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2018-04-17 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 17, 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 and Miller were also present. Councilors Duggan and Petschel were absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Mayor Garlock moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Petschel) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of April 3, 2018 City Council Minutes b. Approval of the April 3, 2018 Council Work Session Minutes c. Acknowledge February 13, 2018 Parks and Recreation Commission Meeting Minutes d. Acknowledge March 1, 2018 Parks and Recreation Commission Work Session Minutes e. Authorize 2017 Auditing Services with BerganKDV f. Approval of Communications Coordinator Job Description and Position Posting g. Approve 2018 Workers Compensation Insurance Renewal h. Authorize MHAA Temporary Fence at Valley Park i. Approve Resolution 2018-33 Approving a Temporary Permit to MnDOT j. Approve Resolution 2018-31 Update Fund Balance Policy k. Approve Training Request for City Administrator 1. Approve Dakota Communications Center Management Control Agreement m. Approve Resolution 2018-30 Cancellation of The Village Lots Letter Of Intent n. Approve the Purchase of Two Pickup Trucks for the Public Works Department o. Authorize Purchase of Tractor Loader for Public Works Department p. Acknowledgement of the March Building Activity Report q. Approval of Claims List Councilor Miller seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Petschel) CITIZEN COMMENT PERIOD Mr. Thomas Smith, 625 Hampshire Drive, stated that the Vikings have moved into their new facility. He provided a perspective on the current and future challenges facing this community. Mr. Smith noted one of the guidelines for community comments included `no personal attacks'. He stated that the Supreme Court has addressed the question and determined that personal attacks against publicly elected officials are protected by the first amendment. He suggested that the Council, in terms of framing guidelines to provide comments, familiarize themselves with the first amendment and the degree of which comments and certain restrictions are protected by the first amendment of free speech. In terms of the Michael Development, Mr. Smith stated that the Comprehensive Plan states that on that acreage, the type of development was restricted to approximately 46 units. Yet the Council approved a plan that was approximately three times as many units, which is uncalled for. Mr. Smith complimented the mayor for having shown real leadership at the last Council meeting in allowing citizens to speak against that development. Mr. Smith commented that the ordinances of the city are in shambles. Transparency — the city has not been transparent with the decision making governing that development. Lake Augusta — the water quality in that lake is zero. It used to be swimmable. One of the responsibilities of the city, as a steward of its resources, was to protect the lakes. Michael Development — at the last Council meeting, the city approved a plan that was currently under litigation. The idea that the city would change the plan of the development under litigation was absolutely unheard of. Owen Property Lawsuit — the City recently lost this lawsuit. It could and should have been won. Kensington Development lights — he questioned if anyone had been to that development and viewed how those lights affect that development. He questioned what Administrator McNeill meant by the statement as this is an issue for Eagan. In any event, Mr. Smith believes that the onset of the Vikings site poses a real challenge in terms of traffic. He pleaded with the mayor to provide some leadership regarding that issue. Ms. Nancy Commerford, 2562 Lockwood Drive, lives in the Kensington Development. She attended the meeting held by the City of Eagan regarding the Vikings Headquarters. She was hoping that they would discuss the brightness of the lights showing onto the Kensington neighborhood. She shared pictures with the Council that she took from her bedroom window to show the brightness of the lights. The lights have become an annoyance. They are invading her space. She asked for the Council's support. April 17, 2018 Mendota Heights City Council Page 2 of 5 Mr. David Hiner, 1295 Kendon Lane, expressed appreciation for the removal of the Mendota Motel building. The neighborhood has totally changed with that. He stated that if the lawsuit ends up going against the city, then — he is sure — Michael Development will end up suing the city. This is going to cost the city approximately $3.5M when it is done — and it will be a vacant piece of property. When thinking about the residents of Mendota Heights and how they have to pay for this, he believes it is ridiculous. He addressed concerns about the water quality of Lemay Lake. In terms of a wetlands permit, he questioned why Michael Development does not have to follow the same rules that a resident would. This lake has taken a huge beating in terms of water quality in the last two years, ever since Lemay Shores was developed. A road was built right through the swamp and he questioned how that was allowed. He does not want to see the lake permanently destroyed. He did ask for an explanation of why Michael Development does not need a wetlands permit. He suggested that Michael Development — as planned — would be a great 55 -plus development since older residents do not create as much traffic. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) DISCUSS FORMAT FOR THE MAY 9, 2018 JOINT CITY COUNCIL/PARKS AND RECREATION WORK SESSION City Administrator Mark McNeill explained that a joint work session has been scheduled for the City Council and the Parks and Recreation Commission for 5:30 p.m. on May 9. The intent is to discuss long- term and short-term financing for the parks and the Par 3 operation. There has also been some interest in looking at natural resources. A number of items need to be reviewed and updated, like an Emerald Ash Borer plan and a Natural Resources plan. Staff is also looking at if the city should become a GreenSteps city. Staff recommended a second joint work session to address natural resources. Mayor Garlock replied that he believes it would be important to schedule a separate work session. It was determined to schedule the second joint work session for May 16, 2018 starting at 5:30 p.m. April 17, 2018 Mendota Heights City Council Page 3 of 5 B) APPROVE RESOLUTION 2018-32 TO COMPLY WITH DISTRICT COURT RULING ON THE PRELIMINARY PLAT OF ORCHARD HEIGHTS City Attorney Tom Lehmann explained this is the culmination of a lawsuit brought by the developer, Royal Oaks Realty Inc. challenging the city's decision to deny the preliminary plat and a variance for the property. This matter was heard by Judge Asphaug. She took the matter under advisement following the oral arguments by the city and the developer. She issued her opinion and this resolution recognizes that. The matter before the Council was to adopt Resolution 2018-32 Approving the Preliminary Plat for Orchard Heights, a Variance and a Wetlands Permit for properties located at 1136 and 1140 Orchard Place, along with various conditions that the developer has agreed to in relation to this development. The resolution eliminates any concern as to whether or not the city would have to incur attorney's fees, which was part of the decision by Judge Asphaug. The city had asked for reconsideration of that and that matter is pending; however, in an effort by both parties to resolve this without having to incur any additional attorney's fees or additional cost moving forward, this resolution would put this matter to rest relative to all of those concerns. Mayor Garlock moved to adopt RESOLUTION 2018-32, APPROVING A PRELIMINARY PLAT OF ORCHARD HEIGHTS AND A VARIANCE AND WETLANDS PERMIT FOR THE PROPERTIES LOCATED AT 1136 AND 1140 ORCHARD PLACE; WITH CONDITIONS as stated in the resolution. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Petschel) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that clean-up day has been set for May 5, at Mendakota Park. Check the city's website or the Heights Highlights for details. COUNCIL COMMENTS Councilor Jay Miller expressed his appreciation to the Public Works staff for doing such nice work during the blizzard last weekend. He noted that April 22 is Earth Day and encouraged residents to give thought as to what they would do in their yard or in their community. Councilor Joel Paper commented that typically his neighborhood gets together and cleans up the neighborhood parks. They will be delayed in their efforts due to the weather. He noted that early voting is open for the District 197 Referendum at the District Offices at the High School. Great River Greening is holding a clean up event at Valley Park on April 28th in the morning. April 17, 2018 Mendota Heights City Council Page 4 of 5 Mayor Neil Garlock stated that the Officer Scott Patrick Memorial is getting close to a final resolution. The stone and the plaque have been ordered. The location is to be finalized soon. He expressed his appreciation to the group that has been meeting on this. The hope is to have the memorial dedication on July 30, 2018. ADJOURN Mayor Garlock moved to adjourn. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Petschel) Mayor Garlock adjourned the meeting at 7:31 p.m. Lorri Smith City Clerk o 0.306 06 c.-vL Neil Garlock Mayor April 17, 2018 Mendota Heights City Council Page 5 of 5