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2019-08-07 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA Wednesday, August 7, 2019 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 July 16, 2019 City Council Minutes b. Acknowledge the June 25, 2019 Planning Commission Meeting Minutes c. Acknowledge the July 11, 2019 Planning Commission Special Meeting Minutes d. Acknowledge the March 20, 2019 Airport Relations Commission Meeting Minutes e. Acknowledge the May 14, 2019 Airport Relations Commission Meeting Minutes f. Approval of Temporary Liquor License for St. Thomas Academy, Sept 25-27, 2019 g. Approve Resolution 2019-55 Acceptance of MOMS Club Donation h. Approve Police Officer Hire i. Approve Purchase Order for Hagstrom King Park Basketball Expansion j. Approve Purchase Order for Marie Park Pickle Ball Striping k. Resolution 2019-56 Accept Plans and Authorize an Advertisement for Bids on the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvements l. Acknowledge Fire Synopsis from June 2019 m. Approval of Claims List 6. Citizen Comment Period *see guidelines below 7. Presentations a. Proclamation Recognizing the Saint Thomas Academy Class AAA Baseball State Tournament Championship b. Presentation of Recognition Plaque to Ira Kipp for His Service on the Parks and Recreation Commission 8. Public Hearings-none 9. New and Unfinished Business a. Resolution 2019-53 Approving a Critical Area Permit for New Garage/Living/Deck Additions to 1175 Orchard Place (Planning Case No. 2019-21) b. Resolution 2019-54 Approving a Conditional Use Permit with Variance for Oversized Garage Structure located at 2319 Swan Drive (Planning Case No. 2019-22) c. Resolution 2019-57 Accept Bids and Award Contract for the Wesley Neighborhood Improvements 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 2019 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. Councilors Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. MOMENT OF SILENCE A moment of silence was held in memory of Police Officer Scott Patrick (EOW July 30, 2014). AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) UPDATE ON FIRE STATION EXPANSION/REMODEL BY PAUL OBERHAUS, CPMI Mr. Paul Oberhaus, Construction Manager, stated that the power lines at the Fire Station site have now been relocated and the rest of the site has been cleared. The footings for the foundation of the north addition and for the museum addition on the east side have been installed. Coming up, the block work and backfilling will be completed, and the walls will be erected along the perimeter. Toward the end of this month, the hope is to have the precast plank fit to form the mezzanine floor. In early August, the bar joists and deck will be going up on the roof. He said that the project is currently running behind schedule, but the goal is to have the building enclosed before the onset of winter. page 3 CONSENT CALENDAR Mayor Garlock presented the consent calendar for approval. Councilor Petschel moved approval, pulling items f.) Approve Purchase Orders for the Control of Invasive Plant Species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Oȟéyawahe/Pilot Knob Historic Site and k.) Approval of Claims List. a. Approval of July 2, 2019 City Council Minutes b. Approval of July 9, 2019 Council Work Session Minutes – City Attorney Interviews c. Approval of July 9, 2019 Joint Council–Parks Recreation Commission Work Session Minutes d. Approve Temporary Liquor License for Holy Family Maronite Church for Sept 6-8, 2019 e. Approve Agreement with Seminole Funding Resources, LLC, and Northfield Solar LLC, relating to a subscription to a solar garden in Rice County f. Approve Purchase Orders for the Control of Invasive Plant Species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Oȟéyawahe/Pilot Knob Historic Site g. Approve Out of State Travel for Fire Department h. Acknowledge May 2019 Fire Synopsis i. Acknowledge April – May Par 3 Financial Reports j. Approval of the Building Activity Report k. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVE PURCHASE ORDERS FOR THE CONTROL OF INVASIVE PLANT SPECIES WITHIN VALLEY PARK, ROGERS LAKE PARK, COPPERFIELD PONDS PARK, AND THE OȞÉYAWAHE /PILOT KNOB HISTORIC SITE Councilor Duggan requested a review of the plans for the removal of the invasive species. Public Works Director Ryan Ruzek explained that the city has been working with Great River Greening for several years on controlling invasive species. At Valley Park, the focus has been on removing buckthorn and garlic mustard. Xcel Energy has proposed to have an Xcel employee volunteer event, which will help to offset some of the costs for hauling the Buckthorn out of the area. At Rogers Lake Park, this is the third year for treatment of buckthorn removal. This year, the focus would be on the western edge of the lake. At Copperfield Ponds Park, this is the first year for treatment. The work will include removing some undesirable trees and buckthorn. They hope to open up oak grove vistas and contain some maples. They will also do a reduction of the dogwoods. At the Pilot Knob Historic Site, they plan to begin phase four. The city has been working on converting this area back to native prairie. Councilor Duggan asked if Mr. Ruzek believed these efforts are being successful. Mr. Ruzek replied in the affirmative, however, it is very challenging. Councilor Miller asked if there was a date set for the Xcel Energy event. Mr. Ruzek replied that the actual date has not been set. This would be an Xcel event and not open to the public. page 4 Councilor Duggan moved to authorize purchase orders for the control of invasive plant species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Oȟéyawahe/Pilot Knob Historic Site. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilor Duggan asked for the number of trees that had been removed for the payment of $4,975 to Savatree. City Administrator Mark McNeill replied that the city had budgeted $30,000 for tree removal, primarily emerald ash. This bill was for the removal of three large boulevard trees. At this time the city is having a tree survey completed of the city’s parks that may indicate that emerald ash borer is spreading throughout the community. It is anticipated that the city will see similar invoices in the future and staff will likely recommend increasing the annual budget amount for next year’s budget. Councilor Miller asked if the trees had been replaced. Mr. McNeill replied that at this point, the cost was only for the removal. Staff will be looking at the possibility of replacements later. Councilor Duggan moved to approve the Claims List. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2019-50 ORDER PLANS FOR THE TOWN CENTER/VILLAGE BOULDER RETAINING WALLS IMPROVEMENTS Public Works Director Ryan Ruzek introduced Mr. Anthony Sellner of Stonebrooke Engineering, who explained the Town Center/Village boulder retaining wall improvement project. In 2004, these boulder walls were constructed on Outlot E, located at Oak Street and Market Street. In 2018, it was identified that the walls were failing and jersey barriers were added for safety along the trail. It is believed that the cause of the failure was due to the improper sizes of the boulders based on the height of the wall and due to some backfill issues. Additionally, it is proposed to reconstruct the wall at Victoria Road and Walsh Lane at the same time, which was constructed in 2015. It was identified as failing in 2018. There is an inch of block separation currently, due to lack of geo-grid installation on this four to five-foot high wall. page 5 Stonebrooke Engineering has proposed a boulder wall replacement on Outlot E with larger rocks. The Outlot E retaining wall reconstruction, including indirect costs, is estimated to be $411,701. Funding for the Outlot E would be through assessments and municipal bonds. The Victoria Rd S–Walsh Lane modular block wall reconstruction, including indirect costs, is estimated to be $58,415. They hope to salvage and reinstall most of the block in place. They would install wire fences and ornamental fences and reestablish landscaping on the site. This would be funded with municipal bonds. It is anticipated that the reconstruction would be completed by November 2019. Councilor Miller asked if the boulders being removed from Outlot E would be repurposed elsewhere. Mr. Sellner replied that there are options available for the reuse of the boulders. They could be used for the upper layers of the new wall, or they could be reused for another project. The cost for the contractor to move the boulders to another site for storage has been factored into the cost. Councilor Miller noted that he would prefer that the city stockpile the boulders for future use. Councilor Paper asked for the approximate number of square feet of the wall on Victoria Curve. Mr. Sellner replied that it is approximately 805 square feet. Councilor Paper asked if they would reuse the bottom rows of block. Mr. Sellner replied that the block seems to be in good shape and they intend to reuse as much as possible. Regarding the Village, Councilor Paper asked if there would be enough space to get large equipment in there to move the boulders. Mr. Sellner answered that with the parking lot behind the commercial properties and the trail, they would have plenty of room for the equipment. Councilor Paper asked what would ensure that the city could find a contractor willing to do this work. Mr. Sellner replied that there is never a guarantee for securing a contractor. Many contractors for building boulder walls are one man crews. Because of the stacking that is required, a second person may be needed. When asked what they would do differently to prevent wall failure, Mr. Sellner replied that they would be installing their own select stock and would control what kind of backfill would go behind the wall. The fence at the top of the wall would be one to two feet back from the top edge of the wall. Councilor Duggan asked if there would be any contact with the residents in the area being impacted. Mr. Ruzek replied that most of the impacted neighbors in The Village are being notified as this is a specially assessed project. The Homeowners Association has been very involved with this project. As for Walsh Lane, the City plans to notify the one landowner who would be impacted. Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 page 6 No one wished to be heard on this issue. Mayor Garlock moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Councilor Petschel moved to adopt RESOLUTION 2019-50 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS (PROJECT #201810). Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-51 APPROVING (OR DENYING) A VARIANCE TO ISD NO. 197 FOR NEW AQUATICS CENTER AT HENRY SIBLEY HIGH SCHOOL, 1870 DELAWARE AVENUE (PLANNING CASE 2019-18) Community Development Director Tim Benetti explained that on July 11, 2019, the Planning Commission held a special public hearing to reconsider the variance request for the aquatic center. Mr. Benetti shared architectural renderings and conceptual site plans showing the building elevations, the landscaping, and the berm. Councilor Petschel noted the addition of the pollinator friendly landscaping and that the lights and signage on the east side of the building were addressed. Councilor Duggan asked for confirmation that the School District and the School Board had been apprised of the changes in the resolution. Mr. Benetti confirmed that they have been informed. Councilor Duggan expressed his appreciation to the efforts put in by the community, school district, and the staff in coming up with an excellent product. Mayor Garlock stated that he received many emails and texts from residents expressing their approval of this project and variance request. Councilor Petschel moved to adopt RESOLUTION 2019-51 APPROVING A VARIANCE FOR A NEW AQUATIC CENTER AT HENRY SIBLEY HIGH SCHOOL LOCATED AT 1897 DELAWARE AVENUE (PLANNING CASE NO. 2019-18). Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 page 7 B) RESOLUTION 2019-46 DENYING (OR APPROVING) A VARIANCE FOR REDUCED DRIVEWAY SETBACK AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2091-14) Community Development Director Tim Benetti explained that this request was from Mr. Jim Carlson for property located at 1562 Wachtler Avenue. Mr. Carlson is looking to build a new detached garage in his rear yard and is asking for a variance to the required side-yard setback for a new driveway to the new garage. City Code requires all driveways in residential zones to be 5-feet from the side lot lines. Mr. Carlson’s proposed driveway would leave a setback of only 2.5 feet. The subject property is 1.77 acres in size with a 5,345 square foot single-family residential dwelling with an attached garage. Mr. Benetti shared an image of the site and indicated the location of the home, the current driveway, the proposed new garage, and proposed new driveway. The Planning Commission held a public hearing on the request on May 28, 2019 and tabled it. They directed staff to work with the applicant on alternatives to reduce or eliminate the need for the variance. This item was presented again at the Planning Commission’s June 25th meeting where staff reported the most feasible option for the driveway location was as originally requested. The Planning Commission recommended denial of this application by a vote of 6-1. Councilor Duggan asked if there would be enough of a driveway entrance for a fire truck to access the new garage should a fire break out. Mr. Benetti replied probably not. Councilor Miller noted that the firefighters would most likely drive in as far as possible and then pull a hose to the site of the fire. From a firefighter perspective, he did not have any concerns. Councilor Duggan stated, having walked the property quite a bit, that he could not see any other way this could be done reasonably. He suggested that the language in the third WHEREAS in the resolution of approval should read . . .”encroach 50% in the required five-foot setback . . .” He also stated that the property is currently well screened and he expected that would continue in the future. Councilor Paper stated that the intent of the rule to allow an extra garage on a large property seems to be that if one had a large property, they would have flexibility. In this case, there are trees in the back corner and it also does not seem reasonable. However, looking at a garage on the other side of the property, along Wachtler, seems like something that could be done without encroaching on any neighbor. He questioned the water runoff if a significant rainfall were to occur; and the pressure that would be put on the retaining wall. Mr. Benetti replied that this would require a variance to the front yard setback. Although the home is situated at an angle, it appears this area is the side yard and it is actually the front yard because it is along the Wachtler Avenue right-of-way and a garage cannot be built in the front yard. Additional discussion occurred between the Council and Mr. Benetti on the need for significant fill due to the grade of the property if the garage and/or driveway were located elsewhere on the property. Councilor Miller pointed out the second ‘practical difficulties’ test that states that “the plight of the property owner is due to circumstances unique to the property, not created by the property owner”; page 8 however, there are opportunities to find alternatives. He understands the ease the proposed location would provide, however, he cannot agree with it. Councilor Petschel stated that her major concern with this application was the drainage between this lot and the neighbors. Making a change to the backyard aesthetics may become necessary to accomplish a desired action and still be in compliance. Mayor Garlock also walked the property and talked to Mr. Benetti about the pavers and the ability to drain the water. Mr. Jim Carlson, 1562 Wachtler Avenue, stated that he has started building a retaining wall, to correct the drainage issue. His neighbor has expressed appreciation for it because he has been getting water into his basement. The new garage would add five to seven feet of space on each side of the existing shed’s footprint. Putting the new garage near Wachtler Avenue would ruin the entire view of the yard. By putting a garage door on the backside of the current garage would be problematic. The easiest way to get into the new garage is via the proposed driveway. Councilor Duggan asked if the new garage would have the appropriate setbacks. Mr. Benetti replied that Mr. Carlson’s 186 square foot garage would require a 10-foot setback off of the north and 10-foot setback off of the east line. The proposed building meets that. Councilor Paper asked for clarification on the permeable pavers that are to be used. Mr. Carlson replied that he believed them to be approximately 5-inches in depth, 2-feet wide by 2-feet long. He then asked if the retaining wall, because of the height and width and then the addition of load, needed some kind of stabilization. Mr. Carlson replied that the wall would only be three feet high and they plan to put in class five recycled concrete and back-fill. He just needs enough space to get past the house. Councilor Paper asked what was preventing them from having an 8.9-foot driveway at the corner of the garage (pinch point). Mr. Carlson said he could probably do that. Councilor Paper pointed out that if that was done, he would not need a variance. Councilor Paper asked for confirmation that an 8-foot 10.5- inch driveway off of the corner of the garage would not need a variance. Mr. Benetti confirmed. Mr. John Trojack, 786 Upper Colonial Drive, spoke at the Planning Commission meeting and most of his comments are already in the record there. He shared an image of the subject property and indicated where a current driveway is already located and a flat area of the rear yard where he believed the new garage could be placed. It seemed to him that there were other options for this garage. To him, the installation of a driveway per Mr. Carlson’s request would equate to an alley being installed behind his property. Mr. Carlson states that he would most likely only use the driveway once or twice a year, which does not seem reasonable to him. Mr. Carlson would not be living on the property forever and this would be a permanent change, a permanent alley. Mr. Trojack addressed Planning Commissioner Mazzitello’s comments from the Planning Commission meeting regarding the retaining wall. Commissioner Mazzitello stated that because a retaining wall could not be driven on, the wall would have to be placed on the outside of the 11.5 feet driveway. page 9 Commissioner Mazzitello stated that they would not be leaving a setback of 2.5 feet; they would be exhausting the entire setback area. Mr. Allen Weslander, 798 Upper Colonial Drive, stated that his property runs along Mr. Carlson’s property. By building this retaining wall, installing permeable blocks, and putting in a driveway, the erosion issues would be eliminated. He explained that Mr. Carlson has made a lot of improvements on this property and this proposed roadway and garage would be top notch. Councilor Paper asked Mr. Carlson to confirm that the fence sits on his property. Mr. Carlson confirmed. Councilor Paper asked if the fence was going to stay or if he would be putting the retaining wall up to the edge of the property line to gain as much space as possible. Councilor Duggan noted that if the retaining wall eliminates the entire setback, he would not be in support. He would prefer that the applicant come back with engineering drawings. He explained that Mr. Carlson has the right to build a garage. However, having the need to store stuff is not a sufficient reason to approve a variance for the installation of the driveway to get to the garage, when there are other options available to solve the problem. Councilor Petschel expressed her concerns about the strength of the retaining wall to drive upon. She was not against the retaining wall itself. However, they could put in the retaining wall without the installation of the driveway – they are not necessarily tied together. Councilor Paper asked what kind of blocking he was proposing to use. Mr. Carlson stated that he chose the largest block from Menards, 65 lbs. each. Councilor Paper concluded that he was concerned about the additional load being put on the retaining wall at the pinch point. Mr. Carlson stated that he would work with the installer on that since he is the expert. Councilor Duggan stated that he believed the Council should consider tabling this request and have Mr. Carlson return with designs and additional information. This would allow the Council to address what is going to be done. Councilor Petschel expressed her desire to make a clear decision now and if the Council is wavering on any issues then they should deny the request and they could waive the year waiting period before Mr. Carlson could return. Councilor Paper stated that if Mr. Carlson were to come up with an alternative plan that did not need a variance, then he would not need to come back at all. Councilor Duggan moved to adopt RESOLUTION 2019-46 DENYING A VARIANCE FOR REDUCED DRIVEWAY SETBACK AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2019-14). Councilor Petschel seconded the motion, and proposed a friendly amendment to add to the motion, waiving the waiting period to return to Council. Councilor Duggan agreed to the friendly amendment. Ayes: 5 Nays: 0 page 10 C) RESOLUTION 2019-52 APPOINTMENT TO THE PARKS AND RECREATION COMMISSION City Administrator Mark McNeill explained that with the resignation of Mr. Ira Kipp from the Parks and Recreation Commission, the Council directed staff to contact each of the seven candidates who applied to the Commission in January 2019. Five of the previous seven candidates were still interested in the position. The Council was asked to determine which of these five individuals should be appointed to the vacant position. The position’s term would expire on January 31, 2021. Mayor Garlock nominated Mr. Patrick Cotter to the Park and Recreation Commission. Councilor Petschel seconded the nomination. Ayes: 5 Nays: 0 Councilor Petschel moved to adopt RESOLUTION 2019-52 APPOINTING MR. PATRICK COTTER TO FILL A VACANCY ON THE PARKS AND RECREATION COMMISSION. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) APPROVE CONTRACT FOR MUNICIPAL LAW SERVICES WITH BEST AND FLANAGAN City Administrator Mark McNeill explained that City Attorney Andrew Platt resigned from the law firm of Eckberg-Lammers in May 2019 to take a new position with Best and Flanagan. The city then sent out Requests for Proposals for legal services. Mr. Platt agreed to serve as City Attorney during the interim. Nine firms responded to the RFP and the City Council interviewed four of them. The consensus of the City Council was to approve Best and Flanagan, with Mr. Pratt serving as the primary attorney. Councilor Petschel asked for confirmation that an indemnity paragraph was included in the contract. Mr. McNeill confirmed. Councilor Paper asked if there had been any discussion with Best and Flanagan about the per-meeting rate to be $200 rather than $300. Mr. McNeill replied that Best and Flanagan does not charge for travel time as some firms do. Staff felt that if they did not charge for travel time, then the $300 per-meeting rate would be acceptable. Councilor Petschel moved to authorize the execution of a Contract for Legal Services with the law firm of Best and Flanagan. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 page 11 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the final two concerts for the Summer Concert Series in Mendakota Park will be held on July 24 – Kids Dance and August 8 – Goombas. The Cliff Timm Memorial Fishing Derby will be held on August 1, 2019. Night to Unite is taking applications for block parties. He reminded residents to register on the city’s website. The next City Council meeting will be held on Wednesday, August 7th, due to Night to Unite being held on Tuesday, August 6th. He reminded residents to check the MnDOT website for work being done on I-494 and possible closings of lanes and ramps. Observance of the 5th anniversary of the passing of Officer Scott Patrick will be held on July 30th at the West St. Paul site where the incident occurred at 12:20 p.m. COUNCIL COMMENTS Mayor Garlock expressed his appreciation to the City of Mendota for allowing Councilor Paper and himself to walk in their parade last weekend. Councilor Paper stated that this was a good meeting. He expressed his appreciation and looks forward to the high school swimming pool moving forward. Councilor Duggan congratulated the school on the new aquatic center to be built. He requested Chief McCarthy address the upcoming changes in the law regarding hands-free driving and use of cell phones. Chief McCarthy noted that on August 1, 2019, it will be against the law to have a cell phone in hand while driving. This would be a moving violation. The only exception would be for emergency phone calls. If the cell phone is on a stand on the dashboard, it must be one-touch activation. A person cannot be typing or moving between apps on a cell phone. It must be voice controlled or one-touch only. Councilor Duggan announced that his son has been named one of the Best Lawyers in America. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:01 p.m. ____________________________________ Neil Garlock ATTEST: Mayor _______________________________ Lorri Smith City Clerk page 12 June 25, 2019 Mendota Heights Planning Commission Meeting Page 1 of 26 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES June 25, 2019 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 25, 2019 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Approval of Agenda The agenda was approved as submitted. Approval of May 28, 2019 Minutes The following edits to the minutes were noted:  Page 9; Findings of Fact E) the resolution number needs to be completed  Page 14; Condition 3 should read “. . . and shall not drain directly . . .”  Page 18; middle paragraph should read “. . . moved from Macalester-Groveland . . .” COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN TO APPROVE THE MINUTES OF MAY 28, 2019, AS AMENDED AYES: 7 NAYS: 0 Hearings A) PLANNING CASE #2019-17 EDWARD SWEENEY, 777 WENTWORTH AVENUE PRELIMINARY PLAT Community Development Director Tim Benetti explained that this request from Mr. Ed Sweeney to replat his personal property into three separate lots. The property is located on the northeast corner of Wentworth Avenue and Wachtler Avenue and addressed as 777 Wentworth Avenue. This item was presented under a public hearing and notices were published in the local paper and notices were mailed to everyone within 350 feet of the subject property. Staff received no written comments or objections to this application. Mr. Benetti shared an image of the subject property and noted that it is 3.22 acres, with 0.7 acres considered as County Road #8 right-of-way. There is an existing 2,108 square foot single-family page 13 June 25, 2019 Mendota Heights Planning Commission Meeting Page 2 of 26 dwelling with a two-car tuck-under garage, a detached garage, and shed, and another accessory shed/structure. If approved, all three lots would meet the applicable R-1 District standards. Lot 2, with the existing dwelling, could potentially be split in the future into two conforming residential lots under a separate lot split request and consideration. The proposed lot 3 has an existing creek channel and no new development, surfaces, or structures would be permitted to impact that area. This area would be subject to a Wetlands Permit. The trail along Wentworth Avenue encroaches over what would be considered the new property line for Lot 2. Unless the County requires this right-of-way line to be readjusted, the city will request the Applicant provide a separate trail easement along the southerly borders of Lots 1 and 2, which can be the same 10-foot width as the new drainage and utility easements in this area. Dakota County is scheduled to review this preliminary plat at their next meeting of July 8, 2019. Should the county determine that they would require a 50-foot dedication, the lots would still be compliant for size and area, widths and setbacks in the R-1 zoning district. Commissioner Noonan asked if the County recommended the 50-foot right-of-way would the city have the discretion to adopt or not to adopt the recommendation. Mr. Benetti replied that since it is a Dakota County right-of-way they have the right to ask for or require whatever dedication they desire. He then asked if they were intending to, sometime in the future, make that roadway a four- lane road instead of the current two-lane road. Mr. Benetti was unable to provide an answer. Public Works Director Ryan Ruzek noted that the County standard right-of-way is 100 feet so they would be asking for half of the right-of-way. He was unaware of any plans by the County to urbanize Wentworth and Wachtler. Commissioner Petschel, referring to the recommendations in the Findings of Fact #4, asked if Lot 3 refers to the current Lot 3 (future Lot 4). Mr. Benetti replied that it only refers to the current Lot 3. There is no proposed Lot 4 at this point. The concept drawing with the four lots was only a rendering of potential future plat locations. Commissioner Mazzitello noted that Dakota County has standards for access distances from intersections and asked if, in discussion with them, if they made any comments about a minimum distance requirement from Wachtler. Mr. Benetti replied that when staff meet with Mr. Sweeney and his representative they wanted to ensure that, before they provided any type of driveway entrances on the Wentworth side, they worked those out with the County. The concept renderings shows the driveway coming out as far away as they could from the intersection. However, the County has the final say and can locate the driveway where they want it to be. Commissioner Mazzitello noted that, based on the grading on the site, there would probably not be access available onto Wachtler. Mr. Benetti agreed. Commissioner Mazzitello then noted, just for information for the public, the city ordinance does allow for lot splits when the parent property is owned by the same person. He then asked for an explanation of why this is a plat versus a lot split. Mr. Benetti replied that it is because there are three lots being created. The ordinance says one can only split one parcel into two. Initially the page 14 June 25, 2019 Mendota Heights Planning Commission Meeting Page 3 of 26 discussion was for a four-lot subdivision. Staff directed them to prepare a preliminary and final plat. By the time they submitted the application they came up with this three-lot design because Mr. Sweeney decided he wanted to stay in his home for now. Chair Magnuson noted that in the recommendations there is a reference to what Dakota County does with respects to the right-of-way; however, there is not contingency for possibility that an easement might be required if they remain at the 30-feet rather than 50-feet. She then asked if they needed to do that or if it could be dealt with in the final plat. Mr. Benetti replied that trail easements are done by separate document – they cannot be shown on the plat. He believed that to be a county rule. If the city determines that this right-of-way line would remain as is, he and Mr. Ruzek would recommend the city create a new trail easement across Lot 2. That would eliminate the encroachment issue. If that is known after the County meeting, staff could come back under the Final Plat and make that as part of the conditions of approval. Staff recommended approval of this application. Mr. Edward Sweeney, 777 Wentworth Avenue and Mr. John Sonnek (5417 Centerville Dr., Minnetonka) of Charles Cudd Co. were available for questions. Mr. Sweeney noted that he would give the easement. They had no additions to the staff report. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-17 PRELIMINARY PLAT OF SWEENEY ADDITION BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed plat meets the purpose and intent of the Subdivision Code 2. The proposed plat request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 3. The proposed lots will meet the minimum standards required under the R-1 One Family Residential District. 4. A wetlands permit for future construction on Lot 3 will require compliance with applicable land disturbance and drainage standards to ensure there are o negative impacts to the surrounding water body and natural environment. AND WITH THE FOLLOWING CONDITIONS: 1. Park dedication fee in the amount of $8,000.00 (for each new lot) and in lieu of land dedication, is collected after City Council approval and before the final plat is recorded by Dakota County or issuance of any additional permits by the City. page 15 June 25, 2019 Mendota Heights Planning Commission Meeting Page 4 of 26 2. The Applicant shall dedicate necessary right-of-way along Wentworth Avenue and Wachtler Avenue, per the direction of the Dakota County Plat Commission and/or County Surveyor; and reflect those dedications on the final plat. 3. The concept plans presented under this plat request do not represent or provide approval of building layouts or setbacks. Final layouts and setbacks must meet R-1 Zone standards and shall be approved under separate building permits for each lot. 4. No development, grading or construction activity on Lot 3 will occur on slopes over 33% as shown in the hatched area of the preliminary plat. 5. All new construction and grading activities on Lots 1 and 3 will 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. 6. The existing (and non-conforming) 16’ x 30’ accessory shed/structure on the back corner of Lot 1 must be removed within 6-months after final plat approval and prior to the city allowing any new single-family dwelling building permit to occur on said lot. 7. A wetlands permit must be obtained prior to any proposed development activities or new home permit activities on Lot 3. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its July 2, 2019 meeting. B) PLANNING CASE #2019-18 INDEPENDENT SCHOOL DISTRICT #197 – HENRY SIBLEY HIGH SCHOOL VARIANCE Community Development Director Tim Benetti explained that this request, from Independent School District #197, was for a number of variances for construction of a new aquatics (pool) center, gymnasium, and entry to the Henry Sibley High School located at 1897 Delaware Avenue. This item was presented under a public hearing and notices were published in the local paper and notices were mailed to everyone within 700 feet of the subject property. Staff received one letter of objection, a copy of which was provided to the commissioners. The Henry Sibley High School facility is located in the R-1/R-1A District and is guided as School/Institutional in the 2030 Comprehensive Plan. It will eventually become a Public-Semi- public site under the proposed 2040 Comprehensive Plan. Public schools are considered a permitted use in the R-1 zones. Background and New Requests In May 2018, the voters approved a $117M bonding bill for the school improvements, including some of the improvements under consideration at this meeting. In October 2018, the school district presented plans to reconstruct the football/track field area, along with other athletic fields in the page 16 June 25, 2019 Mendota Heights Planning Commission Meeting Page 5 of 26 north campus, which were requested under variances to certain height standards. The City Council approved this request under Resolution 2018-78 and that work is now in progress. The proposed new aquatic center would be 110 feet by 190 feet along the east side of the main school building and would house a new Olympic sized swimming pool with locker/changing rooms and visitor viewing stands. The aquatic center is proposed to be 35 feet 8 inches in height. The proposed new gymnasium addition would be 135 feet by 180 feet along the south side of where the existing gymnasium is located. The projected maximum height of this new gym is 50 feet 5 inches measured at the east and south elevations. They also plan to have a loading/storage area underneath the gym with loading doors facing out towards Delaware Avenue. This proposal included a small extension and addition to the front school entryway with an overall height of 31 feet 2 inches. City Code Section 12-1E-3.D says that any structure or building in the R-1 District must not exceed two stories, or twenty-five feet, in height; thus the need for these variance requests. Flat roof structures are measured at the edges; items such as solar panels or mechanicals are exempt. Lastly, this proposal included a new one-story administration addition to the west side of the school facility, but at 16 feet 4 inches in height it is not included in the structure height variances requested under this application. Parking As indicated in the October 2019 meeting, high schools require one parking space per seven students plus one for three classrooms. Based on the current student and room count, they only need approximately 228 spaces. They currently have 573 parking spaces and plan to install 97 new spaces under the aquatic center. They also plan to restripe the central parking area between the school and the aquatic center, from 50 spaces to 36 spaces. The combined parking would be 133 spaces. Utilizing the same space configuration required for Athletic Fields (1 space for each 3 seats), the aquatic center alone would require 139 spaces. The Planning Commission was tasked with determine if these 133 available spaces, plus the ‘regular school’ parking spaces, would be adequate and sufficient to handle the parking needs of the aquatic center if full capacity is ever reached. Considering this Athletic Field calculation requirement, the October report indicated the new football field would have a seating capacity of 2,000 seats, so 667 spaces were needed; the current number of 573 plus the new spaces under the aquatic center would equate to 670 spaces; meeting the zoning requirement. School representatives have indicated that they would not double-book or schedule same day/night extra-curricular and athletic events; thereby avoiding any possible over-parking of the campus. This was also made as a condition in Resolution 2018-78 “The Applicant shall not hold another event on the site at the same time as a varsity football home game.” page 17 June 25, 2019 Mendota Heights Planning Commission Meeting Page 6 of 26 Traffic As part of the October 2018 Athletic Field improvement request, the district provided a traffic report from Spack Consulting, which essentially found that the ‘proposed multi-use stadium, and associated football game traffic, does not represent a significant transportation impact to the surrounding roadway system and will not significantly alter traffic flow or parking operations in the surrounding community.’ Variance Considerations Mr. Benetti explained the practical difficulties tests that must be met in order to approve a Variance request:  The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance.  The plight of the property owner is due to circumstances unique to the property, not created by the property owner.  The variance will not alter the essential character of the neighborhood. Also, economic considerations alone do not constitute practical difficulties. The staff report included responses from the applicant and staff to these tests. Other variables the city can consider when granting or denying a Variance are as follows:  Effect of variance upon health, safety, and welfare of the community  Existing and anticipated traffic conditions  Effect on light and air, as well as the danger of fire and the risk to public safety  Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan  Granting of the variance is not a convenience to the applicant, but necessary to alleviate a practical difficulty Staff recommended approval of this application. Chair Magnuson noted that the recommendations for approval or denial, as listed by staff, were in block; not variance by variance. However, they really are considering three difference variance requests; one for the aquatic center, one for the gymnasium, and one for the entryway. Mr. Benetti confirmed and noted that the Commission could either approve all three together under one motion or they could separate them out into three motions. Chair Magnuson stated that she did not understand why the traffic report was included in this application since it is not really dealt with in the recommendations. Mr. Benetti replied that this was provided to address the ‘effect of variance upon health, safety, and welfare of the community’ and ‘existing and anticipated traffic conditions’ as listed under Other Variables. It was m ore for assurance. Commissioner Mazzitello asked for confirmation or clarification on the following three points:  The traffic considerations and the parking requirements were for the site as a whole  The parking requirements for the aquatic center are not limited to what is being added page 18 June 25, 2019 Mendota Heights Planning Commission Meeting Page 7 of 26  There is an access point off of the main parking lot into the school where people could use the pedestrian breezeway to get to the aquatic center Mr. Benetti confirmed all three points were true. Commissioner Mazzitello then noted signage on both the gymnasium addition and the aquatic addition. He asked if the approval/denial this evening would predicate the need to apply for a sign permit for the new signage on campus. After brief discussion, it was determined that the current building sign had been approved under a Variance. Commissioner Mazzitello, in an effort to ensure all bases were covered, asked that Condition #1 be amended to read “The Applicant shall obtain a building permit and/or sign permits for all proposed improvements and structures identified herein.” Mr. Benetti agreed. Commissioner Toth, referencing the Friendly Hills Middle School gymnasium addition, noted that at the time Mr. Benetti explained that the height of the new had to be equal with the existing. However, in this application is says that the new gymnasium would exceed the current gym building height by just over five feet. Mr. Benetti replied that this was the way Friendly Hills designed their new addition; however, if they had desired to go higher by 15-20 feet they could have. Commissioner Toth then asked if the solar panels, mechanical, and equipment for the building was included in that five foot additional height. Mr. Benetti was unable to answer as the building height included an upper parapet wall. There is not a parapet wall on the aquatic center so the solar panels will be seen and are not part of the building height variance. Commissioner Noonan noted a discrepancy in the height of the aquatic center; page 7 says 34 feet 8 inches and the drawing on page 5 says 35 feet 8 inches. Mr. Benetti confirmed that the height is 35 feet 8 inches. Commissioner Noonan, referencing the three changes being proposed, asked if a variance was not requested they would be able to do this as a right. Mr. Benetti replied that if they could build in the 25-foot height restriction, then yes they could. Ms. Jennifer Anderson-Tuttle with LSE Architects provided the following clarifications:  The height of the existing building is actually 65 feet  There are parapets within the elevation of the aquatics and those are shown in the walls themselves – the 35 feet 8 inch height includes the parapet  There was a question regarding the functionality and the heights and if it could be accommodated at a lower elevation – the heights that they have proposed have all been driven based on function. In order to achieve the 25 foot clear structural height within the gymnasium that is required for high school basketball, the depth of the structure required, the roof thickness and the parapet that is required – that is why the 35 feet 8 inches. Chair Magnuson asked the question that was included in the letter of opposition – if there was going to be an in-ground pool, why the building had to be 35 feet; why couldn’t it be lower and closer to the 25-foot level. Ms. Anderson-Tuttle replied by referencing the section drawings. The page 19 June 25, 2019 Mendota Heights Planning Commission Meeting Page 8 of 26 site changes in grade along that edge. On one side they are actually closer to being 20 feet in height; it is the other side that is at 35 feet. They are trying to balance the soils and the structure within that angle. The pool is in-ground and then some of the height is dictated by the functionality – spectator seating, one-meter boards, three-meter board – all having required NCAA clearances. Chair Magnuson opened the public hearing. Ms. Adrienne Meyers, 491 Deer Run Trail, West St. Paul, lives directly across Delaware Avenue from the proposed aquatic center. She was reluctant to comment as she supports an aquatic center for the school, she voted for it, and as a community member she hopes to be able to use it. She would much rather have engaged in the dialogue with the school district about the proposed height variance and the effects on their locality than to hear about it for the first time in a letter from the city a mere 10 days ago. They would have like to share with the district their concerns about the traffic noise bouncing off of a 35-foot wall that is 190 feet long, blocks sunlight to her property, light pollution from signage, and loss of privacy and reached a consensus on some mitigation efforts. That did not happen so here she is – reluctantly. The tests for approving a variance is the practical difficulties test. The district has the burden to establish there are practical difficulties in complying with the 25 foot height restriction. It has not met its burden. First and foremost, the variance would fundamentally alter the essential character of their locality. The proposed 35 foot height of the aquatic center must be considered in the context of its proposed length – more than 190 feet long; and setback – the minimum of 30 feet from the property line. Delaware is a residential street from Cherokee Park to Argenta Trail. Please picture in your mind the tree-lined avenue of established homes, a country club, and parks. By contrast, picture a massive 3.5 story concrete paneled wall looming over Delaware for almost 200 feet, two- thirds the length of a football field. There is no question that the scale of the wall is extensive and would be far out of scale with the other building along Delaware. The districts asks the Commission to only consider only the Sibley Campus as the relevant locality; not the adjacent neighborhood. The district says there are other buildings on the Sibley Campus that exceed the height restriction; however, those buildings are located on the interior of a 67-acre campus hundreds of feet from the property line. Thereby mitigating the effect of the height of those buildings on the locality. Those buildings are buffered by great expanses of hills, earthen berms, landscaping, and trees. There is presently no building on the Sibley Campus of any height near the setback line. On the plans submitted by the district, there is no room for earthen berms and little room for trees or landscaping, all of which surround Sibley on its western and northern borders. The height of the wall would also alter the essential character of their locality by causing a direct and substantial loss of sunlight and a reverberation of traffic noise into the neighborhood. She requested the Commission consider the precedence they would bet setting – to allow buildings built on a setback line to exceed the height restriction by 10 feet. The second factor of the practical difficulties test is reasonableness. The district has not established that its request for the height variance is reasonable. The district has not satisfactorily explained by a building for an underground pool and a 3-meter board needs to exceed 25 feet in height. page 20 June 25, 2019 Mendota Heights Planning Commission Meeting Page 9 of 26 Third, there are no circumstances unique to the property weighing in favor of the variance. To the contrary, the relatively high elevation of Delaware and the Delaware sites compared to the other elevations on this 67-acre campus, is a unique circumstance that weighs against the requested variance. For these reasons, the district has not met its burden to obtain the variances and she asked the Commission to recommend denial of the request. As she mentioned earlier, they have had little opportunity to talk to the district about the variances and their effects. They would welcome the opportunity to speak with them, whether the variance is approved or not. She spoke with Mr. Mark Fortman, Director of Operations last week in response to an email she sent to Superintendent Peter Olson-Skog. Mr. Fortman asked her to email him their concerns and ideas, which she did last Thursday [June 20]. She has not received a response. So while she believes the district has not met its burden to obtain the variance, if the Commission is inclined to approve it she asked that they table it to next month so they could have a meaningful dialogue with the district. She also asked that they impose conditions on the variance that relate directly to, and are directly proportional to the effects that would be created by a 35-foot high 190-foot long wall:  Move the aquatic center further away from Delaware to mitigate the loss of sunlight, allow for earthen berms, trees, and landscaping and provide for sound buffering and visual screening.  Require building materials and design modifications to provide acoustic mitigation from traffic noise echoing off of the wall  Prohibit lights and signage on the wall facing Delaware to enhance the aesthetics of a wall that would be facing a residential neighborhood and prevent light pollution  Prohibit windows on the wall from which spectators or other users brought by the aquatic center to peer down into their yards and windows Mr. Pete McCall, 460 Nature View Court, lives directly across from Sibley High School. He supported what was said by Ms. Meyers. However, he had a few questions also. The traffic study referenced earlier only dealt with traffic from the football stadium and stated that it would not represent a significant transportation impact. He asked if they also included or should they have included, or should the Commission request an updated study to combine the aquatic center together with the multi-use. Commissioner Noonan replied that there is a condition that the stadium use would not be at the same time as the aquatic use. The multi-purpose stadium represents the worst case traffic condition. Mr. McCall asked about the creation of pedestrian crossings. Now there is significantly more traffic with three entry points to the campus off of Delaware. He understood that none of those were being changed. If one were to look at the two entry points to the north, there are no pedestrian crossings lines. This was brought up earlier by residents of his community and they were rejected. He asked the Commission to have a dialogue about this. He is concerned about pedestrian access page 21 June 25, 2019 Mendota Heights Planning Commission Meeting Page 10 of 26 from their neighborhood to the pathways in Mendota Heights. He asked what considerations have been given to help pedestrians. The third point he wished to make was the public use of the pool. It was represented by the school district that – and he wanted assurances that the availability of the pool would be open to the public at certain hours of the week. He would like to have a condition put on that would mandate public use at some reasonable hours and times. Chair Magnuson, with respect to the crosswalks, she has been informed that Delaware is a State Aid Highway; therefore, the city has no jurisdiction. They can ask the county to consider some pedestrian crosswalks but they cannot mandate it or impose it as a condition. If they request was in conjunction with the school district request it might have more impact. Mr. John Meyers, 491 Deer Run Trail, West St. Paul, is proud Henry Sibley High School graduate. He too voted for the bonding bill and supports a new pool. He was on the pool committee where they discussed this three times approximately eight months ago. The pool they discussed in those meetings sort of resembles this pool; however, many changes have been incorporated. Specifically, where the pool is located. He provided hand-outs for the Commission and shared them on the screen. He stated that the location for the pool addition, as it is called on the map created by the district, is what the stakeholders of ISD 197 voted for. An addition adjacent to the existing gym, with plenty of green space buffering the building from Delaware Avenue. An addition rising from the elevation of the existing building and grounds parking lot – not from the elevation of Delaware Avenue. Referring to Planning Report 2019-18 sent out by Mr. Benetti, specifically the applicant’s response to the third practical difficulties test that reads “The heights of the proposed HSHS additions are all less than the current height of the existing high school. New addition buildings finishes and colors are similar to those of the existing HSHS.” He believes this is comparing apples to oranges. There is a building in the center of practically 70 acres of land and now they are talking about a new building that is set 30 feet or 10 yards from Delaware Avenue. This does not make sense to him. Sibley does not have a single structure, not a dugout, not a shed, anywhere near this close to any roads surrounding the property. And now they are talking about putting this massive structure right there. Sibley proposes pushing a 36-foot high 190-foot long structure as close to Delaware as possible; and they equate that to the school which is 100 yards away from Delaware Avenue. He asked the Commissioners to consider if a 36-foot high 190-foot long structure directly across the street from their home would alter the essential character of their neighborhood. None of the residents living along Delaware Avenue have any structures – or even fences – as close to the road as the school is proposing. In fact, as you drive closer to Sibley the homes are sit so far back into the woods they cannot be seen. So this is really not in keeping with the character of any neighborhood on Delaware Avenue, let alone the one right across the street. page 22 June 25, 2019 Mendota Heights Planning Commission Meeting Page 11 of 26 He also asked the Commission to consider the traffic noise that would bounce off of that wall. The increase in noise and traffic, unlike the noise from the football stadium, would be constant and would clearly change the character of the neighborhood. He suggested that the pool be pushed back away from Delaware Avenue and towards the school another 10 yards it would allow for noise reducing berms and foliage. Having the aquatic center moved closer to the school and built into the berm that is already there – it would be a good thing because that is what the pool committee agreed to months ago and this is what people voted on. He requested the Commission also keep in mind the 2040 Comprehensive Plan, which states “protect the quiet secluded feel of the city’s neighborhoods,” and vote to deny this request. Commissioner Katz asked for clarification that Mr. Meyers was really requesting that the building be moved back 10 yards. Mr. Meyers replied that he was not asking that it be put way down on the far corner by Warrior Drive. He is just requesting that the district work with the community and help them out a little bit. Commissioner Katz asked if that was in the email sent to the district that has not been responded to yet; as mentioned by Ms. Adrienne Meyers earlier. Mr. Meyers replied in the affirmative. Mr. Pat O’Reilly, 467 Deer Run Trail, West St. Paul, asked if there was anything wrong with having the pool where it was originally planned at the height it was originally planned. If it was built as originally indicated, the people living on Deer Run Trail would probably not see it. If it is built where the plans now indicate, everyone will see it coming and going from Deer Run Trail. He also supported the bonding bill and supports the school. He just wanted to know why it cannot be built the way it was originally supposed to be. Mr. Daniel Tkach, 492 Deer Run Trail, supported the comments made by Mr. and Mrs. Meyers as the points they brought out were very important. He added that the solar panels planned for the aquatic center would really stand out and look very commercial and he would agree with the aesthetic concerns of that. His other point, and what brought him to the area, was the really nice parcels of land and are set back from the road. Having this building so close would certainly detract from the community feel of the neighborhood. Chair Magnuson invited Ms. Jennifer Anderson-Tuttle with LSE Architects to return and address some of the concerns raised. She also asked Ms. Anderson-Tuttle to explain why the location of the aquatic center had changed. Ms. Anderson-Tuttle replied that the diagram shown earlier was done approximately two years ago and was prior to them having a survey or design of the space. It was really a graphic representation. It did not have the full build-out of square footage determined and they hadn’t yet run the models for how that existing loading dock would operate. One of the criteria that has been used to locate the addition was maintaining that existing loading dock access. page 23 June 25, 2019 Mendota Heights Planning Commission Meeting Page 12 of 26 She also stated that the current location is really not that much different than the original. Right now they are showing a 30-foot setback from the property line; in addition to that there is an approximate 20-foot distance from the property line to the curb edge – so it is approximately 50 feet to the curb, which they feel is more than an adequate amount of green space to include some additional berming and landscaping. The district has spoken with some of the residents who have spoken about willingness to work with them to develop a denser landscaping plan that would address some of the cosmetic, scale, and acoustic issues that they have suggested. Commissioner Noonan stated that this would have been a useful document to have because it is obviously a major concern of the neighbors. For the Commission to address their concerns they are not really seeing the full picture based upon what she said. It would have been nice to have the full package brought to them. Commissioner Corbett asked for more detail about how the loading dock is inoperable. He could not understand why the aquatic center could not abut the existing gymnasium and eliminate the walkway up the side and switch the parking lot. He could not see how that would prohibit any usage in the dock. Mr. Mark Fortman, Director of Operations replied that early on that was looked at in the design process but there are some utilities that come into the building there (fiber optics and allocation) and there is not quite enough space with where the bus drop off is to get to where the hill drops off – they would end up with a gigantic retaining wall. It was decided to re-site the aquatic center due to cost considerations. Also, that is the central district receiving for the entire district – food comes in and out of there – and they need that turn space for the semi-trucks. Mr. Fortman also stated that he had a real nice conversation with some of the people, one of them being here tonight and had some comments, the district has always intended to be good neighbors at all of their sites in all of the cities they are in. They would continue to work with residents to be good neighbors. Commissioner Noonan asked what the timing was for the undertaking of these projects. Ms. Anderson-Tuttle replied that right now they are working on finalizing a shell packet, which his intended to go out within the next week or so for the pre-cast panels. Construction would start in September 2019. Commissioner Noonan asked for confirmation that when they were considering the football stadium there were neighborhoods meetings. Mr. Fortman confirmed. Commissioner Noonan referenced the suggestion to table this application for one month to allow face-to-face discussions between the district and the neighbors and asked if that would be fatal to their schedule. Ms. Anderson-Tuttle replied that it would not be as fatal as a denial of the request. Commissioner Toth asked what the other options were for putting the aquatic center somewhere else. Ms. Anderson-Tuttle replied that they looked at a number of locations; some of the drivers of this particular location were existing parking being able to support to that space, secured access for entrance into the site, also trying to create some separation between community access and use and the security of the students within the building by not sharing access points, maintaining all existing athletic fields as they are in high demand, and utility locations. All of the other locations reviewed were in this same general area; it was a matter of where it landed within this side of the page 24 June 25, 2019 Mendota Heights Planning Commission Meeting Page 13 of 26 building. It was really because of the grade changes and a desire to have the access not conflict bus traffic and drop off and that service drive. Commissioner Petschel asked why it could not be part of the new addition to the gym. Mr. Fortman replied that area on the south side is used as hockey training and football training; accessibility from people’s parking – it’s a parking access thing. Commissioner Petschel, in reference to the loading dock, asked if there was another loading dock over by where the new level two additions are. Mr. Fortman replied that there is only one loading dock at Sibley. Commissioner Toth asked for clarification that the far east side of the aquatic center would be located approximately 50 feet off of the curb line; 30 feet from the property line. Looking at the distance between the aquatic center and the loading dock, there is approximately a distance of 140 feet – he asked if there was a way to squeeze additional footage to move the aquatic center closer to the loading dock. Mr. Fortman did not know the turning radius exactly. As far as the berm, which is not part of the design currently, that is what he offered to work with the residents, the civil engineer, and the architect. Commissioner Katz brought up the concern raised by a resident that the windows of the aquatic center would be allowing people in the aquatic center to looking down into residents’ yards or homes and asked if there were alternatives. Mr. Fortman replied that the bleacher seating is on the opposite side of the building and they would not be able to look down out of any of the windows; all of the windows are higher than what seating would be at. There is no possibility to look down. They are only to let in natural light. In talks with some residents they understood that they did not want a blank wall, they wanted some windows or something to break the line of the wall. Also, the wall will have some patterning to it so it would not be a plain wall; there would be some scale and relief and design into the wall itself. Discussions also included the fact that placing the aquatic center in this location would screen the view of the loading dock. Commissioner Toth asked for confirmation that the windows would be on the Delaware side of the building; so if he lived on Deer Run Trail and it is 10:00 p.m., how are they going to mitigate light and glare coming from those windows. Mr. Fortman replied that, as they are doing in all of their parking lots in the district, they are switching over to LED lighting. As they have talked about with the multi-purpose athletic field, they are required to have zero foot-candles at the property line. In their buildings they will have LED lighting that are hung. Currently, at night they run with dark lights inside and motion sensors that come on when coming through the entry points – only emergency lights. He did not foresee them having a lot of activities late at night unless they have something like a community swim night or something along those lines. Also, they would not light purposefully away from the pool, the pool wants to be lit down. Ms. Anderson-Tuttle also noted that landscaping and trees would be a great filter for any lighting from those windows as well. Chair Magnuson asked if they would be willing to work with the neighbors in developing their landscaping plan so that they have some input into the size of the berm and the types of plantings page 25 June 25, 2019 Mendota Heights Planning Commission Meeting Page 14 of 26 that would go in there. Mr. Fortman replied that they would welcome discussions and working with the neighbors. Commissioner Katz wondered if they had actually spoken with anyone from the Police Department about their suggestions or patterns that they have noticed. He has been to several Neighborhood Watch meetings and have talked to police officers who do patrol the city at night and they have brought up the activity that occurs at Sibley at night and what transpires in the parking lot. Mr. Fortman replied that they speak with Officer Mario Reyes, former detective of Mendota Heights, as their hired safety consultant. He is involved in their crisis planning during every step of the planning process. They also have Mr. Steve Meyers from the Mendota Heights Police Department as part of their district crisis team. Commissioner Noonan asked how available would the aquatic center be for the community. Mr. Fortman replied that their intent would be to have this as a community building; so much so that they are going to house the Community Ed Department in that building so they can operate their programming for the community during the day and be able to manage what is happening in there. Currently, with the Heritage School Facility, where they do not have any ability to control that during the daytime, the community uses are limited after-school or before-school. This way they could enhance that activity or enhance that access. Commissioner Corbett asked if there was any way to recess the building or the pool more by making the pool lower by 10 feet and then lowering the roof line by 10 feet; or if they have considered having a sloped roof. Mr. Fortman replied that the building is back into the hill to the high point is at the southwest corner of the building; so it is closer to 25 feet on the northeast corner of the building. Ms. Anderson-Tuttle noted that a few other things that has been challenging with setting that elevation has been accessibility and balancing soils. Trying to move dirt from the north end to the south end to try to keep it balanced so the district is not exporting a lot of additional soils. It would be cost prohibitive. Pointing to the elevation site plan. Ms. Anderson-Tuttle explained that on the one edge the height is closer to 20 feet because of the grades; it slopes. However, there is not any reason why, within that 50 foot setback, they couldn’t screen some additional building edge with both berms and landscaping. Mr. Fortman also pointed out the screening on the top of the building for the mechanical equipment. Commissioner Mazzitello pointed out that this has been a lot to digest and they have spoken a little bit about their schedule. He believed it to be critical that this Commission see a landscape plan for the area between the aquatic center and Delaware Avenue, after meeting with area residents and coming up with a proposed plan that they can live with. He would even be willing to hold a special meeting rather than waiting until next month. He asked if they would be willing to bring that back to the Commission as a way of communicating with the neighbors to address their concerns, including a description of the acoustic buffering on the outside of the building. This would enable them to speak with residents and still be on course with the start of construction in September 2019. Mr. Fortman replied that he would be willing. page 26 June 25, 2019 Mendota Heights Planning Commission Meeting Page 15 of 26 Ms. Anderson-Tuttle asked if the Commission would consider recommending approval pending the negotiations to take place on the landscaping design; just to keep this moving forward to the Council meeting next week and having a landscape plan for City Council. Commissioner Petschel noted that they Commission could recommend denial and they could still go to the City Council meeting next week with their landscape plan. The only difference is if the Council votes to deny, they would have to wait a year before they could apply again. Commissioner Corbett asked if both Ms. Anderson-Tuttle and Mr. Fortman were on the pool committee; which they replied that they both were and attended every meeting. They denied agreeing with the comments made that the plans had changed since that time. If they put the diagram up next to the plan they would see that it is located in the same spot. While they would be willing to send out an informational packet to all of the 200+ residents who have had input on the planning, although as they have seen the hardship for the district is some of the existing conditions, the height, that is required for the function of the space, which they inherit being an educational facility and height requirements for diving that are such as they are. So short of changing the design, which is not part of the variance application, they would like to work on things like the landscaping, the buffering, sharing some of those exterior materials and do that while they move forward, if possible. Commissioner Petschel noted that they would encounter significant additional costs if they did a re-site or redesign. Ms. Anderson-Tuttle absolutely agreed. Mr. Benetti interjected, looking at calendars, noted that if the Commissioner were to consider a special meeting the week of July 8 – the next Council meeting would be July 16. Theoretically, if they held a special meeting on July 8, 9, 10, or 11 they could probably easily turn that around and provide that recommendation back to the City Council on July 16. Commissioner Mazzitello asked if that would give them enough time to meet with the residents and decide on a landscaping plan for the outside of this structure. Ms. Joann Mansur, 1700 Lilac Lane, is the chair of the school board and stated that the district really has in good faith worked with the neighbors to the north with regards to the stadium. She wanted to assure the Commission that is absolutely something they would do and would have done it prior to this conversation anyway. She has had communication with residents on Delaware who have requested trees and buffering and believes that is something the district should do. She believes the building is going to be beautiful and not look like a huge industrial anything. They will do whatever they can from a landscaping plan to ensure that the residents and the Council feel comfortable. Commissioner Noonan stated that the direction is for Ms. Anderson-Tuttle and Mr. Fortman to continue to engage with the neighbors and bring a landscaping, screening, and buffering plan, along with exterior materials and texturing for sound abatement purposes for their examination at their meeting yet to be scheduled during the week of July 8, 2019. page 27 June 25, 2019 Mendota Heights Planning Commission Meeting Page 16 of 26 Ms. Anderson-Tuttle asked if they would be willing to approve the variance requests for the gymnasium and the entryway and only table the aquatic center portion of the application. The Commission was willing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING ON THE GYMNASIUM AND ENTRYWAY PORTIONS OF PLANNING CASE 2019-18. Ayes: 7 Nays: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO RECOMMEND APPROVAL OF THE REQUESTED VARIANCES FOR THE GYMNASIUM HEIGHT AND THE ENTRYWAY HEIGHT AT HENRY SIBLEY HIGH SCHOOL AS PART OF PLANNING CASE 2019-18 BASED ON THE FOLLOWING FINDINGS OF FACT, REMOVING ANY REFERENCE TO THE AQUATIC CENTER AND ADDING TO CONDITION F1: The Applicant shall obtain a building and sign permit for all proposed improvements and structures identified herein. A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three -part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow the proposed aquatics building to exceed the 25-ft. height limits in the R-1/R-1A One Family Residential District to 35-ft.-8-in., the proposed gymnasium addition to 50-ft.-5-in., and the entryway addition to 31-ft.-2-in. by the following: i. the proposed structure height increases are considered a reasonable request, based on the overall scope, scale and use of the subject property as a high school campus facility, and fits with the current design and layout of the existing school building on the property; and are considered consistent with the spirit and intent of the City Code and Comprehensive Plan; ii. The plight of the landowner is due to circumstances unique to the property, as this school use is not a typical single-family use in the underlying R-1 One Family Residential District, and therefore warrants the approval or granting of such variances in this particular case; iii. the excess heights of the new aquatics center, gymnasium addition and entryway addition are all under or equal to what exists today; so there impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv. The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that school facility page 28 June 25, 2019 Mendota Heights Planning Commission Meeting Page 17 of 26 improvements, such as this aquatics center, gym addition and entryway addition, can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. C. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variances upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variances will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of these Variances are for ISD-#197 (Henry Sibley High School) only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-18, dated and presented June 25, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-____. F. The City has the authority to place reasonable conditions upon the property subject to this Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. CONDITIONS RELATED TO THIS TRANSACTION ARE AS FOLLOWS: 1. The Applicant shall obtain a building and sign permit for all proposed improvements and structures identified herein. 2. The Applicant shall not deviate or increase the heights of structures as approved or presented under this application. Any changes must be reconsidered under a new application before the planning commission and approved by the city council. 3. All grading and construction activity will 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 Applicant shall not schedule or conduct a swim meet or any other spectator event inside the aquatic center at the same time as a varsity football home game.” CHAIR MAGNUSON MADE A FRIENDLY AMENDMENT BY STRIKING THE AQUATIC CENTER PORTIONS OF THE FINDINGS OF FACT AND CONDITIONS (as stricken by the transcriber). THIS WAS APPROVED BY THE MOTION MAKER AND THE SECOND. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its July 2, 2019 meeting. The public hearing for the Aquatic Center has not been closed. page 29 June 25, 2019 Mendota Heights Planning Commission Meeting Page 18 of 26 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO TABLE THE AQUATIC CENTER PORTION OF PLANNING CASE 2019-18 VARIANCE TO EXCEED MAXIMUM HEIGHT OF A STRUCTURE IN THE R-1 ONE FAMILY RESIDENCE DISTRICT UNTIL THE MEETING YET TO BE SCHEDULED DURING THE WEEK OF JULY 8, 2019; THE PURPOSE OF WHICH IS FOR THE SCHOOL DISTRICT TO MEET WITH AREA RESIDENTS AND DEVELOP A LANDSCAPING AND SCREENING PLAN FOR THE EAST SIDE OF THE AQUATICS CENTER, AS WELL AS TO BRING BACK DETAILS ON THE EXTERIOR MATERIALS FOR MITIGATION OF NOISE Ayes: 7 Nays: 0 C) PLANNING CASE #2019-14 JIM CARLSON, 1562 WACHTLER AVENUE VARIANCE Community Development Director Tim Benetti explained reminded the Commission that this item was tabled at the Commissions meeting on May 28, 2019. This involves a variance to allow a reduced setback for a proposed driveway for the property located at 1562 Wachtler Avenue. Mr. Benetti provided a brief background on the application as was heard at the May 28, 2019 regular meeting of the Planning Commission. This item was presented under a fully noticed public hearing at that time, and after hearing comments from the Applicant and neighboring owners, the Commission tabled the matter. The reasons for tabling included:  There were questions asked and answers not given  Discuss the possibility of building on the other side of the house  There is anecdotal information provided without any materials to show what the elevation is, etc.  There are questions with respect to what is the appearance of the garage was going to be like; this is important given that one of the tests the Commission has to find is that it would not alter the essential character of the neighborhood o An ugly building would fundamentally alter the character of the neighborhood o Vegetation could be stripped away and it would fundamentally alter the character of the neighborhood Public Works Director Ryan Ruzek and Community Development Director Tim Benetti visited the site since the last Commission meeting and later met with the applicant to discuss options. Staff determined that a small, block retaining wall – built up to or near the side property line along the length of the attached garage, is feasible and possible. This new wall would help retain and provide a suitable drive surface, also utilizing part of the concrete walkway and permeable pavers. Staff suggested and would like to see permeable pavers and crushed rock with a perforated drain tile system underneath so that any stormwater that would hit that driveway would not wash off but penetrate in and carried out. page 30 June 25, 2019 Mendota Heights Planning Commission Meeting Page 19 of 26 Staff also looked at the grades on the opposite side of the house and determined that they are too severe and would require a lot of fill material to be brought in to provide a suitable, buildable structure and would definitely alter the look and feel of the natural grades in these areas. As was suggested at the last Commission meeting, they looked at creating an opening in the rear of the third stall garage, which would lead to a drive-through garage and provide access to the back detached garage. The applicant rejected this idea as he felt it would drastically alter the architecture and character of the existing home. It would also be prohibitive in costs and design as the driveway leading out from the back of the garage would destroy the stand of mature trees and gardens located directly behind. As for the appearance of the new garage structure, the 928 square foot detached garage proposed is a permitted use by right since the property is more than 1.5 and less than 2.5 acres in size and the City Code allows an additional detached garage up to 1,000 square feet in size. Also, City Code stipulates that detached private garages must be architecturally compatible with the principal structure, including exterior design, materials and colors. The applicant has stated that he would construct the new garage with matching colors and tones as the existing home, but with materials more suited for a garage. Chair Magnuson asked what the approximately distance was from the back end of the current garage (the third stall) into where there would be any kind of dramatic impact of the tree and garden area. Mr. Benetti replied that it is approximately 10-12 feet off the back edge of the garage; possibly a little more. Commissioner Toth noted that he met with the homeowners at 792 and 786 and stated that off of the corner of the current garage, it drastically slopes down. There is a small block wall in that corner which would have to come down and then be rebuilt with some type of block grid or geo- grid because as they continue to drive that soil condition is going to change and would continue to slope. He then asked what type of plan would be implemented to provide a stable surface so it would not slough off. Mr. Benetti replied that the builder of the wall would know what they are doing and it should be done right and meet construction standards. Chair Magnuson noted that the Commission was considering a variance from the five foot setback requirement. Without suggesting that she is in favor of this necessarily; she stated that it seemed to her that there is a small area where there could be the need for the variance. But as they get back closer to the proposed garage she asked where it moved to five feet. Mr. Benetti was unable to provide a definitive answer but provided a guestimate. Mr. Benetti noted that staff received another letter of support from a neighbor and some valuation information from a real estate appraiser on behalf of a neighbor to the north. All of this information has been made a part of the public record. Chair Magnuson asked for a motion to reopen the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSION NOONAN, TO REOPEN THE PUBLIC HEARING page 31 June 25, 2019 Mendota Heights Planning Commission Meeting Page 20 of 26 Ayes: 7 Nays: 0 Mr. Jim Carlson had nothing to add to the staff report. Mr. Allen Weslander, 798 Upper Colonial Drive, stated that the back of his property runs along Mr. Carlson’s property. He has lived there for 25 years and has made a lot of improvements; however, they are pretty fussy. Mr. Carlson, in the years that he has lived there, everything that he has done that they have seen has been top notch. He does a quality job with whatever he does. It makes sense that Mr. Carlson needs to get back behind his house someway and it just makes sense to put that driveway where they want. It does butt up against his property and he does not have a problem with that because he knows Mr. Carlson will do a quality job. Mr. John Trojack, 786 Upper Colonial Drive, stated that his opposition to this request has not changed. He does not believe there is a practical difficulty since this driveway can be placed on the right of his house. Mr. Carlson was nice enough to allow him to come over and look at his property. Mr. Trojack shared an image of the drive next to the right side of the home with two automobiles. This is a relatively level area that the driveway could access for a garage. There is no reason why there would have to be a driveway all of the way around to the present location. The small shed that is currently on the right side would have to come down no matter which way the driveway went. There is access that goes right up there and could come around. He has walked that property and does not see why it could not be placed on the right side without the need for a variance of any kind. Mr. Trojack continued by explaining that the grade seems to be all right because he has already put a driveway there; it would have to be widened probably and then come around to the level piece of property. He did not see any reason why that could not be done; this would not require a variance and would not require running a driveway across the entire length of the back yard. Mr. Trojack spoke to Mr. Carlson about the stand of three very large trees on the way to the proposed garage and he indicated that they would all come down. Mr. Trojack believed that would change the nature of that entire area and diminish the rural atmosphere they have come to enjoy since moving to Mendota Heights. There is not circumstance unique to the property requiring the granting of a driveway variance. The need for a larger garage is created by the owner and is not unique to the property. The need for the driveway on the side proposed is unique to the owner; he wants it there. He wants it there because he believes that putting it on the right side of his property would not be aesthetically pleasing. That should not be a reason for granting the variance. The building and the driveway running across his own rear yard would not be aesthetically pleasing to him; and neither is the potential problems of long-term maintenance for that driveway along the back side of his property. The old building will be torn down in any event, the placement of the new building is strictly the owner’s choice and not a unique situation, and the removal of the trees would change the character of the neighborhood. There are no special conditions existing topographically; in fact, the fact that page 32 June 25, 2019 Mendota Heights Planning Commission Meeting Page 21 of 26 the driveway has already been put up the right side of the property indicates that there is the ability to go up that topography and maybe he would have to put in some fill, but it would almost be the same level of work required to install the retaining walls and adjustments on his side of the property. He believed the essential character of the neighborhood would be changed and they did not expect to have an alley put down the back of their property, something very common in urban cities. He did not believe there was any property in Cherry Hill with a driveway immediately adjacent to their rear property. He emphasized the fact that this would be a permanent change; not something that can be reversed later on when different neighbors move in. The applicant, Mr. Jim Carlson, 1562 Wachtler Avenue, came forward to address the concerns raised. He shared an image taken by Mr. Trojack from his back yard and indicated the shed, which could hardly been seen. Also, the new garage could not be put down by the house where Mr. Trojack suggested. The proposed location is a good spot and there is an existing shed there now – it just would take a bigger footprint. As for driving back there all of the time, no he would not be. This garage would be more of a storage shed for his boat, his riding lawn mower, his attachments, and probably his brother’s car over the winter. Since Mr. Trojack’s property is lower, he will not be able to see the driveway or the permeable pavers installed. Chair Magnuson pointed out a fence on the image and asked if the fence belonged to Mr. Carlson and if he intended to leave it up. Mr. Carlson replied that he is the owner of the fence and that he plans to leave it up. When asked how that would work with the retaining wall, Mr. Carlson replied that they would either have to put the fence on top of the retaining wall or put the landscaping blocks on the other side of the fence. It’s workable, it just needs to get planned out. Additional discussions occurred on the placement of the retaining wall relative to the fence, the height of the fence, the tight pinch in the driveway, and the tight pitch of the slope. Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 page 33 June 25, 2019 Mendota Heights Planning Commission Meeting Page 22 of 26 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND DENIAL OF PLANNING CASE 2019-14 VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT: A. Under Title 12-1L-5A of the City Code, the City may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three -part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The City hereby determines the Applicant has not met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a variance for a reduced driveway setback. The proposed driveway is not essential to the overall enjoyment and continued use of the property; and there are other alternatives or locations for placing the driveway on the property due to its large size; and is therefore not considered a reasonable use of the property. C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). Commissioner Corbett explained that his reason for recommending denial was because he believes there are alternatives and after viewing the property he did not believe it to be a requirement. As little as he says he is going to use it, it would be no inconvenience to have to pull his car out and drive through the back to that garage. He also did not know if the cost would be any different than putting in the retaining wall and the other work that would need to be done to install the driveway where he is requesting. Commissioner Katz also raised concerns about the location of the driveway as proposed and the neighbors there. He understands and probably would agree with the comments about Mr. Carlson maintaining his property very well; however, he did have concerns for Mr. Trojack and what the effects would be on his property as well as what would happen when there other people who would move in or out of those homes around this area that would be affected by the variance request. He believed there were alternatives that could enable Mr. Carlson to erect a structure to store his things and not require a variance. Commissioner Toth stated that he had the opportunity to meet with the residents at 782 Upper Colonial Drive and 786 Upper Colonial Drive. When looking back at the practical difficulties tests, it says if the variance were granted it would not alter the essential character of the neighborhood. This would have an impact on the neighborhood. From 782 and 786, presently standing in their backyards and looking to where this garage would be situated it would be partially covered with the foliage that is there. However, in the fall and winter months when the trees lose their leaves, that garage structure would be more visible to the neighbors. Also, on the fence line that cuts the Carlson property and the other residents’ properties, there is a power line. Sooner or later, no matter who owns the power line, they are going to come in and clear cut that; they are going to top the page 34 June 25, 2019 Mendota Heights Planning Commission Meeting Page 23 of 26 trees, remove the shrubs, or remove other foliage because they do not want trees to grow into their power lines. Many times when they do that the foliage dies. He reiterated his opinion that this driveway and garage would alter the characteristics of the neighborhood. Chair Magnuson cautioned the Commission in that they are being asked to look at a variance from the setback requirements for a driveway. They are not in a position to necessarily offer any opinion or decision on the garage itself. He can build the garage whether he has a driveway to it or not. She continued to say that her issue was the lack of practical difficulties. She understands what Mr. Carlson wants to do and understands all of the reasons why he wants to do it and they are all good and reasonable. However, the granting of the variance is a convenience to the applicant. It is not necessary to alleviate a practical difficulty of the property. She did not want to get into the position of granting variances because people prefer to have a driveway in one location of they prefer to have a 10-foot dining room versus an 8-foot dining room and the 10-foot dining room is going to encroach but they do not want an 8-foot dining room. They get lost in the possibility of going down that slippery slope of granting variances because it becomes a matter of personal convenience to the homeowner rather than the actual practical difficulty of the property. Her concern here was that there has not been a necessary demonstration of that there is a practical difficulty due to circumstances unique to the property, not caused by the property owner himself. Commissioner Petschel took a contrary view since they are not considering the garage whatsoever. He cited other times the Commission has approved variance, although not necessarily unanimously, and he understood that there is no such thing as precedence per discussions had earlier and previously. To him this request was not that much different. Commissioner Noonan agreed with Chair Magnuson when she said that the Commission should not take their jurisdictional responsibilities lightly by simply granting variances because it is a matter of convenience. The Commission has to be challenged to find the practical difficulties and he is not seeing it in this case. They have heard that this is what the homeowner desires to do and there are other alternatives; just because the homeowner does not want to do those other alternatives does not rise the threshold of meeting the practical difficulties test. Commissioner Mazzitello asked if he had an approximate number for what the vertical drop is from the sidewalk to the base of the fence. Mr. Benetti replied that he would defer to the homeowner but assumed it was 2.5 to 3 feet. Commissioner Mazzitello noted that the staff report says they would leave a setback of 2.5 feet because the driveway would be 11.5 feet wide. One cannot drive on top of a retaining wall so the retaining wall would have to be on the outside of that 11.5 feet. Mr. Benetti agreed. Commissioner Mazzitello continued by saying that if they installed a small block retaining wall that are eight inches per block, set back inches per block, three feet in depth they would need at least six courses. So now you are talking 24 inches off of that 11.5 foot, the toll of that retaining wall is going to come within inches of that property line. So they are not leaving a setback of 2.5 page 35 June 25, 2019 Mendota Heights Planning Commission Meeting Page 24 of 26 feet; they are eliminating the entire setback because the retaining wall would have to be included as part of the driveway. Public Works Director Ryan Ruzek noted that the installation of the retaining wall could be right on the property line, and small retaining walls can be constructed vertically. They do not need to be stepped back. Commissioner Mazzitello’s point was that the retaining wall eats more into the setback than the 11.5 foot driveway as presented. There being no more discussion, Chair Magnuson called for the vote AYES: 6 NAYS: 1 (Petschel) Chair Magnuson advised the City Council would consider this application at its July 2, 2019 meeting. D) PLANNING CASE #2019-16 CITY OF MENDOTA HEIGHTS ZONING CODE AMENDMENT – FENCE STANDARDS Community Development Director Tim Benetti explained that the Commission was reconsidering the amendments discussed at the May 28, 2019 regular meeting of the Planning Commission to Title 12-1D-6 Fences of the City Code. This item was presented under public hearing and tabled at that meeting. The Commission was asked to undertake a follow-up review of the changes added from the May 28, 2019 Draft Ordinance No. 542. Mr. Benetti then briefly reviewed those additions, as well as other alterations. After discussion, the Commission determined that Section 12-1D-6: C. Fences in Business and Industrial Districts: Subpart 2 should be as follows: 2. Fences on business and industrially zoned properties abutting residentially zoned property shall be erected up to, but not on, the property line and at a measurable distance from the property line, not to exceed six inches (6”), shall be one hundred percent (100%) opaque, and at least six feet (6’) in height. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER KATZ, TO REOPEN THE PUBLIC HEARING. Ayes: 7 Nays: 0 Chair Magnuson asked for a motion to close the public hearing. page 36 June 25, 2019 Mendota Heights Planning Commission Meeting Page 25 of 26 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER KATZ, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-16 ZONING CODE AMENDMENT – FENCE STANDARDS VIA ORDINANCE NO. 542 AN ORDINANCE AMENDING TITLE 12, CHAPTER 1, ARTICLE D. GENERAL ZONING PROVISIONS REGARDING CERTAIN FENCE REGULATIONS AND STANDARDS AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its July 2, 2019 meeting. Staff Announcements / Updates Community Development Director Tim Benetti gave the following verbal review: Planning Case #2019-10 Southview Design, Property next to 2383 Pilot Knob Road Interim Use Permit Approved by City Council as recommended by the Planning Commission Planning Case #2019-12 Check Mastel, 1341 Cherry Hill Road Variance Approved by City Council as recommended by the Planning Commission Planning Case #2019-13 Mark & Stacy Roszkowski, 660 Hidden Creek Trail Wetlands Permit Approved by City Council as recommended by the Planning Commission Planning Case #2019-15 Nona Mosvick, 1133 Orchard Place Lot Split – Subdivision Approved by City Council as recommended by the Planning Commission Upcoming in July: Metro Storage, Conditional Use Permit and Variance 1175 Orchard Place, Wetlands Permit page 37 June 25, 2019 Mendota Heights Planning Commission Meeting Page 26 of 26 2319 Swan Drive, Conditional Use Permit and Variance 1133 Orchard Place, Critical Area Permit July 11, 2019 at 7:00 p.m. – Special Meeting re: the HSHS Aquatic Center Variance Joint Workshop Meeting with City Council is to be scheduled The Draft 2040 Comprehensive Plan was adopted by City Council with minor adjustments and is currently under the six month review period with the adjacent and affected jurisdictions. Three reviews have been received currently. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO ADJOURN THE MEETING AT 9:58 P.M. AYES: 7 NAYS: 0 page 38 July 11, 2019 Mendota Heights Planning Commission Meeting Page 1 of 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SPECIAL PLANNING COMMISSION MEETING MINUTES July 11, 2019 The special meeting of the Mendota Heights Planning Commission was held on Thursday, July 11, 2019 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Mary Magnuson, Commissioners John Mazzitello, Patrick Corbett, Michael Noonan, Michael Toth, Brian Petschel, and Andrew Katz. Those absent: None Hearing Continuation A) PLANNING CASE #2019-18 INDEPENDENT SCHOOL DISTRICT #197 – HENRY SIBLEY HIGH SCHOOL VARIANCE TO EXCEED MAXIMUM HEIGHT LIMIT Upon seeing quite a few residents in attendance, Chair Magnuson clarified for the record that this was a request for a height variance; it is not about whether or not there would be a swimming pool. There is no need for a lot of conversation about the need for a pool. What they do need to talk about is the design. The conversations that the school district has had with the area residents who were concerned about the siting of the facility, the landscaping, and other issues. She requested the attendees limit their comments to the item under consideration; which was the height variance. Commissioner Mazzitello asked for a show of hands of how many of the attendees were in favor of the height variance and were in support of the construction of the Aquatic Center. Mr. Mazzitello reported approximately 90% of the attendees raised their hands. Community Development Director Tim Benetti explained that Independent School District #197 on behalf of Henry Sibley High School requested three Variances to Exceed Maximum Height of Structures in the R-1 One Family Residential District; for each for the Aquatic Center, the Gymnasium, and the Entryway. At the June 25, 2019 regular meeting of the Planning Commission, they elected to recommend approval of the Variance requests for the Gymnasium and the Entryway. However, due to questions and concerns raised regarding the Aquatic Center Variance request, it was pulled and the public hearing left open to allow the school district and the developer to meet with residents. Mr. Benetti noted for the record that the City Council took action on the two variances related to the gymnasium and entryway at their July 2, 2019 regular meeting; they adopted Resolution 2019- 48 approving the variances by a vote of 3-1. Returning to the topic of the Aquatic Center, Mr. Benetti explained that the original request was for a 35-foot 8-inch height variance; they have lowered that to a 31-foot 8-inch height. page 39 July 11, 2019 Mendota Heights Planning Commission Meeting Page 2 of 6 The building was originally placed at a 30-foot setback from Delaware Avenue; it is now being placed at a 35-foot setback. The school district has also agreed to install a small earthen berm along the westerly edge of Delaware Avenue in order to provide natural screening of the aquatics building from the residents. Mr. Benetti shared images or renderings of the aquatic center building and the landscape plan. He also shared the Traffic & Parking Analysis and the Variance Process shared at the last Planning Commission Meeting. Ms. Jennifer Anderson-Tuttle with LSE Architects came forward and expressed her appreciation for the Planning Commission taking time for this special meeting to help with the progress of this project. She shared the following things that have taken place since the June 25, 2019 meeting:  Three neighborhood meetings – positive and collaborative discussions  Worked diligently and found ways to work balancing both the district’s need to stay within a very fiscally responsible budget and accommodate being a very good neighbor  Moved the building down by four feet o They did not lower the original height of the building because of the height required for the space within it o They are excavating more soil away to bring the elevation of the building itself down  Added the berms along the side of the building  Created a dense landscaping buffer  Talked with residents about window locations and the use of day lighting  Moved the building back 5 additional feet from Delaware Avenue Mr. Peter Olson-Skog, Superintendent stated that he too believed the conversations and meetings with the neighbors was very positive and collaborative. Commission Mazzitello expressed his appreciation for the school district working with the neighbors on the modifications made. He asked if moving the building down by four feet create any accessibility issues or anything that would put accessibility to the building in jeopardy. Ms. Anderson-Tuttle replied in the negative and stated that the district has made a real strong commitment to accessibility on all of the projects; that would not have been something that they would have been able to do – it actually helped a little bit by elevating the need for some ramping. Commissioner Noonan noted that the renderings showed the transition in the height of the building and asked how much of the elevation is above the 25 foot height. Ms. Anderson-Tuttle pointed out the answer on the rendering. Commissioner Noonan then asked about the berm and the height thereof; which Ms. Anderson- Tuttle replied that anything over three feet in height would require a retaining wall. He then asked about the mature trees being installed, which Ms. Anderson-Tuttle shared the number, height, and types of trees to be installed. Chair Magnuson, referencing concerns raised at the last meeting about lights emitting from the windows, asked if they came to some kind of resolution in their discussions. Ms. Anderson-Tuttle replied that the discussion had was that the district would be very receptive to including some kind page 40 July 11, 2019 Mendota Heights Planning Commission Meeting Page 3 of 6 of window treatments to eliminate night lighting. There was really no discussion about what types those would be. Shades were committed to but what type of shades has not been determined. Chair Magnuson opened the public hearing first to anyone who was in opposition of the variance request. There were no speakers in opposition to the variance request. Chair Magnuson then stated that the Commission could take testimony from folks who were in support of the variance request; and the Commission certainly did not want to preclude anyone from the opportunity to express themselves. However, given the hands that were raised before the Commission has a pretty good indication of where the attendees are at on this request; 99.9% of the people in the room are in support. She opened the floor for anyone who wished to speak but noted that the Commission understands their position and it would be taken into consideration during the Commission’s deliberations. Ms. Adrienne Meyers, 491 Deer Run Trail, West St. Paul, lives directly across Delaware Avenue from the proposed aquatic center and spoke, reluctantly, in opposition to the aquatic center at the June 25, 2019 Planning Commission meeting. However, this evening she was very happy to speak. Her position on the requested height variance was never about whether or not to build the aquatic center. She supported a new aquatic center at Sibley High School – she voted for it and believed it was needed. Her position as a neighbor to the school was grounded in wanting to have a meaningful dialogue with the district about how to mitigate the effects of then 35-foot tall 197- foot long wall on the adjacent on the neighborhood. Their concerns related to the aesthetics of the wall, light pollution, signage, loss of privacy from windows, landscaping, and traffic noise. At the end of the last hearing the Commission asked the district and architects to meet with the neighbors about these concerns. The very next day, several neighbors met at the building site with Mr. Fortman [Mr. Mark Fortman, Director of Operations], Ms. Anderson-Tuttle, and a team of architects. The meetings were positive and productive and resulted in the renderings included in the Planning Commission’s packet. They were pleased to see those renderings that the building was moved five more feet from Delaware Avenue and lowered four feet. They were also glad to see the density and variety of trees and other landscaping, as well as an additional earthen berm, all of which would provide additional screening of the wall from the neighborhood and the buffering of traffic noise. These alterations would also help the aquatic center blend into bucolic setting of the Sibley Campus with the adjacent residential neighborhood. This morning a group of neighbors met again with Mr. Olson-Skog, Mr. Fortman, Ms. Anderson- Tuttle, and Mr. Mannino. Ms. Anderson-Tuttle gave them a detailed landscaping plan, which they were pleased to see added even more trees and landscaping. They confirmed that the existing berm along Delaware would remain and that another smaller berm would be added. They also reviewed samples of the precast concrete panels and were pleased to see that they matched the existing color scheme of Sibley and would provide texture and visual interest and will blend in well with the surrounding landscape. The district also confirmed that they would not propose a sign on the eastern wall in its Comprehensive Signage Plan. The district agreed to install blinds on eastern windows to prevent light pollution and to protect the privacy of the residences during meets or other events that would page 41 July 11, 2019 Mendota Heights Planning Commission Meeting Page 4 of 6 occur after dusk. The district confirmed that the solar panels on the roof would be installed as far to the west as possible and would not be visible from the east. The district confirmed that the building could not be moved any further west without impairing the turning radius needed for the loading dock. She believed that the modifications and agreements made by the school district makes the requested height variance reasonable. Specifically, lowering the building four feet and adding a three-foot berm brings the perceived height close to the allowable 25 feet. Although she believed the scale of the eastern wall in proximity to Delaware Avenue would alter the essential character of the neighborhood, she understood that the relevant locality for the purposes of the practical difficulties test includes both the Sibley Campus and the residential neighborhood. She was also persuaded that the Sibley property is unique in that it is an institution located in a residential area and that locating the pool elsewhere would take away from other desired uses of the property. Thus, she believed that the school district met the practical difficulties test to obtain the variance. She expressed her appreciation to the representatives of the school district, LSE Architects, and ICS for meeting with the residents; but most of all for hearing them and truly collaborating with them and the amount of time and effort they expended to do so. She also expressed her appreciation to the Planning Commission for granting them the additional time to have these discussions and for the time and effort expended in connection with this special hearing. Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-18 VARIANCE REQUEST BASED ON THE FOLLOWING FINDINGS OF FACT: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three -part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow the proposed aquatics building to exceed the 25-ft. height limits in the R-1/R-1A One Family Residential District to 31-ft.-8-inches, by the following: i.) The proposed structure height increase is considered a reasonable request, based on the overall scope, scale and use of the subject property as a high school campus page 42 July 11, 2019 Mendota Heights Planning Commission Meeting Page 5 of 6 facility, and fits with the current design and layout of the existing school building on the property; and is considered consistent with the spirit and intent of the City Code and Comprehensive Plan; ii.) The plight of the landowner is due to circumstances unique to the property, as this proposed aquatics center building [and the related school facility buildings] are not a typical single-family use in the underlying R-1 One Family Residential District; and therefore warrants the approval or granting of such variances in this particular case; iii.) The excess heights of the new aquatics center is less than what exists today on the school campus site, so there impacts will not be noticeable when compared to other (pre-existing) structures on the campus site; and iv.) The variances, if granted, will not alter the essential character of the neighborhoods; since the school is and has been in place and operation for a number of years in the community, and there is a general accepted expectation that school facility improvements, such as this aquatics center can be considered a reasonable improvement for the overall benefit and enjoyment of the school, its students, faculty, and the community. Furthermore, the applicant has demonstrated an effort to reducing the impacts to the neighborhoods by reducing the height of the proposed aquatics building, moving the building away from the adjacent roadway, and installing a new earthen berm as an added area and elevation for trees and plantings that will provide an effective, natural screening to the neighborhoods. C. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variances upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this Variances will not affect or pose any negative impacts upon the neighborhood or the community in general. D. Approval of these Variances are for ISD-#197 (Henry Sibley High School) only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-18, dated and presented June 25, 2019 and July 11, 2019 (both on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-51. F. The City has the authority to place reasonable conditions upon the property subject to his Variance request. Conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1) The Applicant shall obtain a building permit for the proposed aquatics center building and related improvements and structures identified herein. 2) The Applicant shall not deviate or increase the height of the new aquatic structure as approved or presented under this application. Any changes must be reconsidered under a new application before the planning commission and approved by the city council. page 43 July 11, 2019 Mendota Heights Planning Commission Meeting Page 6 of 6 3) All grading and construction activity will 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 Applicant shall not schedule or conduct a swim meet or any other spectator event inside the aquatic center at the same time as a varsity football home game. 5) The landscape plan shall be submitted to city staff for review by the Master Gardener Volunteers. Commissioner Noonan also asked if it would be appropriate for the Commission to add in another condition that relates to what the school district promised so that there is a record of it in the decision; specifically about the promise of no signage placed on the eastern faced wall of the aquatic center. Furthermore, the school district agreed to provide the appropriate window treatments on the eastern faced wall as well. Mr. Benetti replied that the minutes could speak for that as they are the official forms of record of what was discussed and agreed to this evening, but adding the conditions is also appropriate. Commissioner Noonan suggested the following verbiage: 6) The future Comprehensive Signage Plan would not include a sign on the eastern facing wall of the aquatic center 7) As plans are advanced, the school district will provide information on window treatments on the eastern facing wall of the aquatic center Commissioner Mazzitello agreed to this friendly amendment to his motion, as did Commissioner Toth. Commissioner Noonan expressed his thoughts on the time well spent in the discussions as they provided a great opportunity for consultation with the neighbors to allow for an improvement of the plans and for addressing the concerns. This was a great example of what community consultations should look like and the results that can emerge from that process. AYES: 7 NAYS: 0 Chair Magnuson advised the City Council would consider this application at its July 16, 2019 meeting. Adjournment COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER NOONAN, TO ADJOURN THE MEETING AT 7:34 P.M. AYES: 7 NAYS: 0 page 44 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES March 20, 2019 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, March 20, 2019, at Mendota Heights City Hall. 1. Call to Order Chair Sloan called the meeting to order at 7:02 pm. 2. Roll Call The following commissioners were present: David Sloan, Gina Norling, William Dunn, Sally Lorberbaum, Jim Neuharth, and Arvind Sharma. Absent: Kevin Byrnes. Also present: Assistant City Administrator Cheryl Jacobson, City Administrator Mark McNeill 3. Approval of Minutes Dunn noted in 5.d that he had not made the comment regarding “noise sensors in Eagan”. It should be changed to “It was noted…” Lorberbaum also corrected the plural of “monitors” in the same section. Motion by Dunn/Second by Norling to approve the minutes of the January 16, 2019 ARC meeting. Motion carried 4-0; Sharma abstained. 4. Unfinished and New Business a. Election of Chair—Sloan called for nominations to be Commission Chair for 2019. Nomination of David Sloan to be 2019 Chair by Lorberbaum; seconded by Dunn. There were no other nominations. Sloan was elected Chair 6-0. Election of Vice Chair-- Sloan called for nominations to be Commission Vice-Chair for 2019. Nomination of Sally Lorberbaum to be 2019 Vice-Chair by Dunn; seconded by Sloan. There were no other nominations. Lorberbaum was elected Vice-Chair 6-0. b. Turboprop Request—Jacobson distributed a letter that Neuharth had drafted and dated February 19th, which asked staff at MSP to devise a plan to deal with turboprops turning out of the corridor and going over the northern part of Mendota Heights. Neuharth said that it had been as a result of a complaint at the last public meeting. It was noted that this issue has gone back as far as 2016, and is a result of air freight operations. Jacobson reviewed a 2016 presentation, which said that the FAA encouraged turboprops to leave the corridor as soon as possible, so as to not delay departing jets. It was determined that the turboprop topic should be brought up proactively for the April 24th listening session. MAC staff Brad Juffers and Dana Nelson could be asked to put this on as a “Turboprop 101” explanation. It was decided to hold off on sending the letter. page 45 c. ARC Work Plan for 2019—Those present reviewed the proposed 2019 ARC Work Plan, which had first been discussed at the January meeting. Recommended Changes to the 2017 Work Plan: Page 1—No changes Page 2—First section—Change the format for items listed under “powers and duties” from A, B, and C; to 1, 2, and 3. Also, after spelling out the full name of the Commission in #1, change the remaining references to the Commission, to “ARC”. Change “Objectives and Approach”, to “Goals” here, and throughout the remainder of the document. Where “Commission” is referenced, change to “ARC”. Change “issues” to “goals” in paragraph under 2019 Goals. Page 3—Under the second bullet point in Goal 2, spell out “NOC” as “Noise Oversight Committee”. Page 4—Add bullet point under Goal 3: “Conduct Joint Meetings with Neighboring Communities”. Page 5—Eliminate dashes in second bullet point. Change third bullet point to “Televise ARC meetings as agenda content dictates”. Add final bullet point to read ”Add ARC Minutes to City Council Agenda for review”. There was also discussion as to how to better utilize the City’s social media options to better educate residents. The Commissioners agreed to create a short story after each ARC meeting, for inclusion in the Friday News. McNeill said that he would check with NDC4 as to their ability to televise ARC meetings on a regular basis. It was also recommended that the April 24th listening session be televised. Dunn moved to accept the 2019 Work Plan, with the discussed changes. Second by Lorberbaum. Approved 6-0. d. Discussion of ARC Meeting Starting Time—The Commissioners discussed a possible change in the starting time for the regular ARC meetings from 7:00 PM to 6:00 PM. No one expressed concerns about the change. Motion by Dunn, second by Norling, to have future ARC meetings start at 6:00 PM. Motion carried 6-0. Jacobson also said that the ARC might consider going to meeting every other month, similar to the meeting schedule for the Eagan. e. ARC Meeting Topics—The Commission discussed possible topics for the upcoming months. Possible guests, subjects and dates included: • May--Joint Meeting with Eagan ARC • June—Joint meeting with the City Council • August--MAC Representative Richard Ginsburg as guest page 46 • September—invite Dana Nelson to do follow-up on the Norlings’ delayed turn question, which was first brought up in June, 2018 • November--Invite area legislators • January—review of 2020 goals Other possible topics were airport security, and inviting air freight companies to meet with the ARC. There was discussion as to whether August was to be an off month. The consensus was to keep it on the calendar, as well as the other months, except December. If there was no reason to meet, the meeting could be cancelled the week or two prior. f. Review of Airport Operational Statistics and Statistical Links Complaints—Jacobson had attended the NOC meeting which had been held earlier that afternoon. She said that it was noted that the complaints from Mendota Heights were the lowest that they had been in four years. That was reflected in the charts. Turboprop Operations—Neuharth said that the charts showed nothing significant, except that some control charts were shown to exceed control limits. He will work with Byrnes to see if explanations for the “exceed” locations can be noted on the charts, as they had been in previous charts. He will also work with Byrnes to place the labels of the controls limits on the left side of the charts. g. MAC Update—Sharma said that the Final Four Basketball tournament to be held the first weekend of April is expected to generate some additional traffic, but the impact would be nothing like what had happened with the 2018 Super Bowl. He also said that total operations were bottomed out in 2017, but edged upwards in 2018. He also reviewed new and overall destinations. h. Air Sensors—There was no report on noise monitors. 5. Other Business a. March 20 NOC Meeting—Chair Sloan reported that the NOC meeting held earlier that day was a relatively light agenda. They showed the 2018 noise contours, which were slightly smaller in some areas, and slightly larger in areas in south Minneapolis. 6. Public Comments No members of the public were present. 7. Commissioner Comments None. 8. Adjourn Motion Sloan/Second Dunn to adjourn at 8:29 PM Minutes Taken By: Mark McNeill City Administrator page 47 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES JOINT MEETING WITH EAGAN ARC MAY 14, 2019 A joint meeting of the Eagan and Mendota Heights Airport Relations Commissions was held on Tuesday, May 14, 2019 at 7:00 p.m. Those present from the Eagan ARC were Michael Johnson, Debra Dulligner, Theresa Hughes, Joseph Axmacher, and Assistant City Administrator Miller. Jeff Spartz and Philippe Girard were absent. Mendota Heights Attendance: David Sloan, Sally Lorberbaum, William Dunn, Gina Norling, James Neuharth, Kevin Byrnes, Arvid Sharma and Mark McNeill, Administrator. The meeting was called to order by Interim Chair Johnson. AGENDA Commissioner Hughes moved, Commissioner Spartz seconded a motion to approve the agenda as presented. All members voted in favor. PRESENTATIONS Brian Ryks, MAC Executive Director and Chief Executive Officer State of the Airport MAC Executive Director and Chief Executive Officer Brian Ryks gave a presentation on the State of the Airport. UPDATES ON CURRENT EFFORTS BY THE COMMISSIONS Assistant City Administrator Miller noted the MAC is currently conducting mobile noise monitoring at two sites in Eagan: Mueller Farm Park and Thomas Lake Park. The goals will determine if gaps in the Remote Monitoring Tower (RMT) coverage area currently exists and determine if two of the RMT closes to Interstate 35-E are properly located to best monitor aircraft noise given the ambient freeway noise. The objective of the study is to compare data collected from the mobile equipment with data being collected at RMTs 25 and 37. Miller also noted at the ARC workshop, Bradley Juffer, MAC Manager of Community Relations, provided an overview of the Runway 17 Departure Study being prepared for the review of the Noise Oversight Committee. Mendota Heights Commissioner Norling spoke about the proposed 12L departures noise abatement, and Commissioners Neuharth and Byrnes spoke on the turbo prop noise impact. There was no other business. Interim Chair Johnson thanked the members of the Mendota Heights Commission for attending the meeting. VISITORS TO BE HEARD page 48 Ted Gladhill, Eagan resident, raised questions about air traffic patterns. Bradley Juffer, MAC Manager of Community Relations responded to the questions. Rebecca MacPherson, Great Lakes Region Regional FAA Administrator, also responded to the questions. OTHER BUSINESS There was no other business. ADJOURNMENT Upon motion by Axmacher, seconded by Dulligner, the meeting adjourned at 8:30 p.m. All members voted in favor. Minutes Taken By: Dianne Miller, Assistant City Administrator City of Eagan page 49 DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License for St. Thomas Academy INTRODUCTION The Council is asked to approve a temporary liquor license for St. Thomas Academy for an event to be held September 25-27, 2019. BACKGROUND Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses can be granted only to clubs and charitable, religious or nonprofit organizations. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. DISCUSSION St. Thomas Academy, located at 949 Mendota Heights Road, is planning to hold their annual reunion weekend activities on September 25 – 27, 2019. The events will take place as follows: • Wednesday, September 25, Honor Awards and Benefactor Dinner in the Ciresi Atrium and Sjoberg Flynn Arena • Thursday, September 26, Senior Alumni Dinner in Sjoberg Flynn Athletic Arena • Friday, September 27, Class Reunion and Athletic Hall of Fame Ceremony in the Sjoberg Flynn Athletic Arena They have requested a temporary on-sale liquor license to allow for the sale of alcoholic beverages at these events. St. Thomas Academy has submitted an application and a certificate of insurance showing liquor liability coverage. It should be noted that temporary on-sale liquor licenses have been issued in the past to St. Thomas Academy and other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a temporary on-sale liquor license for St. Thomas Academy for September 25. 26, 27, 2019, subject to approval of the Director of Alcohol and Gambling Enforcement. page 50 Request for City Council Action DATE: August 7, 2019 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: Resolution 2019-55 Acceptance of MOMS Club Donation COMMENT: Introduction The City Council is asked to formally accept a donation which was received from the MOMS Club of Mendota Heights, MN. Background By state law, all donations to the City must be accepted by the City Council by means of a resolution. The MOMS Club of Mendota Heights, MN has donated money to plant a tree in one of the Mendota Heights Parks. Their $150.00 cash donation is to be put towards the cost of the tree. Staff is working with the MOMS Club to schedule their annual tree planting ceremony. It will likely take place in September. The club has requested the tree be planted at Hagstrom-King Park. The City is grateful for this donation. Budget Impact There is no budget impact. Recommendation Staff recommends that the Mendota Heights City Council approve Resolution 2019-55. Action Required If the Council concurs, it should, by motion adopt Resolution 2019-55. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-55 RESOLUTION FORMALLY ACCEPTING A DONATION FROM THE MOMS CLUB OF MENDOTA HEIGHTS WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03 “Gifts to municipalities”; and WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to municipalities; and WHEREAS, the City has previously acknowledged gifts with a resolution; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to acknowledge the civic mindedness of citizens and officially recognize their donations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mendota Heights accepts a donation of $150.00 from the MOMS Club of Mendota Heights to purchase and plant a tree in Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 52 DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Wayne Wegener, Police Captain Cheryl Jacobson, Assistant City Administrator SUBJECT: Approve Police Officer Hire INTRODUCTION The City Council is asked to approve the hiring of Alexander Randall for the position of Police Officer. BACKGROUND Staff recommends the hiring of Alexander (Alex) Randall to a currently vacant position of Police Officer. Alex comes to the city from the Dakota County Sheriff’s Office where he has held the position of Park Ranger since the fall of 2018. Alex has a Bachelor’s degree from Minnesota State University-Mankato in Law Enforcement. He also serves in the National Guard as a specialist with the Cavalry Scout/Reconnaissance unit. Alex’s anticipated start date is August 26, and is dependent upon approval by the City Council and notice to his employer. BUDGET IMPACT This is a budgeted position. ACTION RECOMMENDED Staff recommends that the City Council approve the hiring of Alexander Randall as Police Officer. Starting salary will be $5,220 per month based on the 2018-2019 Law Enforcement Labor Services, Inc. labor agreement. ACTION REQUIRED If City Council concurs, it should by motion, approve the hiring of Alexander Randall to the position of Police Officer with the Mendota Heights Police Department. page 53 REQUEST FOR COUNCIL ACTION DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Purchase Order for the Hagstrom King Park Basketball Improvements COMMENT: INTRODUCTION The Council is asked to authorize a purchase order to expand the basketball court at Hagstrom King Park. BACKGROUND The existing court at Hagstrom King Park measures approximately 40 x 50 feet (2000 sq. ft.) with a hoop at one end. The surface striping has also faded. The court was installed with the park referendum in 1989. The city expanded the court at Marie Park in 2018 which has generated additional use. DISCUSSION Staff received three quotes to expand the existing half court by adding 1200 sq. ft. of concrete, installing city supplied adjustable basketball hoops on both ends, and restriping the court. The quotes are as follows: Kirchner Contracting, Inc. $11,850 Plan Concrete $12,000 JWS Construction $13,500 The new Basketball hoops will be purchased from BSN Sports for $1500 each. The striping is an additional $1,200. BUDGET IMPACT The costs of this replacement and installation are proposed to be paid for out of the Special Park Fund. The total cost of this improvement is estimated at $16,050 which is below the estimate of $20,000. RECOMMENDATION I recommend that the Council authorize the purchase order for the Hagstrom King Park Basketball Improvements to Kirchner Contracting, Inc. ACTION REQUIRED If Council agrees with the staff recommendation, authorize staff to execute a purchase order to Kirchner Contracting Inc. for $11,850. This action requires a simple majority vote. page 54 REQUEST FOR COUNCIL ACTION DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Authorize Purchase Order for the Marie Park Pickle Ball Improvements COMMENT: INTRODUCTION The Council is asked to authorize a purchase order to complete the surfacing on the Marie Park hockey rink for pickle ball improvements. BACKGROUND The existing hockey rink at Marie Park was striped for pickle ball use. In the past year, the city has installed permanent nets and filled “birdbaths” in the pavement area with the Marie Park Tennis Court project. Staff intended that Public Works could complete a repainting of the rink and new striping. However, due to time constraints, quotes were solicited for this work to be done by a contractor. DISCUSSION Staff received two quotes to install a professional surfacing similar to that of the tennis court. Staff is proposing that the main rink would be colored in a light blue with white line striping. A lighter color has been selected to minimize ice melt on sunny winter days. The quotes are as follows: Surface Pro $11,850 Tennis Court Doctor $35,000 BUDGET IMPACT The costs of this replacement and installation are proposed to be paid for out of the Special Park Fund. For reference, the striping of the Marie Park Tennis Court was approximately $15,000. RECOMMENDATION I recommend that the Council authorize the purchase order for the Marie Park hockey rink surfacing for improvements to pickle ball courts. ACTION REQUIRED If Council agrees with the staff recommendation, authorize staff to execute a purchase order to Surface Pro for $11,850. This action requires a simple majority vote. page 55 DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2019-56 Approve Plans and Authorize Advertisement for Bids for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvements COMMENT: INTRODUCTION The purpose of this memo is to request that the Council approve the plans and specifications, and authorize an advertisement for bid for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvement Project. BACKGROUND The preparation of the feasibility report for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvements, was authorized by the Mendota Heights City Council by issuing a professional services contract to Stonebrooke Engineering on February 5, 2019. The Minnesota Statute 429 process is required because the city intends to assess a portion of the project. The feasibility report for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvements was accepted by the Mendota Heights City Council. The Council called for a Public Hearing on July 16, 2019 by adopting Resolution 2019-50 at the June 18, 2019, City Council meeting. The recommendation in the feasibility report was to proceed with this project. The proposed project includes replacement of failing boulder retaining walls on Outlot E of the Town Center/Village of Mendota Heights development. DISCUSSION The feasibility report indicated the estimated costs for the project, along with preliminary assessment estimates. At the end of the feasibility report, a project financing summary is included to show project cost splits and funding sources to be utilized. The total estimated cost of the boulder type project is $470,215 including indirect costs. The feasibility report looked at several wall options including, boulder, small block, large block, and sheet piling. Staff met with affected properties and the boulder wall options was preferred. City Council also confirmed a recommendation for the boulder walls at their June 18, 2019 meeting. page 56 BUDGET IMPACT Improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the reconstruction costs. The following tables show the estimated unit assessments based on the City policy. PROJECT COSTS ITEM CONSTRUCTION INDIRECT TOTAL Outlot E Retaining Wall Reconstruction $329,361 $82,340 $411,701 Victoria - Walsh Street Modular Block Wall Reconstruction $46,811 $11,703 $58,514 TOTALS $376,172 $94,043 $470,215 FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS Outlot E Retaining Wall Reconstruction $411,701 $205,850 $205,851 Victoria - Walsh Street Modular Block Wall Reconstruction $58,514 $58,514 Totals $470,215 $205,850 $264,365 ASSESSMENT CALCULATIONS - OUTLOT E RETAINING WALL RECONSTRUCTION Assessable Costs $411,701 Assessment $205,850 Assessable Units 55 Estimated Unit Assessments per City Policy The Village of Mendota Heights Town Center Properties *** $116,975 Dakota County CDA $20,565 Mendota Heights Town Center LLC $68,310 Proposed Assessment Total $205,850 ASSESSMENT CALCULATIONS ***The Village of Mendota Heights Town Center Assessable Costs $116,975 Assessable Units 53 Proposed Unit Assessment per City Policy $2,207 RECOMMENDATION Staff recommends that the Council approve the plans and specifications for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvement Project, and authorize the advertisement for bids. The full plan set is available for review at city hall. page 57 ACTION REQUIRED If City Council wishes to implement the staff recommendations, pass a motion adopting: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS. This action requires a simple majority vote. page 58 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-56 A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS WHEREAS, the Public Works Director reported that the proposed improvements and construction thereof were feasible, desirable, necessary, and cost effective, and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed the Public Works Director to proceed with the preparation of plans and specifications thereof; and WHEREAS, the Public Works Director has prepared plans and specifications for said improvements and have presented such plans and specifications to the City Council for approval. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved by the City. 2. That the Clerk with the aid and assistance of the Public Works Director be and is hereby, authorized and directed to advertise for bids for said improvements all in accordance with the applicable Minnesota Statutes, such as bids to be received at the City Hall of the City of Mendota Heights by 10:00 A.M., Thursday, August 29, 2019, and at which time they will be publicly opened in the City Council Chambers of the City Hall by the Public Works Director, will then be tabulated, and will then be considered by the City Council at its next regular Council meeting. Adopted by the City Council of the City of Mendota Heights this seventh day of August 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 59 Request for City Council Action MEETING DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: Fire Synopsis – June 2019 COMMENT: Fire Calls In the month of June, the Fire Department was paged to 32 incidents; 22 were located in Mendota Heights, five were in Lilydale, two in Mendota, two in Sunfish Lake, and one in Rosemount as a mutual aid request. The fire calls themselves broke down as follows: Under the classification of Actual Fires and/or Smoke in a Building: The mutual aid call to Rosemount was for a water tender (Tanker) to be used with their tenders to battle a structure fire at a home in an area without fire hydrants. The department also responded to smoke in a home where the homeowners had thought the issue was due to a clothes dryer issue. Upon further investigation, the smoke source was from a light/fan combination in a bathroom. Once discovered, the power was isolated and shut off to that device and fire cleared. This call also caused an auto-aid for Eagan Fire to respond as well. The department was paged to a brush fire that was called in by passing motorists on 494. The homeowner had been burning brush on a wet morning causing a significant amount of smoke. The homeowner was advised to put the fire out. A delivery truck had a small fire in the engine compartment but he was able to extinguish the fire before firefighters arrived. Finally, we were also dispatched to a sprinkler activation in the freezer of Teresa’s restaurant that activated when the cooling unit overheated. Under the classification of Medical/Rescue calls: In the month of June the MHFD responded to seven calls that were either medical in nature or required some type of rescue. Under the category of Hazardous Situation calls: For the month of June, we had one smell of gas in a building that was determined to be propane from a grill in the garage. We also had two calls for CO alarms at the same residence. It was eventually determined to be a bad furnace. Historically, this would not be a typical issue in the summer, but with some of the new “smart” thermostats, they can run the AC during the day and flip to heat at night if the temperature drops significantly. Additionally, we were paged to two smells of gas in the area in which Xcel was advised. page 60 Under the classification of False Alarms: We responded to six false alarms. Of those six calls, two were deemed to be unintentional activations, two were coded as malfunctions, and two were listed as “other” Finally, we had eleven calls that were cancelled before our arrival. Department Training Opportunities June 12 18:30 Company Operations This drill had crews doing two separate stations, one was going over fire attack in a structure. Hose deployment in the structure, correct command procedures, and best practices to both attack a fire scenario and perform a primary search looking for possible victims were stressed. Station two worked on proper aerial placement, operation and deployment including correct hand signals. June 13 07:00 Pump Operations This drill occurred at Public Works and consisted of three different stations and different scenarios. All three scenarios were focused on pumping a particular truck and fully utilizing the trucks pumping and deployment capabilities. June 19 18:30 Driving Firefighters did a driving and operations function drill. This drill allowed an opportunity for firefighters to become more proficient in their driving and operation skills. June 24 18:30 Company Operations This drill had crews doing two separate stations, one was going over fire attack in a structure. Hose deployment in the structure, correct command procedures, and best practices to both attack a fire scenario and perform a primary search looking for possible victims were stressed. Station two worked on proper aerial placement, operation and deployment including correct hand signals. June 25 07:00 Ladders Firefighters were assigned to an engine that went to different areas in the city and each firefighter was required to go through pumping operations with the truck, hooking up to their own hydrant, and keeping their firefighters with a constant flow of water. June 27 07:00 /18:30 Make Up Training page 61 Number of Calls 32 Total Calls for Year 178 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $1,200 Structure - MH Residential $2,000 Structure - Contract Areas $0 Cooking Fire - confined $5,000 Vehicle - MH 1 $500 $13,500 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire 1 OVERPRESSURE RUPTURE $0 $0 $500 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 2 Vehicle accident w/injuries 2 Extrication 2 ALL FIRES, ALL AREAS (MONTH)$500 Medical, other 1 HAZARDOUS SITUATION MEND. HTS. ONLY STRUCT/CONTENTS $7,000 Spills/Leaks 1 Carbon Monoxide Incident 2 MEND. HTS. ONLY MISCELLANEOUS $13,500 Power line down Arcing, shorting 1 MEND. HTS. TOTAL LOSS TO DATE $21,700 Hazardous, Other 3 SERVICE CALL Smoke or odor removal CONTRACT AREAS LOSS TO DATE $0 Assist Police or other agency Service Call, other GOOD INTENT Good Intent Dispatched & Cancelled 11 Current To Date Last Year Smoke Scare 22 139 101 HazMat release investigation 5 16 10 Good Intent, Other 2 5 7 FALSE ALARMS 2 6 4 False Alarm 1 12 7 Malfunction 2 Total:32 178 129 Unintentional 2 False Alarm, other FIRE MARSHAL'S TIME FOR MONTH MUTUAL AID 1 INSPECTIONS 34.4 Total Calls 32 INVESTIGATIONS 0 RE-INSPECTION 2 WORK PERFORMED Hours To Date Last Year MEETINGS 0 FIRE CALLS 436.5 2867.5 1791.5 MEETINGS 85 442.5 231.25 ADMINISTRATION 9 TRAINING 307 2032.5 1905.25 SPECIAL ACTIVITY 11.5 205 83 PLAN REVIEW/TRAINING 4 FIRE MARSHAL 49.4 97.9 49.5 TOTAL:49.4 TOTALS 889.4 5645.4 4060.5 REMARKS: Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT JUNE 2019 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 page 71 page 72 page 73 page 74 page 75 page 76 page 77 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: St. Thomas Academy Baseball Championship Proclamation Date: August 7, 2019 Comment: Introduction: At the August 7th City Council meeting, the Council will be asked to recognize the St. Thomas Academy Cadet baseball team for winning the 2019 State Baseball Tournament Championship. Background: On June 20th, the STA Cadets played in the Class AAA Championship game of the MSHAA state baseball tournament. IN that game, the Cadets beat the team from Benilde-St. Margaret 1-0, to win its first-ever state tournament championship. The team finished with an overall record of 21 wins, and nine losses. A proclamation declaring Wednesday, August 7th to be “Saint Thomas Academy State Baseball Championship Day” in Mendota Heights has been prepared. STA Coach Matt Kelly, and several of the players are expected to be in attendance to receive it. Recommendation: The Council should pass a motion proclaming the special day. Action Required If the Council concurs, it should, by motion, approve a proclamation declaring Wednesday, August 7th, to be Saint Thomas Academy State Baseball Championship Day in Mendota Heights, Minnesota. Mark McNeill City Administrator page 78 Proclamation City of Mendota Heights, Minnesota WHEREAS, the Saint Thomas Academy Cadets have had a long tradition of excellence in high school athletics; and WHEREAS, the Cadets baseball team played well during the 2019 regular season against some tough competition; and WHEREAS, the Cadets qualified for the Minnesota State High School Baseball Tournament, where it played outstanding baseball, and reached the championship game on June 20, 2019, when they played the Red Knights of Benilde-St. Margaret High School; and WHEREAS, the Cadets prevailed in that game, winning by a score of 1-0, thus ending the season with a record of twenty one wins and nine losses; and WHEREAS, the team therefore became the 2019 Class AAA State Tournament Champions, doing so for the first time in school history; and WHEREAS, the State Championship team roster was comprised of Keegan Cashill Callan Happe Carter Henry Michael Goblisch Judd Fenlon Alexander Casale Charles Berg Jordan Young Charlie Fafinski Patrick Walsh Jack Ogle Tristin Thilmany Miles Nissly Duke Coburn Murphy Lynch Benjamin Taxdahl Sean Creamer Joseph Goulet Raleigh Droel Vincent Hubbell Student Managers Jackson Marquardt Johnny Steveken Head Coach Matt Kelly Asst. Coaches Brian Meyer, Dylan Welter, Jon Engeswick, Scott Applebaum, Greg Monahan NOW, THEREFORE, be it resolved that the Mayor and City Council of the City of Mendota Heights, Minnesota, do hereby proclaim August 7, 2019 to be “Saint Thomas Academy State Baseball Championship Day” In Mendota Heights, and further recognize and commend these young men for their athletic skills, determination, and perseverance in achieving this historic feat. ______________________ Neil Garlock, Mayor __________________________ Lorri Smith, City Clerk __________________________ Date page 79 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Ira Kipp Recognition Date: August 7, 2019 Comment: Introduction: At the August 7th City Council meeting, a plaque will be presented to Ira Kipp, in recognition of his service on the City’s Parks and Recreation Commission. Background: Ira Kipp was first appointed to the Parks and Recreation Commission on February 1, 2012. In June of this year, he submitted his resignation from the Commission to the City Council. His resignation was necessitated due to a meeting time conflict. On July 2nd, the City Council accepted his resignation with regret. Recommendation: In recognition of Mr. Kipp’s service to the City, a plaque should be presented. Action Required Mayor Garlock should present a Plaque of Appreciation to Ira Kipp, in recognition of Ira’s more than 7 years of volunteer service to the City as a member of the Parks and Recreation Commission. Mark McNeill City Administrator page 80 Request for City Council Action MEETING DATE: August 7, 2019 TO: Mayor Garlock and City Council, City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution Approving a Critical Area Permit to Andy & Natalie Hunter – for property located at 1175 Orchard Place (Planning Case No. 2019-21) Introduction City Council is asked to consider adopting a resolution approving a Critical Area Permit to Andy & Natalie Hunter, for a new garage/living space addition, and the replacement of two decks on the rear yard area of an existing single-family dwelling. The property is located at 1175 Orchard Place. Background Title 12-3-5 of the City Code requires a critical area permit for all development activities requiring a building permit or special zoning approvals. The Applicants are seeking permission to construct a new 25.5’ x 30’ addition, which will contain a new two-car garage space with additional living space above, along with a new open deck and a new enclosed/screened in deck/porch, subject to the requirements of the applicable zoning district and related Critical Area Overlay District standards. On July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record. A copy of the 07/23/2019 Planning Staff Report, along with the Planning Commission meeting excerpt minutes, are appended to this memo report. Discussion The City can use its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this critical area permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. Recommendation The Planning Commission recommended unanimously (by 6-0 vote) to approve the Critical Area Permit with specific findings of fact to support said approval. If the City Council wishes to affirm this recommendation, make a motion to adopt RESOLUTION NO. 2019-53 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1175 ORCHARD PLACE. Action Required This matter requires a simple majority vote. page 81 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-53 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1175 ORCHARD PLACE (PLANNING CASE NO. 2019-21) WHEREAS, Andy & Natalie Hunter (as “Applicant/Owner”) have applied for a Critical Area Permit as proposed under Planning Case No. 2019-21, and for the property located at 1175 Orchard Place (the “Subject Property”), which is legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, Title 12-3-1 of the City Code (Critical Area Overlay District) requires a critical area permit for all development activities necessitating a building permit or special zoning approval, and the Applicant is seeking permission to construct a new 25.5’ x 30’ addition, which will contain a new two-car garage space with additional living space above, along with a new open deck and a new enclosed/screened in deck/porch, subject to the requirements of the applicable zoning district and related Critical Area Overlay District standards; and WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this matter, and whereupon closing the hearing and follow-up discussion with staff and the Applicant, the Planning Commission recommended unanimously (6-0 vote) to approve the Critical Area Permit request for 1175 Orchard Place, with certain findings of fact to support such recommendation. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the Critical Area Permit for 1175 Orchard Place as proposed under Planning Case No. 2019-21 can be approved based on the following findings of fact: A. The proposed project meets the purpose and intent of the Critical Area Overlay District. B. The proposed work and disturbance to construct this garage/living space addition and new decks are all minimal, reasonable and within the spirit and intent of the Critical Area. page 82 C. The proposed garage/living space addition and new deck project is in keeping with the character of the area. D. The expansion and construction of this new garage/living addition will comply with all standards and regulations of the Zoning Ordinance and other applicable ordinances. E. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-21, dated and presented July 23, 2019 (on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that that the Critical Area Permit for the property located at 1175 Orchard Place and as proposed under Planning Case No. 2019-21 is hereby approved with the following conditions: 1. A building permit must be approved prior to the commencement of any demolition or construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will 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. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 5. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk page 83 EXHIBIT A PID No. 27-33900-01-020 ADDRESS: 1175 ORCHARD PLACE, MENDOTA HEIGHTS, MN 55118 LEGAL: LOT 2, BLOCK 1, HUNTER BLUFF, DAKOTA COUNTY, MINNESOTA. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 84 Planning Staff Report (Amended) DATE: July 23, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-21 CRITICAL AREA PERMIT APPLICANT: Andy & Natalie Hunter PROPERTY ADDRESS: 1175 Orchard Place ZONING/GUIDED: R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE: August 23, 2019 DESCRIPTION OF THE REQUEST The Applicants are seeking a critical area permit to construct an approximate 25.5’ x 30’ (footprint 765-sf.) two-car garage addition, with upper living space, to the existing residential dwelling. Plans also call for the replacement of two decks off the back of the home. The subject property is located at 1175 Orchard Place, which is situated in the Mississippi River Corridor Critical Area. Title 12-3-5 of the City Code requires a critical area permit for all development activities requiring a building permit or special zoning approvals. This item is being presented under a duly noticed public hearing process. A notice of hearing was published in the Pioneer Press; and notice letters were mailed to all owners within 350-feet of the subject property. BACKGROUND The subject property is located north of where Orchard Place curves southward, turning into Hunter Lane. Site consists of 1.55 acres of area, and contains a 3,635-sq. ft. two-story dwelling. The property is relatively flat coming off of Orchard Place, but rises up slightly near the front areas of the home. The back yard is relatively level throughout, but drops off considerably from the bluff line down to the lower valley located in nearby Mendota. Property Location – Aerial Map page 85 Planning Report-Case #2019-21 Page 2 The plan calls for the new garage/living space addition to take place on the northeast corner of the dwelling structure. The Hunter’s will also be installing a new patio/deck off the back section of the home overlooking the bluff area (see Site Plan image – below). The Hunter’s currently have a small (shallow) two-car attached, tuck-under garage (see image below-left); and the addition will be built out and in front of this garage, which will provide added garage space for their personal vehicles, and more living space immediately above the new garage area. (see Site Plan image – below). Some of the retaining walls shown in the plans will remain or be rebuilt as needed. A sidewalk leading from the driveway (near the front corner of the existing garage) and which leads up to the raised back yard space, will be rebuilt and reinforced and shored up with new boulder retaining walls. No excessive grading or soil disturbance or vegetation removal will occur as part of this project. The Applicants intend to replace the 735-sf. open deck with a new 1,050-sf. open deck; and replace a smaller 310-sf. open deck with a slightly smaller, 208-sf. deck with a screened-in/roofed enclosure. ANALYSIS According to Title 12-3-2 of the City Code, the purpose and intent of the Critical Area Overlay District is: …to prevent and mitigate irreversible damage to this unique state, local, regional and national resource to promote orderly development of the residential, commercial, industrial, recreational and public areas, to preserve and enhance its values to the public and protect and preserve the system as an essential element in the city's transportation, sewer and water and recreational systems… The pertinent provisions of the Critical Area Overlay District that apply to this application are: page 86 Planning Report-Case #2019-21 Page 3 Section 12-3-7. Existing Structures and Uses: D. Existing Residential Uses: Residential buildings on parcels developed and built upon prior to June 1, 2003, that otherwise conform to the standards and regulations of the zoning ordinance, and which comply with the standards and regulations of this chapter with the exception of the slope requirements, may be expanded with the addition of attached or detached structures, provided that: 1. The expansion or accessory structure shall encroach no closer toward the river than the existing structure. 2. The expansion or accessory structure shall comply with all other performance standards and regulations of this chapter and the zoning ordinance. 3. The proposed expansion shall be processed in accordance with the procedures for site plan review as listed in section 12-3-17 of this chapter. The existing home is situated approx. 680-feet from the Mississippi River, and the new 25.5’ x 30’ addition does not “encroach closer toward the river…” as noted above, and will have no impact upon this critical water feature, the bluff line or any other natural environment feature inside this critical corridor area. Section 12-3-8 provides for the following development standards: A. Objectives: The objectives of dimensional standards are to maintain the aesthetic integrity and natural environment of the Mississippi River corridor critical area. These standards are designed to protect and enhance the shoreline and bluff areas, as well as provide sufficient setback for on- site sanitary facilities, to prevent erosion of bluffs, to minimize flood damage and to prevent pollution of surface and ground water. B. Structure Setbacks: All new structures shall meet the following minimum setbacks: 1. Setback from Bluff Line: No structure shall be constructed less than forty feet (40') landward from the bluff line of the river. The area where the addition is going on the existing property is relatively flat and level (existing driveway surface), and there does not appear to be much grading or soil disturbance on the subject site related to this project, other than the minimal and typical amount needed to install new footing and foundation for the new garage addition. The expansion and construction of this new garage addition will comply with all standards and regulations of the zoning ordinance. The new deck and enclosed deck features will also comply with all standards and regulations of the zoning ordinance as well. For all intents and purposes, construction of this new addition should have little, if any effect on the bluff area or the critical area. INTERAGENCY REVIEW In addition to the public and private property owners within 350 feet of the subject parcel, public hearing notices and application materials were sent to the following agencies for review and comment: Minnesota Department of Natural Resources (MNDNR)  Acknowledged receipt of the application request and indicated they had no objections. ALTERNATIVES 1. Approve the Critical Area Permit request for 1175 Orchard Place, which would allow the construction of a new 25.5’ x 30’ addition to the existing residential dwelling, and new deck features as noted in the site improvement plans, based on the findings of fact that the proposed project is compliant with the policies and standards of the Critical Area Overlay District, with certain conditions; or page 87 Planning Report-Case #2019-21 Page 4 2. Deny the Critical Area Permit request for 1175 Orchard Place, based on the findings of fact that the application does not meet certain policies and standards of the Critical Area Overlay District as determined by the Planning Commission; or 3. Table the request; direct staff to work with the Applicants and allow them more time to refine the site plans for the property, and extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the Critical Area Permit request for 1175 Orchard Place, which would allow the construction of a new 25.5’ x 30’ addition to the existing residential dwelling, and new deck features as noted in the site improvement plans, based on the findings of fact that the proposed project is compliant with the policies and standards of the Critical Area Overlay District, with the following conditions: 1. A building permit must be approved prior to the commencement of any demolition or construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will 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. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 5. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. page 88 Planning Report-Case #2019-21 Page 5 FINDINGS OF FACT FOR APPROVAL Critical Area Permit for 1175 Orchard Place The following Findings of Fact are made in support of approval of the proposed requests: 1. The proposed project meets the purpose and intent of the Critical Area Overlay District. 2. The proposed work and disturbance to construct this garage/living space addition and new decks are all minimal, reasonable and within the spirit and intent of the Critical Area. 3. The proposed garage/living space addition and new deck project is in keeping with the character of the area. 4. The expansion and construction of this new garage/living addition will comply with all standards and regulations of the Zoning Ordinance and other applicable ordinances. page 89 1140 1171 1175 1155 1819 1845 18501855 1154 1827 1149 1840 1831 1835 11451151 1230 1830 1836 1147 1143 1226 1222 1218 1140 1214 1145 1867 1166 ORCHARD PL HUNTER LNORCHARD CIRSIBLEY MEMORIAL HWY1175 ORCHARD PLACE(Andy & Natalie Hunter)City of Mendota Heights0140 SCALE IN FEETDate: 7/16/2019 GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights. Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation. page 90     Hunter Residence Critical Area Permit application  1175 Orchard Place, Mendota Heights, MN 55118    Letter of intent    The intent of this project is to add a two‐car attached garage with family living space above to the  Northeast end of the current home.  We are also proposing altering the boulder walls and topography  adjacent to the new structure as well (see site plan drawing) to allow stairs to both the front entrance of  the home as well as to the rear yard.  Additionally, the project will potentially be adding a deck/patio and screen porch to the north side of the  home (see site plan).  The deck/patio and screen porch project’s designs have not yet been finalized,  however for this submission we felt it appropriate to include them as possible projects.  We have shown  the existing building footprint, proposed project outlines, property lines and bluff lines on the site plan  to illustrate that all the proposed projects are well within allowable locations on the site.  page 91 page 92 page 93 page 94 page 95 page 96 page 97 page 98 page 99 page 100 July 23, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 2 of 10 B) PLANNING CASE #2019-21 ANDY & NATALIE HUNTER, 1175 ORCHARD PLACE CRITICAL AREA PERMIT Community Development Director Tim Benetti explained that Andy and Natalie Hunter were requesting a Critical Area Permit to construct a 25.5-foot by 30-foot two-car garage addition with upper living space to their existing home. The property is situated in the Mississippi River Corridor Critical Area and Title 12-3-5 of the City Code requires a Critical Area Permit for all development activities requiring a building permit or special zoning approvals. This item was presented under a public hearing, which was duly noticed by mail to all owners within 350-foot of the subject property and was published in the Pioneer Press. No written comments or objections have been received. The subject property is located at 1175 Orchard Place, is approximately 1.55 acres in size, and contains a 3,635 square foot two-story dwelling. The owners plan to construct the new garage/living space addition on the northeast corner of the dwelling. They also plan to install a new patio/deck off the back section of the home, overlooking the bluff area. Mr. Benetti shared an overhead image of the subject property, the proposed site plan, and before and after renderings of the dwelling. He also explained the purpose of the Critical Area Permit, which is to prevent and mitigate irreversible damage in the Mississippi River Corridor Critical Area and to ensure any expansions or accessory structures are built according to the code and the standards under the critical area section of the ordinance. Commissioner Petschel noted that it appeared that there was very little change to the permeable surface. Mr. Benetti confirmed that this was true. Chair Magnuson stated that one of the code provisions says that the expansion or accessory structure shall encroach no closer toward the river than the existing structure. She then asked if a porch was considered a structure. Mr. Benetti replied that it is debatable. He believed that with the existing deck the way it is, the porch would be more of an enclosed deck porch. The change would be negligible comparatively to the wanted expansion. The new porch would cover the existing space and would not expand closer to the critical area. It would actually be smaller. Commissioner Toth, referencing the elevation changes, asked if there were any concerns about additional drainage. Mr. Benetti replied that staff had no concerns. Mr. Kurt Weber, General Contractor and Ms. Natalie Hunter, 1175 Orchard Place were available for questions but had no additional comments to the staff report. Chair Magnuson opened the public hearing. Seeing no one coming forward wishing to speak, Chair Magnuson asked for a motion to close the public hearing. page 101 July 23, 2019 Mendota Heights Planning Commission Meeting – DRAFT Page 3 of 10 COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-21 CRITICAL AREA PERMIT BASED ON THE FOLLOWING FINDINGS OF FACT: 1. The proposed project meets the purpose and intent of the Critical Area Overlay District. 2. The proposed work and disturbance to construct this garage/living space addition is minimal, reasonable and within the spirit and intent of the Critical Area. 3. he proposed garage/living space addition project is in keeping with the character of the area. 4. The expansion and construction of this new garage/living addition will comply with all standards and regulations of the Zoning Ordinance and other applicable ordinances. AND WITH THE FOLLOWING CONDITIONS: 1. 1. A building permit must be approved prior to the commencement of any demolition or construction work. 2. Full erosion and sedimentation measures will be put in place prior to and during grading and construction work activities. 3. All grading and construction activity will 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. All work on site will only be performed between the hours of 7:00 AM and 8:00 PM Monday through Friday; 9:00 AM to 5:00 PM weekends. 5. All disturbed areas in and around the project site shall be restored and have an established and permanent ground cover immediately after the project is completed. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. page 102 page 103 Request for City Council Action MEETING DATE: August 7, 2019 TO: Mayor Garlock and City Council, City Administrator McNeill FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2019-54 approving a Conditional Use Permit & Variance for an Oversized Garage - located at 2319 Swan Drive (Planning Case No. 2019-22) Introduction City Council is asked to consider adopting a resolution approving a conditional use permit and variance to allow an oversized [attached] garage up to 1,601-sf. in size in a residential district. Background Tim & Jessica Carlson, 2319 Swan Drive, are seeking permission to allow an oversized expansion to their existing 551-sf. attached garage. The homeowners essentially submitted a two-part planning application: the first being a CUP only to build up to 1,496-sf. of garage space; and the second a CUP with a variance to exceed the 1,500-sf. maximum allowed under City Code Title 12-1D-3, Subpart C, which allow the total attached garage space to be built up to 1,601-sf. in size. On July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record. Upon closing the hearing and follow-up discussion, the Planning Commission chose to make two (2) separate recommendations on this application item. A copy of the 07/23/2019 Planning Staff Report is appended to this council memo report, along with the minutes form said meeting. Discussion The City can use its legislative and quasi-judicial authority when considering action on certain land use or zoning decisions, such as this conditional use permit and variance, and has broad discretion in considering and approving both applications. A determination regarding whether or not the request meets the applicable code standards is required. Recommendation The Planning Commission provided the following (separate) recommendations for council consideration: i.) Recommended approval of the Conditional Use Permit (by 6-0 vote) allowing a new addition to the exiting attached garage up to 1,496-sf. in total size; and ii.) Recommended approval of a Variance (by 4-2 favorable vote) allowing the Applicants to exceed the 1,500-sf. maximum size allowance for attached garage space under City Code Title 12-1D-3, and permit the new attached garage addition to be built up to 1,601-sf. in total size. page 104 Action Required Make a motion to adopt RESOLUTION NO. 2019-54 APPROVING THE CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AND A VARIANCE TO EXCEED THE MAXIMUM SIZE ALLOWANCE OF 1500-SF. FOR AN ATTACHED GARAGE UP TO 1,601 SQ. FT. IN AREA, FOR THE PROPERTY LOCATED AT 2319 SWAN DRIVE. This action requires a simple majority vote. Should City Council elect to grant the Applicants a conditional use permit only to build up to 1,496-sf. in garage size (not to exceed 1,500-sf.), the council should direct city staff to revise the proposed resolution accordingly, noting the denial of the variance request allowing a larger garage area, with similar language and findings of facts presented in previous resolutions of denial. Final language will be reviewed and approved by the city attorney. page 105 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-54 APPROVING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AND VARIANCE TO EXCEED THE MAXIMUM SIZE ALLOWANCE OF 1500-SF. FOR AN ATTACHED GARAGE IN A RESIDENTIAL DISTRICT PROPERTY LOCATED AT 2319 SWAN DRIVE (PLANNING CASE NO. 2019-22) WHEREAS, Tim and Jessica Carlson (as “Applicants”) applied for a Conditional Use Permit (CUP) along with an optional Variance, as proposed under Planning Case No. 2019-22, for the property located at 2319 Swan Drive (the “Subject Property”), legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, pursuant to City Code Title 12-1D-3, Subpart C., any attached private garage in a residential zone more than one thousand two hundred (1,200) and up to one thousand five hundred (1,500) square feet is allowed via a conditional use permit; and WHEREAS, the Applicants seek permission under a proposed first alternative plan to construct a new addition to their existing dwelling and provide up to 1,496-sq. ft. of expanded garage and storage space to their residence, and WHEREAS, the Applicants presented a second alternative plan to exceed the 1,500 sq. ft. of allowable attached garage space under a standard CUP by 105-sq. ft., for a total of 1,601-sq. ft. of expanded garage and storage space, of which this oversized garage area requires a variance; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted: and page 106 WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and whereupon closing the hearing and follow-up discussion, the Planning Commission chose to make two (2) separate action motions on this application item: i.) Recommended approval of the Conditional Use Permit (by 6-0 vote) to 2319 Swan Drive, allowing a new addition to the exiting attached garage up to 1,496-sf. in total size; and ii.) Recommended approval of a Variance (by 4-2 favorable vote) allowing the Applicants to exceed the 1,500-sf. maximum allowed for attached garage space under a CUP application, and permit the new garage addition to be built up to 1,601- sf. in total size. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the requested Conditional Use Permit with the Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601-sq. ft. of expanded attached garage and storage space to the residence, may be approved based on the following findings of facts and conditions: A. Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.1; residential dwellings are allowed to have one attached private garage up to 1,200 square feet, and for those more than 1,200-sf. but up to 1,500-sf., are only allowed by conditional use permit. B. The Applicant has demonstrated a reasonable need and justification for the oversized garage up to 1,601 sq. ft. in a residential zone, and is supported by the following findings of facts: i. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subject property, will be consistent with and meets City Code standards. ii. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. iii. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. iv. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. page 107 v. 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. vi. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. vii. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. C. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” D. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow the oversized garage to exceed the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i.) The proposed oversized garage is a reasonable request on the subject property, due to the need to provide suitable and additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii.) The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii.) The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. E. 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 108 F. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. G. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. H. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-22, dated and presented July 23, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution No. 2019-54. I. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. 3. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. 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. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit and Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601-sq. ft. of expanded attached garage and storage space on the property located at 2319 Swan Drive, as proposed under Planning Case No. 2019-22, are hereby approved. page 109 Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Neil Garlock, Mayor ATTEST: ________________________________ Lorri Smith, City Clerk page 110 EXHIBIT A PID No. 27-64600-01-030 ADDRESS: 2319 Swan Drive, Mendota Heights, MN 55120 LEGAL: Lot 3, Block 1, Rogers Lakeside East, Dakota County, Minnesota, along with the northerly thirty- feet (30’) of adjacent and vacated Bluebill Drive right-of-way. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 111 Planning Staff Report MEETING DATE: July 23, 2019 TO: Planning Commission FROM: Tim Benetti, Community Development Director SUBJECT: Planning Case 2019-22 CONDITIONAL USE PERMIT and VARIANCE (Optional) for Oversized Garage in the R-1 Zone APPLICANT: Tim & Jessica Carlson PROPERTY ADDRESS: 2319 Swan Drive ZONING/GUIDED: R-1 One-Family Residential/LR Low Density Residential ACTION DEADLINE: August 23, 2019 INTRODUCTION The applicants are seeking a conditional use permit to allow the expansion of their exiting 551 sq. ft., two- car attached garage up to 1,496 sq. ft. in size. The Applicants are also requesting (but not demanding) an optional Variance to extend the southerly garage wall an additional 3.5 feet (for 105-sq. ft. of added garage area), which would make the total garage space up to 1,601 sq. ft. in size. This item is being presented under a duly noticed public hearing process. A notice of hearing on this item was published in the Pioneer Press; and notice letters of this hearing were mailed to all owners within 350- feet of the subject property. SITE DESCRIPTION AND PRESENT USE The subject property is located between Swan Drive and Rogers Lake, and consists of 2.03 total acres, with 1.37 acres considered water or part of Rogers Lake. The remaining “buildable area is approx. 28,900+ sf. The lot is approx. 130-ft. in width along Swan Drive, and over 685-ft. in depth. The survey (image-below) notes the property includes a 30-foot strip along the south area of the parcel, which was part of a 30-foot strip right-of-way vacation of unused Bluebill Drive, approved under Resolution 2018-12 (02/12/2018). page 112 Planning Case 2019-22 (Carlson) Page 2 of 10 The dwelling is a one story rambler, with 2,308 finished square footage, with an attached 551-sq. ft. attached (side-loading) garage. This dwelling was built in 1973, and constructed without a basement. The survey also shows a 12’ x 30’ shed along the south side of the home, which will be removed. The current dwelling and hard surface areas equals approx. 4,615 sf. in area, or 16% of the net lot area. PICTOMETRY/AERAIL IMAGE Google Street Image The current driveway to the home/garage comes directly off Swan Drive, and elbows or turns southward into the side-loading attached garage. All properties adjacent to the site and this neighborhood consist of varying styles of single-family homes. The lots in this neighborhood are relatively similar in shape (and platting), except this lot and the property to the south are a bit larger (wider) due to the 30-foot strip of ROW lands added to both parcels. With this added land, the Applicants are able to accommodate the large addition proposed under this CUP application. PROJECT DESCRIPTION The Applicants are proposing a large 36’ x 60’ + interior living and garage addition on the south side of the home; a small deck addition off the back side, and a small 12’ x 15’ add ition near the northwest corner, along with some additional concrete patio space. The Applicants intend to keep the current 551 sq. ft. attached garage space, and expand the garage directly behind (south) with 945-sf. of added garage space, or a total of 1,496 sq. ft. of area (see partial site plan image – below): page 113 Planning Case 2019-22 (Carlson) Page 3 of 10 The new garage expansion, living space, deck and patio additions will increase the hard-surface calculation to approx. 28.7% of the net area of the lot. The new additions off the back of the home are at least 100-feet or more from the established edge of Rogers Lake, therefore no Wetland Permit was needed. The new garage addition will have two new overhead doors on the structure, with one 12-foot overhead door facing out towards Swan Drive; and another smaller 8-foot wide door off the back (south) side. The existing 16-ft. wide overhead door on the front (north) side will remain, and will continue to be used as the main entry for the homeowner’s personal (main) vehicles. City Code limits the total lineal (measured width) of garage doors not to exceed 36-feet total, and the Applicants comply with this standard. The 8-foot garage door off the back (south) side will simply open to the side/back yard area, and will be used mainly for moving lawn mowing equipment in and out of the garage space. In the interest of preserving and protecting the water quality living next to Rogers Lake, the homeowner is offering to install permeable pavers for the driveway leading from the easterly 12-ft. wide doorway, instead of a true hard-surfaced driveway. The homeowner intends to use this garage bay/opening sparingly, and wishes to minimize any additional hard-surface appearance and reduce as much stormwater run-off in the front yard. The expanded garage will exceed the 1,200-sf. maximum allowed for attached garage structures, but City Code allows attached garages up to 1,500-sq. ft. with approval of a conditional use permit (CUP). As indicated earlier, the Applicants are seeking (but not demanding) an “Optional Variance” to exceed the 1,500 sq. ft. allowance under the CUP process, by asking for an additional 105-sf. of garage space, or up to 1,601-sf. of garage. This added space would add another 3.5 foot of depth to the south side of the garage. All of this new garage addition (either 1,496-sf. vs. 1,601-sf.) is to accommodate the homeowners need for additional storage space, including personal homewares and goods, and typical lawn/property equipment. The Applicants do not have any basement for their growing storage needs; and due to a high water table in this area, a basement was deemed unfeasible. ANALYSIS  Conditional Use Permit This new garage requires a conditional use permit to exceed the maximum allowed size of an attached garage in the R-1 District. Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.1; residential dwellings are allowed to have one attached private garage up to 1,200 square feet, and for those more than 1,200-sf. but up to 1,500-sf., are only allowed by conditional use permit. 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: page 114 Planning Case 2019-22 (Carlson) Page 4 of 10  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. The new garage proposed by the Applicant appears to be a nice design, and should easily accommodate the needs of parking personal vehicles, and provide much more usable storage for personal household items and yard maintenance equipment. All setbacks will be met under this plan. A minimal number (two) trees to be removed as part of this addition. City staff believes the new, larger garage will not be detrimental to the health, safety or general welfare of the neighborhood or the community; or cause any serious traffic congestion, hazards; or seriously depreciate surrounding property values. 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; and the CUP as presented herein is easily supported and can be approved.  Variance The Applicants are also seeking an “optional” variance to increase the proposed oversized garage, from 1,496 sf. to an additional 1,601-sf. in area. The proposal is to add 3.5-feet to the south (back) side of the garage expansion (see image – below). The Applicants indicated they are seeking this added area, due to their need for added storage space, since they are without a typical basement for such storage; and their architects recommends the added space “….more effectively maximizes efficiency of the layout and is more visually appealing from the street….” When reviewing the two elevation plans (without the 3.5-ft. vs. with), the visual impacts appear to be minimal. City Code Section 12-1L-5 governs variance requests. The Planning Commission must consider a number of variables when recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties; and (ii) impact to the community. page 115 Planning Case 2019-22 (Carlson) Page 5 of 10 The “practical difficulties” test contains three parts: (i) the property owner proposes to use the proper ty in a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner is due to circumstances unique to the property, not created by the property owner; and (iii) the variance will not alter the essential character of the neighborhood. Also, economic considerations alone do not constitute practical difficulties. Section 12-1L-5(E)(1) further references other variables the City can consider when granting or denying a variance, noted as follows:  Effect of variance upon health, safety, and welfare of the community.  Existing and anticipated traffic conditions.  Effect on light and air, as well as the danger of fire and the risk to public safety.  Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan.  Granting of the variance is not a convenience to the applicant, but necessary to alleviate a practical difficulty. When considering a variance request, the Planning Commission must determine if these standards have been met in granting a variance, either partially or whole, and provide findings of facts to support such a recommendation to the City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has not fully demonstrated a reasonableness in the granting of such variance, then findings of fact supporting a recommendation of denial must be determined. As part of any variance request, Applicants are required to prepare and submit their own responses and findings, which for this case, are noted below (in italic text): 1. The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance. Applicant’s Response: The difficulty is that our home does not have a basement or any storage space. As we are a growing family, it is now impossible to store all of our belongings within the current structure. This expanded garage space will allow us to gain a reasonably sized interior space area, in addition to storing all outdoor equipment, tools and supplies currently stored in the existing shed. Staff’s Response: The visual impacts or effect of the added 3.5 feet off the back-side of the expanded garage area appears minimal. The city however, must determine if the requested variance to allow a 105-sf. increase over the 1,500-sf. allowed maximum garage area (with the CUP) is supported by the need(s) expressed by the Applicant, and a determination must be made that this increase is minimal enough and reasonable under this application to grant such a variance. 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner. Applicant’s Response: The availability of land to the south of the existing structure allows us to accommodate our need for expansion. The garage expansion size that requires this variance is only 101 s.f. larger than what is permissible by code within a conditional use permit. . Staff’s Response: Pursuant to City Code Section 12-1E-1: Minimum Requirements for Single-Family Residential Districts: “All single-family dwellings shall have a basement or an exposed basement under at least 50% of the first floor level.” The subject property was built in 1973 as a slab-on-grade rambler, with no basement or other sub-floor area. The City later adopted Ordinance No. 198 in January 1983, which included the 50% basement standard for single-family dwellings. It also appears the home to the south at 2335 Swan Drive was also built without a basement, but other homes in this neighborhood may have basements or sub-floors (per review of Dakota County Assessor property records). The city must determine if the requested variance to allow the increased garage area and the reasons stated for the added storage space, is “unique” enough to support such approval. The city may also make a determination that because this residential home does not have a basement, it lends credence to page 116 Planning Case 2019-22 (Carlson) Page 6 of 10 the Applicant’s case of having somewhat of unique circumstances, which may help justify the granting of this variance. 3. The variance will not alter the essential character of the neighborhood; and economic considerations alone do not constitute practical difficulties. Applicant’s Response: Our architect, contractor, and we feel like this expansion of the garage will be more visually appealing from the street, than if the garage were to be cut approximately 3 feet shorter (to get to 1,500 s.f.) and left with a more chopped-up looking structure. I have provided renderings of each model showing the different views. Because the living space expansion to the west of the garage is slightly deeper already, and the extra 101 s.f. of garage aligns better just to the north of the edge of the living space expansion, we do not feel going 101 s.f. over the allowed amount reasonably affects at all the character of the home or neighborhood. Staff’s Response: The existing neighborhood is all residential in character. With the additional 30-ft. strip of land from vacated Bluebill Drive ROW, the Applicants have secured the necessary space to accommodate this addition, without any setback variances. Staff does not believe the addition to the home, both the oversized garage and living space, would alter the essential character of the neighborhood. ALTERNATIVES for ACTION Following the public hearing and discussion, the Planning Commission may consider one of the following alternatives for action: 1. Recommend approval of a conditional use permit only for an oversized garage up to 1,496 sf., based on the certain findings of fact and related conditions of approval; or 2. Recommend approval of a conditional use permit for an oversized garage, along with a variance to exceed the 1,500 sq. ft. maximum allowed under the CUP process, which would allow for the construction of a 1,601-sq. ft. oversized garage, based on the certain findings of fact and related conditions of approval; or 3. Recommend denial of the conditional use permit and variance, either whole or separately based on findings of facts; or 4. 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 Staff recommends approval of Alternative No. 1: Planning Commission hereby recommends approval of the conditional use permit to allow the new attached oversized garage up to 1,496 sq. ft. as presented herein, subject to the following findings of facts and conditions: A. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subject property, will be consistent with and meet City Code standards. B. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. page 117 Planning Case 2019-22 (Carlson) Page 7 of 10 C. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. D. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. E. 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. F. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. G. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. The conditions of approval for the conditional use permit to allow the new attached oversized garage up to 1,496 sq. ft. are as follows: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. 3. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. 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. Should the Commission elect to move approval (or denial) under Alternative No. 2 or 3, the CUP with a variance to allow a larger attached garage structure, staff would suggest a motion with one of the following action statements: Planning Commission hereby recommends approval of the conditional use permit with a variance to allow the proposed attached oversized garage not to exceed 1,601 sq. f.t in area, based on the following findings of fact that support the granting of the conditional use permit and variance requested herein, noted as follows: A. Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.1; residential dwellings are allowed to have one attached private garage up to 1,200 square feet, and for those more than 1,200- sf. but up to 1,500-sf., are only allowed by conditional use permit. B. The Applicant has demonstrated a reasonable need and justification for the oversized garage up to 1,601 sq. ft. in a residential zone, and is supported by the following findings of facts: i. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subject property, will be consistent with and meets City Code standards. page 118 Planning Case 2019-22 (Carlson) Page 8 of 10 ii. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. iii. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. iv. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. v. 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. vi. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. vii. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan’s goals for residential land uses. C. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” D. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a Variance to allow the oversized garage to exceed the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i.) The proposed oversized garage is a reasonable request on the subject property, due to the need to provide suitable and additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii.) The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii.) The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. E. 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 119 Planning Case 2019-22 (Carlson) Page 9 of 10 F. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. G. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. H. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019- 22, dated and presented July 23, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019-____. I. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. 3. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. 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. Planning Commission hereby recommends denial of the variance to allow the proposed oversized garage up to 1,601 sq. ft. in area, which exceeds the maximum 1,500 sq. ft. allowed under a conditional use permit, based on the findings of fact that confirm the Applicant failed to meet the burden(s) of proof or standards in granting of the variance requested herein, noted as follows: A. Under Title 12-1L-5A of the City Code, the City may only grant variances from the strict application of the provisions of the Code in cases where there are “practical difficulties” in carrying out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three -part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute “practical difficulties.” B. The City hereby determines the Applicant has not met the burden of demonstrating the requisite “practical difficulties” in order to justify the granting of a variance for an increased garage structure beyond the 1,500 sq. ft. as allowed under City Code Title 12-1D-3. The proposed 1,601 sq. ft. oversized garage is not essential to the overall enjoyment and continued use of the property; and is therefore not considered a reasonable use of the property. page 120 Planning Case 2019-22 (Carlson) Page 10 of 10 C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is not met by the Applicant, the City need not consider the remaining two prongs of the test (unique circumstances of the property and essential character of the neighborhood). ATTACHMENTS 1. Location/Aerial site map 2. Survey/Site Plans 3. Garage Elevation Plans page 121 page 122 page 123 2019-22 Tim Carlson 2319 Swan Drive page 124 page 125 page 126 Greatest Compressive Strength in the Industry! Permeable Pavers EZ Roll™ Grass Paver EZ Roll™ Gravel Paver Tufftrack™ Grass Paver High performance alternative to traditional paving MADE INUSAndspro.com page 127 Visit ndspro.com/permeable-pavers2 Benefits Stormwater Management. A sustainable solution that reduces impervious area, volume of runoff, and size of downstream BMPs. High Structural Strength. Offering a high load bearing capacity, NDS Permeable Pavers feature hexagonal cells that connect to form a flexible grid capable of handling significant structural loads. Enhanced Aesthetics. Grass or gravel surfaces blend with surrounding natural surface. Easy Installation. EZ Roll™ Products come in large rolls that are easily placed and clipped together. Tuffttrack™ features an integrated easy assemble clip that greatly reduces installation time. Environmentally Friendly. NDS permeable pavers can help contribute to LEED credits and are made of recycled plastic. What are Permeable Pavers? NDS Permeable Pavers provide a high-performing alternative to traditional paving methods. Creating a strong and durable grass or gravel surface that can support heavy vehicles, they maintain permeable surface areas, eliminating or reducing stormwater runoff. page 128 2319 SWAN DRIVE04/04/2017page 129 page 130 page 131 page 132 page 133 page 134 page 135 page 136 PROJECT NUMBER DRAWN BY CHECKED BY ORIGINAL ISSUE: REVISIONS: KEY PLANN OT FOR CONSTRUCTION6/21/2019 12:47:14 PMA0.1 PERSPECTIVES 2019.01 AC AC CARLSON HOME ADDITON CARLSON HOME ADDITON 2319 SWAN DRIVE MENDOTA HEIGHTS, MN CITY SET JUNE 20TH, 2019 A0.1 1 VIEW OF NEW GARAGE / LIVING ROOM ADDITION A0.1 2 VIEW FROM FRONT ENTRY A0.1 3 VIEW FROM BACK YARD PERSPECTIVES SHOWN FOR REFERENCE ONL, REFER TO PLANS AND ELEVATIONS FOR MORE INFORAMTION No. Description Date page 137 page 139 C) PLANNING CASE #2019-22 TIM&JESSICA CARLSON,2319 SWAN DRIVE CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that Tim and Jessica Carlson were requesting a Conditional Use Permit to allow an oversize attached garage structure, with consideration of a Variance to allow the structure to exceed the square footage requirement permitted under a Conditional Use Permit. The applicants are asking for the Conditional Use Permit to expand their existing 551 square foot two-car attached garage to 1,496 square feet (an addition of 945 square feet). They were also requesting an optional Variance to extend the southerly garage wall an additional 3.5 feet (105 square feet), making the total garage space up to 1,601 square feet in size. This item was presented under a duly noticed public hearing with notice letters being mailed to all owners within 350-feet of the subject property and posted in the Pioneer Press. One letter of support was received by staff and one phone call also expressing support,both of which have been made a part of the public record. Chair Magnuson also noted that the Commission received three emails, which are also part of the public record. Mr. Benetti shared an image of the subject property, which is approximately 2.03 acres in size, with 1.37 acres considered part of Rogers Lake. There is an existing one story rambler dwelling on the site,with 2,308 of finished square footage. There is also an existing 12-foot by 30-foot shed, which will be removed. The plan calls for some major renovations inside and outside of the house with 36-foot by 60-foot living space and garage addition, a small 12-foot by 15-foot addition on the back corner, and a new deck off of the back. The applicant desires that a new garage door be placed on the east side, facing out towards Swan Drive. He does not want to put in a hard surface driveway; however, he does want to use this for some type of minimal access for larger vehicles. He is proposing to install a Tuff trackTM or a permeable driveway surface to help minimize any rutting or wheel digging into the grass. The existing garage door would serve as the primary vehicle loading area. Mr. Benetti also shared renderings of what the home would look like with the expanded garage, with and without the optional variance. Mr. Benetti reviewed the standards and principles to be considered when reviewing a Conditional Use Permit request, and the variables to be considered when reviewing a Variance request, and explained how this application meets or fits those standards,principles, or variables. Commissioner Mazzitello, referencing two overhead doors on the garage, one on the east side and one on the south, asked if both would have access to Swan Drive. The reply was that the new permeable driveway would link into the existing driveway accessing Swan Drive. They would not need a new curb-cut for a second access point to Swan Drive; therefore, they would not need a driveway permit. July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 4 of 10 page 140 Mr. Tim Carlson, 2319 Swan Drive, stated that he and his wife have been residents for approximately 10 years; the first seven with just the two of them and now with two children. He has worked with staff and believes he has come up with a good plan for expanding the living space and creating a place for storage as his home does not have a basement. Commissioner Corbett asked if there were any attempts to work within the confines of the ordinance and the permitted allowances. Mr. Carlson replied in the affirmative; however, when trying to fit within the 1,200 square foot limitation it really wasn't reasonable. Also, given the amount of living space they are trying to add on—the home looked really chopped up and messed with the roof line. Chair Magnuson noted that when considering a variance, they are limited by certain criteria that are contained in the ordinance. One of those criteria is that there has to be practical difficulty in complying with the ordinance that is unique to the property and not the fault of the landowner. She sees the reason for the preference; however,what would he think the practical difficulty would be. Mr. Carlson replied that the gain of 100 square feet— even with that 100 square feet he believes it would be difficult to store everything in that space. He looked at adding a basement but that is not feasible because of the water table. As he explained in his letter of intent, he believed this created a practical difficulty. Commissioner Petschel asked if the additional space in the garage was just required for storage. Mr. Carlson replied that it would have everything that is currently in the shed. Commissioner Petschel then asked Mr. Benetti if they enclosed it and technically made it a room, would it still be considered a garage. Mr. Benetti replied `probably not'; however, with the overhead door it would be considered a garage. Commissioner Petschel clarified his question by asking if this request was for an additional living space, would the even need the variance. Again, Mr. Benetti replied with `probably not'. Chair Magnuson stated that they would need to be careful about whether it is an expansion of the home, meaning they would probably want access from the house. Commissioner Corbett asked if they considered going up. Mr. Carlson replied that they did—they tried several different plans over the last 14 months; one of which was going up and another of going up and out. The results were that they were cost prohibitive to their budget. Chair Magnuson opened the public hearing. Mr. Pat Hickey, 2303 Swan Drive, was the one who sent all of the emails. He supports this application. Mr. Carlson is a good neighbor and this would be a nice addition to the neighborhood. Mr. Jack Koegel, 2301 Swan Drive, also expressed his support of this application. Mr. Carlson is a great neighbor and takes very good care of his property and the lake. Mr. Robin Statz, Next Door Remodels, is Mr. and Mrs. Carlson's contractor. In response to the `practical difficulty' test, he wanted to ensure that the Commission understood that this is a slab- on-grade house and that even though there is a crawl space that would be the practical difficulty. This speaks to the specific need around storage. July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 5 of 10 page 141 Chair Magnuson asked for an explanation of the water table issue. Mr. Statz replied that Mr. Carlson did have a geo-tech come out and actually drill. They determined that the water table was just too high for a full basement—which they had considered putting underneath the new addition. Commissioner Corbett asked why was the square footage of the garage versus the home square footage decided upon the way it was. It could have been designed in such a way that they would not need any of this. Mr. Statz replied they he came in after most of the architectural plans were done. They could potentially do some type of closet off of the addition of the home; however, it would have to be fully insulated. Mr. Carlson replied that the way the home is current set-up, it is one open living space with a bedroom wing. The proposed living space addition will suit their needs for an additional area for the children to spread their wings, etc. They have dedicated storage space in the living space and that is why they plan to put all of the outside type storage in the garage. Also,he was unsure if the current HVAC system would have allowed the additional garage space to actually be made into a part of the living space. Chair Magnuson asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER MAZZITELLO, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson requested that the Commission consider the Conditional Use Permit request separate from the Variance request. COMMISSIONER MAZZITELLO MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO RECOMMEND APPROVAL OF PLANNING CASE 2019-22 CONDITIONAL USE PERMIT, IDENTIFIED AS ALTERNATIVE 91 IN THE STAFF REPORT, BASED ON THE FOLLOWING FINDINGS OF FACT: A. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subject property, will be consistent with and meet City Code standards. B. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. C. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. D. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. E. 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. July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 6 of 10 page 142 F. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. G. 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. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. 3. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. 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. AYES: 6 NAYS: 0 ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. COMMISSIONER PETSCHEL, SECONDED BY COMMISSIONER TOTH, MOVED TO RECOMMEND APPROVAL OF PLANNING CASE 2019-22 VARIANCE, BASED ON THE FOLLOWING FINDINGS OF FACT: A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are "practical difficulties" in carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists of a three-part test: (i)the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii)the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute "practical difficulties." B. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a Variance to allow the oversized garage to exceed the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i. The proposed oversized garage is a reasonable request on the subject property, due to the need to provide suitable and additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii. The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 7 of 10 page 143 larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii. The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. 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. D. The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. E. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. F. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-22, dated and presented July 23,2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into Resolution No. 2019- G. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Discussion Commissioner Petschel stated that he found the argument with respect to a slab-on-grade and the inability to go down convincing. In so much that they have used criteria such as where a building sits on a lot as a condition outside of the applicant's control. The fact that they cannot go down at all does seem outside of their control. Given that the design has a continuous roof and going up would have created an unsightly sight line, he did not consider that a reasonable option. He was also open to the idea of then not even needing this and treating a de-facto closet as an extension of the house. Commissioner Toth agreed with Commissioner Petschel's comments. He met with the applicant late last week;walked his lot;was provided information regarding slab-on-grade,no basement,the geo evaluations of the water table; etc. Looking at the plans with the roof line an all, it warrants the additional 105 square feet he is requesting. Commissioner Mazzitello commented that he is wrestling with this. He knew Mr. Carlson when he was on staff with the city, he's worked with him on the Homeowners Association, the water July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 8 of 10 page 144 quality of Rogers Lake; he is a fantastic resident, fantastic neighbor. He understood why he was asking for what he was asking for. However, the floor plan in the packet is showing 1,496 square feet. Adding an additional 3.5 feet adds 105 square feet. If the interior wall was moved over three feet 3 inches, they would not be having a Variance discussion. From what he can see, this interior wall is not load bearing. So while it is definitely reasonable and definitely in character with the neighborhood, and there is a unique circumstance of the property because the groundwater table; however, he is wrestling with the `unique situation not made by the owner' aspect of the `practical difficulty' test. Given the testimony heard from the City Attorney not too long ago regarding the handling of Variances, he would be inclined to cautiously recommend approval with the statement that the practical difficulty may be weak, but there. After some discussion, Commissioner Mazzitello realized that the fact that the code requires a basement, and due to the high water table the applicant cannot put in a basement, this would strength to the practical difficulty test. Chair Magnuson stated that she too was wresting with the practical difficulty test. She understood about the water table issue; however, the house was built in 1973 and the applicants have lived there for 10 years; they purchased the property without a basement and there are certain consequences that stem from that. She sees the argument but does not necessarily buy it. Also, Variances have to stand on their own; not based on what has been done in the past or what would be done in the future. The Commission also has to be conscience of the fact that they cannot grant Variances simply because it is the personal preference of the homeowner to have a larger space, whether it is needed or not. Without more evidence of a practical difficulty unique to the property, she could not support the Variance. AYES: 4 (MAZZITELLO, TOTH, KATZ, PETSCHEL) NAYS: 2 (CORBETT, MAGNUSON) ABSENT: 1 (NOONAN) Chair Magnuson advised the City Council would consider this application at its August 7, 2019 meeting. July 23, 2019 Mendota Heights Planning Commission Meeting—DRAFT Page 9 of 10 page 145 1101 Victoria Curve I Mendota Heil 9C. 651.452.1850 phone 1 651.45 www.mendota-heights.cnm CITY OF MENOOTA HEIGHTS REQUEST FOR COUNCIL ACTION DATE: August 7, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2019-57 Accept Bids and Award Contract for the Wesley Neighborhood Improvements COMMENT: INTRODUCTION The Council is asked to approve Resolution 2019-57 accepting bids and awarding a contract for the Wesley Neighborhood Improvement Project. BACKGROUND Council ordered the Wesley Neighborhood Improvements at their February 7, 2018 meeting, and directed staff to prepare plans and specifications for this street reconstruction project. The plans were approved and authorized to bid at the June 5, 2018 meeting. DISCUSSION Two bids (see below)were received and opened on Wednesday, July 31, 2019, at 10:00 a.m. for the Wesley Neighborhood Improvements. NAME OF BIDDER AMOUNT OF BID Bituminous Roadways, Inc. $1,399,999.41 T.A. Schifsky & Sons, Inc. $1,496,054.90 Bituminous Roadways, Inc. submitted the lowest responsible bid of$1,399,999.41. Their bid was more than the Engineer's Estimate of$1,158,239.50. Staff recommends them for this contract. The difference in the estimate versus the submitted bid, continues to be attributed mostly to curb replacement,pipe work, and bituminous. City consultant, TKDA, talked to a number of contractors regarding workloads in 2020. Delaying the project is difficult to determine if the city would receive more favorable bids. One possible contract reduction relates to the construction of rain gardens. The low bidder proposed to construct them for $100,350. Other rain gardens are proposed to be constructed elsewhere in the City next spring, and it is probable that there would be better efficiencies and an overall savings if the rain gardens in this contract are eliminated by a change order after t�IP 146 contract is awarded, and added to that future project. The substantial completion date for the project is November 2, 2018. We expect Bituminous Roadways, Inc., serving in the capacity of General Contractor, is capable of meeting the completion dates and installing the proposed improvements in accordance with the plans and specifications given their experience and the amount of equipment and manpower they have at their disposal. Bituminous Roadways, Inc. is a contractor with many years of experience with an office in Mendota Heights, Minnesota Staff will mail out a general notice to the residents about the project if Council awards the contract, including information regarding the construction schedule. . BUDGET IMPACT The Wesley Neighborhood Improvements are proposed to be financed by Special Assessments, Municipal Bonds, Municipal State Aid, and Utility Funds. The total cost for the Wesley Neighborhood Improvements is $1,399,999.41, not including indirect costs for legal, engineering, administration, and finance. RECOMMENDATION Staff recommends that the Council accept the bids and award the construction contract to Bituminous Roadways, Inc. for their bid in the amount of$1,399,999.41. ACTION REQUIRED If City Council wishes to implement the staff recommendation,pass a motion adopting A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS. This action requires a simple majority vote. page 147 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,MINNESOTA RESOLUTION 2019-57 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS WHEREAS,pursuant to an advertisement for bids for the proposed construction of bituminous pavement reclamation, aggregate base, concrete curb and gutter, concrete curb and gutter repair, catch basin repair,bituminous surfacing, storm sewer, and appurtenant work of rehabilitating Wesley Lane, Wesley Court, Spring Creek Circle, Mager Court, and South Lane including trail Improvements on Dodd Road,bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID Bituminous Roadways, Inc. $1,399,999.41 T.A. Schifsky& Sons, Inc. $1,496,054.90 and WHEREAS,the Public Works Director recommended that the lowest responsible bid submitted by Bituminous Roadways, Inc. of Mendota Heights, Minnesota,be accepted. NOW THEREFORE BE IT RESOLVED,by the Mendota Heights City Council as follows: 1. That the bids for the Wesley Neighborhood Improvement project are hereby received and accepted. 2. That the bid of Bituminous Roadways, Inc. of Mendota Heights, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to Bituminous Roadways, Inc. of Mendota Heights, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this seventh day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Lorri Smith, City Clerk Neil Garlock,Mayor page 148 444 Cedar Street,Suite 1500 Saint Paul,MH 55101 651.292.4400 tkda.com �I July 31, 2019 Honorable Mayor and City Council City of Mendota Heights, Minnesota 1101 Victoria Curve Mendota Heights, MN 55118 Re: 2019 Street Improvement Project City of Mendota Heights, Minnesota City Project No. 201803 TKDA Project No. 16948.000 Dear Mayor and City Council: On July 31, 2019, two bids for the referenced project were received. The lowest bid was submitted by Bituminous Roadways, Inc. Listed below is a summary of the bids received, and a complete Tabulation of Bids is enclosed for your information. Contractor Base Bid Bituminous Roadways, Inc. $1,399,999.41 T.A. Schifsky & Sons, Inc. $1,496,054.90 Engineer's Estimate $1,158,239.50 The low bid was 20% over the engineers estimate. Below is a breakdown of the bid by component. Eng. Bid Difference % Source of Difference Estimate Amount Difference Dodd Road Tra1 F$448,923 $508,624 + $59,701 + 13% Bituminous, Storm Sewer, Tree Clearing Wesley $699 951 $880 325 + $180,374 + 25% Bituminous, Curb and Neighborhood Gutter, rain gardens Hydrant $9,365 $11,050 + $1,685 + 18% One Hydrant and Gate Replacement Valve Total $1,158,239 $1,399,999 + $241,760 + 20% Many of the unit prices for the project were close to the Engineer's Estimate or slightly over and these slight increases added up. A few individual items showed a large increase in pricing. The most notable is the rain garden construction. The square yard price quoted was 3 times higher than expected and this resulted in a $70,000 increase for that Ione bid item. An option could be to delete the rain garden portion of the work and build the rain gardens at a later date using other forces. If the rain garden work were eliminated, the overall difference in the pricing is 15% over the engineers estimate. Considering the second bid was close in pricing to the low bid, I believe these An emptouee owned company promoting affirmative action and equal opportunity page 149 2019 Street Improvements July 31, 2019 Page 2 bids reflect the current market conditions for the project. Based on discussions with contractors, they expect a strong backload of work in 2020 and they are projecting overall pricing of materials to increase. Therefore it is difficult to determine whether more favorable pricing would be achieved in the Spring of 2020. Action Requested 1. Receive all bids submitted. 2. Award the contract for the 2019 Street Improvement Project to the lowest responsible bidder, Bituminous Roadways, Inc., for the Base Bid of$1,399,999.41. Please do not hesitate to call me with any questions or comments you may have. Sincerely, Z Ll��— Larry Poppler, PE Project Manager LPP:ksb Enclosure 71 Page 1 page 150 TABULATION OF BIDS 2019 STREET IMPROVEMENT MENDOTA HEIGHTS,MINNESOTA4J9 CITY PROJECT NO.201803 TKDA PROJECT NO.16948,000 YKDA ENGINEER'S ESTIMATE BITUMINOUS ROADWAYS,INC, T.A.SCHIFSKY&SONS,INC. ITEOM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE TOTAL AMOUNT UNIT PRICE TOTAL AMOUNT 1 MOBILIZATION 1 LS $ 45,ODO.00 $ 45,000.00 $ 54,000.00 $ 54,000,00 $ 70,COD.OD 8 70,090.00 2 CLEARING 31 TREE $ 400.00 S 12,400.00 $ 606.00 $ 18,786.00 $ 700.00 S 21,700.00 3 GRUBBING 31 TREE 5 400.00 $ 12,400.00 $ 400,00 $ 12,400.00 $ 700.00 6 21,700.00 4 SALVAGE CASTING 28 EA $ 300.00 $ 8,400.00 $ 113.00 $ 3,164.00 $ 500.00 $ 14,000.00 5 SALVAGE SIGN 10 EA $ 65.00 $ 550.00 $ 61.50 $ 615,00 $ 100.00 8 1,000.00 6 REMOVE DRAINAGE STRUCTURE 7 EA $ 600.00 $ 4,200.DU $ 550.00 $ 3,920-00 $ 850.00 $ 5,950.00 7 REMOVE CONCRETE GUTTER 147 LF $ 8,00 $ 1,176.00 $ 16.00 $ 2,352.00 $ 15.00 $ 2,205.00 8 SAWING SIT PAVEMENT(FULL DEPTH) 1,765 LF 5 1.90 $ 3,353,50 $ 3.00 $ 5,295,00 $ 2.00 $ 3,539.00 9 SAWING CONCRETE PAVEMENT(FULL DEPTH) 640 LF 5 3.90 $ 2,495.00 $ 4,50 $ 2,880.00 $ 4.00 S 2,560.00 10 REMOVE CONCRETE CURB 2,440 LF $ 8.00 $ 19,520.00 $ 13.00 $ 31,720.00 $ 1060 $ 24,400,00 11 REMOVE SEWER PIPE(STORM) 142 LF $ 45.00 $ 6,390.00 $ 18.00 $ 2,556,00 $ 20.00 8 2,040.00 12 REMOVE BITUMINOUS DR€VEWAY PAVEMENT 539 SY 5 15.00 $ 8,085.00 $ 8.50 $ 4,581.60 $ 12.00 $ 5,468.00 13 REMOVE CONCRETE DRIVEWAY PAVEMENT 756 SY $ 25,00 $ 18,900.00 $ 21.OD $ 15,876.00 $ 15.00 $ 11,340.00 14 REMOVE RIPRAP 111 CY $ 47.00 $ 5,217.00 $ $5.00 $ 3,885.00 S 25.00 S 2,775.09 15 SALVAGE BRICK PAVERS 142 SF $ 10.00 $ 1,420.00 $ 9.00 $ 1,278,00 $ 10.00 $ 1,420.00 16 DEWATERING 1 LS $ 8,000.00 $ 8,000.00 $ 0.01 $ 0,01 $ 460066 $ 4,00060 17 COMMON BORROW(CV) 1,749 CY 5 30.00 $ 52,470.00 $ 25.00 $ 43,72&00 $ 28.00 $ 48,972.00 10 COMMON EXCAVATION 2,440 CY $ 19.00 $ 46,33D.D0 $ 23.00 $ 56,120.00 $ 30.00 $ 73,200.00 19 GRANULAR BORROW(CV) 141 CY $ 25.00 $ 3,525.00 $ 26.DD $ 3,666.00 $ 28.00 $ 3,948.00 20 SUBGRADE EXCAVATION 422 CY $ 30.00 $ 12,650.00 $ 24.00 $ 10,128,00 $ 2860 S 11,816.00 21 SALV MILL B€T&ASG FROM STOCKPILE(SV) 2,803 CY $ 12.00 $ 33,636.00 $ 18.00 $ 50,454.00 $ 20.00 $ 55,060.00 22 CRUSHED ROCK 1,938 TN $ 30.00 $ 58,140,00 $ 25.85 $ 50,097.30 $ 30.00 5 56,140.00 23 TEST ROLLING 31 STA $ 150.00 $ 4,650.00 $ 37.00 $ 1,14Z00 $ 00.00 § 2,48060 24 SLEGRA0E PREPARATION 31 STA $ 250.00 $ 7,750.00 $ 580.00 $ 17,960.00 $ 550.60 $ 17,05060 25 STREET SWEEPER(WITH PICKUP BROOM) 10 HR $ 200.00 $ 2,000.00 $ 1B5.00 $ tmo'oD $ 150,010 $ 1,500.00 26 1.6 CU YD BACKHOE 5 HR $ 200.90 $ 1,000.00 $ 185.00 $ 925.00 $ 175.00 $ 87560 27 WATER 50 MGAL $ 20.00 $ 1,000.00 $ 140.00 $ 7,000.00 $ 3C.CD $ 1,500.00 20 STOCKPILE AGGREGATE(CV) 2,553 CY $ 6.00 $ 15,318.00 $ 1B.DD $ 45,954.00 $ 15.00 $ 38,295.00 29 AGGREGATE DASE(CV)CLASS 6 717 TN $ 40.00 S 28,580.00 $ 16.00 $ 11,472.00 $ 25.00 $ 17,925.00 30 FULL DEPTH RECLAMATION 11,487 SY $ 3.00 $ 34,461,00 $ 5,0D $ 57,435.00 $ 4.56 $ 51,691.50 31 DRILL&GROUT RFINF BAR(EPDXY COATED) 36 EA $ 18.00 $ 648.00 $ 25.00 $ 900.00 $ 50.00 $ 1,800.00 32 TYPE SP 9.5 WEARING COURSE MIXTURE(2,B) 166 TN $ 70.00 $ 11,520.00 $ i05.00 $ 17,430.00 $ 950,00 $ 24.90060 33 TYPE SP 9.5 WEARING COURSE MIXTURE(2,C) 1,292 TN $ 70.00 $ 90,440.00 $ 82.0D $ 105,944.00 $ 87.00 $ 112,404.00 34 TYPE SP 12.5 NON WEARING COURSE MIXTURE(2,B) 1,292 TN $ 70.00 $ 90,440.00 $ 66.00 § 85,272,00 $ $7.00 $ 112,404.00 35 TYPE SP 12.5 NON WEARING COURSE MIXTURE(3,B) 47 TN S 70.00 S 3,29O.D0 $ 195m $ 9,165.00 $ 150.00 $ 7,050.00 36 TYPE SP 12.5 WEARING COURSE MIXTURE(3,C) 93 TN $ 7D.0D $ 6,510.D0 $ 195.OD $ 18,136.00 $ 150.00 $ 13,950.00 37 15"RC PIPE APRON 1 EA $ 850.90 S BSO.OD $ 2,300.99 $ 2,300.00 $ 1,500.00 $ 1,500.00 3B 27"RC PIPE AARON 16 FA S 1,200.00 S 1,200.OD $ 4,300.90 S 4,300.00 $ 4,500.00 $ 4,590.00 39 4"PVC PIPE DRAIN 10 LF S 15,00 $ 150.00 $ 44.OD $ 440.00 5 25.00 $ 250.00 40 12"RC PIPE SEWER DES 3006 CL V 81 LF $ 65.00 8 5,285 DO $ 67.00 $ 5,427.00 $ 66.00 $ 5,346.00- 41 15"RC PIPE SEWER DES 3006 CL V 478 LF $ 70.00 $ 33,460.00 $ 70.00 5 33,460,00 $ 7260 $ 34,416,00 42 18"RC PIPE SEWER DES 3006 CL 111 124 LF $ 8090 $ 9,920.00 $ 76.00 $ 9,424.00 $ 80,00 $ 9320,00 43 27"RC PIPE SEWER DES 3066 CL Ill 356 LF $ 1 D0.00 S 35,60D.00 $ 115.90 S 40,940.00 $ 107.00 $ 36,992.00 44 CONNECT TO EXISTING STORM SEWER 7 EA 5 1,500.00 5 14,500.00 $ 930.00 $ 5,510.00 $ 1,850.00 $ 12,950.00 45 CONNECT INTO EXISTING DRAINAGE STRUCTURE 1 EA $ 1,500.90 S 1,500.00 $ 930.00 $ 930.00 $ 1,800.00 $ 1,800.00 46 ADJUST GATE VALVE&BOX 14 EA $ 20090 $ 2,800.00 $ 323.00 $ 4,480.00 $ 550.00 $ 7,700.00 47 6"GATE VALVE INSTALLATION 1 EA $ 2,765.00 8 2,765.00 $ 2650.00 $ 2,650.00 S 2,900.00 $ 2,900,00 48 HYDRANT INSTALLATION 1 EA $ 6,000.00 $ 6,000.90 $ 8,400.00 $ 8,400.00 $ 6,300.00 $ 6300,00 49 2"INSULATION 110 SY $ 35.00 $ 3,850.00 $ 22.09 $ 2,420.00 8 50.00 $ 5,500.00 50 6"DI WATER MAIN REPLACEMENT 10 LF $ 69.00 5 600.00 $ 0.81 $ 0.10 $ 80.00 $ 800.00 51 INSTALL CASTING 27 EA $ 700.00 $ 18,900.00 $ 650.00 $ 17,550x0 $ 850.00 $ 22,950.00 62 CONST DRAINAGE STRUCTURE DESIGN SPEC 1 16 EA $ 4,00060 $ 64600.90 $ 5,750.00 $ 92,006.00 5 4,700.00 $ 75,200.00 53 CONST DRAINAGE STRUCTURE DESIGN SPEC 2 6 EA $ 4,500.00 $ 22,50000 $ 4 85063 $ 24,250.00 $ 3,610.00 $ 18,050.00 54 CONST RAIN GARDEN 223 SY $ 159.00 $ 33,450.00 $ 45090 $ 100,350.00 $ 150,00 $ 33,450.00 55 RANDOM RIPRAP CLASS€1€ 30 TN $ 159.00 $ 4,50090 $ 125.00 $ 3,750.00 $ 155.00 $ 4,650,00 56 6"CONCRETE WALK 548 SF $ 16.00 $ 8,768.00 $ 20.00 $ 10,960.CC $ 15.00 $ 8,220.00 57 CONCRETE CURB&GUTTER DESIGN 13618 1,950 LF $ 25.00 $ 48,75D.00 $ 32.00 $ 62,400.00 $ 30.00 $ 58,500.00 58 CONCRETE CURD&GUTTER DESIGN 8624 1,272 LF $ 2760 $ 34,344.00 $ 31.00 $ 39,432.00 $ 30.00 $ 38,160.00 59 6"CONCRETE DRIVEWAY PAVEMENT 756 SY $ 70.00 $ 52,92360 $ 83.00 $ 62,748.00 S 85.OD $ 64,260.00 60 8"CONCRETE VALLEY GUTTER 49 SY $ 110.00 $ 5,390.00 $ 140,00 $ fi 860.00 $ 100.00 $ 4,900.00 61 TRUNCATED DOMES 122 SF $ 69.00 $ 7,320.00 $ 73.00 $ 8,906,00 $ 65,00 $ 7,930,00 62 INSTALL BRICK PAVERS 142 SF $ 30.00 $ 4,269.99 $ 20.00 $ 2,840.00 $ 25.00 $ 3,550.00 63 TRAFFIC CONTROL 1 LS $ 20,000.00 $ 20,009.00 $ 18,846.00 $ 16,846.00 $ 89,000.00 $ 80,000.00 64 INSTALL SIGN 10 EA $ 300.00 $ 3,000.00 $ 369.00 $ 3,690.00 $ 400.00 $ 4,000.00 65 STORM DRAIN INLET PROTECTION 21 FA $ 15360 $ 3,150.00 $ 182.00 S 3,822.00 $ 300.00 $ 6,300.00 66 SEDIMENT CONTROL LOG TYPE COMPOST 815 LF $ 5.00 $ 4,075,00 5 5 50 $ 4,482.50 $ 5.00 $ 4,075.00 67 COMMON TOPSOIL BORROW 6S3 CY $ 40.00 $ 23,320.00 $ 64,00 $ 37,31260 $ 40.00 $ 23,320.00 68 FERTILIZER TYPE I 145 LB $ 1.00 $ 145.00 $ 0.60 $ 87.00 $ 13-00 S 1,450,00 69 EROSION CONTROL BLANKETS CATEGORY 4N 1,020 SY $ 2.00 $ 2,040.00 $ 3.00 $ 3,660.00 $ 5.90 $ 5,100.00 70 RAPID STABILIZATION METHOD 1 1 AC $ 10,000.00 $ 8,000.00 $ 1,818.00 $ 1,454.40 $ 15,0009D S 12,000.00 71 SEEDING 1 AC $ 6,000.40 $ 4,200,00 $ 1,091.00 $ 763.70 $ 13,642.00 $ 9,549.40 72 SEED MIXTURE 25-131 30 L8 $ 5,00 $ 15060 $ 1200, $ 360.00 $ 50.00 $ 1,500.00 73 SEED MIXTURE$6-711 21 LB $ 5.00 $ 105,00 $ 18,00 $ 378.00 $ 200.00 $ 4,200.00 74 HYDRAULIC STABILVED FIBER MATRIX 1,537 LB $ 3x0 $ 4,611,00 $ 6.10 $ 9,375,79 $ 860 $ 12,296.00 75 4"SOLID LINE MULTI COMP i,O36 LF $ 1.00 $ 1,036.00 $ 1.70 $ 1,761-20 $ 4,50 $ 4.662,00 76 CROSSWALK MULTI COMP 264 Sr $ 10.00 $ 2,640.00 $ 10.50 $ 2,772.00 $ 15.00 $ 3,960.00 TOTAL BID $ 1,158,239-50 $ 1,399,999.41 $ 1,496,054.90