Total Taxable Market Value rate on both sites (currently)) is $838,700. From this valuation, the City
currently receives $3,381 in taxes from both properties.
Proposed Multifamily Residential Use (69 Unit Apt.)
Estimated Market Value $9,660,000 ea. bldg.
$19,320,000
Tax Capacity (at 1.25% multifamily
residential tax rate
$120,750
Local Property Taxes Generated $129,016 ea. bldg.
$258,032
Future City Taxes from Development $45,256 ea. bldg.
$90,531
Projected Annual Gross TIF Value
(Total Prop. Tax – Market Value Tax – Base
Value Tax)
$96,314
The new value of $19,320,000 represents a 2,203% increase in property valuations.
DENSITY
A key question in the applicant’s request is the density of the residential use. Currently, High Density
residential land use designation in the 2030 Land Use Plan only allows a maximum density of 8.5 units per
acre. This designation is very low compared to many other suburban cities in the region. The following
table depicts guided densities in peer communities’ highest density land use designations:
Eagan 12+ units/acre
Richfield 24 units/acre
Edina 12-30 units/acre
Roseville 12+ units/acre
New Brighton 12+ units/acre
Burnsville 9-14 units/acre
Woodbury 10-15 units/acre
Maplewood 10.1-25 units/acre
The trend in this metro area and most other cities in the U.S. is towards higher density in appropriate
locations. Such sites would include good access and compatibility with surrounding land uses. The subject
site meets those criteria. The maximum densities in the table above – 25-30 units/acre – are typical of
suburban maximum and can readily be achieved with three- or four-story construction. These densities do
not approach what the central cities see in high density projects – 100 units/acre or more.
Furthermore, the existing commercial use is struggling at this location and replacing it with a multi-family
residential use would not need the same level of access and visibility that a commercial use needs. Multi-
family uses typically need to be buffered from lower intensity residential uses and this site makes that
relatively easy.
In 2016, the City approved a PUD Amendment for the At Homes Apartment development inside the
Mendota Mall properties near Hwy. 110 and Dodd Road. This development consisted of 149 market rate
rental units on a 2.2 acre site. The density for this site was approved at almost 68 units/acre.
The City is also considering and in discussions with a separate developer on the city-owned Village Center
lots, located near Dodd Road/Maple Street/Linden Street. This development is proposing 150 active senior
living units on approximately 2.5 acres, which equates to a density near 60 units/acre.
page 144
Under Title 12-1K-3: Specific Planned Unit Development Districts, the City possesses the right to create
certain planned unit development districts for specific developments. The PUD Ordinance is meant to
provide greater flexibility to the developer with certain aspects of the development, including site design,
reduced setbacks, reduced parking spaces, and even higher (housing) density allotments. The PUD also
provides a wide range of autonomy and latitude to the City to allow these reduced standards and/or approve
higher density numbers, if it so chooses.
According to Title 12-1K-5-B-1 of the City Code, the “number of Dwelling Units” is allowed under the
following standard:
“In a residential planned unit development the number of dwelling units proposed for the entire
site shall not exceed the total number permitted under the density control provisions of the zoning
district(s) in which the land is located. The HR-PUD district will use the standards of the R-3
zoning district as a guide; the MR-PUD district will use the standards of the R-2 district as a guide.
If the residential planned unit development is in more than one zoning district, the number of
allowable dwelling units must be calculated separately for each portion of the planned unit
development that is in a separate zone, and must then be combined to determine the number of
dwelling units allowable in the entire planned unit development. The density of individual uses in
the MU-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.”
According to Title 12-1K-5-B-3 of the City Code, the Planning Commission may determine the approved
density under the following provision:
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.
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.
CONCLUSIONS
If designating the site for at least the requested 25 units/acre is appropriate, the question then is how this
should be accomplished. There are two approaches:
1. Amend the High Density Residential land use category in the 2030 Land Use Plan from a
maximum density of 8.5 units per acre to 25 units per acre, then amend the 2030 Land Use Plan
to re-guide the subject site as “High Density Residential.”
Impacts: Three other sites in the City are currently guided as “High Density Residential” in the
2030 Land Use Plan. The sites with this land use category lie between 1-35E and Lexington
Ave (Lexington Heights and Hillside Gables); at the corner of Marie Avenue and I-35E (Eagle
page 145
Ridge); and north of I-494 and south of Mendota Heights Road (Kensington), which is actually
an “HR-PUD High Density Residential Planned Unit Development.” These properties are
fully built-out and unlikely to redevelop in the near future. Should redevelopment occur,
property owners may request rezoning to allow residential construction that is compatible with
the higher densities guided by the amended 2030 Land Use Plan.
2. Amend the 2030 Land Use Plan for this site to “HR-PUD High Density Residential - Planned
Unit Development,” whereby allowing a higher density to be determined by the City.
Impacts: According to the City’s current 2030 Comprehensive Plan, the City has a wide range
of residential neighborhoods in both age and style, and has taken great care in the design of its
residential areas. The land use pattern works to strengthen existing neighborhoods and
encourage new residential development to be complementary to adjacent land uses. The Land
Use Map identifies these areas as “HR – High Density Residential” or “HR-PUD.”
There are two other areas in the city guided and zoned HR-PUD. The first of these areas is the
Summit of Mendota Heights condo/apartments off Riverside Lane/Aspen Way; and the second
area is the Kensington Carriage Homes Condo Association off Concord Way.
The allowance of this HR-PUD could reasonably allow a density of 25 units [or more] per acre,
depending on the specific development plan submitted for consideration. The added benefit of
allowing a site to be guided (and zoned) HR-PUD is it provides more local control on the
development, but may offer more flexibility to the developer in terms of reduced building
setbacks, reduced parking numbers, increased height standards, and others.
3. Amend the 2030 Land Use Plan to add a new land use category with a maximum allowable
density of 25 units per acre. This could be called “Urban Residential”, then amend the 2030
Land Use Plan to re-guide the subject site “Urban Residential.”
Impacts: Since this is a new land use category, this will not have direct impact on any other
sites in the City. Future applicants seeking to redevelop parcels at densities allowed in this
category must seek amendments to the Comprehensive Plan to re-guide specific sites before
seeking rezoning to allow development at this density.
RECOMMENDATION
Staff recommends the Planning Commission re-guide the Larson Garden Center/Mendota Motel main sites
to allow multiple-family residential uses up to 25 units/acre, following one of the three options discussed
above, based on the attached findings of fact, with the following conditions:
1. The proposed comprehensive plan amendment is approved by the Metropolitan Council.
2. The applicant submits the necessary complete applications in consideration of the proposed
concept development plan within twelve (12) months of receiving approval from the Metropolitan
Council.
3. If the deadline is not met, the current future land use designation for the subject parcels may
remain in place.
NEXT STEPS
Should the Planning Commission approve this request and it is also approved by the City Council and
Metropolitan Council, there are still several steps in the process before development of an apartment project
could proceed:
page 146
1. Creation of a zoning district to match the density approved in the Comprehensive Plan
Amendment. This could be done similar to the two options for the Plan amendment:
a. Set a new density of 25 units/acre in the existing R-3 District, or
b. Create a new zoning district corresponding to the new designation, with a
maximum 25 units/acre.
2. If accomplished under option “a” above, the site would be zoned for 25 units/acre.
3. If accomplished under option “b” above, then the subject site would need to be rezoned to this
new district. The presumption is that the city would zone in accordance with its Comprehensive
Plan.
4. Site plan and building permit approval would still be needed to actually build the project.
Details of building materials, landscaping, parking and other issues would be discussed and
decided at this stage.
Attachments
1. Site map
2. Site photos
3. Planning Application, including supporting materials
page 147
FINDINGS OF FACT FOR APPROVAL
Comprehensive Plan Amendment
2160 – 2180 Highway 13 (Sibley Memorial Highway)
The following Findings of Fact are made in support of approval of the proposed request:
1. Commercial development in this area, in compliance with the goals and policies of the City’s 2030
Comprehensive Plan, may not be viable due to access and visibility constraints.
2. Residential land use would be in character with other surrounding properties and the existing
vegetation and adjacent commercial use can provide a physical and visual buffer between the
proposed high-density housing and nearby low-density residential housing.
3. The proposed increased density is consistent with surrounding suburban communities and would
allow for adequate open space as part of the proposed development.
4. The increased density provides for construction of a housing type that is lacking in the City and
would help to reach the forecasted population projections.
page 148
, ~ ~ENooTA HEIGHTS
PLANNING APPLICATION
Office Use Only:
Case #: Fee Paid:
1101 Victorin Curve I Mendota Heights. MN 55118
651.452.1850 phone I 651.452.8940 fax
www.mendotu~hel~1hb.co11i
-----------------------------
App Ji cation Date: Staff lnitiaJs:. __________ _
Applicable Ordinance#: Section: _____________ _
Existing Zoning: Proposed Zoning:._-.._,__ _________ _
Existing Use: Proposed Use: ____________ _
Property Address/Street Location: 2180 and 2160Highway13, Mendota Heights, MN 55120
Applicant Name: Michael Swenson Phone:._6_1_2-_2_1_0-_9_7_66 ______ _
Applicant E-Mail Address: swenson@michaeldevelopment.com
Applicant Mailing Address: 971 Sibley Memorial Hwy# 300, St Paul, MN 55118
Property Owner Name: Jaykar & Jayshru Bhakta, Robert Larson Phone: __________ _
Property Owner Mailing Address: 2180 and 2160Highway13, Mendota Heights, MN 55120
Legal Description & PIN of Property: (Complete Legal from Title or Deed must be provided)
27-28400-01-080, 27-75200-05-380, 27-75200-05-160, 27-75200-05-110, 27-75200-05-420
27-75200-05-421, 27-75200-05-070, 27-75200-05-050, 27-75200-05-020
Type of Request:
D Rezoning D Conditional Use Permit D Interim Use Permit
0 Variance 0 Wetlands Permit D Preliminary/Final Plat Approval
0 Lot Split/Adjustment D Critical Area Permit ii Comprehensive Plan Amendment
D Code Amendment D Appeal D 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 inspect the above property during daylight hours.
~~
Signature of Owner Date
Signature of Owner (if more than one) Date
Planning Application (modified 61112016) Page 1of1
page 149
Page 1 of 2
Tel: 612.879.6000 1301 American Blvd. East, Suite 100, Bloomington, MN 55425 www.kaaswilson.com
Written Statement
Date: Date: Date: Date:
April 24, 2017
Reference: Reference: Reference: Reference:
Mendota Heights Apartments
Attention: Attention: Attention: Attention:
Tim Benetti, Mark McNeill
Project SummaryProject SummaryProject SummaryProject Summary::::
Michael Development proposes the development of two 70-Unit apartment buildings at 2180 and
2160 Highway 13 in Mendota Heights, Minnesota. The project proposes to unify two sites which are
currently occupied by the Mendota Heights motel and abandoned Larsen Garden Center. Both of the
existing structures would be demolished in order to make room for the new development. The
development would be built in two phases, with the south parcel being built first.
FinancingFinancingFinancingFinancing::::
Borrower will be an LLC, a single purpose entity.
Loan will be 80% of the cost of the development, the balance will be paid by the applicant.
Type of Loan will be a construction mini-perm
Interest Rate and Term will be at market.
Collateral will be a 1st Mortgage on the subject property.
Site ID and Ownership:Site ID and Ownership:Site ID and Ownership:Site ID and Ownership:
The Existing Mendota Heights Motel is owned by Jaykar C and Jayshru J Bhakta. The Larsen Garden
Center is currently owned by Robert C Larson. Michael Development would purchase the two
properties then develop and manage the new apartment buildings.
The Property ID numbers for the two properties included in the proposed development are:
Mendota Heights Motel Property:
27-28400-01-080
Larson Garden Center Property:
27-75200-05-380, 27-75200-05-160, 27-75200-05-110, 27-75200-05-420, 27-75200-05-421,
27-75200-05-070, 27-75200-05-050, 27-75200-05-020
The project also proposes to vacate the easement between the two properties and include that parcel
as part of the project.
page 150
Page 2 of 2
Tel: 612.879.6000 1301 American Blvd. East, Suite 100, Bloomington, MN 55425 www.kaaswilson.com
Expected Schedule for Development:Expected Schedule for Development:Expected Schedule for Development:Expected Schedule for Development:
The development would be built in two phases, with the south parcel being built first. Construction of
the first phase would be Fall of 2017 - Fall of 2018 depending on the timing of entitlements. Phase II
of the development would begin in Fall of 2018 and be complete in the Fall of 2019.
Character and density of the dwelling unitsCharacter and density of the dwelling unitsCharacter and density of the dwelling unitsCharacter and density of the dwelling units::::
The Project would consist of a total of 140 apartment units on approximately 5.49 Acres. The
buildings would each be 3 stories of apartments and amenity spaces above a below grade parking
structure. Michael Development has a number of properties in the area and for this project plans to
provide a high end apartment building similar to the Lyndale Plaza property at 6401 Lyndale Avenue
South in Richfield, MN.
Estimated Industrial Acreage and Projected Employment:Estimated Industrial Acreage and Projected Employment:Estimated Industrial Acreage and Projected Employment:Estimated Industrial Acreage and Projected Employment:
Each Apartment building would have approximately 3-4 Full time employees working in the leasing
office and building maintenance.
The sites combined are Approximately 5.49 Acres.
Estimated Square Footage of the Commercial Development:Estimated Square Footage of the Commercial Development:Estimated Square Footage of the Commercial Development:Estimated Square Footage of the Commercial Development:
Each Apartment building would have a footprint that is approximately 25,500 SF. 51,000 SF total
over the 5.49 Acres.
Each Apartment building will have a 25,500, SF of below grade parking garage with 76,500 of
Apartment Housing above.
Estimated Amount of Developed Open Space:Estimated Amount of Developed Open Space:Estimated Amount of Developed Open Space:Estimated Amount of Developed Open Space:
The Buildings will take up 51,000 SF total over the 5.49 Acres. Therefore, there will be approximately
188,000 SF of open space including parking and drive aisles, landscaped areas, storm water
retention, and existing wooded area, The East part of the site is wooded and drops dramatically in
elevation. The Development is pushed to the west to avoid as much of this area as possible.
Approximately 48,000 SF of paved surface will be on the site for drive aisle, parking, and sidewalks.
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Mendota Heights, MN
Michael Development Site Location Map
A000
LEMAY
LAKE
AUGUSTA
LAKE
55
110
13
5
35E
ACACIA BLVD
ST. PETER’S
CHURCH
APOSTLIC
CHURCH
MENDOTA
ELEMENTARY
SCHOOL
AXEL’S
RESTAURANT
PILOT KNOB RDSIBLEY MEMORIAL HWYLEXINGTON AVE SWAGON WHEEL TRAIL
ACACIA PARK
CEMETARY RESURRECTION
CEMETARY
MSP INTERNATIONAL
AIRPORT
FORT SNELLING
STATE PARK
FORT SNELLING
GOLF COURSE
ROGERS
LAKE
SNELLING
LAKE MINNESOTA RIVERSITE
page 157
Proposed Site
kaas
wilson
architects Michael Development
Mendota Heights Apartments A001
Existing Topography
1" = 200'-0"1 Site Topo
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D) PLANNING CASE #2017-08
MICHAEL SWENSON, MICHAEL DEVELOPMENT, LLC
2180 AND 2160-2164 HIGHWAY 13 (SIBLEY MEMORIAL HIGHWAY)
AMENDMENT TO THE COMPREHENSIVE PLAN TO RE-GUIDE FUTURE LAND
USE FROM EXISTING “B–BUSINESS” TO PROPOSED “HR–HIGH DENSITY
RESIDENTIAL” OR “HR–PUD HIGH DENSITY RESIDENTIAL–PLANNED UNIT
DEVELOPMENT”
Planner Timothy Benetti explained that this request is to change the current land use from B-
Business to HR-High Density Residential or HR-PUD High Density Residential-Planned Unit
Development. The applicant, Mr. Michael Swenson from Michael Development, LLC and the two
properties are 2180 and 2160-2164 Highway 13 (Sibley Memorial Highway), known commonly
as the Larson Garden Center and the Mendota Motel. Michael Development is proposing to a
development on these two sites which will have complications further down the road for rezoning,
conditional use permit, and plating. Currently, they are initially proposing a development of two
69-unit market rate apartments. The project would involve the removal of the structures on both
sites, clean up, and clearing to make room for the proposed multi-family development.
Tonight’s action is simply to consider a land use amendment. No one is asking for the rezoning,
or comment, or any approvals of the development plan. The development plan is simply being
presented as a backdrop to why they are asking for the underlying land use. This is the first step in
preparation to get the land use amended, followed by the rezoning. The rezoning must comply
with the underlying land use. Right now, a multi-family rezoning would not comply with the B-
Business; so therefore the request is to change the land use. As part of that land use change, before
it comes to the Commission and as a recommendation to the Council, it also has to be presented
officially to the Metropolitan Council (Met Council) for their official review and recommendation.
If they decide this is inappropriate they would let staff know, hopefully within the next few weeks.
The Larson Greenhouse is a composite of approximately eight different parcels that have been
combined together by the former owner, Robert Larson, to create the Larson Garden Center. This
center ran for a number of years and closed down just a few years ago. The Mendota Motel is
situated just south of Victoria and is currently in operations. The development plan [not under
consideration] shows a single access off of Highway 13. The initial Phase 1 would start with a 69-
unit building encompassing the Mendota Motel site. Approximately 10 months later, Mr. Swenson
would start the process of clearing of the Larson Property to enable the construction of Phase 2,
another 69-unit building.
Planner Benetti shared concept images that were provided at a public information meeting a few
weeks ago by Mr. Swenson, noting the nice design and layout of the proposed buildings. The
buildings would also have underground parking.
In November 2015, a presentation was made for a very similar land use change on the Larson site.
Mr. Swenson was the same developer back then and had asked for a change of that land use from
B-Business to HR-High Density Residential. At that point he was proposing a 70-unit building;
however, that application was later withdrawn at the request of the land owner.
page 161
In November 2017, city staff was informed by Mr. Swenson that he had just secured the rights to
the Mendota Motel. Shortly thereafter he informed staff that Mr. Larson had approached him to
purchase the Larson property. Mr. Swenson then had two purchase agreements; one for the
Mendota Motel and one for the Larson site.
Planner Benetti also pointed out that staff, even though they were only required to notify property
owners within 350 feet of the proposed development area, they went a little bit further –
approximately a quarter mile out. They wanted to make sure they informed everyone in the
Augusta Shores neighborhood, all of the residents along the south side down to Furlong and
Victoria, and even further out on the west side.
Along with the 5.5 acres of the Larson site and the 2.5 acres of the Mendota Motel site, there is
also an access piece of right-of-way that runs right between the two parcels, which is owned by
the City. The City would allow that to be replatted into the site as part of the property rights.
Chair Field asked for clarification of whether the City would be abandoning their ownership of
that right-of-way as a part of this change in land use or would the change in land use take place
but the City would maintain its ownership. Planner Benetti replied that the intent is to vacate and
convey; it has not been used in years and is from the original platting in the 1890’s.
Again, the current land use is B-Business and the request is to change that land use to HR-High
Density Residential or to HR-PUD High Density Residential-Planned Unit Development. The
Augusta Shores development, located east of this site, is guided low density and is zoned R-1 with
23 duplexes or 46 units. To the south is the Furlong Addition, also guided low density and zoned
R-1. Other land uses along Lemay Lake are single-family, west of Highway 55 is pretty much a
nature preserve/cemetery/industrial park. The proposal is to construct 69 market rate apartments;
2.3 acres would be developed and the remaining 3.2 acres would be left as green space. The
applicant proposes that the apartments would employ approximately three or four full-time staff
members to manage and maintain the sites.
Hopefully by the start of this fall, Phase 1 would be underway and within nine to twelve months,
Phase 2 would begin. Each complex would be approximately 25,500 square feet. An assessment
was done on both properties and both sites were considered ‘deficient’ or ‘sub-standard’ by
building code standards. Any potential for redevelopment on both sites as a business is
questionable given the poor access.
The statement of proposed financing, the applicant states that the project would be privately
appraised and financed through a local bank. As part of the City’s efforts to help redevelopment
they are considering a Tax Increment Financing (TIF) district; this would be a TIF #2 District.
This would allow for some assistance back to the developer as part of a tax increment improvement
as made on the site to recapture some of the tax value that they can use for various items.
Planner Benetti stated that there is no industrial acreage and there is no commercial development
being proposed. The current Larson site is generating just under $2,000 worth of taxes back to the
City; the Mendota Motel is generating approximately $1,500. Working with the Ehlers Financial
page 162
Group and the TIF consultants, staff estimates with the new development that the value could go
up to as high as $100,000.
Staff also did a comparison of other communities around the metropolitan area as to guided density
and found that the trend is towards higher density in appropriate locations; which would include
good access and compatibility with surrounding land uses. Staff believes this proposed
development site would meet those criteria. Staff believes the current commercial use is struggling
and probably will never come back on this site simply because of high level of access and visibility
that a commercial enterprise would need and is not available on this site. However, a multi-family
residential use would not need the same level of access and visibility. Multi-family uses typically
need to be buffered from lower density residential uses and this site makes that relatively easy; it
is very well heavily wooded and separated by the lake.
Planner Benetti concluded his presentation by explaining that designating the site for at least the
requested 25 units/acre is appropriate, the only question would be how this should be
accomplished:
1. Amend the High Density Residential land use category in the 2030 Land Use Plan from a
maximum density of 8.5 units per acre to 25 units per acre, then amend the 2030 Land Use
Plan to re-guide the subject site as “High Density Residential”
or
2. Amend the 2030 Land Use Plan for this site to “HR-PUD High Density Residential –
Planned Unit Development”, whereby allowing a higher density to be determined by the
City
or
3. Amend the 2030 Land Use Plan to add a new land use category with a maximum allowable
density of 25 units per acre. This could be called “Urban Residential”, then amend the 2030
Land Use Plan to re-guide the subject site “Urban Residential”
Staff recommended the Planning Commission re-guide the Larson Garden Center/Mendota Motel
main sites to allow multiple-family residential uses up to 25 units/acre, following one of the three
options listed above.
Commissioner Hennes asked if the current maximum density of 8.5 units/acre is city-wide. Planner
Benetti replied that this is the maximum under the high-density land use. Commissioner Hennes
stated that there appears to be a lot of inconsistencies in the number of units per acre in the high-
density land use areas. To him, 8.5 units/acre sounds pretty small. Planner Benetti agreed.
Commissioner Hennes then asked if there has been any discussion of a more consistent level or
maybe a higher level of density. Planner Benetti replied that this application could quite possibly
lay the groundwork to explore those options down the road.
Commissioner Hennes then asked if the Met Council has a recommended standard or do they leave
it to each city depending on circumstances. Planner Benetti replied that the Met Council leaves it
up to the discretion of the local government agency.
page 163
Commissioner Roston commented that this is something that Mendota Heights should expect
going forward as a City. Any first ring suburb, like Mendota Heights, is going to have pressure to
have more high density development.
Mr. Michael Swenson or Michael Development, LLC reiterated the request and noted that without
this land use change the development is just not possible.
Chair Field opened the public hearing.
Mr. Dave Jankowski, 2070 Acacia Drive, is located immediately north of this proposed site. He
asked what the average density currently is in Mendota Heights. Planner Benetti replied that the
8.5 units/acre is a current density standard in the high density areas. Mr. Jankowski questioned the
need to raise that standard to 25 units/acre. He understands Mendota Heights being a first ring
suburb has to anticipate growth; however, he did not want to see it rush along too rapidly. He asked
that consideration be taken carefully on what 25 units/acre means for the City and the residents
who like living there, in terms of the increase in traffic on Highway 13 and in terms of other
residents in the area.
Public Works Director Ryan Ruzek shared an image of the zoning districts in Mendota Heights
and pointed out the two high density residential zoned areas; the Eagle Ridge Development and
the Lexington Apartments. There are a few PUD locations as far as along the Kensington area, the
apartment complex that went in where the Ecolab site was on Riverside Lane – so there are really
very few areas that are zoned high density residential. The request before the Commission was to
re-guide this small area as a high density planned unit development – similar to the Kensington
Development – or just to have it zoned a high density residential as the other two areas in the City.
Commissioner Hennes clarified that Mendota Heights has a mix of high density sites that have
densities much higher than 8.5 units/acre; and a lot of the reason why is because they were
advanced under a Planned Unit Development, which allows for the negotiation between the City
and the landowner to come forward with an appropriate development at an appropriate density
given the site and its properties. To suggest that the City has a standard 8.5 units/acre is not correct;
however, we have a mix up to as high as 60 units/acre in some high density developments. To ask
for an average per acre density figure is not comparing apples to apples – there are R-1 single-
family districts – Commissioner Hennes lives in an R-1 district and has one unit on a quarter acre
lot. Others in the City live on much larger lots so to suggest that that a standard density across all
of Mendota Heights is a telling characteristic is not accurate. It is necessary to look at it from the
various land use categories in determining the appropriateness of the density based upon land use
considerations.
Chair Field noted that he did not believe the Commission could answer Mr. Jankowski’s question
in terms of the density for the entire City; however, they can give at 60 units what they have at
Dodd and Highway 110. It is not a maximum, it is just what has been approved within the City.
Referencing the statement made earlier, staff estimates that with the new development the
projected annual gross TIF value could go as high as $100,000, Mr. Jankowski asked how soon
page 164
those taxes could available to the City. City Administrator Mark McNeill replied that under what
is being proposed, there would be a tax increment district and for the first nine years, any taxes
above what are currently being received by the City, the County, and the School District would to
reimburse the developer for his costs involved with the development. In year 10, those would start
to get spread and being received by the individual jurisdictions.
Mr. Steve Kraft, 1314 Furlong Avenue, asked if there was any kind of buffer zone between the
high density PUD’s and the R-1 Residential districts. Planner Benetti, pointing to the zoning map,
indicated that all of the neighborhoods to the south of this area are R-1 Residential. Without
delving too much into the proposed development plan – as it is not final and not under
consideration this evening – the plan would be to have some kind of greenway or buffer between
the site and the single-family residential areas.
Mr. Kraft then asked if anyone had any idea what affect this development would have on land
property values in the Furlong Addition and to Augusta Shores. The reply was that there really are
no ideas and anything that would be said would be speculative at best.
Ms. Katherine Haight, 2090 Acacia Drive in Augusta Shores, stated that she is happy to see this
come back to the Planning Commission. She challenged anyone to find two greater eye sores
within the City. She would love to see something better and lovelier in this area. She cited many
incidents that have occurred within the area and placed the cause on the disreputable clientele at
the Mendota Motel.
Ms. Haight did voice her concern about the location of the multi-family unit proposed to be on the
Larson property appears to be very close to Highway 13. Currently, when coming from Acacia
Drive onto Highway 13, when looking to the left the sight line is very difficult to see. The cars
come very quickly around the curve and she is concerned about that building being so close to
Highway 13. Chair Field noted, assuming this proceeds, staff will come back with some site
reviews and these types of comments would be more appropriate at that time.
Mr. Tom Hanschen, 2158 Lemay Lake Drive in the Augusta Shores Development, stated that it is
his understanding that on the north side of the Larson property is an old city road that Larson’s
acquired. He questioned what would be happening with that. Planner Benetti replied that there is
a segment of right-of-way along the north side that was brought up at the public information
meeting. There has been some inquiry from Augusta Shores to obtain that or get possession of that
as part of this process. Whenever there is an access of right-of-way, typically it is a half and half;
one half goes the other side and one half goes to the adjacent neighbors. If the other neighbor
decides he does not need that, they can give up that half right. The current tentative TIF area does
not include that area. This would be a separate issue.
Mr. Hanschen then noted that it appears to be inevitable that there is going to be high density here
and asked if the Commission were leaders leading the rest of the community or were they following
what is going on in the rest of the surrounding communities. He stated that Mendota Heights does
not necessarily need high density.
page 165
Ms. Linnea Hanschen, 2158 Lemay Lake Drive, stated her concerns about the traffic – two
buildings, each with 70 units, equaling 140 units with possibly 180 to 350 people living in the two
buildings adding up to 350 new cars every day on Highway 13; the traffic along Highway 13 has
already been increasing steadily the last few years. To go from no traffic from the Larson property
and only 19 rooms at the motel to a possible increase of 350 new cars – that is a huge increase.
[Note: an email from Tim and Mary Furlong, 2230 Furlong Avenue was received by the city on
May 22, 2017, to which a copy was presented to the Planning Commission for consideration.
Pursuant to Planning Chair Field’s request, a copy of said email and response from City
Administrator Mark McNeill is being added to the record - attached hereto as “Attachment –A”]
Mr. Swenson had no additional comments or replies to the concerns raised.
Chair Field asked for a motion to close the public hearing.
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER HENNES, TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-08 COMPREHENSIVE PLAN
AMENDMENT 2160 – 2180 HIGHWAY 13 (SIBLEY MEMORIAL HIGHWAY), BY
AMENDING THE 2030 LAND USE PLAN FOR THIS SITE TO “HR-PUD HIGH DENSITY
RESIDENTIAL – PLANNED UNIT DEVELOPMENT,” BASED ON THE FOLLOWING
FINDINGS OF FACT:
1. Commercial development in this area, in compliance with the goals and policies of the
City’s 2030 Comprehensive Plan, may not be viable due to access and visibility constraints.
2. Residential land use would be in character with other surrounding properties and the
existing vegetation and adjacent commercial use can provide a physical and visual buffer
between the proposed high-density housing and nearby low-density residential housing.
3. The proposed increased density is consistent with surrounding suburban communities and
would allow for adequate open space as part of the proposed development.
4. The increased density provides for construction of a housing type that is lacking in the City
and would help to reach the forecasted population projections.
AND WITH THE FOLLOWING CONDITIONS:
1. The proposed comprehensive plan amendment is approved by the Metropolitan Council.
2. The applicant submits the necessary complete applications in consideration of the proposed
concept development plan within twelve (12) months of receiving approval from the
Metropolitan Council.
3. If the deadline is not met, the current future land use designation for the subject parcels
may remain in place.
AYES: 5
page 166
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 6, 2017 meeting.
page 167
Request for City Council Action
MEETING DATE: June 6, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Ordinance No. 510 – Amending Title 12, Chapter 1, Article B. Rules and
Definitions Concerning New Sign Definitions and Title 12, Chapter 1, Article D.
General Zoning Provisions Concerning Certain Types Of Signs In The Business
Districts [Planning Case No. 2017-10]
Introduction
The City Council is asked to give official consideration of proposed Ordinance No. 510, which provides
an amendment to City Code Title 12-1B-2: DEFINITIONS by creating two new definitions of signs; and
amending Title 12-1D-15: SIGNS by establishing new allowances and standards for certain freestanding
type signs in the in the B-1 Limited Business and B-1A Business Park Districts.
Background
On April 25, 2017, planning staff requested Planning Commission give direction to amending certain
sections of City Zoning Code regarding signs in the B-1 Limited Business and B-1A Business Park
Districts. Under the current Sign Ordinance regulations, freestanding signs are not allowed in these two
business zoning districts. Upon brief discussions, the Commission directed staff to present this proposed
sign code changes to the City Council for direction as needed.
At the May 2nd City Council meeting, staff presented the initial recommendation from the Commission;
whereby the Council directed planning staff to continue with the preparation of an ordinance amendment
regarding these signs for further consideration.
On May 23, 2017, this item was presented before the Planning Commission under a duly noticed public
hearing for its first official consideration, along with a planning report which contained an analysis,
findings and staff recommendation (attached hereto)., . Planning staff noted that two new definitions of
signs were added in order to identify the difference between a pylons versus monument style sign. The
amendment also included similar, but reduced signage standards from other higher level business zoning
districts, which was also a result of some field observations of existing signs in the B-1 and B1-A zones
today.
There were no objections or comments from the public related to this item, except from a local business
owner who originally requested and initiated this amendment to city staff, and voiced his support of the
proposed text amendment (excerpt minutes attached).
Budget Impact
There are no impacts to the city budget.
page 168
Recommendation
The Planning Commission unanimously recommended approval (by 5-0 vote) of the proposed [draft]
Ordinance No. 510, which provides an amendment to City Code by defining new sign types (Pylon and
Monument) and allow such pylon or monument type signs in the B-1 Limited Business and B-1A
Business Park Districts with certain standards. If the City Council wishes to affirm this recommendation,
it should adopt ORDINANCE NO. 510 – AMENDING TITLE 12, CHAPTER 1, ARTICLE B. RULES
AND DEFINITIONS CONCERNING NEW SIGN DEFINITIONS AND TITLE 12, CHAPTER 1,
ARTICLE D. GENERAL ZONING PROVISIONS CONCERNING CERTAIN TYPES OF SIGNS IN
THE BUSINESS DISTRICTS.
Action Required
This matter requires a simple majority vote.
page 169
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 510
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE B. RULES AND
DEFINITIONS CONCERNING NEW SIGN DEFINITIONS
AND
TITLE 12, CHAPTER 1, ARTICLE D. GENERAL ZONING PROVISIONS
CONCERNING CERTAIN TYPES OF SIGNS IN THE BUSINESS DISTRICTS
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain:
Section 1.
Title 12-1B-2: DEFINITIONS is hereby amended as follows:
SIGN, MONUMENT: any freestanding sign independent from any building or other structure
that is mounted on the ground or mounted on a foundation base structure at least as wide as the
sign. A monument sign is typically solid from grade to the top of the structure.
SIGN, PYLON: any freestanding sign independent from any building or other structure that
has its supportive structure(s) anchored in the ground and a sign face elevated above ground by
a pole(s), post(s) or beam(s) with an open area below the face of the sign.
Section 2.
Title 12-1D-15: SIGNS: I is hereby amended as follows:
I. Signs In B And I Districts:
2. Pylon Or Freestanding Monument Sign: The erection of one pylon or monument type sign
for any single lot in the B-1, B-1A, B-2, B-3, B-4 and I districts is permitted under the
following provisions:
a. A pylon or freestanding monument sign in the B-1 and B-1A districts shall not be
higher than twenty feet (20’); and those in the B-2, B-3, B-4 and I districts shall not be
higher than twenty-five feet (25') above the average grade level at the base of the sign.
b. No part of the pylon or freestanding monument sign in any B or I district shall be less
than ten feet (10') from lot lines nor less than five feet (5') from any driveway or
parking area.
c. No part or projection from a pylon or freestanding monument sign shall be less than
fourteen feet (14') vertical distance above the grade level at the base of the sign.
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d. The gross area of any surface of a pylon or freestanding monument sign in the B-1 and
B-1A districts shall not exceed eighty (80) square feet; and those in the B-2, B-3, B-4
and I districts shall not exceed one hundred (100) square feet.
Section 3.
This ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an ordinance this 6th day of June, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
___________________________
Lorri Smith, City Clerk
(Strikeout text indicates matter to be deleted, while underlined text indicates new matter)
page 171
Planning Staff Report
MEETING DATE: May 23, 2017
TO: Planning Commission
FROM: Tim Benetti, Community Development Director
SUBJECT: Planning Case No. 2017-10
Code Amendment to Allow Pylon or Monument Type Signs in the B-1
Limited Business and B-1A Business Park Districts
APPLICANT: City of Mendota Heights
ACTION DEADLINE: N/A
INTRODUCTION
City staff is requesting the Planning Commission consider amending City Code Title 12-1B-2:
DEFINITIONS by creating two new definitions of signs; and amending Title 12-1D-15: SIGNS by
establishing new allowances and standards for certain freestanding type signs in the in the B-1 Limited
Business and B-1A Business Park Districts.
This item is being presented under a duly noticed public hearing process. A notice of hearing on this item
was published in the local South-West Review newspaper.
BACKGROUND
At the April 25, 2017 meeting, Planning Staff presented a request for Planning Commission action (or
direction) to staff to initiate a process of amending certain sections of City Zoning Code, regarding signs in
the B-1 Limited Business and B-1A Business Park Districts.
Staff indicated a local business owner located inside a B-1 zoned area asked to install a new freestanding
sign, but was denied due to Zoning Code does not allow such signs in this or the B-1A zones. Staff also
stated that although this preclusion has been in effect for quite some time; it appears other businesses located
inside similar B-1 and B-1A zones already have signs, yet staff was unable to determine if they were granted
by variance or simply administratively approved by the city.
Upon receiving a favorable (verbal) recommendation to proceed on this matter, the Commission directed
staff to present this proposed sign code changes to the City Council for direction as needed.
At the May 2nd meeting, staff presented the initial recommendation from the Commission; generally
supported the request to change the ordinance; and directed planning staff to prepare an ordinance for future
consideration.
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DISCUSSION
The City can use 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.
Staff has now prepared a draft ordinance No. 510 – included herein) for review. The new language now
includes an added amendment to Title 12-1B-2 Definitions by adding new definitions for “Pylon Sign” and
“Monument Sign”, noted as follows:
SIGN, MONUMENT: any freestanding sign independent from any building or other structure
that is mounted on the ground or mounted on a foundation base structure at least as wide as
the sign. A monument sign is typically solid from grade to the top of the structure.
SIGN, PYLON: any freestanding sign independent from any building or other structure that has
its supportive structure(s) anchored in the ground and a sign face elevated above ground by a
pole(s), post(s) or beam(s) with an open area below the face of the sign.
Staff added these due to the questions generated at the April 25th meeting, and also felt it was important to
differentiate these two signs from each other in future sign permit reviews.
The ordinance also amends Title 12-1D-15: Signs - with the following text or language change (note new
language is underlined text while deleted text is shown as strikethrough text):
I. Signs In B And I Districts:
2. Pylon Or Freestanding Monument Sign: The erection of one pylon or monument type
sign for any single lot in the B-1, B-1A, B-2, B-3, B-4 and I districts is permitted under the
following provisions:
a. A pylon or freestanding monument sign in the B-1 and B-1A districts shall not be higher
than twenty feet (20’); and those in the B-2, B-3, B-4 and I districts shall not be higher
than twenty-five feet (25') above the average grade level at the base of the sign.
b. No part of the pylon or freestanding monument sign in any B or I district shall be less
than ten feet (10') from lot lines nor less than five feet (5') from any driveway or parking
area.
c. No part or projection from a pylon or freestanding monument sign shall be less than
fourteen feet (14') vertical distance above the grade level at the base of the sign.
d. The gross area of any surface of a pylon or freestanding monument sign in the B-1 and
B-1A districts shall not exceed eighty (80) square feet; and those in the B-2, B-3, B-4 and I
districts shall not exceed one hundred (100) square feet.
The Commission should note that staff is recommending slightly different height and size standards for the
B-1 and B-1A zoned signs. The reason for this reduced standard is the in-field observations that appear to
show the existing signs are at or around these sizes. The Commission may elect to revise these standards,
or allow the B-1 and B-1A to have the same standards as the B-2, B-3 and B-4 districts.
page 173
ALTERNATIVES
Following the public hearing and discussion, the Planning Commission may consider the following actions:
1. Recommend approval of DRAFT Ordinance 510, as presented or as amended by the Commission.
OR
2. Recommend denial of DRAFT Ordinance 510.
OR
3. Table the request, pending additional information and revisions from staff.
STAFF RECOMMENDATION
Staff recommends the Planning Commission discuss the proposed code amendment as presented in the draft
ordinance document. If acceptable to the Commission, action can be taken at this meeting and a
recommendation and final draft version will be forwarded to the City Council for final consideration.
Staff would propose to bring back any substantial revisions for review and further discussion at a future
meeting prior to making any final recommendation to the City Council.
MATERIALS INCLUDED FOR REVIEW
1. DRAFT Ordinance 510
page 174
CITY OF MENDOTA HEIGHTS 1
DAKOTA COUNTY, MINNESOTA 2
3
ORDINANCE NO. 510 4
5
AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE B. RULES AND 6
DEFINITIONS CONCERNING NEW SIGN DEFINITIONS 7
AND 8
TITLE 12, CHAPTER 1, ARTICLE D. GENERAL ZONING PROVISIONS 9
CONCERNING CERTAIN TYPES OF SIGNS IN THE BUSINESS DISTRICTS 10
11
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 12
13
Section 1. 14
15
Title 12-1B-2: DEFINITIONS is hereby amended as follows: 16
17
SIGN, MONUMENT: any freestanding sign independent from any building or other structure 18
that is mounted on the ground or mounted on a foundation base structure at least as wide as the 19
sign. A monument sign is typically solid from grade to the top of the structure. 20
21
SIGN, PYLON: any freestanding sign independent from any building or other structure that 22
has its supportive structure(s) anchored in the ground and a sign face elevated above ground by 23
a pole(s), post(s) or beam(s) with an open area below the face of the sign. 24
25
26
Section 2. 27
28
Title 12-1D-15: SIGNS: I is hereby amended as follows: 29
30
I. Signs In B And I Districts: 31
32
2. Pylon Or Freestanding Monument Sign: The erection of one pylon or monument type sign 33
for any single lot in the B-1, B-1A, B-2, B-3, B-4 and I districts is permitted under the 34
following provisions: 35
36
a. A pylon or freestanding monument sign in the B-1 and B-1A districts shall not be 37
higher than twenty feet (20’); and those in the B-2, B-3, B-4 and I districts shall not be 38
higher than twenty-five feet (25') above the average grade level at the base of the sign. 39
40
b. No part of the pylon or freestanding monument sign in any B or I district shall be less 41
than ten feet (10') from lot lines nor less than five feet (5') from any driveway or 42
parking area. 43
44
c. No part or projection from a pylon or freestanding monument sign shall be less than 45
fourteen feet (14') vertical distance above the grade level at the base of the sign. 46
47
page 175
d. The gross area of any surface of a pylon or freestanding monument sign in the B-1 and 48
B-1A districts shall not exceed eighty (80) square feet; and those in the B-2, B-3, B-4 49
and I districts shall not exceed one hundred (100) square feet. 50
51
Section 3. 52
53
This ordinance shall be in effect from and after the date of its passage and publication. 54
55
Adopted and ordained into an ordinance this 20th day of June, 2017. 56
57
CITY COUNCIL 58
CITY OF MENDOTA HEIGHTS 59
60
61
62
Neil Garlock, Mayor 63
ATTEST 64
65
66
___________________________ 67
Lorri Smith, City Clerk 68
69
70
71
(Strikeout text indicates matter to be deleted, while underlined text indicates new matter) 72
page 176
F) PLANNING CASE #2017-10
CITY OF MENDOTA HEIGHTS
CODE AMENDMENT TO ALLOW PYLON OR MONUMENT TYPE SIGNS IN THE B-
1 LIMITED BUSINESS AND B-1A BUSINESS PARK DISTRICTS
Planner Timothy Benetti explained that at the last Planning Commission meeting staff asked for
direction on whether or not to pursue a code amendment to allow pylon or monument type signs
in the B-1 Limited Business and B-1A Business Park Districts. The Commission gave direction to
pursue with the understanding that staff should ask the Council. The Council was very supportive
of this and gave directions.
Staff officially requested consideration of this item and prepared a draft ordinance No. 510 with
new language that now includes an added amendment to Title 12-1B-2 Definitions for “Pylon
Sign” and “Monument Sign.” The public hearing was duly noticed and no comments have been
received from residents, either in favor or in opposition.
The new definitions are as follows:
SIGN, MONUMENT: any freestanding sign independent from any building or other structure that
is mounted on the ground or mounted on a foundation base structure at least as wide as the sign.
A monument sign is typically solid from grade to the top of the structure.
SIGN, PYLON: any freestanding sign independent from any building or other structure that has
its supportive structure(s) anchored in the ground and a sign face elevated above ground by a
pole(s), post(s) or beam(s) with an open area below the face of the sign.
The ordinance also amends Title 12-1D-15 with new text or language changes, as outlined in the
staff report. Commissioner Petschel asked if the original limitation in height was to prohibit
vertical obstructions. Planner Benetti replied that he would agree with that assumption.
Councilmember Noonan asked, referencing the last meeting where it was mentioned that a number
of pylon or monument signs existed in the B-1 and B-1A district, if the existing signs meet the
new provisions in the draft ordinance or are they creating non-conforming uses. Planner Benetti
replied that, based on his observations, most of the monument signs do. However, the office
building just to the south of City Hall [Mendota Office Center] is over 200 square feet and would
not meet the new provisions. But that sign plan was approved under that development agreement.
Chair Field opened the public hearing.
Mr. Jon Faraci, owner of 1200 Centre Pointe Curve, noted that he would like to install a monument
sign and that is what started this initiative. He respectfully requested that the Commission approve
the draft ordinance. Commissioner Noonan asked if he was comfortable with the recommended
size, heights, and square footage. Mr. Faraci replied that he would like to have 100 square feet, but
if it is limited to 80 then he would work within the limitations. There are twelve tenants in the
building so the signage would be pretty small but he could work with the recommendations.
page 177
Chair Field asked for a motion to close the public hearing.
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO
RECOMMEND APPROVAL OF PLANNING CASE 2017-10, DRAFT ORDINANCE 510, AN
ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE B. RULES AND
DEFINITIONS CONCERNING NEW SIGN DEFINITIONS AND TITLE 12, CHAPTER 1,
ARTICLE D. GENERAL ZONING PROVISIONS CONCERNING CERTAIN TYPES OF
SIGNS IN THE BUSINESS DISTRICTS AS PRESENTED
AYES: 5
NAYS: 0
ABSENT: 2 (Magnuson, Costello)
Chair Field advised the City Council would consider this application at its June 6, 2017 meeting.
page 178
Request for City Council Action
DATE: June 6, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Award Contract for Completion of a Classification and Compensation Study
COMMENT:
Introduction
The City Council is asked to award a contract for the completion of a Classification and
Compensation Study.
Background
The City Council approved the release of a Request for Proposal (RFP) for the completion of a
Classification and Compensation Study at the May 2, 2017 City Council meeting. The RFP laid
out a scope of services which included a review of current city job descriptions and
classifications, establishment of a job evaluation system and review of internal equity and
market competitiveness.
The City received six responses by the May 24 deadline. Proposals were received from DDA
Human Resources Inc.; Springsted Incorporated; McGrath Human Resources Group; Flaherty
& Hood, P.A.; Arthur J. Gallagher & Co.; and Paypoint HR.
Proposals were reviewed and evaluated by the City Administrator and Assistant City
Administrator using the criteria established in the RFP. Each respondent submitted a thorough
and complete proposal, and cost of services ranged from $11,500 to $37,500.
Staff is recommending the selection of Springsted Incorporated. Springsted Incorporated is well
qualified to complete the requested services. Springsted has developed specialized expertise in
performing human resources and compensation studies and currently serves as the classification
consultant for several municipalities throughout Minnesota. They have familiarity with the City
and have provided similar services to the City in the past. Reference checks were conducted
and responses regarding services were positive.
Springsted’s proposal is within the allocated budget for the project. Springsted will perform the
requested tasks as outlined in the Request for Proposals for a professional fee not to exceed
$12,600.
Budget Impact
The 2017 budget includes $15,000 for purposes of completing a Job Classification and
Compensation Study.
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Any changes recommended to bring the City into compliance with Pay Equity requirements
would need to be instituted by the end of this year. Otherwise, any other recommended
changes in compensation will be the subject of future negotiations and budget cycles.
Recommendation
Staff recommends awarding the contract for the completion of a Classification and
Compensation Study to Springsted, Incorporated.
Action Required
If the Council concurs, it should, by motion, award the contract to Springsted, Incorporated for
the completion of a Classification and Compensation Study.
page 180
Request for City Council Action
DATE: June 6, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Authorize Release of Request for Quotes for Fiber Optic
COMMENT:
Introduction
The City Council is asked to authorize the release of a Request for Quotes for installation of
conduit and fiber optic cable to City Hall, the Fire Department building and Public Works
building.
Background
Dakota County, in partnership with Dakota County cities and the Dakota County CDA,
continues to work towards the development of a Joint Powers Agreement which would link
designated public facilities (Dakota County, the cities in Dakota County, and schools) with high
speed data infrastructure and broadband capabilities as well as coordinated administration of the
network.
Staff has been working with LOGIS to study and identify options for connecting City Hall,
Public Works and the Fire Department to the Dakota County fiber ring--the Institutional
Network (I-Net). It has been determined that fiber connectivity is possible at all three
locations.
To better understand the potential costs of installation of the fiber and infrastructure, LOGIS,
acting as project manager for the City, has prepared three Request for Quotes (RFQ) to place
conduit and fiber optic cable to connect all three buildings to Dakota County’s fiber ring. The
shortest connection is that to the Fire Department, as fiber is located across the street, running
along Dodd Road. The connections to City Hall and Public Works are lengthier connections,
totaling approximately 1.5 miles.
City staff has been working with Dakota County Information Technology staff to determine
timing, project management and financing of the City’s connections. Installation of two of the
connections, Public Works and City Hall, would fill an identified “gap” in the I-Net structure
and are a priority in the development of the County-wide partnership/Joint Powers Agreement.
Budget Impact
There is no immediate budget impact with the release of the Request for Quotes.
The City is currently working with Dakota County on a cost sharing agreement for installation
and materials related to this project. If it is determined to go ahead with installation, the City’s
portion of costs would be paid with funds made available from the City Cable Fund.
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Recommendation
Staff recommends that the Council authorize LOGIS to be the project manager for the City.
Further, we recommend the release of the proposed Request for Quotes. To seek prices for the
installation of conduit and fiber optic to City Hall, the Fire Department building, and Public
Works building for purposes of connecting to Dakota County fiber network.
Action Required
If the Council concurs, it should, by motion, authorize the release of the Request for Quotes for
the installation of conduit and fiber optic cable to City Hall, the Fire Department building and
Public Works building for purposes of connecting to Dakota County fiber.
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Mendota Height City Hall Fiber Optic Project Page 4 City Hall Fiber Route page 183
Mendota Height Public Works Fiber Optic Project Page 4 Public Works Fiber Route page 184
Mendota Height Fire Department Fiber Optic Project
Page 4
Fire Department Fiber Route
page 185