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2016-07-19 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 19, 2016 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel. Councilmember Norton joined the meeting at 7:04 p.m. PLEDGE OF ALLEGIANCE Mayor Krebsbach noted that the Pledge of Allegiance was written in 1892 as a way to symbolize and create unity in the nation. The Council, audience, and staff recited the Pledge of Allegiance. MOMENT OF SILENCE In memory of Officer Scott Patrick (EOW July 30, 2014) Mayor Krebsbach stated that two years ago, on July 30th, the City of Mendota Heights was forever changed when one of our Police Officers, Scott Patrick, was shot and killed while performing a traffic stop on Dodd Road. The Scott Patrick Memorial Committee, including his family, has chosen to remember Scott Patrick each year with a moment of silence at the City Council Meeting which is closest to, and in advance of, the anniversary of that fateful July 30tH A moment of silence was held in honor of slain Police Officer Scott Patrick. Mayor Krebsbach informed the public that the wreath and the portrait of Scott Patrick, painted by Michael Bellotti, would be in the Council Chambers for 24 hours if anyone wanted to stop by for a moment of silence. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 July 19, 2016 Mendota Heights City Council Page 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling item f) Approval of Claims List. a. Approval of July 6, 2016 City Council Minutes b. Approval of July 6, 2016 Council Workshop Minutes c. Approval of Temporary Liquor License for Holy Family Maronite Church for Sept 11, 2016 d. Approve Resolution 2016-61 Amending Resolution 2016-56 Accepting Work and Approving Final Payment for Job #200514, Sibley Memorial Trail e. Approve Resolution 2016-60 Accept Work and Approve Final Payment for Job #201505, 2015 Sewer Rehab Project f. Approval of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVAL OF CLAIMS LIST Councilmember Duggan asked if the Towmaster dump truck accessories of $87,901 was within budget. Staff replied that the amount was as approved earlier this year. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 There were no public comments. None scheduled. None scheduled. July 19, 2016 Mendota Heights City Council PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING Page 2 NEW AND UNFINISHED BUSINESS A) ACTIONS RELATED TO MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT MINNESOTA INVESTMENT FUND GRANT AND LOAN FOR PRIME THERAPEUTICS, LLC City Administrator Mark McNeill explained that Prime Therapeutics, LLC is a company that deals with online pharmaceutical orders and is owned by several not-for-profit Blue Cross and Blue Shield plans, subsidiaries or affiliates. It has more than 2,400 employees in Minnesota and is located across I-494 in Eagan. The company has outgrown their Eagan location. In June 2015, the Council authorized the City to apply for economic assistance from the State of Minnesota Department of Energy and Economic Development to help Prime Therapeutics move into a new location located at 1440-1444 Northland Drive. The property is approximately 97,000 square feet and has been vacant for nearly five years. Prime Therapeutics has made more than $9 million in improvements, with site and building improvements in excess of $4 5 million, which will positively impact taxable property values. In exchange for agreeing to create 125 new jobs over the next two years, the State of Minnesota is authorizing two economic incentives; 1) $500,000 forgivable loan; and 2) a $750,000 grant. Both of these would be through the Minnesota Investment Fund. The jobs to be created will pay a minimum of $16/hour and another $4/hour of added benefits. The State does not give incentive monies directly to the beneficiary. It goes to the City as the conduit. The City will need to process an annual report and make sure that everything in the agreement is being provided. The City Council needs to approve the Security Agreement and two additional documents: 1) contract for the grant and 2) forgivable loan. These have all been reviewed by the City Attorney's office. Mayor Krebsbach noted that the Council reviewed this thoroughly last June, when the agreement was approved, but asked if there was anything additional the Council should be aware of. Administrator McNeill replied that there were no additional details to be reviewed. Councilmember Petschel moved to approve Minnesota Investment Grant Fund Contract CDAP-15- 0015-H-FY16, with the State of Minnesota Department of Employment and Economic Development Business and Community Development Division. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to approve Loan Agreement for the Minnesota Investment Fund, with the Minnesota Department of Employment and Economic Development. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to approve the Security Agreement with Prime Therapeutics LLC. Councilmember Norton seconded the motion Ayes: 5 Nays: 0 July 19, 2016 Mendota Heights City Council Page 3 Councilmember Petschel asked Ms. Liz Frank from Prime Therapeutics if they are a provider, for United Health. Ms. Frank replied that Prime is owned by fourteen Blue Cross and Blue Shield plans, subsidiaries or affiliates of those plans; however, they do serve some small businesses. B) ORDINANCE 498 AMENDING TITLE 12, CHAPTER 1 OF THE CITY CODE CONCERNING B-1 LIMITED BUSINESS DISTRICT CONDITIONAL USES Mayor Krebsbach noted that the goal here is to see how the City can meet the needs of the property owner and also not have a negative impact city-wide. Planner Nolan Wall explained that in Planning Case 2016-23, the applicant was requesting amendments to Title 12 -1F -1-B of the City Code concerning conditional uses in the B-1 Limited Business District. This item was tabled at the July 6, 2016 City Council meeting. Staff was directed to include additional conditions for the office/warehouse use component of the proposed amendment. Planner Wall then explained the location and amenities of the property in question. The applicant's original use of the building was as a gymnastics facility which was later converted to an office/warehouse use, neither of which are currently permitted in the B-1 district. Staff provided additional conditions for consideration of an office/warehouse use within the current B-1 district. These proposed conditions were added in order to address the potential impact that this use might have on the surrounding properties as well as the additional B-1 zoned properties in the city. Another solution that was discussed was potentially rezoning this property to Industrial. However, that is not part of this current request that is before the Council. Planner Wall shared a zoning map and stated that the property is zoned B-1 and is located just to the south of an R-3 zoned district; it is also located adjacent to other Industrial zoned areas but also office and residential uses. If the property were to be rezoned to Industrial, staff does propose that a code amendment be pursued, which would allow for warehousing and distribution adjacent to residential uses. Specific to this property, because it is located adjacent to residential uses, staff feels that it would be necessary to have some additional code amendments that seek to limit any potential issues that might arise from a warehouse use being adjacent to a residential use. Those potential impacts could be noise, traffic, loading and unloading, hours of operation, and lighting. In addition it was noted that the Industrial district does already allow for business and professional uses as a permitted use, as well as commercial recreation as a conditional use. Staff recommended that the applicant withdraw the current application requiring a Code change to allow new uses in the B-1 zoning district, and a new ordinance be considered to rezone the subject parcel to I - Industrial and amend the City Code to establish additional conditions for a warehouse use adjacent to a residential use in the I -Industrial District. This would allow for both potential uses being proposed in this case and does not subject other B-1 properties to unintended consequences. However, rezoning and the recommended code amendment do constitute new requests that must be properly noticed and reviewed by the Planning Commission. Since the Council did imply at the last meeting that this would be an option worth further consideration, staff did go ahead and submit the required public hearing July 19, 2016 Mendota Heights City Council Page 4 notice so that the cases could be heard at the July 26, 2016 Planning Commission meeting. In addition, if the property were to be rezoned, the future land use map that is in the Comprehensive Plan would need to be amended. That would be a separate action before the Planning Commission and City Council and would be included as a potential condition of approval. Mayor Krebsbach asked if the Council went with the rezoning would they have to deny the Ordinance request. Planner Wall replied that if the applicant were agreeable to rezoning the property, a simple letter from him indicating that he is withdrawing the application would be required. No further action would be required by the City. Councilmember Duggan asked how likely is it that the Metropolitan Council would accept a rezoning of the property. Planner Wall replied that he spoke with a representative from the Metropolitan Council and it was noted that this would not require an additional agency review or adjacent jurisdiction review. Therefore, the timeline to review would be significantly less. Mayor Krebsbach expressed her desire to rezone the property as it makes it possible for the landowner to have the use he may already in some ways have without impacting the rest of the City. Councilmember Duggan asked if this is considered spot zoning. Planner Wall replied that the property is located near an Industrial zoned property; near enough to not cause any spot zoning issues. Councilmember Povolny expressed his desire to rezone the property. Councilmember Petschel agreed, and noted that the location of this property is very conducive to protecting the neighbors from truck traffic. Property owner, Mr. Sean Carey of 665 Arcadia Drive, came forward and stated that the rezoning sounds very positive for what he intends to do with the property. Councilmember Norton moved to table Ordinance 498 Amending Title 12, Chapter 1 of the City Code Concerning B-1 Limited Business District Conditional Uses and directed staff to bring forward the necessary Code amendment to rezone the property, once the appropriate letter has been received from the applicant indicating their intent to withdraw the current application. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) APPROVE JOB DESCRIPTION AND AUTHORIZE ADVERTISEMENT FOR POLICE COMMUNITY SERVICE OFFICER/STUDENT INTERN Chief of Police Michael Aschenbrener explained that the hiring of a Police Community Service Officer/Student Intern was part of the process that was started after the strategic planning review of the Police Department. Staff was seeking authorization to begin the process, with the goal of this new person starting around October 1, 2016. Recruiting efforts would target the first two to three weeks of the new school year. The position would be advertised through schools' student offices and job placement centers. July 19, 2016 Mendota Heights City Council Page 5 Mayor Krebsbach noted that there was an extensive article in the Star Tribune about the training of Minnesota Officers, written by a professor from Hamline One of his concerns was that officers do not go through a Police Academy. However, she thinks this would be a very good position in terms of giving future officers direct experience. One of the most challenging duties for this position would be enforcing city ordinance violations related to property management and outside storage. There might be other types of work as well; i.e. signage violations. Councilmember Duggan moved to approve the position description and authorize staff to take the steps necessary to hire a Community Service Officer/Student Intern. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) PARK SHELTER RE -ROOFING DISCUSSION City Administrator Mark McNeill explained that one of the items in the Capital Improvement Plan (CIP) for this year is to re -roof the eleven park shelters scattered throughout the City. The cedar shake roofs are original and have not been replaced since they were constructed more than 25 years ago. Staff went out to obtain bids to replace the cedar shake roofs with like materials and received one bid. This was discussed with the Parks and Recreation Commission last week and they asked if the roofs could be replaced with asphalt shingles instead of cedar. Staff investigated and found that it is hard to get a warranty for cedar; however, it is a natural product and the life expectancy is approximately 25 years. A warranty on asphalt is 10 years and then a pro -rated warranty for the remainder of the 50 years of expected life. One of the major selling points for cedar is the appearance. City Hall had cedar shingles until it was reroofed with asphalt in 2006. Another factor is cost. The one bid received for cedar was approximately $50,000 and, depending on the grade chosen, asphalt would be approximately one-half or $25,000. Councilmember Povolny stated that he would be in favor of a better quality asphalt shingle. Councilmember Petschel agreed, as did Councilmember Norton. Mayor Krebsbach noted that previous Councilmember Jack Vitelli invested time researching in the decision of City Hall going with the asphalt shingles. Staff was directed to obtain bids on the straight versus sculptured asphalt shingles and high quality versus medium quality. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • Highway 13 is closed east of Wachtler and will remain closed until Labor Day to facilitate slope repairs July 19, 2016 Mendota Heights City Council Page 6 • August 2nd is National Night to Unite • The State Primary is August 9 and General Election is November 8 • Concerts at the Village continue. Scheduled for July 20 is "Pat Donahue and Prairie All -Stars" • A Native Plant Tour is scheduled for July 27, 6:30 pm, at the planting area on the Victoria Road bike path. It will be hosted by a Master Gardener from Dakota County Master Gardeners. COUNCIL COMMENTS Councilmember Duggan expressed his appreciation to staff for arranging the tour of The Chase at Nine Mile Creek apartments in Hopkins. He also commented that he had the pleasure of going to see South Pacific at the Guthrie and highly recommended it. Councilmember Povolny stated that his fishing trip was fun, but very slow and windy. Councilmember Petschel reminded everyone that most drownings in Minnesota occur during the month of July. It is a time to be vigilant. The Chief shared with her that, in most cases, drownings are silent. Councilmember Petschel mentioned that she has received phone calls from residents who want to install solar panels and are finding Mendota Heights' requirements to be challenging because of the short building season. She recommended this process be reviewed to make it more practical if all of the conditions are met. Mayor Krebsbach requested that Planner Nolan Wall have something before the Council in August so it could be publically discussed. Mayor Krebsbach noted that she was at the funeral of Senator James Metzen, who served this district longer than he was married. Eulogies were given by his brother David Metzen, a Mendota Heights resident, and Tom Pugh — who he served with early in the legislature. She also mentioned that she is interested in hearing from residents who wish to start a Mendota Heights Community Foundation. This would be a way for residents to support the parks or support other purposes for Mendota Heights. As requested by Councilmember Duggan, City Administrator Mark McNeill stated that the flag over City Hall would be flown at half-staff on Saturday, July 30. He has not heard anything about other types of memorial or commemorative activities in honor of Police Officer Scott Patrick. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 July 19, 2016 Mendota Heights City Council Page 7 Mayor Krebsbach adjourned the meeting at 7:52 p.m. Sandra Krebsbach Mayor TTEST:� Lorri Smith City Clerk July 19, 2016 Mendota Heights City Council Page 8