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2018-04-03 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 2018 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items h) Approve Resolution 2018-28 Supporting Dakota County Request for State Bond Funding for the Safety and Mental Health Alternative Response Training Center. a. Approval of March 20 , 2018 City Council Minutes b. Acknowledge the February 27, 2018 Planning Commission Meeting Minutes c. Approve Purchase of Installation Enhanced Visibility Pedestrian Crossing Signs d. Approve No Loss Determination for the Ivy Hills Park Pond e. Approve Resolution 2018-26 Final Payment and Acceptance of the 2017 Sanitary Sewer Rehabilitation Project f. Approve Joint Powers Agreement with Dakota County for Electronic Pollbooks g. Approve Ordinance 521 Moratorium on Massage Establishment and Therapist Licenses h. Approve Resolution 2018-28 Supporting Dakota County Request for State Bond Funding for the Safety and Mental Health Alternative Response Training Center i. Approve Training Request for the Police Department April 3, 2018 Mendota Heights City Council Page 1 of 10 j. Update on the City's 2017-18 Goals k. Acknowledge February 2018 Fire Synopsis 1. Approval of February 2018 Treasurer's Report m. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM H) APPROVE RESOLUTION 2018-28 SUPPORTING DAKOTA COUNTY REQUEST FOR STATE BOND FUNDING FOR THE SAFETY AND MENTAL HEALTH ALTERNATIVE RESPONSE TRAINING CENTER Councilor Petschel asked Chief of Police Kelly McCarthy to explain this request. Chief McCarthy stated that the law enforcement and fire agencies of Dakota County would like to consolidate their resources and create this SMART training center in Inver Grove Heights. There is a newer law that dictates that 16 hours of officer training must be spent in de-escalation and crisis intervention. Currently, the leading provider of that training (Minnesota Crisis Intervention Team) does not have a home base. The Sheriff's office has proposed to create this center to house the Minnesota CITs so they can utilize the space for training. The county could also place other shared resources here, such as the Drug Task Force and the Electronics Crime Unit. This would help the force, not only with their crisis intervention training, but with other training needs. Councilor Petschel stated that the partnership the city has with the Dakota County Sheriffs Department is very important. The issue with the Electronic Crimes Task Force is the lack of space. She stated that this is not just about Dakota County but is very much about the City of Mendota Heights. Councilor Petschel moved to adopt Resolution 2018-28 Supporting Dakota County Request for State Bond Funding for the Safety and Mental Health Alternative Response Training (SMART) Center Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS Mr. Robert Dietrich, 2178 Lemay Lake Drive, stated that over the past couple of years there has been a bias with the Planning Commission and the City Council towards spot zoning and high density development. This appears to be in conflict with the needs and the desires of the citizens of Mendota Heights. At the last Planning Commission meeting, no residents in attendance were in favor of the high density PUD's that have been going up in the last couple of years. One of the most frequent issues that came up in the meeting was in relation to traffic and infrastructure. There was concern about the current stressed nature of our roads and infrastructure. The traffic study that was completed was revealing. There are some much stressed traffic areas. To add additional high density housing with no change to infrastructure, specifically roadways, is creating more problems in an already stressed situation. April 3, 2018 Mendota Heights City Council Page 2 of 10 So if the Planning Commission and the Council still feel that these high density developments are necessary for Mendota Heights, the case should be made and endorsed by the citizens and made as part of the Comprehensive Plan. Residents utilize the Comprehensive Plan as a guide when making major financial decisions 011 where to move, what house to purchase, where to live in Mendota Heights. Mr. Bernard Friel, 750 Mohican Lane, stated that he believes the city is going to find out what a monumental error it was to permit the development in The Plaza of 138 new housing units, that can only be exited on one public street and a private roadway. This will be compounded with the Viking development traffic. He said that fire protection will be in jeopardy. Ms. Julie Schnell, 2354 Lemay Shores Drive, stated she loves her neighborhood and her home. She feels ashamed as she was completely oblivious to the Michael's Development and The Plaza development. She is against this. She believes Mendota Heights to be a gem and is so grateful to be a part of the community. Ms. Cindy Mullan, 2170 Lemay Lake Drive, stated she was disappointed by the spot zoning that is going on. They moved here for the green space and quality of life. There is a trail system that crosses Highway 13 that she walks. She has to wait a long time to cross Highway 13 because of the curve in the road and the speed zones are not adhered to. She stated there has been no thought to the trail system nor to the green space. Mr. Tom Hanschen, 2158 Lemay Lake Drive, stated that he is in favor of the Michael Development; however, he said that it should be in Eagan. Mr. Brad Wallace, 715 Linden Street, explained that he just attended the Council's work session. In regards to the vacant lot at Maple Street in The Village, he thanked the Council for talking about discussing the usage of the vacant lots with the merchants and the neighbors as he believes this to be important. He would like to see The Village be successful. Having amenities adds to the quality of life here. He expressed his appreciation when the Council pushed back on the Orchard development and gave the developer many opportunities to create something that would fit the neighborhood. The neighborhood in The Village would ask the Council to adhere to the same criteria. The neighborhood would get on board with something that would fit the area. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. April 3, 2018 Mendota Heights City Council Page 3 of 10 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-29 APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN —AND — ACCEPTING FINDINGS AND RECOMMENDATIONS FROM THE PLANNING COMMISSION REGARDING THE MENDOTA HEIGHTS APARTMENTS PLANNED UNIT DEVELOPMENT (REF. PLANNING CASE NO. 2018-09) Community Development Director Tim Benetti explained that the Council was being asked to consider and adopt a resolution approving an Amendment to the Final Development Plan, and accepting additional findings and recommendations from the Planning Commission regarding the Mendota Heights Apartments Planned Unit Development (PUD). Mr. Benetti provided background on the subject project by noting the property's general location, the previous zoning, and the steps taken by the Planning Commission and the City Council up to this point in time: • August 22, 2017 — Planning Commission recommended unanimous approval to rezone the properties from B-3 General Business to HR -PUD — High Density Residential Planned Unit Development; Preliminary Plat of "Mendota Heights Apartments"; Conditional Use Permit; and a Wetlands Permit (vote 6-0) • September 5, 2017 — City Council adopted Resolution 2017-69 approving the Rezoning, Preliminary Plat, and Wetlands permit (vote 3-2) • November 2017 — several city residents initiated a lawsuit against the city relating to the City Council's approval of the development. Attorneys representing the city recommended that the Council adopt an additional resolution reaffirming its previous approvals and whether the proposed PUD met the standards for a PUD development of less than 10 acres • January 2018 — City Council adopted Resolution 2018-01, which reaffirmed and adopted additional findings relating to the approval of a Comprehensive Plan Amendments, Rezoning, CUP, and Preliminary/Final Plat; adopted specific findings setting for the basis for the decision; and confirmed that the site no longer needed or required a Wetlands Permit due to the changes made by the developer • February 2018 — Both sides appeared before Dakota County District Court Judge Michael Baxter and presented their arguments; Judge Baxter had asked if the Planning Commission was required to review and comment on the matters addressed in Resolution 2018-01 (staff and city attorneys do not believe that the Planning Commission consideration was required). Because Mr. Swenson is now requesting an amendment to the Final PUD Plan, staff requested the Planning Commission to review and comment on the matters addressed by the City Council in Resolution 2018-01. The PUD was approved as two 70 -unit apartment buildings. Phase 1 would be on the south side where the motel was sited and Phase 2 would be on the previous Larsen Greenhouse space. 270 parking spaces were planned — some underground and some on the surface — with a single divided access point off of Highway 13 with a right-hand turn lane as part of the Minnesota Department of Transportation (MnDOT) recommendation. The amended Final Planned Unit Development under consideration would decrease the distance between the two buildings from 60.7 feet to 47 feet. This would result in the Phase 2 development footprint being reduced by approximatelyl4 feet in distance between the buildings, or just over 1,000 square feet in area. The amendment also removes 13 parking spaces in the Phase 1 section, which would April 3, 2018 Mendota Heights City Council Page 4 of 10 provide for more green space. These parking spaces would be put into a `proof of parking', meaning if there is ever a need for additional parking, or the site stops meeting its parking demands, those spaces could be returned. They would also be taking out the closest access point and re-establishing all of the curb -gutter sections around that new parking area. In Phase 2, they would remove 14 surface parking spaces and 4 underground parking spaces and re-establish the curb -gutter sections. This amended plan results in the possible reduction of from two to six units. However, the developer is still in the process of redesigning the interior floor plans. The reduction in parking spaces resulted in a total of 239 spaces or a 1.73/unit ratio, down from the original 1.98/unit ratio. The impervious surface would decrease from the original 50% to 45.5%. Staff had asked the Planning Commission to provide comments and recommendations regarding the resolution that was adopted by City Council on January 2, 2018. The Commission was also asked to reaffirm the August 22, 2017 recommendation for the rezoning of the subject site from B-3 General Business, to HR -PUD High -Density Residential Planned Unit Development. Mr. Benetti shared the five standards that must be met for a PUD under 10 acres but more than 5 acres: determined to be an "infill type development"; will not require any wetlands permit; will not require any critical area variance; will not increase traffic or parking estimates above the level reasonably estimated for a permitted use for the project area's size in the zoning district in which it is situated [B-3 General Business]; provides a landscaped buffer around the perimeter of the entire project area unless expressly waived by the Council. Mr. Benetti stated that the Planning Commission reaffirmed that the project met the definition of an in- fill type development; does not require a Wetlands Permit; does not require a Critical Area Permit; impacts to the increased traffic and parking estimates for the project would be less than those estimated for a typical permitted use under the original B-3 district (as shown in the independent traffic study report from WSB Engineering submitted in January); and that the proposed landscape and buffer plan was acceptable. The Planning Commission also determined and affirmed that the City Council did act conservatively in exercising its discretion to permit a planned unit development under 10 acres. Mr. Benetti also confirmed that the Planning Commission stated that the PUD remains an appropriate use of this land; the PUD was found to be an acceptable redevelopment plan; the PUD was found to be an effective unified treatment; and the PUD would harmonize with the existing and proposed developments in the area surrounding. The Planning Commission reaffirmed their decision that the rezoning from B-3 to HR -PUD is appropriate. At the March 27, 2018 meeting, the Planning Commission recommended unanimously for the approval of the amendment to the Final Development Plan. They also agreed to find that the proposed development meets the criteria under City Code Section 12 -1K -2.B for the under 10 acre size limitation. Also, the Planning Commission reaffirmed its August 22, 2017 recommendation. Councilor Miller commented by providing a definition of `arbitrary' and `capricious' as an act of doing something solely according to ones will rather than being guided by facts, policy, or good judgment. This is where he feels the Council is right now. The question is how it got here. He believes the Council got here by dancing around and completely disregarding its own ordinances as a means to an end. He provided the following as a few of the many examples: April 3, 2018 Mendota Heights City Council Page 5 of 10 • An updated and adjusted grading and utility plan approval o It did not appear to him that the Planning Commission nor the Council had been asked to approve this and it is something that Section 12 -1K -2.B requires. This is something the Council should be hyper -vigilant on, especially considering its proximity to Lake Lemay and the travesty that has become Lake Augusta — due to poor grading and erosion oversight on that lake. • The June 29th MnDOT traffic letter addressed some concerns that MnDOT had regarding traffic. o This was sent to the city and staff but was not disseminated at the August public hearing. That is a critical piece of information because it speaks to the narrative of this project. The Council wants to be forthright and allow people to know this is what is wanted and why. • Conservative pursuit when exercising discretion o One of the thresholds that must be had when pursuing this very project o Many people in the room have decided that this phrase means the Council is free to multiply, by a factor of three, the acceptable amounts of units allowed in an HR -PUD. To him this is the very opposite of `conservative' • The litany of follow-ups, affirmations, findings, and fixes during this process since the city found out about the lawsuit o If this project is truly the right thing for this space, then why have there been so many meetings to discuss this. It appears that the Council is spinning its wheels. o It appears that what the Council is now being asked to do is to "approve the approval of the Planning Commission's approval of what the Council has already approved back on January 2, 2018". Councilor Miller stated that Councilor Duggan is in Arizona and not in attendance; however, he sent the following note that reads: `After reading several Planning Staff Reports on this project, as well as the several staff requests for Council action, having watched the video of the two public hearings before our Planning Commission, and participated in the discussions at our Council meetings, I find that this project located where all of the nearby properties are single-family dwellings, its scale is inappropriate to the existing terrain and to surrounding land uses. Its appearance will be out of character with all of the properties in the neighborhood. Furthermore, realtors estimate that it will diminish the value of the nearby residential properties by 10%-15%. It is an example of 'spot zoning'. It will produce over 1,000 vehicle movements per day; thereby contributing to already existing serious traffic problems on Highway 13 and will be productive of increased accidents both because of increased traffic density and impaired sight lines at the intersection of Acacia Drive and Highway 13. It will seriously diminish pedestrian safety for those wishing to be accessing the off -leash dog park, Pilot Knob Historical Park off of Highway 13, and the traffic increase will generate more pollution and decrease air quality. Because it is three stories high, the residents will experience greater Era ff c noise from the air — this being one of the highest air traffic zones in the city — and because it is three stories, the upper story will also be impacted by the traffic noise on Highway 13 that would otherwise be blocked by the 18 foot deep trench which Highway 55 is situated in and its location. The project's impervious surface exceeds over 80% of what is permitted. The estimated parking and traffic estimates for this site do not meet the respective limits for this site prescribed by city ordinance April 3, 2018 Mendota Heights City Council Page 6 of 10 under which this project is authorized. There is no public transportation nearby, no convenience store, drug store, or other service facility within walking distance. In fact, this site's walking score — on a scale of 1-10 — is four, according to walkscore.com. Automobile travel is the only and simplest way of running errands. It is isolated from services. The project's architect asserts that it will be rental units for seniors, yet the developer asserts that it is built for those that are 25 to 50 years in age. Its location is inconsistent with long-term city plans, the project run-off will impair further the water quality of nearby Lemay and Augusta Lakes, and it is not 'in- fill' property as required by city ordinance. The approval of this project is arbitrary, capricious, unreasonable, and an abuse of discretion; particularly where the authorizing ordinance mandates to Council to exercise that discretion conservatively. I reaffirm my previous no votes for the forgoing reasons, all of which are substantiated for the record before this Council." Councilor Miller stated he concurred with Councilor Duggan's comments. Councilor Paper had no additional comments to make other than the ones he has already provided. Councilor Petschel noted that her comments and opinions have already been noted for the record. Mayor Garlock opened the floor for comments from the public. He requested that the rules for public comments be followed. Ms. Julie Schnell, 2354 Lemay Shores Drive, stated that she did not know what Councilor Petschel's opinion was as she missed previous meetings. She moved to the area to be closer to her handicapped son. She appreciated Councilor Miller's comments about the pollution and the airplane noise. She also noted that the bus company situated right behind their neighborhood is honking horns at 6:30 in the morning. Mr. Dan Bonk, 2346 Lemay Shores, commended Councilor Duggan on the letter he wrote and the comments that Councilor Miller made as they sum up what the residents have to say. Mr. Bernard Friel, 750 Mohican Lane, reiterated why the lawsuit against this project was started. The original plaintiffs in the lawsuit found it outrageous that the Council and the Planning Commission would look at the ordinance, which states very plainly that you could not have this PUD if it required a Wetlands Permit, and they approved the project and authorized a Wetlands Permit. The Council undertook to correct that deficiency by getting a change made in the grading and utility plan so that they no longer required the Wetlands Permit. However, in the process, the plaintiffs discovered some other infirmities that have already been covered in prior comments. The thing that he found most bizarre is that with the matter pending in court for a decision, the Council would undertake to have further public hearings on this matter. Ms. Jill Smith, 625 Hampshire Drive, stated that one of the things that has been overlooked is the underlying conditions of R-3 zoning for the HR -PUD. She read something directly out of the 2030 Comprehensive Plan which she believed to be applicable at this time: April 3, 2018 Mendota Heights City Council Page 7 of 10 "The HR -PUD District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the R-3 zoning district. The permitted conditional and accessory uses in this district are the same as those for the R-3 district". She stated that this development does not come close to those standards. Mr. Al Fotsch, 2126 Lake Augusta Drive, noted he lives on Augusta Lake. He built his home in 2002 and his grandchildren at that time could play and fish in the lake. Last year, his association contributed to treating the lake to clean it up. Then they received notice that they cannot even touch the water because it is polluted. They have a wetlands buffer that prevents them from doing anything within 100 feet of Augusta Lake. However, a new development was allowed to come in and they were approved all of the way down to the lake. He questioned whether the Council cared about the environment. Mr. Ben Delwiche, architect with Kaas Wilson Architects, came forward wishing to address items that came up; some of which he had addressed before. Noise Provisions — this has never come up until now. The developer has followed strict guidelines from the Metropolitan Airport Commission and has put in premium windows to mitigate airplane noise. Stormwater Runoff — The developer has worked with the city engineering staff to provide a plan that not only meets code requirements, but exceeds them. Based on what he has seen, this site will function a whole lot better than the existing developments are currently doing for the lake. They are following all guidelines to make sure they are within state building codes regulations. Councilor Miller asked what the status was for the sanitary sewer system. What he had understood was they were going to use the existing one as opposed to putting in a new one. Mr. Delwiche replied that he would have to defer to Public Works Director Ryan Ruzek on the technical engineering issues. However, in response to the Wetland Permit issue, they had always provided information that they would tap into the existing storm sewer and wished to quantify that revision that was made based on clarification. Basically they decided to tap into a pipe five to ten feet up from where they had originally proposed, which is outside of the wetlands permit area. Mr. Ruzek came forward to address the question posed by Councilor Miller and replied that the City of Mendota Heights has a city mainline sanitary sewer in the area that was installed in the early 1990's and services the greenhouse site, the whole Augusta Shores development, and it served the previous motel. It also serves the single-family properties to the south. The area along the lake and through the buffer has already been disturbed by the city. There is an existing service line that did service the motel. The Phase 1 apartment building is proposed to re -use this existing service line. The original plan submitted did have the sanitary sewer service for the Phase 2 building coming down and tying into the city sanitary sewer main line within that 100 -foot wetlands buffer area. Staff requested that they connect to the city's main line further north — outside of that 100 -foot buffer area. That was a utility change that was requested by the city staff. Councilor Miller asked for clarification that they would be tapping into existing pipe rather than installing new pipe. Mr. Ruzek confirmed that they would be tying into the city's main line. Councilor Miller, noting that the goal is to not add anything to the existing issues, asked if it would be better to do April 3, 2018 Mendota Heights City Council Page 8 of 10 something new and improved. Mr. Ruzek replied that this existing main line has all of the sewage from the Augusta Shores running through it. If the city would like to consider re-routing this somewhere, that would not be on either of these developments. Councilor Miller asked why staff asked for the tapping location change. Mr. Ruzek replied that there was no need for it to go down that far, it would be a less expensive option to install it further to the north and to keep it outside of the 100 -foot wetland buffer. In regards to the storm sewer, Mr. Ruzek replied that he did not have the complete plans with him. He stated that this would be the second underground infiltration basin and would be located underneath the drive aisle. They do also have some infiltration basins that are open water ones on both the north and the south parts of the site and are designed for the 2, the 10, and the 100 year events. They are also infiltrating, per city requirements, one inch over all new impervious surface. They are actually infiltrating approximately 10 times that amount. Additional details on the storm sewer infiltration and storm water treatments were provided. Basically, the Larsen Greenhouse site and the motel site did not have any stormwater or storm sewer infiltration systems. The water ran directly into the lake. Mr. Delwiche returned and expressed his appreciation to Mr. Ruzek for answering the questions. Senior Living — the first phase apartment building is going to be a standard market -rate building open to all qualified candidates. He had mentioned at the last meeting that the second phase may very well turn into a 55+ type development. The main point he wished to illustrate is that the first building will be open to people of all backgrounds and ages and as long as they prove themselves under Mr. Swenson's guidelines to be a good quality renter. He apologized if he caused any confusion there. Non -Supported Development — Mr. Delwiche reminded the Council that there were a lot of residents this past summer and fall that spoke at neighborhood meetings and at public hearings that were in favor of this project. Mayor Garlock stated that it was good to see so many people in attendance at this meeting. Council meetings and work sessions are posted. Since the beginning of this process, meetings have been posted and are open to the public. He expressed his appreciation to everyone who made comments. Councilor Paper moved to adopt RESOLUTION 2018-29 APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN AND ACCEPTING ADDITIONAL RECOMMENDATIONS AND FINDINGS WITH REGARDS TO THE MENDOTA HEIGHTS APARTMENTS PLANNED UNIT DEVELOPMENT (PUD) (PROPERTIES LOCATED AT 2160 AND 2180 HIGHWAY 13). Councilor Petschel seconded the motion. Ayes: 3 Nays: 1 (Miller) Absent: 1 (Duggan) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the City of Eagan will be hosting a meeting for neighboring businesses and residents regarding traffic management plans for special events in the Vikings Lakes Development on Monday, April 16 at 4:00 p.m. in the auditorium at Trinity School in Eagan. April 3, 2018 Mendota Heights City Council Page 9 of 10 He also said that the City is accepting applications for the student representative position on the Parks and Recreation Commission. Applicants must be a city resident and be attending a high school in Mendota Heights. COUNCIL COMMENTS Councilor Petschel stated that Mayor Garlock and she have been working with the Patrick family, along with Officer John Larrive, on a permanent memorial for Officer Scott Patrick. They have a design and a permanent memorial will be ready for July 30tH Mayor Garlock congratulated Minnehaha Academy on its state championship basketball team and St. Thomas for making a good showing at the state tournament. Councilor Miller asked everyone who has a fire hydrant in front of their house to please shovel it out. Councilor Paper also expressed congratulations to Minnehaha Academy on its state boys' basketball title. ADJOURN Councilor Petschel moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:17 p.m. c) Neil Garlock Mayor ATTEST: c_ Lorri Smith City Clerk April 3, 2018 Mendota Heights City Council Page 10 of 10