2019-01-02 Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Wednesday, January 2, 2019
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 7:15 p.m. Councilors Duggan, Miller, Paper, and Petschel
were also present.
OATH OF OFFICE
MAYOR NEIL GARLOCK AND COUNCILMEMBERS ULTAN DUGGAN
AND ELIZABETH PETSCHEL
Mayor Neil Garlock and Councilors Ultan Duggan and Elizabeth Petschel took the Oath of Office,
presided over by City Administrator Mark McNeill.
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: 5
Nays: 0
CONSENT CALENDAR
Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval.
Councilor Petschel recused herself from voting on item a.) Approval of December 18, 2018 City Council
Minutes and item b.) Approval of December 18, 2018 Work Session Minutes.
Councilor Duggan moved approval of the consent calendar as presented and authorization for execution
of any necessary documents contained therein, pulling items a.) Approval of December 18, 2018 City
Council Minutes, c.) Acknowledge the November 27, 2018 Planning Commission Meeting Minutes, e.)
Designation of 2019 Acting Mayor, and i.) Approve 2019 Financial Items: Resolution 2019-05
Establishing 2019 City Depositories of Funds; Resolution 2019-06 Accepting Pledged Securities for 2019;
and Authorize Finance Director to Execute Electronic Payments and Prepay Claims.
a. Approval of December 18, 2018 City Council Minutes
b. Approval of December 18, 2018 Work Session Minutes
c. Acknowledge the November 27, 2018 Planning Commission Meeting Minutes
d. Designation of the Official Newspaper
e. Designation of 2019 Acting Mayor
f. Approve Appointments to City Commissions; Approve Resolution 2019-01 Appointing NDC4 City
Representatives
g. Accept Determination of No Wetland for the Wesley Lane Neighborhood Improvements
h. Accept Wetland Delineation Report for the Marie Avenue Neighborhood Improvements
i. Approve 2019 Financial Items: Resolution 2019-05 Establishing 2019 City Depositories of Funds;
Resolution 2019-06 Accepting Pledged Securities for 2019; and Authorize Finance Director to
Execute Electronic Payments and Prepay Claims
j. Acknowledge the October 9, 2018 Parks and Recreation Commission Minutes
k. Approve September Par 3 Financial Report
1. Approval of Claims List
in. Approve the Purchase of Assistant Fire Chief Vehicle
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
Recused Item B: 1 (Petschel)
PULLED CONSENT AGENDA ITEM
A) APPROVAL OF DECEMBER 18, 2018 CITY COUNCIL MINUTES
Councilor Duggan requested that clarification be added to the minutes regarding Chapter 429 — Local
Improvements, Special Assessments statute referenced therein. Staff agreed to do so.
Councilor Duggan noted his reference to "County Junction" under Council Comments should be "Celtic
Junction". Also, the last sentence of the same paragraph should reference Katie McMahon, who is an
Irish-born harpist. Staff agreed to make the edits.
Councilor Duggan moved to approve the December 18, 2018 City Council Minutes as amended.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Recuse: 1 (Petschel)
C) ACKNOWLEDGE THE NOVEMBER 27, 2018 PLANNING COMMISSION MINUTES
Councilor Duggan expressed his concern of the revised public hearing guidelines and asked if the
guidelines were different for the Planning Commission than they are for the City Council. He voiced his
opinion that they should be similar to each other. Councilor Duggan suggested that this be a topic for
further discussion by the City Council at a later time.
Councilor Petschel moved to acknowledge the November 27, 2018 Planning Commission Meeting
Minutes noting that a discussion of the Public Hearing Guidelines would take place at a future Council
workshop meeting.
January 2, 2019 Mendota Heights City Council Page 2 of 7
Councilor Paper seconded the motion
Ayes: 5
Nays: 0
E) DESIGNATION OF 2019 ACTING MAYOR
Councilor Duggan stated that he was unaware of who the 2019 Acting Mayor would be. He was
informed that the name was in the Council packet of materials; Councilor Joel Paper.
Councilor Petschel moved to designate Councilor Joel Paper to serve as the acting mayor for 2019.
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
I) APPROVE 2019 FINANCIAL ITEMS:
RESOLUTION 2019-05 ESTABLISHING 2019 CITY DEPOSITORIES OF FUNDS;
RESOLUTION 2019-06 ACCEPTING PLEDGED SECURITIES FOR 2019;
AND AUTHORIZE FINANCE DIRECTOR TO EXECUTE ELECTRONIC PAYMENTS AND
PREPAY CLAIMS
Councilor Duggan expressed his curiosity about Resolution 2019-05 Establishing 2019 City
Depositories of Funds as it listed Wells Fargo Bank and Wells Fargo Advisors, Inc. He asked what was
difference was. Finance Director Kristen Schabacker replied that they are listed twice as the City's
investments are with Wells Fargo Advisors, Inc. and if the City ever had an opportunity to put deposits
into Wells Fargo Bank, they would be considered two separate entities.
Councilor Duggan moved to approve 2019 Financial Items: Resolution 2019-05 Establishing 2019 City
Depositories of Funds; Resolution 2019-06 Accepting Pledged Securities for 2019; and Authorize
Finance Director to Execute Electronic Payments and Prepay Claims.
Mayor Garlock seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
Councilor Duggan noted that he was driving north on Dodd Road and suddenly noticed that he was in
the wrong lane. He was in the left turn lane for Wagon Wheel Trail and approaching the pedestrian
refuge area. To quickly change lanes was a challenge. There is not a clear designation on the road with
the white lines disappearing with the snowfall. He was wondering if using a different color of paint for
the lane designations would help. He was sure it was a challenge for the Public Works Department. He
wanted residents to be aware.
He also wanted residents to be aware of the upcoming 2040 Comprehensive Plan meetings and hearings.
PUBLIC HEARING
No items scheduled.
January 2, 2019 Mendota Heights City Council Page 3 of 7
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2019-02 APPROVING A CONDITIONAL USE PERMIT AMENDMENT
FOR NEW ELECTRONIC LED DISPLAY SIGNS AT SPEEDWAY FUEL STATION —
LOCATED AT 1080 HIGHWAY 62 (PLANNING CASE NO. 2018-28)
B) RESOLUTION 2019-03 APPROVING A CONDITIONAL USE PERMIT AMENDMENT
FOR NEW ELECTRONIC LED DISPLAY SIGNS AT SPEEDWAY FUEL STATION —
LOCATED AT 1200 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2018-29)
Community Development Director Tim Benetti explained that Sevan Site Solutions, acting on behalf of
Realty Income Properties 3, LLC and Speedway LLC were seeking to amend their two current
Conditional Use Permits that were approved for their two SuperAmerica Stations a number of years ago.
The 1080 Highway 62 site is located on the southeast corner of Highway 62 and Lexington; in a B-2
Neighborhood Business District; approximately 1.2 acres in size; and contains a 4,300 square foot gas
station/convenience store and carwash bay; and a freestanding monument sign near the front
northeasterly corner. The original Conditional Use Permit was adopted on April 16, 1996 as Resolution
96-20.
The 1200 Mendota Heights Road site is located on the southeast corner of Highway 55 and Mendota
Heights Road; in a B-3 General Business District; approximately 2 acres in size, and contains a 4,300
square foot gas station/convenience store and carwash bay; and a freestanding pylon style sign near the
westerly edge along the Highway 55 frontage. The original Conditional User Permit for this site was
adopted on April 16, 1996 as Resolution 96-21.
Mr. Benetti reviewed the six standards that must be met pursuant to City Code Section 12-1D-15
SIGNS, subpart. I.3 for an Electronic Display at Motor Fuel Stations Conditional Use Permit. He shared
how these requests met these standards.
A question was asked about the different colored lights for the price of regular unleaded gasoline and
diesel fuel, and if this complied with the standard that reads "the characters in an electronic display must
be a uniform color". The representative from Speedway explained the industry standard states that a fuel
station would typically want their unleaded and diesel fuels to be easily distinguishable. The typical
standard is using a red font for unleaded gasoline and a green font for diesel. Staff stated the different
colors would not be a detriment to the health, safety, and welfare of the community. There would be no
impact to traffic and it is in the spirit and intent of the ordinance. Since the character colors for each fuel
grade read-out are uniform, then the displays and proposed sign improvements presented in this case
complies with and meets all standards under the City Code.
Councilor Paper asked if the signage lights would be turned off when the station is closed. Mr. Steve
Morse, representing Speedway, stated that the signs could be turned off at the 1080 Highway 62 location
when the station is closed. The Speedway at 1200 Mendota Heights Road is open 24 hours per day.
January 2, 2019 Mendota Heights City Council Page 4 of 7
Councilor Petschel stated that she has lived through previous lighting ordinances, and previously, LED
signage in the city was viewed very reprehensible. However, the Council rewrote the lighting ordinance
in anticipation of the fact that LED lights are more energy efficient and easy to change.
Councilor Duggan moved to adopt RESOLUTION 2019-02 APPROVING A CONDITIONAL USE
PERMIT AMENDMENT TO ALLOW AN ELECTRONIC LED DISPLAY SIGN FOR SPEEDWAY
FUEL STATION LOCATED AT 1080 HIGHWAY 62 (PLANNING CASE NO. 2018-28) with the
added condition that the LED lights would be turned off when the station was closed for business.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Councilor Petschel moved to adopt RESOLUTION 2019-03 APPROVING A CONDITIONAL USE
PERMIT AMENTMENT FOR NEW ELECTRONIC LED DISPLAY SIGNS AT SPEEDWAY FUEL
STATION — LOCATED AT 1200 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2018-29).
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
C) RESOLUTION 2019-04 APPROVING A VARIANCE FOR HEIGHT LIMITATION
STANDARDS ON A NEW FIRE AND RESCUE TRAINING TOWER
LOCATED AT 2121 DODD ROAD (PLANNING CASE NO. 2018-30)
Community Development Director Tim Benetti explained that the Fire Department was seeking a
variance to height limitation standard for a new fire and rescue training tower at 2121 Dodd Road. The
current fire station was built in 1985, consists of 12,000 square feet with four truck bays, offices, and
other areas. The site also contained a 34 -foot fire hose tower that was used for the draining and drying of
fire hoses after usage. Although this usage is no longer necessary, the tower is scheduled to remain in
place with modifications in construction and usage.
The plans for the expansion and construction of the new fire station project were approved by the City
Council in July 2018. As part of this project, a new fire/rescue training tower on the northeast corner of
the building has been included. This tower is proposed to be 40 feet 8 inches in height; slightly higher
than the 37.5 feet limit allowed in the R-1 zoning standards.
The tower is intended to mimic a typical commercial or multi -family stairwell facility in order for the
fire personnel to train inside of it as if it were a true stairwell; it would include windows and a repelling
ledge on the top.
Mr. Benetti shared the criteria the city needed to follow for variance requests as cited in City Code
Section 12-1L-5. He explained how this request met those criteria. Prior to the meeting, City Attorney
Andre Pratt requested Finding of Fact E. be added to the resolution:
E. The factual findings and analysis found in the Planning Report dated December 20, 2018 is
hereby fully incorporated into this resolution
January 2, 2019 Mendota Heights City Council Page 5 of 7
Councilor Petschel moved to adopt RESOLUTION 2019-04 APPROVING A VARIANCE FOR
HEIGHT LIMITATION STANDARDS ON A NEW FIRE AND RESCUE TRAINING TOWER AT
THE CITY'S FIRE STATION PROPERTY — LOCATED AT 2121 DODD ROAD (PLANNING CASE
NO. 2018-30) as amended.
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
D) ESTABLISH DATE FOR INTERVIEWS FOR COMMISSION APPLICANTS
City Administrator Mark McNeill explained that there are nine applicants for the Planning Commission
position that is open and nine applicants for the two Parks & Recreation Commission position openings.
Staff suggested separate meeting nights for the interviews. The Parks and Recreation Commission
interviews was suggested to be set for 4:30 pm on January 15, 2019. The Planning Commission
interviews was suggested to be set for 4:30 pm on February 5, 2019.
The Council determined that the interview meeting dates and times would be set as suggested.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the ice rinks are open, however, residents should call
the City Ice Rink Hotline or check the Parks and Recreation Facebook page for additional information.
COUNCIL COMMENTS
Councilor Duggan, referencing a story in the Pioneer Press, extended best wishes and prayers to Bert
McKasy that he continues to meet the challenge that he is facing.
He also expressed congratulations to Paul Schnell for being named Minnesota's Commissioner of
Corrections. This is the second Commissioner of Corrections to live in Mendota Heights.
He extended congratulations to his cousin, Bill Palmquist, as the mayor elect of Afton, MN.
Councilor Paper wished good health in 2019 to Mayor Garlock and congratulated him on another year of
perfect attendance for Council meetings.
Councilor Miller wished all a Happy New Year and a belated happy birthday to Mayor Garlock. He also
thanked the local businesses who participated in the 3rd annual Great Mendota Heights Pub Crawl on
December 28, 2018. The owner of Mendota Liquor was gracious in hosting them for an impromptu wine
tasting. They are looking at doing a summer pub crawl.
He thanked Pat Fitzgerald for watching the Council meetings religiously and for his leadership this year.
Councilor Petschel expressed well wishes and prayers for Bert McKasy. The Pioneer Press article was
about hospice care, which is growing and more accepted today. The McKasy family's story was shared
beautifully.
Janumy 2, 2019 Mendota Heights City Council Page 6 of 7
She asked if the city had any news on the promised flashing yellow arrow from Dodd Road to westbound
I-494. Public Works Director Ryan Ruzek replied that it is part of the completed Dodd Road project, and
it should be installed this spring.
Mayor Garlock thanked City Administrator Mark McNeill for arranging the meeting with MnDOT
regarding Dodd Road that was held prior to this Council meeting. This issue is on-going and
communications with the residents will continue.
ADJOURN
Mayor Garlock moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Garlock adjourned the meeting at 7:58 p.m.
Neil Garlock
Mayor
ATTEST:
07AC
Lorri Smith
City Clerk
January 2, 2019 Mendota Heights City Council Page 7 of 7