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2022-07-05 City Council Agenda PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA July 5, 2022 – 6:00 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 June 21, 2022 City Council Minutes b.Approval of June 21, 2022 City Council Work Session Minutes c.Acknowledge the May 24, 2022 Planning Commission Meeting Minutes d.Resolution 2022-52 Appointment of City Data Practices Officials e.Resolution 2022-53 Appointment to Fire Relief Association Board of Trustees f.Resolution 2022-49 Calling for a Public Hearing on an Easement Vacation for Mendota Heights Business Park 4th Addition g.Approval of New Massage Therapist License for Crystal Williams h.Approval of Claims List 6.Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Presentations 8. Public Hearings a. Resolution 2022-50 Approving a Right-of -Way Vacation for Burr Oak Avenue and Somerset Road 9. New and Unfinished Business a. Resolution No. 2022 -51 Approving a MRCCA Permit to Elizabeth & Caleb Johnson, 1903 Hunter Lane b. Set City Council Work Session Meeting Dates for FY23 Budget Review 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, June 21, 2022 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, and Mazzitello, were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented, pulling items F, H, and K. a.Approval of June 7, 2022 City Council Minutes b. Acknowledge Minutes – Natural Resources Commission of May 11, 2022 c.Acknowledge Minutes – Parks and Recreation Commission of April 12, 2022 d. Acknowledge Minutes – Parks and Recreation Commission of May 10, 2022 e. Approve Renewal of Massage Licenses f.Approve Appointment of Student Representatives to City Advisory Commissions g.Acknowledge the April 2022 Par 3 Financial Report h. Acknowledge May 2022 Fire Synopsis i.Approve May 2022 Treasurer’s Report j.Approve Building Activity Report May 2022 k. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 5a. Page 1 Nays: 0 PULLED CONSENT AGENDA ITEMS F)APPROVE APPOINTMENT OF STUDENT REPRESENTATIVES TO CITY ADVISORY COMMISSIONS Mayor Levine stated that she wanted the public to be aware that there are Student Representatives on the Parks and Recreation Commission and Natural Resources Commission. She stated that the current Student Representative Nico Hess has provided valuable input on the Parks and Recreation Commission. She welcomed the two new student members that will represent the voice of the youth in the community. Councilor Duggan moved to approve APPOINTMENT OF STUDENT REPRESENTATIVES TO CITY ADVISORY COMMISSIONS. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 H) ACKNOWLEDGE MAY 2022 FIRE SYNOPSIS Councilor Duggan referenced page 45, on the bottom right, which is missing information. He recognized that perhaps additional information will be provided on the next report. City Administrator Cheryl Jacobson confirmed that she would follow up on that item. Councilor Duggan moved to acknowledge MAY 2022 FIRE SYNOPSIS. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilor Duggan noted a utility repair item on page 57. He asked the age of the equipment and frequency of repairs. Public Works Director Ryan Ruzek replied that the pumps for lift stations are expensive. He commented that the pump is currently 40 years old. He stated that they have aimed to replace on pump per year. Councilor Duggan referenced the next two pages which mention prosecution and asked for details. Finance Director Kristen Schabacker stated that those funds were given to the City in mistake by the State and therefore those funds are being remitted per the instructions by the State. Councilor Duggan referenced some planning cases that have an escrow account and asked if that is something new. Page 2 Finance Director Kristen Schabacker replied that each planning case is required to collect an escrow to fund any related costs such as legal or publication costs. She explained that unused escrow is then returned to the applicant, noting that the City does that four to five times per year. Councilor Duggan noted Swanson Haskamp consulting fees and asked if that is a standard monthly fee or whether the billing is submitted for work performed. Finance Director Kristen Schabacker replied that the bills are for services performed. Councilor Duggan referenced the cost for tree removal and asked how many trees were removed. Finance Director Kristen Schabacker commented that she does have that information and will follow up with Councilor Duggan. Councilor Paper asked why the law firm would receive the funds. City Attorney Elliott Knetsch stated that if a vehicle is driven in a DUI there are related actions, such as taking the vehicle and selling the vehicle noting that the State then dictates the percentage the City receives as well as the prosecuting agency that handled the case. He confirmed that the forfeiture law dictates the percentages. Councilor Duggan moved approval of the CLAIMS LIST. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) CITY OF MENDOTA HEIGHTS FY2021 AUDIT REPORT Matt Mayer, BerganKDV, presented the results of the 2021 audit reporting that the City received a clean or unmodified opinion. He noted that there were no findings related to Minnesota Legal Compliance. He stated that there was one continued finding related to the lack of segregation of duties which is a common finding with small city staff teams. He also provided information comparing the budget to actual amounts as well as information on different City funds. Councilor Duggan thanked Mr. Mayer for the presentation and commented that it is great to see the position of the City, recognizing the excellent work of the finance staff. Councilor Paper referenced the comment that was made stating that the City had 118 percent of one year’s budget but noted that 106 percent was also mentioned and asked for clarification. Page 3 Mr. Mayer replied that the total fund balance, divided into the funds spent in 2021, you would get 118 percent. He stated that within that fund balance there are some prepaid expenses and funds set aside for specific uses, explaining that once those are removed you would get to 106 percent. Mayor Levine commented that for the 2022 budget, the Council developed an equipment reserve fund. She asked if that would be considered an assigned expense within the general fund. Finance Director Kristen Schabacker replied that the equipment reserve fund is separate and not related to the general fund numbers. Mayor Levine commented that the City prides itself on its AAA bond rating, which is largely based on the reserves of the City. She asked if the City would still qualify for a AAA rating with 75 percent in reserves rather than 106 percent. Finance Director Kristen Schabacker replied that 75 percent is the minimum requirement recommended by Ehlers noting that there are other things considered in the bond rating as well. Mayor Levine commented that many cities are not AAA bond rated. She referenced the sewer utility fund and recognized there is depreciation factored in. She asked if the City is factoring in the right amount for depreciation. Finance Director Kristen Schabacker explained how depreciation is determined based on the system and its assets. She noted that a sewer study has been completed and staff will be bringing forward a rate increase to cover the costs. Mayor Levine thanked Finance Director Kristen Schabacker for her wealth of knowledge and expertise. She commented that she makes everyone else’s job easier. Councilor Mazzitello commented that with the new proposed rate structure for the sewer system, some rates will go up and some will go down based on usage. He commented on the excellent progress that has been made on the sewer fund to establish that as a healthy fund because years ago it was running at a deficit. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) CONSIDERATION OF THE INSTALLATION OF PUSH BUTTON LIGHTS AT RINKS Parks and Recreation Manager explained that the Parks and Recreation Commission has recommended the installation of user activated light switches at the Marie and Friendly Hills ice rinks. The cost would be approximately $1,375 per rink for the switches. Councilor Mazzitello asked the type of lights currently at Marie. Page 4 Parks and Recreation Manager Meredith Lawrence replied that she is unsure as the electrician was unable to look at those. Public Works Director Ryan Ruzek was unsure but believed they would either be high pressure sodium or metal haloid lights. Councilor Mazzitello commented that the initial turning on of the lights would take some time as the lights warm up. He noted that if the lights are turned off and immediately turned back on there would not be the same delay because the lights would already be warmed. He asked if it would be advantageous to place signage on the hockey boards instructing the location of the light button. Parks and Recreation Manager Meredith Lawrence stated that the plan has not yet been developed, noting that she would plan to work with cities that have push button lights to determine what has been most effective. She agreed that there would need to be something to alert users as the lights may be on when they get there from another user but may turn off while they are using the lights, therefore they would need to know how to turn them back on. Councilor Duggan asked the lights would be brighter than the existing lights. Parks and Recreation Manager Meredith Lawrence replied that this would determine when the lights come on and off. He stated that there has been concern related to lighting and therefore staff has been meeting with residents around Friendly Hills to mitigate lighting concerns. She noted that they installed shades on the lights. Councilor Duggan suggested that the installers are asked the best way to lessen the brightness of the lights to lessen impacts to homes. Councilor Paper asked the neighborhood input that has been received. Parks and Recreation Manager Meredith Lawrence replied that engagement has not been done as this was a directive of the City Council. She confirmed that additional community engagement could be done at a later time if needed. Councilor Duggan moved to approve THE INSTALLATION OF PUSH BUTTON LIGHT SWITCHES AT THE MARIE AND FRIENDLY HILLS ICE RINKS WITH A REVIEW AFTER ONE YEAR. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine commented that she did receive one email in favor of the push button lighting. She stated that she has also received resident input on this topic in the past and believed that this is something desired by the community. Councilor Paper commented that parks open at 6 a.m. and asked if the lighting would be restricted so that lights could not be used at 6 a.m. Parks and Recreation Manager Meredith Lawrence confirmed that the available light times would still be restricted to the typical hockey rink evening hours. Page 5 Councilor Paper asked if staff is aware of the conversion cost for LED lighting at Marie. Parks and Recreation Manager Meredith Lawrene replied that she reached out to contractors to receive quotes but has not received any thus far. She noted that the last conversation the City completed was in 2018 but would not be a good comparison as costs have increased and this is a different type of project. Councilor Paper commented that the lights at Marie are not that old and therefore he would not necessarily support the conversion depending on that cost. Parks and Recreation Manager Meredith Lawrence replied that this could still move forward without the conversion, it would just take a bit for the lights to come on which may cause people to repeatedly push the button. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events. COUNCIL COMMENTS Councilor Mazzitello commented on the upcoming anniversary of the signing of the Declaration of Independence and read an excerpt from that document. Councilor Paper encouraged veterans and families of veterans that may be in need of services to reach out to Beyond the Yellow Ribbon. Councilor Duggan stated that in reading through the materials today he noticed mention of Adopt-a-Park and asked that additional information be provided at a future meeting. He stated that it will be interesting to see the plans for the extra water. He recognized that today is the official first day of summer. He thanked staff for the work they do for Mendota Heights, noting the new pickleball courts at Friendly Hills. He also commented on the quality of the baseball fields in Mendota Heights and surrounding communities. He stated that he received a question as to what is being done with the dust covers at the old bonfire site. He commented that Mendota Days will take place on July 9th and is being expanded. He commented that the City will be busy as natural resources will command attention over the next five to seven years. Mayor Levine welcomed the new City Clerk Christine Lusian. She commented that she has noticed more people out and about with kids out of school and warmer weather. She encouraged residents to get outside and enjoy the short summer season. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Page 6 Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 6:51 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk Page 7 Page 8 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Work Session Held Tuesday, June 21, 2022 Pursuant to due call and notice thereof, a work session of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Levine called the meeting to order at 4:00 p.m. Councilors Duggan, Mazzitello and Paper were also present. Councilor Miller was absent. Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, Natural Resources Coordinator Krista Spreiter, Assistant City Administrator Kelly Torkelson, Parks and Recreation Manager Meredith Lawrence, and City Clerk Christine Lusian. PRESENTATION FROM ROOTS IN THE GROUND Roots in the Ground is a local volunteer initiative. Roots in the Ground asked that the city become a Tree City USA city and recommended the city allocate a line item in the budget specifically for tree planting and maintenance in accordance with the city vision already in place by council. Roots noted that the Green Step City designation is already a comprehensive plan task the city has committed to and requires meeting the Tree City USA requirements. Tree canopy benefits to the community include cooler temperatures, increased property values, slower speeds, reduced stress, improved surface water drainage, and more. NATURAL RESOURCE MANAGEMENT PLAN Council reviewed the Natural Resource Management Plan, discussed questions and concerns in preparation for adopting the plan. Council has extensively reviewed the plan, formed a steering committee, held public hearing, and allowed sufficient time for feedback. Natural Resources is a priority to council and the city. Consultant RES will make minor updates and submit by July 14. The plan will be included in the consent agenda July 19. RETAINING WALL-1912 SOUTH LANE Ruzek requested council direction on a retaining wall in the public right of way at 1912 South Lane originally installed by the city in 1987. The property owner requests replacement of the wall due to deterioration in areas. Council discussed concerns and options and directed Ruzek to solicit contractor opinions on the structural integrity of the wall. 5b. Page 9 ADJOURN Mayor Levine adjourned the meeting at 5:19 pm. ____________________________________ Stephanie Levine, Mayor ATTEST: _______________________________ Christine Lusian, City Clerk Page 10 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES May 24, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 24, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Sally Lorberbaum, Cindy Johnson, Michael Toth, and Andrew Katz. Those absent: Commissioners Patrick Corbett and Brian Petschel. Approval of Agenda The agenda was approved as submitted. Approval of April 26, 2022 Minutes Chair Field noted that Commissioner Lorberbaum provided suggested changes to be incorporated into the minutes prior to the meeting. The Commission agreed with her changes. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF APRIL 26, 2022 WITH THE PROVIDED CHANGES.; ALONG WITH PERIOD TO BE ADDED ON PAGE FIVE, THE SECOND TO LAST PARAGRAPH. AYES: 5 NAYS: 0 Hearings A)PLANNING CASE 2022-09 XCEL ENERGY, 800 SIBLEY MEMORIAL HIGHWAY – MRCCA PERMIT Community Development Director Tim Benetti explained that Xcel Energy (Northern States Power Company) was seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit in order to provide a number of safety and functional improvements to the Sibley Propane Plant Facility, located at 800 Sibley Memorial Highway. Hearing notices were published and mailed to all properties within 350-ft. of the site; two calls from neighboring properties were received; and no other comments or objections to this request were received. Community Development Director Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). 5c. Page 11 Staff recommended approval of this application based on the findings and with conditions. Commissioner Toth commented that in the event a directional bore cannot take place there is a plan B identified. He asked what would occur that would eliminate the opportunity to do directional boring. Community Development Director Benetti commented that they could run into rock or other features that could preclude that. He noted that the goal is to do directional boring as it would be the least impactful. He noted that if an open trench (plan B) is needed, there is a tree replacement plan identified. Commissioner Johnson asked what is happening after the riprap and whether the velocity would be slowed down enough. Community Development Director Benetti provided details on the path drainage would follow, eventually to interstate valley creek. Commissioner Johnson asked if staff has looked at the impact to the creek and the velocity that would be going to the creek. She asked if there would be sufficient plant materials and roots that could clean the water sufficiently before reaching the creek. Public Works Director Ryan Ruzek replied that the construction of the pond would drastically reduce the amount of water going to the creek and therefore staff is comfortable that this will be a major improvement from what exists today. He noted that the majority of the water would be collected in the pond and a storm event that would typically discharge to the creek in ten minutes under the current conditions would take 40 hours after the improvements are completed. Commissioner Johnson asked if there is enough vegetation after the armoring. Public Works Director Ruzek replied that he has not been to the bottom of the hill for a few years. Commissioner Johnson stated that she would be concerned if there is enough vegetation. Public Works Director Ruzek commented that Xcel has always been a good partner to the City and therefore if additional plantings were needed, he was confident that Xcel would partner with the City to get that done. Chair Field commented that the pond and riprap would dissipate the flow and it would be drastically better than the existing conditions. Public Works Director Ruzek confirmed that noting that currently there is no stormwater management on the site. Commissioner Lorberbaum noted a suggested recommendation of full erosion and sedimentation measures and asked for details on what that would entail. Page 12 Community Development Director Benetti noted that while the language is vague, more detail is found under the City’s SWPPP which identifies the elements that can be used. Chair Field opened the public hearing. Brian Sullivan, Xcel Energy, stated that they are attempting to make the site compliant with today’s standards and are willing to work with City staff to incorporate any additional suggestions. Commissioner Johnson thanked the applicant for the detailed plans. She asked the plan for ensuring that the trees that will be planted will be successful. Mr. Sullivan replied that they have a vegetation management group that take care of watering of new trees and vegetation. Commissioner Johnson suggested the use of watering bags in the case the watering crew does not come through enough. Mr. Sullivan stated that he would be open to that suggestion. He stated that all the trees would also be guaranteed for one year. Commissioner Johnson asked if the applicant is familiar with the “come clean, leave clean” policy to prevent the spread of invasive species. Mr. Sullivan replied that the vegetation management crew is familiar with that policy. Commissioner Johnson provided information about invasive jumping worm, noting that the only “cure” is prevention. She also provided information on the “come clean, leave clean” policy. Chair Field stated that the Commission also had this conversation with Xcel on a previous application therefore he believes that the proper people are aware of it. Tom Muck, Farmdale Road, commented that this is a tank farm and even though it is well kept, it provides the character of an industrial area rather than a residential area. He understood the plan to cut the new water line through a dirt path that is already there but could not tell how many feet of tree removal would be required. It was clarified that the area marked for removal would be 40 feet. Mr. Muck commented that the plan then envisions cutting a 40-foot swath through the trees that provide screening to the residential properties. He did not see a necessity to cut any trees. He believed there was enough room on the trail to come through that. He recognized that there is a replanting plan but noted that those trees will be small and take time to grow. He referenced an item within the public hearing notice that states restore and repair a drainage channel outside the limits of the tank farm and asked for additional details. Page 13 Community Development Director Benetti identified the area outside of the tank farm and provided details on the work that would occur in that area to repair runoff drainage. Mr. Muck asked that the Commission require no tree removal. He stated that if it is necessary, he would like to hear a good explanation of why that is needed. Ed Hanton, 1288 Aspen Way, referenced the new structure that would be used to upload or download and asked if that would mean there would be more trucks coming in and out of the site. It was confirmed that there would not be additional trucks coming and going from the site after construction is completed. Joanie Tibbets, identified her home on the map, and stated that she is concerned that the screening could be impacted if trees are removed. She noted that even during the winter months the trees provide screening but stated that some of those trees have been removed in a previous project. She stated that stadium lighting was then added as well. She was concerned that if more trees were removed, it would cause more impact to her property. She stated that she does not want to feel like she lives next to an industrial park. Jim Vaughn, 1300 Aspen Way, asked for clarity on which trees are proposed for removal. Community Development Director Benetti replied that the trees proposed for removal are along the west side of the driveway. He stated that there would be new plantings near the roadway on both the west and east sides. Mr. Vaughn asked where the pond would be located. Community Development Director Benetti replied that the pond would be located on the southeast corner of the tank farm. Mr. Sullivan recognized the concern for the trees mentioned by the residents. He noted that their intention is to directionally bore the water line through. He commented that sometimes that does not work and therefore the alternate plan was included to complete that via trench. He stated that in the eight years he has been with Xcel there has only been one time directional boring did not work. He stated that if directional boring does not work, they would follow the trail to trench. He explained why 40 feet would be needed for trenching. He hoped that they would not need to remove trees and could use directional boring. He stated that they could work with the residents on the placement of replacement trees as well. Commissioner Johnson asked the type of lighting that is on the site. Mr. Sullivan commented that the lighting should be directionally down but noted that he is unsure. He stated that he can follow up to ensure lighting is not going into neighboring windows. Commissioner Johnson asked if some evergreens could be planted in the corridor area to help provide screening. Page 14 Mr. Sullivan replied that they can adjust the planting plan. He noted that many of the plantings are planned along the entrance drive, but some could be moved to the eastern border if desired. Commissioner Johnson commented that she would not want to take away from what is being down near the entrance but asked if additional trees could be added. Mr. Sullivan confirmed that additional evergreens could be added. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 5 NAYS: 0 COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT REQUEST FROM XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY, WITH THE FOLLOWING CONDITIONS: 1. THE NEW IMPROVEMENTS AND WORK DESCRIBED, ILLUSTRATED AND DETAILS ON THE “SIBLEY PROPANE PLANT” PLANS DATED MAY 18, 2022, AND ANY OTHER PLANS RELATED TO THIS PROJECT, SHALL BE THE ONLY WORK OR IMPROVEMENTS ALLOWED AND APPROVED UNDER THIS NEW MRCCA PERMIT. 2. ALL NEW WATER MAIN SYSTEM WORK AND CONNECTION MUST BE APPROVED OR PERMITTED BY ST. PAUL REGIONAL WATER RESOURCES. 3. THE ENTIRE WATER/FIRE SUPPRESSION SYSTEM, BOTH ABOVE AND BELOW GROUND MUST BE SUBMITTED TO THE STATE FIRE MARSHALL FOR A FIRE SUPPRESSION PERMIT, AND COPIES PROVIDED TO THE MENDOTA HEIGHTS FIRE DEPARTMENT FOR REVIEW AND RECORD KEEPING. 4. FULL EROSION AND SEDIMENTATION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. 5. 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. THE APPLICANTS MUST SUBMIT AND RECEIVE A SWPPP PERMIT AND NPDES PERMIT (IF NECESSARY) PRIOR TO START OF ANY NEW CONSTRUCTION WORK. 6. THE APPEARANCE OF THE NEW PUMP HOUSE STRUCTURE MUST BE AS COMPATIBLE AS PRACTICABLE WITH OTHER (EXISTING) SUPPORT STRUCTURES ON THE PLANT SITE, INCLUDING HEIGHT, WIDTH, MATERIALS USED, AND COLOR. Page 15 7. ALL NEW TREES AND VEGETATION, INCLUDING GROUND COVER FOR RESTORING DISTURBED AREAS ON THE SUBJECT SITE, SHALL CONFORM TO THE TREE REMOVAL AND REPLACEMENT PLANS AND SCHEDULE (DATED MAY 18, 2022) AS PRESENTED, REVIEWED AND APPROVED UNDER THIS MRCCA PERMIT PLANNING APPLICATION. 8. ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE, ESPECIALLY AREAS IN THE ADJACENT BLUFF AND BLUFF IMPACT ZONE, SHALL BE RESTORED AND HAVE AN ESTABLISHED AND PERMANENT GROUND COVER IMMEDIATELY AFTER ALL IMPROVEMENTS HAVE BEEN INSTALLED OR COMPLETED. 9. ALL WORK ON SITE WILL ONLY BE PERFORMED BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. MONDAY THROUGH FRIDAY; 9:00 A.M. TO 5:00 P.M. WEEKENDS. FURTHER DISCUSSION: CHAIR FIELD NOTED THAT THE TRENCHING WAS A CONTINGENCY AND THEREFORE DID NOT BELIEVE AN ADDITIONAL CONDITION WAS NECESSARY TO ADDRESS THAT. COMMISSIONER KATZ AGREED THAT CONDITION IS NOT NECESSARY. COMMISSIONER TOTH AGREED. AYES: 5 NAYS: 0 Chair Field advised the City Council would consider this application at its June 7, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti provided an update on recent Council activity regarding cases recommended by the Planning Commission. Commissioner Lorberbaum noted items that had previously been delayed and asked if it would make sense to discuss those on agendas that are light. Community Development Director Tim Benetti replied that would be a part of the Code review and update. Chair Field agreed that would be the most efficient method to move forward. Adjournment COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:52 P.M. AYES: 5 NAYS: 0 Page 16 Request for City Council Action DATE: July 5, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Resolution 2022-52 Appointment of Data Practices Officials INTRODUCTION The City Council is asked to approve the appointment of Data Practices Officials. BACKGROUND The Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, controls how government data are collected, created, stored (maintained), used and released (disseminated). The Act requires government entities appoint a Responsible Authority. The Responsible Authority is an employee designated by the city as the individual responsible for the collection, use and dissemination of government data. The Act also requires the appointment of a Data Practices Compliance Official. The Compliance Official responds to all public questions or concerns relating to data access or practices. The Responsible Authority and Compliance Official are often the same person within a government entity. Christine Lusian began her employment with the city as City Clerk on June 8. The city clerk is identified as the city’s Responsible Authority and Compliance Official. The Responsible Authority may designate one or more city employees as a “designee”. A designee is in charge of individual files or systems containing government data and receives and complies with request for government data. The police department’s Police Support Specialist is identified as a designee for the administration of police department data files and systems and to receive and comply with requests for government data. BUDGET IMPACT None. 5d. Page 17 RECOMMENDATION Staff recommends the City Council approve Resolution 2022-52 Appointing City Clerk Christine Lusian as the city’s Minnesota Government Data Practices Responsible Authority and Compliance Official, and designating Police Support Specialist Trista Miller a Data Practices Designees in charge of police department files and systems and to receive and comply with requests for government data. ACTION REQUESTED If the City Council concurs, it should, approve Resolution 2022-52 Appointing Data Practices Officials for the City of Mendota Heights. Page 18 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-52 APPOINTING DATA PRACTICES OFFICIALS WHEREAS, Minnesota Statutes, Section 13.02, subd. 16 requires that the city appoint an employee to act as its data practices responsible authority to collect, use and disseminate government data; and WHEREAS, Minnesota Statutes, Section 13.05, subd. 13 requires that the city appoint a city employee to act as its data practices compliance official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the city; and WHEREAS, Minnesota Statutes, Section 13.03. subd. 2 allows for the appointment of designees who are in charge of individual files or systems containing government data and receives and complies with request for government data. NOW, THEREFORE, BE IT RESOLVED, that the Mendota Heights City Council appoints City Clerk Christine Lusian as the city’s Minnesota Government Data Practices Responsible Authority and Compliance Official, and appoints Police Support Specialist Trista Miller as Data Practices Designee for the police department. Adopted by the City Council of the City of Mendota Heights this fifth day of July, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Christine Lusian, City Clerk Page 19 Page 20 Request for City Council Action DATE: July 5, 2022 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator SUBJECT: Resolution 2022-53 Appointments to the Mendota Heights Fire Relief Association Board of Trustees INTRODUCTION The City Council is asked to approve the appointment of municipal trustees to the Mendota Heights Fire Relief Association Board of Trustees. BACKGROUND Minnesota Statutes 424A.04, subd. 1 requires that the city appoint three municipal trustees to the Board of Trustees for the Mendota Heights Fire Relief Association. Of the three municipal trustees one must be an elected municipal official, one must be an elected or appointed municipal official and one must be the fire chief. Municipal trustees have all the rights and duties accorded to any other trustee, except the right to be an officer of the Relief Association. Appointments of Municipal Trustees is done on an annual basis or at which time a successor is determined, whichever is later. The Mayor has previously been identified as the city elected official and City Clerk has been previously been identified as the elected or appointed official. Dave Dreelan as Fire Chief has been appointed. BUDGET IMPACT None. RECOMMENDATION Staff recommends the City Council approve Resolution 2022-53 Appointing Mayor Stephanie Levine and City Clerk Christine Lusian as municipal trustees along with Fire Chief Dave Dreelan to the Mendota Heights Fire Relief Association Board of Trustees. ACTION REQUESTED If the City Council concurs, it should, approve Resolution 2022-53 Approving Appointment to the Board of Trustees for the Mendota Heights Fire Relief Association. 5e. Page 21 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-53 APPROVING APPOINTMENTS TO THE BOARD OF TRUSTEES FOR THE MENDOTA HEIGHTS FIRE RELIEF ASSOCIATION WHEREAS, Minnesota Statues Section 424.04, subd. 1 requires that the city appoint three municipal trustees to the Board of Trustees for the Mendota Heights Fire Relief Association. Of the three municipal trustees one must be an elected municipal official, one must be an elected or appointed municipal official and one must be the fire chief. NOW, THEREFORE, BE IT RESOLVED, that the Mendota Heights City Council appoints Mayor Stephanie Levine, City Clerk Christine Lusian and Fire Chief Dave Dreelan to serve as Municipal Trustees of the Mendota Heights Fire Relief Association for Adopted by the City Council of the City of Mendota Heights this fifth day of July, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie Levine, Mayor ATTEST: Christine Lusian, City Clerk Page 22 Request for City Council Action DATE: July 5 , 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-49 Calling for a Public Hearing on Easement Vacation for Mendota Heights Business Park 4th Addition INTRODUCTION The Council is asked to approve Resolution 2022-49 calling for a public hearing on an easement vacation request by petition. BACKGROUND The city of Mendota Heights received a petition for vacating drainage and utility easements on Lot 1, Block 1, Mendota Heights Business Park 4th Addition. A copy of the plat is attached which shows the easement areas that were dedicated. DISCUSSION St. Paul Fire and Marine Insurance Company, which is a wholly owned subsidiary of the Travelers Company, Inc. recently purchased the property at 1500 Commerce Drive. The property owner has submitted plans for redevelopment of this site. The proposed site layout, relocates an existing pond to an adjacent area on site where an expanded pond will be located. The Lot 1, Block 1 parcel proposed for development has reconfigured utility layouts which do not align with the previously dedicated utility easements. A petition was received to vacate the existing drainage and utility easements for a storm water treatment device, and a water service line. New easements will be granted to the city for the proposed storm water treatment device and for a sanitary sewer line relocation. The property owner will also enter into a private watermain agreement with St. Paul Regional Water authority for the proposed water supply lines. Notices will be sent to all properties within the Mendota Business Park 4th Addition plat and all properties within 350 feet of the property. BUDGET IMPACT The Mendota Heights fee schedule includes a required $250 application fee to cover mailing, recording fees and staff time. 5f. Page 23 RECOMMENDATION Staff recommends that Council approve the resolution calling for a public hearing. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Resolution No. 2022-49, “RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION”. This action requires a simple majority vote. Page 24 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2022-49 RESOLUTION CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION WHEREAS, the City Council, pursuant to Minnesota Statute §412.851, desires to vacate certain drainage and utility easements on Lot 1, Block 1, Mendota Heights Business Park 4th Addition, Dakota County, Minnesota; and NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council will consider the vacation of easements and a public hearing shall be held on such proposed vacation on the 3rd day of August, 2022, before the City Council in the Mendota Heights City Hall located at 1101 Victoria Curve at 6:00 p.m. The City Clerk is hereby directed to give published, posted, and mailed notice of such hearing as required by law. Adopted by the City Council of the City of Mendota Heights this fifth day of July, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS BY________________________________ ATTEST Stephanie Levine, Mayor BY_________________________ Christine Lusian, City Clerk Page 25 1 Ryan Ruzek From:Verbeten, Alexander H <AVERBETE@travelers.com> Sent:Monday, June 27, 2022 2:04 PM To:Ryan Ruzek Cc:Kevin Bohl; Jon LaCasse; don@hightowerinitiatives.com; Lasley.Matthew@dorsey.com; O'Leary, Robert K; Radovitskiy, Brandl L; Tim Benetti; Jason Folger Subject:1500 Commerce Drive - Petition to Vacate Drainage Easement Ryan, As an authorized representative of St. Paul Fire and Marine Insurance Company, which is a wholly own subsidiary of The Travelers Companies, Inc. and the owner of 1500 Commerce Drive, I request that this email serve as owner’s petition to vacate the following easement at 1500 Commerce Drive: drainage easement related to the pond area. As I and my design team have been discussing with you, this vacation is for the purposes of moving the easement area to accommodate a redevelopment of the site. If you have any questions or need anything else from me to get the vacation process started, please let me know. Thank you, Alex Verbeten Alexander Verbeten | AVP - Portfolio Management | Real Estate Investments Travelers 385 Washington St. | 9275-LC13A St. Paul, MN 55102 W: 651.310.8467 M: 612.269.1632 This message (including any attachments) may contain confidential, proprietary, privileged and/or private information. The information is intended to be for the use of the individual or entity designated above. If you are not the intended recipient of this message, please notify the sender immediately, and delete the message and any attachments. Any disclosure, reproduction, distribution or other use of this message or any attachments by an individual or entity other than the intended recipient is prohibited. TRVDiscDefault::1201 Page 26 Page 27 Page 28 Request for City Council Action DATE: July 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Christine Lusian, City Clerk SUBJECT: Massage License INTRODUCTION The City Council is asked to approve a new massage therapist license. BACK GROUND The applicant listed below has completed application requirements and paid the associated license fees for the period through June 30, 2023. The background investigation is still in process. •Massage Therapist:Crystal Williams RECOMMENDATION Approve a massage therapist license for Crystal Williams, contingent upon a successful background investigation, effective through June 30, 2022. 5g. Page 29 Page 30 5h.Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 *For maintenance on 2 treesPage 39 Page 40 Request for City Council Action DATE: July 5, 2022 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2022-50 Public Hearing on Right-of-Way Vacation for Burr Oak Avenue and Somerset Road INTRODUCTION The Council is asked to hold proceedings for Resolution 2022-50, a public hearing on a right-of- way vacation commenced by petition for Burr Oak Avenue and Somerset Road. BACKGROUND The City of Mendota Heights received a petition for vacating an undeveloped segment of right- of-way for Burr Oak Avenue, from Dodd Road/TH 149 (f/k/a Jefferson Highway) and Dorset Road; along with undeveloped segment of Somerset Road, from Mears Avenue to Burr Oak Avenue Right-of-Way, both of which are situated in the Somerset View subdivision. A copy of this Somerset View plat is attached illustrating the right-of-way areas originally dedicated for future roadway purposes. The Somerset View plat was recorded in April 14, 1936. This right-of-way is no longer needed for any public roadway purposes. Notices of this vacation were sent to all properties within the Somerset View plat, and those properties within 350 feet of said plat. DISCUSSION State Statute governs the procedure for vacating a public way. A petition for vacating a public way requires signatures from a majority of the abutting land owners having an interest in the land. When considering a vacation, a city may vacate right-of-way only if it is in the best interest of the public. Specific to this petition request, the Council should consider if this right-of-way may serve a purpose in the future which if the right-of-way is vacated, would no longer be feasible. Staff received two inquiries on what this vacation means but there were no support or objections received. Staff did receive a call from the property at 3 Dorset Road as their driveway is currently in the right-of-way and may encroach on a neighbor’s property if this right-of-way is vacated. Staff directed this property to discuss these concerns with their neighbor as the issues would become a civil matter between two private property owners if the vacation is approved. 8a. Page 41 BUDGET IMPACT The Mendota Heights fee schedule includes a required $250 application fee to cover mailing and recording fees and staff time which was received from the petitioner. RECOMMENDATION Staff recommends that Council open the hearing and hear any comments. ACTION REQUIRED Staff recommends that the City Council pass a motion adopting Resolution No. 2022-50, “RESOLUTION APPROVING A RIGHT-OF-WAY VACATION COMMENCED BY PETITION”. This action requires a simple majority vote. Page 42 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-50 RESOLUTION APPROVING A RIGHT-OF-WAY VACATION COMMENCED BY PETITION WHEREAS, The Somerset View Plat, Dakota County, Minnesota was approved in 1935 and identified dedicated right-of-way for Burr Oak Avenue and Somerset Road; and WHEREAS, an area of Burr Oak Avenue and Somerset Road Right-of-Way described below is not required for roadway purposes: Burr Oak Avenue between Trunk Highway 149, Dodd Road (noted as Jefferson Highway on plat) and Dorset Road. Said vacation of Burr Oak Avenue shall be that part lying northwesterly of the following described line: Commencing at the southwest corner of Lot 1, Block 7, Somerset View, according to the recorded plat thereof, thence northeasterly along the south line of said Lot 1 to the point of curvature of said south line and the point of beginning of the line to be described; thence northeasterly to the southeast corner of Lot 3, Block 4, said Somerset View and said line there terminating. Said vacation of Burr Oak Avenue shall not include that part lying northwesterly of the following described line: Commencing at the southwest corner of Lot 9, Block 4, Somerset View according to the recorded plat thereof, thence southwesterly to the northwest corner of Lot 3, Block 8, said Somerset View and said line there terminating. Somerset Road between Mears Avenue and Burr Oak Avenue. Said vacation of Somerset Road shall be that part lying north of the following described line: A line beginning at the southeast corner of Lot 8, Block 8, Somerset View according to the recorded plat thereof, thence southeasterly to the southwest corner of Lot 7, Block 7, said Somerset View and said line there terminating; and WHEREAS, a notice of hearing on said vacation has been duly published and posted more than two weeks before the date scheduled for the hearing on said vacation, all in accordance with the applicable statutes; and WHEREAS, a public hearing was held on said vacation on July 5, 2022, at the City Hall of Mendota Heights; and WHEREAS, the City Council then proceeded to hear all persons interested in said vacation and all persons were afforded an opportunity to present their views and objections to the granting of said vacation. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the vacation of the described portion of Burr Oak Avenue Right-of-Way and Somerset Road Right-of-Way, is in the best interest of the public and the City, and it is not detrimental to the health, safety and welfare of the community. 2. That the above described right-of-way be and the same is hereby vacated. Page 43 3. That the vacated area be covered under a drainage and utility easement. 4. That the City Clerk be and is hereby authorized and directed to prepare and present to the proper Dakota County officials notice of completion of these vacation proceedings, all in accordance with the applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota Heights this fifth day of July, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST ________________________________ Christine Lusian, City Clerk Page 44 1170 6 8 7 2 7 9 4 4 571 7 2 9 5 88 1 3 9 6 13 1160 12 10 14 11 5 151311 1147 1167 1161 1155 572 1176 12 1212 10 01/2 506 1257 1245 1241 604 600 1135 1220 13 1263 1177 1230 1133 1DODD RDMEARS AV E DORSET RD BEE B E A V E SOMERSET RD ASH L E Y L N IVY HILL DR T his im agery is copy righted and licensed by Nearm ap US Inc, which retainsownership of the im agery. It is being provided by Dakota County under theterm s of that license. Under that license, Dakota County is allowed toprovide access to the “Offline Copy Add-On for Governm ent”, on which thisim age services is based, at 6-inch resolution, six m onths after the capturedate, provided the user acknowledges that the im agery will be used in theirnorm al course of business and m ust not be resold or distributed for the ROW VacationBurr Oak AvenueSomerset Road Date: 5/10/2022 City ofMendotaHeights0150 SCALE IN FEET 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 45 Page 46 Page 47 Page 48 Page 49 Page 50 Request for City Council Action DATE: July 5, 2022 TO: Mayor Levine and City Council; City Administrator Jacobson FROM: Tim Benetti, Community Development Director SUBJECT: Resolution No. 2022-51 Approving a MRCCA Permit for 1903 Hunter Lane [Planning Case No. 2022-11] INTRODUCTION City Council is asked to consider adopting a resolution approving a Miss. River Corridor Critical Area (MRCCA) Permit to Elizabeth and Caleb Johnson, and for the property located at 1903 Hunter Lane. BACKGROUND City Code Title 12-3-1 requires a permit to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approvals. The Johnson’s are seeking approval to install new in-ground swimming pool on their property. At the June 28, 2022 Planning Commission meeting, a planning report was presented; a public hearing was held; and comments from the property owners were received and recorded into the public record. Copies of the 06/28/2022 planning report, including the applicant’s narrative, pool plans, maps, related information, and the planning commission meeting minutes are all appended to this memo. AUTHORITY The City is using its quasi-judicial authority when considering action on certain land use or zoning decisions, such as this MRCCA permit, and has broad discretion. A determination regarding whether or not the request meets the applicable code standards is required. The resolution confirms this determination. RECOMMENDATION The Planning Commission recommended unanimously (7-0 vote) to approve the MRCCA Permit to Elizabeth and Caleb Johnson, and for the property located at 1903 Hunter Lane, with findings-of-fact to support said approval and certain conditions, as memorialized in the attached [draft] resolution. ACTION REQUIRED City Council may affirm the recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-51, APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO ELIZABETH AND CALEB JOHNSON AND FOR THE PROPERTY LOCATED AT 1903 HUNTER LANE. This adoption action requires a simple majority vote. 9a. Page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-51 RESOLUTION APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO ELIZABETH AND CALEB JOHNSON AND FOR THE PROPERTY LOCATED AT 1903 HUNGER LANE [PLANNING CASE NO. 2022-11] WHEREAS, Elizabeth and Caleb Johnson (the “Applicant”) applied for a Mississippi River Corridor Critical Area (MRCCA) permit under Planning Application No. 2022-11, which would allow the installation of a new in-ground swimming pool and landscape improvements on their property, located at 1903 Hunter Lane, and legally described in Exhibit A (the “Subject Property”); and WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040 Comprehensive Plan, zoned R-1 One Family Residential, and is situated in the SR-Separated by River district within the Mississippi River Corridor Critical Area Overlay District; and WHEREAS, pursuant to City Code Title 12-3-1: Mississippi River Corridor Critical Area Overlay District, a permit is required to approve any new development activities involving a building permit, land disturbance, vegetation removal, or special zoning approval; and WHEREAS, on June 28, 2022, the Mendota Heights Planning Commission conducted a public hearing on the proposed MRCCA Permit application, and whereupon closing the hearing, recommended unanimously (7-0 vote) to approve the MRCCA Permit to the Applicant, which would allow the installation and construction of a new in-ground swimming pool on the Subject Property, with certain conditions and finding-of-fact to support said approval. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the MRCCA Permit proposed under Planning Case No. 2022-11 may be approved, based on the following findings of fact: 1. The proposed swimming pool project meets the general purpose, standards and regulations provided for an under the Mississippi River Corridor Critical Area (MRCCA) Overlay District and ordinances. 2. The proposed work and disturbance to construct this new swimming pool is deemed minimal, reasonable and within the spirit and intent of the MRCCA Overlay District. 3. The proposed swimming pool as proposed under this application can be considered a reasonable request and improvement to a typical single family residential use in the city’s R-1 One Family Residential District, and represents a valuable reinvestment in a residential neighborhood, which is consistent with the Comprehensive Plan’s goals for residential land uses; and fits well with the current developed character of the neighborhood. Page 52 4. The proposed swimming pool 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. 5. The overall construction of this proposed swimming pool will comply with all standards and regulations of the City Code of Ordinances, including Chapter 9 Building Regulations (Sect. 9-2-1: Swimming Pools) and CH. 12 Zoning, and other applicable ordinances. BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the MRCCA Permit requested by the Applicant and proposed under Planning Case No. 2022-09, which would allow the necessary site improvements and safety upgrades on the Subject Property, is hereby approved with the following conditions: 1. A building permit must be approved prior to the commencement of any construction work on the swimming pool or related landscaping work. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. 2. Best efforts will be made by the Applicant’s contractor(s) to “come clean, leave clean” during the course of any construction work performed on the Subject Property in order to prevent the spread or contamination of invasive species to and from the property. 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. Full erosion and sedimentation prevention measures will be put in place prior to and during grading and construction work activities. 4. The pool area shall be enclosed with fencing, which shall be at least five feet (5'), but not exceeding six feet (6') in height to prevent uncontrolled access to the pool area. Said fence must have self-closing and self-latching gates with provisions for locking, and shall be completely installed prior to the filling of the pool and prior to the issuance of any C.O. or final inspection by the city. 5. Any new lighting for the pool must include down-cast/cut-off features that prevent glare or light spill-over, and all new lights must be directed down or towards the pool area only and away from any neighboring properties. 6. Any draining or back-flushing of water from pool shall be directed onto the Subject Property only. Any drainage onto public streets or other public drainage ways shall require permission of the Public Works Director. Page 53 7. All new trees and vegetation, including ground cover for restoring disturbed areas on the subject site, shall conform to the Landscape Plan - Exhibit D as presented, reviewed and approved under this MRCCA Permit application. 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. Adopted by the City Council of the City of Mendota Heights this 5th day of July, 2022 CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ Stephanie Levine, Mayor ATTEST: ________________________________ Christine Lusian, City Clerk Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Page 54 EXHIBIT A PROPERTY ADDRESS: 1903 Hunter Lane, Mendota Heights MN 55118 PID: 27-77700-01-030 LEGAL: Lot 3, Block 1, TUMINELLY’S HUNTER LANE ADDITION, Dakota County, Minnesota. Torrens Property: Certificate No. 177732, dated 02/11/2020 Page 55 Planning Case #2022-11 (Johnson) Page 1 of 7 PLANNING STAFF REPORT DATE:June 28, 2022 TO:Planning Commission FROM:Tim Benetti, Community Development Director SUBJECT:Planning Case No. 2022-11 MRCCA PERMIT APPLICANT:Elizabeth & Caleb Johnson PROPERTY ADDRESS:1903 Hunter Lane ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential ACTION DEADLINE:August 6, 2022 INTRODUCTION The Johnson’s are seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new in-ground swimming pool on tier property, located at 1903 Hunter Lane. 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. The city has not received any objection or comments related to this application. BACKGROUND The subject property is generally located at the end of “Hunter Court” (or “Hunter Circle” – as identified on the survey), which is an unofficial private driveway that comes off Hunter Lane and serves three residential properties (1903/1905/1907 Hunter Lane (refer to aerial/location image – right). The lot is 34,851-sf. in size, and contains a one-story, 3,900 sq. ft. single family dwelling, originally built in 1955. The property is situated in the R-1 One Family Residential zone, and is in the Mississippi River Corridor Critical Area overlay district. Page 56 Planning Case #2022-11 (Johnson) Page 2 of 7 The Johnson’s are seeking approval to install a new 20’ x 40’ in-ground swimming pool in the rear yard, directly behind the existing dwelling (see Site Plan image – below). The pool will have an 8-foot wide concrete deck on each end, and 4-ft. decking on each side, with setbacks of 28.7-feet from the west line and 26.2 ft. from the south line. The pool is separated from the dwelling by 25-feet, which exceeds the 10-foot minimum setback needed for separation from a residential foundation. ANALYSIS – MRCCA PERMIT The subject property is situated in the MRCCA Overlay boundary, and is located within the SR-Separated by River District. Properties located in the SR District are characterized or governed by the following principles: Description. The SR district is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. Management Purpose. The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and the flow of untreated storm water into the river are priorities in the district. In addition, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are also priorities in the district. Page 57 Planning Case #2022-11 (Johnson) Page 3 of 7 Per Code Sect. 12-3-5.B., uses within the MRCCA are generally determined by the underlying zoning. A swimming pool is considered an allowable accessory use for single-family residential uses in the R-1 District. There are no other special or conditional use permit required to approve such improvements; and no variance is being requested with this MRCCA permit request. Sect. 12-3-6.C., structures and impervious surfaces must not be placed in the shore or bluff impact zones (SIZ/BIZ), unless allowed by means of a specific exemption. No part of the swimming pool structure or related concrete decking is in or near any SIZ or BIZ. Per Code Sect. 12-3-12, the MRCCA Permit submittal must include a detailed site plan or survey that identifies any existing and proposed structures; existing and proposed contours; a stormwater management or erosion control plan; descriptions of soils and types; and a tree removal and landscape (replacement) plan. The survey/site plan must also identify any bluffs or steep sloped areas on or adjacent to the subject property, which may include any Bluff Impact Zones (BIZ) or Shore Impact Zones (SIZ). Applicants are also required to identify or map out any Significant Vegetative Stands, Vegetation Restoration Priority Areas or Native Plant Communities, referred to as Primary Conservation Areas (PCA), and provide any explanation or details if there are any planned impacts to these protected areas. As identified in the MRCCA Map image (above), this property does not contain any bluffs, steep slopes or shorelines; nor any significant and native plant areas; nor any restoration priority areas. Since the subject site does not contain any BIZ/SIZ or Significant/Priority Areas, a land alteration or vegetation management permit was not needed. The Site Plan identifies a number of large over-story and significant trees in the back yard, where the new pool is being proposed, which include a nice 24-inch oak; two – 24-inch maples; and three pines of 12, 20 and 24 inches respectively. The owners are fortunate to have an area open in this back yard space that should easily accommodate the placement of the pool, with no loss or removal of trees in the yard (see image – below). The Applicants have also submitted a Landscape Plan that illustrates the placement of two (2) new “Soft- scape” areas off each corner of the pool, with one area (“W”) comprised of native grasses, bluestem, butterfly milkweed, goldenrod, and strawberry plantings; while the other “Hillside-S” area will have native shrubs and perennials, such as red-twig dogwoods, sumac, prairie clover and silver sage. The plan also calls for the installation of two (2) new trees, to be either plum, silver maple, ironwood, or Japanese lilac. The plans also includes a row of wildflower/native pollinator mix plantings along the back of the home. Page 58 Planning Case #2022-11 (Johnson) Page 4 of 7 The construction of this new swimming pool will comply with all standards and regulations of City Code of Ordinances Ch. 9 -Building Regulations (Sect. 9-2-1: Swimming Pools) and Ch. 12 – Zoning. Although the plans do not show an enclosure, the outer perimeter of the swimming pool area or the rear yard must provide a security/safety fence of at least 5’- 6’ in height. The city would also recommend that any new lighting for the pool (if added) must include a down-cast/cut-off light feature, and all new lights must be directed down or towards the pool area only and away from any neighboring properties. The Applicant must also demonstrate the development of this site will not impact neighboring residential properties, and must ensure that proper and positive drainage is maintained during and after construction of the new pool. The new grades and slopes to be created around the new pool structure has been reviewed by the city staff and are deemed acceptable. All final grades and any other related improvement standards will be inspected and approved upon completion of the pool project. City staff feels this Survey/Site Plan and related information submitted with this MRCCA Permit appears to be all in order; and the information provided in the stormwater/grading/erosion plans appear to be accurate and acceptable for on-site stormwater management and erosion protection under this proposed pool project. The landscaping plan and identification of new planting and areas of improvements also appear appropriate and acceptable. Approval of this MRCCA Permit and allowing construction of this new in-ground swimming pool on the subject property, should have little, if any effect upon the Mississippi River Critical Area or the surrounding neighborhood and environment. INTERAGENCY REVIEW The city is required to give Minnesota Dept. of Natural Resources and National Park Service at least 20- day notice of any new MRCCA Permit application request. These notices were emailed (06/08/2022) directly to the appropriate DNR and NPS staff; and the city received responses from both agencies, indicating no comment or issues with the proposed pool improvement project. ALTERNATIVES 1. Approve the MRCCA Permit request to Elizabeth and Caleb Johnson and for 1903 Hunter Lane, to allow the installation of a new in-ground swimming pool and related improvements, based on the findings-of-fact that the proposed pool project is compliant with the policies and standards of the MRCCA Ordinance and City Code, and subject to certain conditions; or 2. Deny the MRCCA Permit request to Elizabeth and Caleb Johnson and for 1903 Hunter Lane, based on an alternative recommendation the application and project does not meet certain policies and standards of the MRCCA Ordinance and City Code, based on revised findings-of-facts as determined by the Planning Commission; or 3. Table the request; direct staff to work with the Applicants and allow more time to revise or refine the plans submitted for review, and/or provide additional information for the Planning Commission to further consider, and extend the application review period an additional 60 days, in compliance with MN STAT. 15.99. STAFF RECOMMENDATION Staff recommends approval of the proposed MRCCA Permit request from Elizabeth and Caleb Johnson and for 1903 Hunter Lane Alternative No. 1), with the following conditions: 1. A building permit must be approved prior to the commencement of any construction work on the swimming pool or related landscaping work. Construction work shall occur only between the hours of 7:00 am and 8:00 pm weekdays; and 9:00 am to 5:00 pm weekends. Page 59 Planning Case #2022-11 (Johnson) Page 5 of 7 2. Best efforts will be made by the Applicant’s contractor(s) to “come clean, leave clean” during the course of any construction work performed on the Subject Property in order to prevent the spread or contamination of invasive species to and from the property. 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. Full erosion and sedimentation prevention measures will be put in place prior to and during grading and construction work activities. 4. The pool area shall be enclosed with fencing, which shall be at least five feet (5'), but not exceeding six feet (6') in height to prevent uncontrolled access to the pool area. Said fence must have self- closing and self-latching gates with provisions for locking, and shall be completely installed prior to the filling of the pool and prior to the issuance of any C.O. or final inspection by the city. 5. Any new lighting for the pool must include down-cast/cut-off features that prevent glare or light spill-over, and all new lights must be directed down or towards the pool area only and away from any neighboring properties. 6. Any draining or back-flushing of water from pool shall be directed onto the Subject Property only. Any drainage onto public streets or other public drainage ways shall require permission of the Public Works Director. 7. All new trees and vegetation, including ground cover for restoring disturbed areas on the subject site, shall conform to the Landscape Plan - Exhibit D as presented, reviewed and approved under this MRCCA Permit application. 8. Prior to the release of any escrow payment, all disturbed areas in and around the project site shall be restored and have an established, protected and permanent ground cover immediately after the pool project is completed. Attachments x Applicant’s Letter of Intent -Narrative x Location Map – 1903 Hunter Lane x MRCCA Map – 1903 Hunter Lane x PCA’s Map – 1903 Hunter Lane x General Soils Map – 1903 Hunter Lane x Survey- 1903 Hunter Lane x Site and Grading Plan – 1903 Hunter Lane x Erosion Control Plans – 1903 Hunter Lane x Landscape Plans – 1903 Hunter Lane Page 60 Planning Case #2022-11 (Johnson) Page 6 of 7 FINDINGS-OF-FACT FOR APPROVAL Miss. River Corridor Critical Area Permit for 1903 Hunter Lane The following Findings-of-Fact are made in support of approval of the proposed MRCCA Permit request: 1. The proposed swimming pool project meets the general purpose, standards and regulations provided for an under the Mississippi River Corridor Critical Area (MRCCA) Overlay District and ordinances. 2. The proposed work and disturbance to construct this new swimming pool is deemed minimal, reasonable and within the spirit and intent of the MRCCA Overlay District. 3. The proposed swimming pool as proposed under this application can be considered a reasonable request and improvement to a typical single family residential use in the city’s R-1 One Family Residential District, and represents a valuable reinvestment in a residential neighborhood, which is consistent with the Comprehensive Plan’s goals for residential land uses; fits well with the current developed character of the neighborhood; and will be a nice addition to the neighborhood. 4. The proposed swimming pool 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. 5. The overall construction of this proposed swimming pool will comply with all standards and regulations of the City Code of Ordinances, including Chapter 9 Building Regulations (Sect. 9-2- 1: Swimming Pools) and CH. 12 Zoning, and other applicable ordinances. Page 61 Page 7 of 7 SITE PHOTOS – 1903 HUNTER LANE REAR YARD - LOOKING NORTHERLY LOOKING WESTERLY LOOKING SOUTHERLY LOOKING WESTERLY LARGE MAPLE / PINES NW’LY CORNER – OAKS & PINES Page 62 Page 63 Page 64 Page 65 634 367 338 220215259 100 196 191184170163 61151 14495 139 90134 136 125121 84 80 92 91 110 82 73109162 10710670 105101 67127 138 113575347 43 403837157 32 30292891612 11 5 10 220220127310973139 220100 9100 220105 8091220 22011318851889 1919 1903 1905 1190 1907 1199 1187 1936 1205 12001206 1902 1901 1942 1920 1908 1914 1933 1921 1935 1941 CULLIGAN LNGLENHILL RDHUNTER CT This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakot a County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1903 HUNTER LANE MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0100 SCALE IN FEET Legend Municipal Boundary MRCCA Boundary Bluff_Elem 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs Date: 6/9/2022 Page 66 634 367 338 220215259 100 196 191184170163 61151 14495 139 90134 136 125121 84 80 92 91 110 82 73109162 10710670 105101 67127 138 113575347 43 403837157 32 30292891612 11 5 10 220220127310973139 220100 9100 220105 8091220 22011318851889 1919 1903 1905 1190 1907 1199 1187 1936 1205 12001206 1902 1901 1942 1920 1908 1914 1933 1921 1935 1941 CULLIGAN LNGLENHILL RDHUNTER CT This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakot a County under the terms of that license. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inch resolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold or 1903 HUNTER LANE MENDOTA HEIGHTS, MN MRCCA MAP City of Mendota Heights0100 SCALE IN FEET Legend Municipal Boundary MRCCA Boundary Bluff_Elem 18% and 75 Degree Bluffs 18% over 25 ft Bluffs 20 ft bluff buffer 75 Degree Bluffs MRCCA Districts CA-ROS CA-RN CA-SR CA-RTC Water Date: 6/21/2022 Page 67 Mississippi River Corridor Critical Area Sublayers Legend MRCCA Boundary City and Township Boundaries Parcels MRCCA Primary Conservation Areas Natural Drainage Routes Shore Impact Zones Native Plant Communities Significant Existing Vegetative Stands Bluff Impact Zone Wetlands 100 Year Floodplain River Legend Light Gray Canvas    0 30 60ft  Zoom to b  1903 Hunter Lane County PIN 277770001030 Address Number 1903 Street Name Pre Directional Street Name Pre Type Street Name Pre Separator Street Name Hunter Street Name Post Type Lane Street Name Post Directional Page 68 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD+817(5/$1(62,/60$31DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRI 1 : 1 : 1 : 1 :10DSSURMHFWLRQ:HE0HUFDWRU&RUQHUFRRUGLQDWHV:*6(GJHWLFV870=RQH1:*6 )HHW0HWHUV0DS6FDOHLISULQWHGRQ$ODQGVFDSH[VKHHW6RLO0DSPD\QRWEHYDOLGDWWKLVVFDOHPage 69 0DS8QLW/HJHQG 0DS8QLW6\PERO 0DS8QLW1DPH $FUHVLQ$2,3HUFHQWRI$2, %:DGHQDORDPWRSHUFHQW VORSHVHURGHG &.DQDUDQ]LORDPWR SHUFHQWVORSHV 7RWDOVIRU$UHDRI,QWHUHVW 6RLO0DS²'DNRWD&RXQW\0LQQHVRWD +817(5/$1(62,/60$3 1DWXUDO5HVRXUFHV &RQVHUYDWLRQ6HUYLFH :HE6RLO6XUYH\ 1DWLRQDO&RRSHUDWLYH6RLO6XUYH\ 3DJHRI Page 70 0$3/(*(1'0$3,1)250$7,21$UHDRI,QWHUHVW$2,$UHDRI,QWHUHVW$2,6RLOV6RLO0DS8QLW3RO\JRQV6RLO0DS8QLW/LQHV6RLO0DS8QLW3RLQWV6SHFLDO3RLQW)HDWXUHV%ORZRXW%RUURZ3LW&OD\6SRW&ORVHG'HSUHVVLRQ*UDYHO3LW*UDYHOO\6SRW/DQGILOO/DYD)ORZ0DUVKRUVZDPS0LQHRU4XDUU\0LVFHOODQHRXV:DWHU3HUHQQLDO:DWHU5RFN2XWFURS6DOLQH6SRW6DQG\6SRW6HYHUHO\(URGHG6SRW6LQNKROH6OLGHRU6OLS6RGLF6SRW6SRLO$UHD6WRQ\6SRW9HU\6WRQ\6SRW:HW6SRW2WKHU6SHFLDO/LQH)HDWXUHV:DWHU)HDWXUHV6WUHDPVDQG&DQDOV7UDQVSRUWDWLRQ5DLOV,QWHUVWDWH+LJKZD\V865RXWHV0DMRU5RDGV/RFDO5RDGV%DFNJURXQG$HULDO3KRWRJUDSK\7KHVRLOVXUYH\VWKDWFRPSULVH\RXU$2,ZHUHPDSSHGDW:DUQLQJ6RLO0DSPD\QRWEHYDOLGDWWKLVVFDOH(QODUJHPHQWRIPDSVEH\RQGWKHVFDOHRIPDSSLQJFDQFDXVHPLVXQGHUVWDQGLQJRIWKHGHWDLORIPDSSLQJDQGDFFXUDF\RIVRLOOLQHSODFHPHQW7KHPDSVGRQRWVKRZWKHVPDOODUHDVRIFRQWUDVWLQJVRLOVWKDWFRXOGKDYHEHHQVKRZQDWDPRUHGHWDLOHGVFDOH3OHDVHUHO\RQWKHEDUVFDOHRQHDFKPDSVKHHWIRUPDSPHDVXUHPHQWV6RXUFHRI0DS 1DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\85/&RRUGLQDWH6\VWHP :HE0HUFDWRU(36*0DSVIURPWKH:HE6RLO6XUYH\DUHEDVHGRQWKH:HE0HUFDWRUSURMHFWLRQZKLFKSUHVHUYHVGLUHFWLRQDQGVKDSHEXWGLVWRUWVGLVWDQFHDQGDUHD$SURMHFWLRQWKDWSUHVHUYHVDUHDVXFKDVWKH$OEHUVHTXDODUHDFRQLFSURMHFWLRQVKRXOGEHXVHGLIPRUHDFFXUDWHFDOFXODWLRQVRIGLVWDQFHRUDUHDDUHUHTXLUHG7KLVSURGXFWLVJHQHUDWHGIURPWKH86'$15&6FHUWLILHGGDWDDVRIWKHYHUVLRQGDWHVOLVWHGEHORZ6RLO6XUYH\$UHD 'DNRWD&RXQW\0LQQHVRWD6XUYH\$UHD'DWD 9HUVLRQ6HS6RLOPDSXQLWVDUHODEHOHGDVVSDFHDOORZVIRUPDSVFDOHVRUODUJHU'DWHVDHULDOLPDJHVZHUHSKRWRJUDSKHG 0D\²-XQ7KHRUWKRSKRWRRURWKHUEDVHPDSRQZKLFKWKHVRLOOLQHVZHUHFRPSLOHGDQGGLJLWL]HGSUREDEO\GLIIHUVIURPWKHEDFNJURXQGLPDJHU\GLVSOD\HGRQWKHVHPDSV$VDUHVXOWVRPHPLQRUVKLIWLQJRIPDSXQLWERXQGDULHVPD\EHHYLGHQW6RLO0DS²'DNRWD&RXQW\0LQQHVRWD+817(5/$1(62,/60$31DWXUDO5HVRXUFHV&RQVHUYDWLRQ6HUYLFH:HE6RLO6XUYH\1DWLRQDO&RRSHUDWLYH6RLO6XUYH\3DJHRIPage 71 Page 72 Page 73 Page 74 Page 75 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JUNE 28, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 28, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. No absence. Approval of Agenda The agenda was approved as submitted. Approval of May 24, 2022 Minutes Commissioner Lorberbaum noted on page three, the fifth paragraph from the bottom, it should state, “…information about…” COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF MAY 24, 2022 WITH THE NOTED CHANGE. AYES: 6 NAYS: 0 ABSTAIN: 1 (PETSCHEL) Hearings A) PLANNING CASE 2022-11 ELIZABETH AND CALEB JOHNSON, 1903 HUNTER LANE – MRCCA PERMIT Community Development Director Tim Benetti explained that the Johnsons are seeking approval of a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new in ground swimming pool on their property, located at 1903 Hunter Lane. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Chair Field opened the public hearing. Page 76 Elizabeth Johnson, applicant, stated that they were happy to work with their contractors to find a location for the pool that would avoid tree removal. She stated that once they receive this approval, they would submit a separate fence permit and solidify plans for vegetation. Commissioner Johnson thanked staff for recommending the down lighting to ensure neighboring properties would not be impacted. She referenced the Japanese lilac tree listed as an option noting that is considered invasive and suggested that the applicant look at other option. Mrs. Johnson confirmed that they would be happy to look at one of their other options. Commissioner Johnson stated that during construction the existing trees should be fenced in order to protect those root systems from construction vehicles. She asked and received confirmation that the applicant is aware of the condition related to drainage of the pool only onto the subject property. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT, TO RECOMMEND APPROVAL OF THE MRCCA PERMIT REQUEST FROM ELIZABETH AND CALEB JOHNSON AND FOR 1903 HUNTER LANE BASED ON THE FINDINGS OF FACT THAT THE PROPOSED POOL PROJECT IS COMPLIANCE WITH THE POLICIES AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OR 7 A.M. AND 8 P.M. WEEKDAYS; AND 9 A.M. TO 5 P.M. WEEKENDS. 2. BEST EFFORTS WILL BE MADE BY THE APPLICANT’S CONTRACTOR(S) TO “COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF ANY CONSTRUCTION WORK PERFORMED ON THE SUBJECT PROPERTY IN ORDER TO PREVENT THE SPREAD OR CONTAMINATION OF INVASIVE SPECIES TO AND FROM THE PROPERTY. 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. FULL EROSION AND SEDIMENTATION PREVENTION MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND CONSTRUCTION WORK ACTIVITIES. Page 77 4. THE POOL AREA SHALL BE ENCLOSED WITH FENCING, WHICH SHALL BE AT LEAST FIVE FEET, BUT NOT EXCEEDING SIX FEET IN HEIGHT TO PREVENT UNCONTROLLED ACCESS TO THE POOL AREA. SAID FENCE MUST HAVE SELF-CLOSING AND SELF-LATCHING GATES WITH PROVISIONS FOR LOCKING AND SHALL BE COMPLETELY INSTALLED PRIOR TO THE FILLING OF THE POOL AND PRIOR TO THE ISSUANCE OF ANY C.O. OR FINAL INSPECTION BY THE CITY. 5. ANY NEW LIGHTING FOR THE POOL MUST INCLUDE DOWNCAST/CUT-OFF FEATURES THAT PREVENT GLARE OR LIGHT SPILL-OVER, AND ALL NEW LIGHTS MUST BE DIRECTED DOWN OR TOWARDS THE POOL AREA ONLY AND AWAY FROM ANY NEIGHBORING PROPERTIES. 6. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE DIRECTED ONTO THE SUBJECT PROPERTY ONLY. ANY DRAINAGE ONTO PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE PERMISSION OF THE PUBLIC WORKS DIRECTOR. 7. ALL NEW TREES AND VEGETATION, INCLUDING GROUND COVER FOR RESTORING DISTURBED AREAS ON THE SUBJECT SITE, SHALL CONFORM TO THE LANDSCAPE PLAN – EXHIBIT D AS PRESENTED, REVIEWED AND APPROVED UNDER THIS MRCCA PERMIT APPLICATION. 8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED. FURTHER DISCUSSION: COMMISSIONER PETSCHEL REFERENCED CONDITION EIGHT, NOTING THAT HE HAS NOT YET SEEN THAT TYPE OF CONDITION. COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF PROPOSES THAT CONDITION BECOME STANDARD GOING FORWARD TO PROVIDE A REMINDER TO APPLICANTS. AYES: 7 NAYS: 0 Chair Field advised the City Council would consider this application at its July 5, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti stated that there are three applications on the docket for the July meeting; and gave reminder on the Thursday PC Workshop meeting. Adjournment COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO ADJOURN THE MEETING AT 7:18 P.M. AYES: 7 NAYS: 0 Page 78 Request for City Council Action DATE: Jul y 5, 2021 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director Cheryl Jacobson, City Administrator SUBJECT: Establish Budget Work Session Dates INTRODUCTION The City Council is asked to establish three work session dates in August to discuss proposals for the FY2023 budget. BACKGROUND It is expected that staff will have budget proposals ready to be distributed for discussion the first week of August. The City Council usually establishes up to three work sessions to review the proposals. In prior years, the work sessions have been in the afternoon, typically from 1:30 to 3:30 PM. Based on the city’s calendar and room availability possible dates are: August 17, August 18, August 22, August 23 and August 24. Additional dates the week of August 29 may be considered depending on need for a third meeting and councilmember’s availability during the identified possible dates. The preliminary budget must be approved by the city council by September 30. ACTION REQUESTED The Council should decide meeting dates and times for the FY23 budget work sessions. 9b. Page 79