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2017-11-21 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 21, 2017 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilmembers Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items b.) Acknowledge October 10, 2017 Parks and Recreation Commission Meeting Minutes and £) Approval of Ordinance 516 No Parking on Cygnet Lane. a. Approval of November 7, 2017 City Council Minutes b. Acknowledge October 10, 2017 Parks and Recreation Commission Meeting Minutes c. Acknowledge September 13, 2017 Airport Relations Commission Meeting Minutes d. Approval of Wetland Delineation for 954 Wagon Wheel Trail e. Approval of Wetland Delineation for Ivy Hills Park f. Approval of Ordinance 516 No Parking on Cygnet Lane g. Approval of Ordinance 517 Through Streets and Stop Streets in Somerset Neighborhood h. Approval of Amended Joint Powers Agreement for Recycling Coordinator Services i. Awaxd Professional Services Contract for the Ivy Hills Park Pond Improvements j. Approval of Resolution 2017-97 Deferring Assessment at 2552 Concord Way November 21, 2017Mendota Heights City Council Page 1 of 7 k. Approval of Resolution 2017-98 Certifying Delinquent Sewer Accounts 1. Approval of Resolution 2017-99 Certifying Delinquent Water Accounts m. Acknowledgement of October 2017 Fire Synopsis n. Approval of October 2017 Treasurer's Report o. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM B) ACKNOWLEDGE OCTOBER 10, 2017 PARKS AND RECREATION COMMISSION MEETING MINUTES Councilmember Duggan expressed his desire for the Parks and Recreation Commission to continue discussions regarding pickleball, to find at least one more location for this activity. Councilmember Duggan moved to acknowledge Ociober 10, 2017 Parks and Recreation Commission meeting minutes. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF ORDINANCE 516 NO PARKING ON CYGNET LANE Councilmember Petschel moved to table Ordinance 516 No Parking on Cygnet Lane until such time that the Traffic Safety Committee has had a chance to review the request and hear the neighbors' concerns. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Duggan) PUBLIC COl��IlV1ENTS Mr. Robert Diedrich, 2178 Lemay Lake Drive, President of the Augusta Shores Homeovmers Association, read a letter expressing the Association's concerns about the Michael Development project planned for 2160 and 2180 Highway 13. The primary areas of concern are approval of rezoning to HR- PUD status, violation of existing ordinances, maintaining the character of Mendota Heights, the additional traffic from the new development, the need for a traffic impact study, and government transparency and communication to the residents. Mr. Steve Treichel, 2174 Lemay Lake Drive, asked if Michael Development provided a traffic impact statement for the project area. He asked if the Council considered the potential damage from the Mendota Heights Apartments development to Lemay Lake. He noted that Lake Augusta used to be a clear water lake and now is polluted beyond reclamation. This could happen to Lemay Lake. Novenaber 21, 2017 Mendota Heights City Council Page 2 of 7 Mr. Michael Swenson from Michael Development addressed the concerns about the Mendota Heights Apartments development. The visibility for vehicles exiting the Augusta Shores development is going to be better than it is now. The trees and plant growth are going to be cut back and visibility will be better for people making a right- or left-hand turn. In terms of the water runoff from the development, the water from the entire site will be captured by stormwater capture ponds and will flow into the stormwater sewer system. This system is designed by the state, the city, and the architects. Also, the water that falls onto the grass and parking lot area is designed to go into these ponds. Therefore, there will be less water entering the lake from this area. The only water that would run into the lake is the rain that falls onto the steep slope. In regards to the traffic assessment, Michael Development has not done a study and has not been requested to do one. However, the traffic numbers mentioned sound high. If those numbers axe from an actual study, he would like to see it. If he can do anything to mitigate the concern, he certainly would. This is a project that will bring good people to the neighborhood; they are screened and will have a clean background and clean record. Mr. Tom Hanschen, 2158 Lemay Lake Drive, stated he moved here because of the quiet neighborhood. He does not want to live near high development. He knows things change; however, this is not what is needed in Mendota Heights. If they do this and become like Eagan or Burnsville, then why have Mendota Heights. He pleaded with the Council to vote against the final plat for Mendota Heights Apartments. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-95 APPROVE FINAL PLAT-MENDOTA HEIGHTS APARTMENTS 2160 AND 2180 HWY 13 Community Development Director Tim Benetti explained the final plat application for Michael Swenson for 2160 and 2180 Highway 13, for which the preliminary plat was approved on September 5, 2017 by Resolution 2017-69. As part of this, but under a different application process, was the Hilltop Avenue right-of-way dedication that was vacated and rededicated into the plat. The final plat is consistent with and an accurate reflection of the preliminary plat. Mr. Benetti shared an image of the final plat. Lot 1 is 2.974 acres and Lot 2 is 2.477 acres, with two right-of-way dedications for the Minnesota Department of Transportation (MnDOT) right-of-way as part of the Highway 13/Highway 55 frontage road systems. Councilmember Miller noted that the finished plat does not appear to have the MnDOT required right turn lane. Mr. Benetti replied that the dedicated turn lane is still part of the site plan review and not part of the plat. It is a dedicated right-of-way at this point but the right-hand turn lane does not go away, it is part of the plan for approval. Novenaber^ 21, 2017 Mendota Heights Ciry Council Page 3 of 7 Councilmember Miller stated that it appears that the developer has already started to remove the old buildings from the site, despite the fact that the Council has not yet voted on the final plat, and the City is facing litigation on this issue. He questioned if this vote was in the City's best interest at this time and if it was legal to do so. City Attorney Tom Lehmann replied that he posed this question to the attorney representing the City from the League of Minnesota Cities, who was retained by the insurance carrier for the City with regards to the litigation. That attorney indicated to him that he did not see any legal reason why the City could not take this action tonight. Councilmember Petschel asked City Attorney Lehmann, because the City is in the middle of possible litigation, to give an opinion on what the Councilmembers would be allowed to say publicly. City Attorney Lehmann advised the Council that anything that is said in a public meeting, that could be construed as an admission or taken as something in adverse to the interest of the City, would not be in its best interest and strongly advised that not be done. He reminded the members that they have a fiduciary responsibility to the citizens of the City and they should be very cautious in making any statements other than statements specific to this final plat approval. Councilmember Duggan suggested that whatever statements and questions the Councilmembers may have be deferred and given to the City Attorney and then he can provide his opinion on what should or should not be said or asked. City Attorney Tom Lehmann replied that the idea of ruruling everything by the attorney makes sense. The Council could hold a closed meeting to obtain the attorney's input and to ask them questions. The idea of tabling the motion on the final plat until that time is a policy decision. Mr. Lehmann stated his concern and direction is that there not be any conversations relative to the actions of what the City has done or not done in this case relative to the pending litigation. The Council can discuss the final plat approval and questions regarding that at this point; however, anything that delves into the area of the pending litigation should be done in a closed session. Councilmember Duggan stated that he was going to go forward with his comments and questions and would leave it up to the City Attorney to interrupt or inform him if he was out of order. Councilmember Duggan pointed out that the final plat material calls for acceptance of all agreements. He stated that he was unsure if Council had received all of the agreements — regarding basic improvements, public dedication, and other requirements as indicated by the Council. He believes it is better they be addressed now for transparency. Councilmember Duggan stated that the final documents, measurements showing sizes and distances, were not submitted to the Council until the end of June 2017. A public hearing on this project was held August 22, 2017. The Council deliberated two weeks later and approved all of the requests in that proposal going forward by a 3-2 vote. The City gave the developer a rezoning from B-3 to HD-PUD — that was a significant give on the part of the City. The City provided tax increment iinancing money of approximately $75,000 a year for nine years for cleaning up the site. He questioned what the City has received in return. The City vacated unused right-of-way for Hilltop Avenue, which, without it, it would have been a challenge for this development. November 21, 2017 �llendota Heiglzts City Council Page 4 of 7 Councilmember Duggan asked for valid reasons for lowering the rear yard, side yard, front yard setbacks, and legal reasoning for lowering the setback between the two buildings. Councilmember Duggan asked for the reasons for granting additional (almost 50%) impervious surface, and asked for the required traffic study by the developer prior to approval. Councilmember Duggan stated that he was not against this land being developed; however, he was against a development of this size. If this goes forward, what impact would that be on future developments that want the same consideration. Councilmember Duggan continued by stating that concerns have been raised regarding the one ingress and egress to the site, which would add 1,100 trips a day. Documentation of the staff responses to MnDOT letters of June 29 about noise from the traffic, odors from the traffic, and permits — he was unsure if they had been addressed satisfactorily. He reiterated that he has major issues and concerns and does not think that anything should be done until all of these have been satisfactorily addressed to this Council as predetermined by the attorney. Councilmember Paper listed some of things that have brought the City to this point, the number of and types of police calls to this area — the City is eliminating these. Councilmember Paper reiterated the timeline of this project and how it has remained consistent throughout. The Council has been vetting this in an open meeting environment from the beginning. In his opinion, the City is about to receive a nice project from a developer that does not build and then walk away. The developer has every reason to take care of his property and be a part of this for the long term; based on his business model. Mayor Garlock stated that, statistically, 241 calls for service at a location over the last four years was unsafe and the type of activity that was going on at this location was not the way he envisioned Mendota Heights to be; this site had been a blight issue for years. He believed this was a good use of that property and believes that Michael Development has made the adjustments the City has requested. The entire process has been transparent. This will be an improvement for the area. Councilmember Petschel said that she had a long list of points that she wanted to make, many of them the same as what was mentioned by Councilmember Paper and Mayor Garlock regarding the iteration that this plan is no different than it was on February 9th when it was first presented. She resents the fact that there is a small number of residents that have put her in a position where she could not speak. She expressed her support for the comments provided by Councilmember Paper and Mayor Garlock. Councilmember Duggan stated that no one has been against a plan for this area and the elimination of the motel and the cleanup of the Larsen site. However, there are sizes, there are rules, there are regulations, and there are ordinances. Councilmember Duggan expressed his belief that the community is being ignored. The City was given a concept initially; then when they were finally given the numbers they were not right for the site. He was not saying to do away with this particular development; but there must be a smaller development that would work. It is the developer's job to ensure the development fits within the ordinance language of the City. Novenaber 21, 2017 Mendota Heights Ciry Council Page 5 of 7 Councilmember Duggan's final request was for someone to point out to him when and where the Council approved the Development Agreement for this project. The City is a little gem that was bound to be discovered; however, that does not mean it needs to be destroyed. If approved, the Council will be setting precedents for things they have no clue about down the line. This does not need to happen; they can still satisfy a proposal that is a little bit smaller and appropriate for the area. Councilmember Duggan moved that the Council postpone any decision on the Mendota Heights Apartments development until such time as the Council has written answers clearly delineating the questions that have been raised and could be raised. Councilmember Miller seconded the motion. Ayes: 2 (Duggan, Miller) Nays: 3 (Paper, Petschel, Garlock) Councilmember Petschel moved to adopt RESOLUTION 2017-95, APPROVING THE FINAL PLAT OF MENDOTA HEIGHTS APARTMENTS, GENERALLY LOCATED AT 2160 AND 2180 HIGHWAY 13. Councilmember Paper seconded the motion. Councilmember Duggan, for a point of order, asked if there was not normally discussion on motions. City Attorney Tom Lehmann replied that was a prerogative of the Council. Mayor Garlock asked if the Council felt that they have had enough discussion on this matter. Councilmember Duggan asked if they had total satisfaction going forward with the action they are proposing. Indications given were that they were satisfied. Mayor Garlock called the vote. Ayes: 3 (Paper, Petschel, Garlock) Nays: 2 (Duggan, Miller) COMM�INITY ANNOUNCEMENTS Assistant City Administrator Cheryl Jacobson announced that registration is now open for ice skating lessons through the City's recreation programs. COUNCIL COMMENTS Councilmember Petschel commended staff on the excellent quality of the Heights Highlights. She expressed congratulations to the Visitation Girls Swimming Team on winning State. She wished everyone in Mendota Heights a wonderful and happy Thanksgiving. Councilmember Miller echoed the sentiments that Councilmember Petschel made about the Visitation swimming team and about having a Happy Thanksgiving. He also wished everyone safe travels. Councilmember Paper noted that there were several local football players who made the Academic All- State Team, two from St. Thomas Academy and one from Henry Sibley. Happy Thanksgiving to everybody. Novenzber 21, 2017 Rlendota Heights City Council Page 6 of 7 Councilmember Duggan requested an update on the facilities study; where it is at and what is being determined. He would like the Council to revisit the idea of continuing the annual bonfire and fireworks display and the benefits to the community. Each could be done on a smaller scale. He also mentioned Mendota Heights Road and said that whatever disaster it may have been before, it is worse now. Supposedly they are going to put a new overlay or something on it eventually; however, right now it is a disaster. He complimented the people involved in the Comprehensive Plan. He would like for the Council to receive copies of the discussion up to this point so they could be reviewing those in a timely manner. Councilmember Duggan continued by noting that the Rosemount High School Band is going to be in the Macy's Thanksgiving Day Parade and the Henry Sibley High School Band will be officially representing the State of Minnesota in Washington D.C. Independence Day Parade next July 4ti' He concluded his comments by reading a poem —"Getting the SMB to DC". ADJOURN Mayor Garlock moved to adjourn. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:00 p.m. ATTES • � Lorri Smith City Clerk ���� � Neil Garlock Mayor Novenaber 21, 2017 Mendota Heights City Council Page 7 of 7