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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