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2019-05-21 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 21, 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 7:00 p.m. Councilors Duggan, Miller, Paper, 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. City Administrator Mark McNeill asked to add item 9c. Establish Time and Date for Discussion on The Village Requests for Proposals. Councilor Petschel moved adoption of the agenda as amended. Councilor Duggan 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 moved approval of the consent calendar as presented, pulling items c) Approve Public Works Superintendent Appointment and Maintenance Lead Recruitment and e) Approve Purchase of Radar Feedback Speed Limit Sign for Sibley Memorial Highway, for discussion. a. Approve May 7, 2019 City Council Minutes b. Approve May 14, 2019 Council Work Session Minutes c. Approve Public Works Superintendent Appointment and Maintenance Lead Recruitment d. Approve Resolution 2019-35 Accepting a Donation for a Tree in Hagstrom King Park e. Approve Purchase of Radar Feedback Speed Limit Sign for Sibley Memorial Highway f. Approve Ordinance 541 Establishing Parking Restrictions on Marie Avenue g. Approve the Building Activity Report for April h. Approve the Fire Synopsis Report for April i. Approve the Treasurer's Reports for March and April j. Approve the Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVE PUBLIC WORKS SUPERINTENDENT APPOINTMENT AND MAINTENANCE LEAD RECRUITMENT Councilor Duggan wished to acknowledge the appointment of Mr. John Boland to the position of Public Works Superintendent. Councilor Duggan moved to approve the appointment of John Boland to the position of Public Works Superintendent, effective June 10, 2019, with the pay provisions listed above and authorize staff to conduct the internal recruitment process to fill a Maintenance Lead Worker position. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 E) APPROVE PURCHASE OF RADAR FEEDBACK SPEED LIMIT SIGN FOR SIBLEY MEMORIAL HIGHWAY Councilor Duggan expressed his wishes that the radar feedback speed limit sign be available to other areas for use. He requested that the Council receive reports on what is happening. The reports received should be able to assist everyone to get a better sense. Councilor Petschel clarified that this speed limit sign is not the city's portable moving sign. There has been additional traffic on Sibley Memorial Highway since the Smith Bridge was under construction, and the residents have noticed an increase in traffic speed; also truck traffic has increased. The Police Chief observed the traffic levels and concurred that this would be a good place for permanent radar feedback sign. The sign is not as portable as the city sign that is on a trailer. Councilor Petschel moved to approve the purchase of two solar powered radar feedback speed limit signs. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Bernard Friel, 750 Mohican Lane, addressed issues he sees with the draft 2040 Comprehensive Plan. He expressed his hope that the Council would adopt the same Future Land Use Categories and the same number of units per acre in the 2040 Plan as set forth in the 2030 Plan. Mr. Friel also noted a couple of specific items with changes from the 2030 Plan to the proposed 2040 Plan. In relation to the parcel addressed 340 D Street (0.86 acres), the designation of this parcel was left blank in the 2030 Plan. A recommendation has been made to change the guidance for this parcel to May 21, 2019 Mendota Heights City Council Page 2 of 10 Industrial to reflect its current use (Jacks Manufacturing Co.). He stated there has never been any indication that there was any industrial use on this property. The only use indicated for this property is Residential Homestead, which is what the records of the county reflect. Mr. Friel questioned where the evidence was proving that industrial activities have occurred there. Councilor Duggan moved to allow Mr. Friel additional time to speak because he knows many of these areas and locations. Councilor Miller seconded the motion. Mayor Garlock noted that the Council has a 5 minute rule in place for public comments. He then asked for individual Councilor comments on the extension of time for comments. • Councilor Duggan — rules have been placed and rules have been bent • Councilor Petschel — asked how much additional time was needed. Mr. Friel replied he would need 3-4 minutes. Councilor Petschel suggested he shorten that timeframe. • Councilor Paper — did not want it to go longer but was willing to listen It was approved that Mr. Friel continue for three additional minutes. The second item Mr. Friel wished to bring up was August Shores / Lemay Lakes and four other sites. The recommendation was to zone up to the next highest category because it was consistent with what was there. In each case, what was there, was there because of a Planned Unit Development. Furthermore, in addition the Council added in the Comprehensive Plan Goal 2.2.7 that reads "Redevelopment of existing MR -Medium Density Residential and HR -High Density Residential properties are to be limited to no greater density than currently exists." With one hand the city has increased the density permitted from Low Density to Medium Density and then with this provision has said that was fine except that now that you have the higher density you cannot redevelop it at that higher density. In effect, the city has emasculated the increase in density that is just being provided for. Mr. Bob Thompson, 979 Caren Road, said that he heard that the four lots west of Bogey's on Highway 13 are under contract for sale, pending due diligence and annexation. Two of the lots are located in the city of Mendota Heights and two are located in the city of Lilydale. The lots located in Mendota Heights are zoned low density. Apparently the proposed plan is to build a high density high rise 55 -plus apartment building at this location. He stated he is very concerned about this possibility. His goal would be that Mendota Heights keeps the two lots as zoned low density and not allow the City of Lilydale to annex it into their city. Councilor Petschel asked Community Development Director Tim Benetti to update everyone on this proposed development. Mr. Benetti stated that the developer called him a couple of months ago inquiring about developing the four lots next to Chet's and Bogeys. He indicated to the developer that there are two lots within the city's jurisdiction — not city -owned but in its jurisdiction. The other two lots are located in Lilydale. The developer claimed he was working with Lilydale to provide a 10 -story, 120 unit market -rate senior apartment building. Mr. Benetti told him that the two parcels in Mendota Heights were currently guided and zoned low density residential — RI, and he cannot see the Mendota Heights Council or Planning Commission agreeing or allowing those two properties to be annexed out of our city to allow for that type of development. At this point, no application has been received by Mendota Heights and nothing has been approved. May 21, 2019 Mendota Heights City Council Page 3 of 10 Councilor Miller asked if an annexation would require a simple majority vote or a super majority vote. City Attorney Andrew Pratt replied that there are many different ways to annex property. When there are municipalities that do not collaborate or agree, it is very difficult to do so. Councilor Petschel clarified that, speaking only for herself, the Council is not going to rezone this property and they would not permit it to be annexed out of the city. Councilor Duggan asked for further clarification from staff if the city had received an application. Mr. Benetti replied in the negative. Mr. Ken Herman, 995 Caron Court, noted that this issue of the lots is settled for now. However, in the future if anything changes or comes up, he and his neighbors want to be involved. Mr. Thomas Smith, 625 Hampshire Drive, addressed the proposed 2040 Comprehensive Plan. He noted the author of the document is the City Planner, Mr. Carlson. Mr. Carlson is an agent of the Metropolitan Council (MetCouncil). He is listed on the MetCouncil website as a professional with expertise in developing and propagating comprehensive plans. The draft 2040 Comprehensive Plan that this city is considering is a transcript of the THRIVE 2040 Plan of the MetCouncil. The draft 2040 Comprehensive Plan, serves the interests of the MetCouncil; it does not serve the interests of Mendota Heights. As to specific defects in the document, the first is confusion regarding the density or land use provisions. There is a high density provision in Chapter 2, an HR -25 High Density provision that allows for up to 25 residential units per acre. That has not been removed. That would allow for the construction of duplexes or four-plexes on any residential property that is sold in the future. The next provision pointed out by Mr. Smith was the unnecessary detail in a number of chapters; the Resiliency chapter is a good example. The reason this is important is that if the plan is approved, that detail has legal status and the city is compelled to insure compliance with that detail or else face litigation. Mr. Smith's simple solution recommendation was to throw the whole thing out and send to the MetCouncil the draft 2030 Plan, which has already been approved by them. The 2030 Comprehensive Plan has served this city well for the last 20 years. PRESENTATION A) RESOLUTION 2019-36 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS ON THE MARIE AVENUE AND WESLEY NEIGHBORHOOD IMPROVEMENTS PROJECT Public Works Director Ryan Ruzek explained that this project includes rehabilitation to Mager Court, Marie Avenue between Trail Road and Dodd Road, South Lane from Linden Street to the end of the cul- de-sac, Spring Creek Circle, Wesley Court, and Wesley Lane. May 21, 2019 Mendota Heights City Council Page 4 of 10 Street rehabilitation to Mager Court, South Lane, Spring Creek Circle, Wesley Lane, and Wesley Court will consist of reclaiming the existing bituminous roadway and placing a 2.5" bituminous base course; installing a 1.5" bituminous wear course over the reclaimed pavement, curb and gutter repair, and catch basin repair. Additional catch basins and rain gardens will also be installed. On Marie Avenue, the same type of rehabilitation is proposed. Bump -outs will be installed, along with a radar feedback speed limit sign. Water main replacement is specified between Dodd Road and Sutton Lane. The land bridge will be rehabilitated. There will also be improvements to the pond just west of Sutton Lane. They are also proposing construction of a shared -use pedestrian trail, which would extend from Maple Street. Due to time constraints, the pedestrian underpass was moved to Phase Two of the project to be constructed in 2020. The current estimate for Phase One of the project, including indirect costs, is $2.5 million. It is proposed to be financed through special assessments, municipal bonds, utility funds, and municipal state aid (MSA). Councilor Miller asked for an estimate of when Phase One would be completed. Mr. Ruzek replied that the bid opening is June 26, 2019. Ideally, a contractor would start in July and be completed in October. Councilor Miller, as a follow-up in regards to the land bridge, asked if the City is hoping to get a contractor with experience in managing that type of work. Mr. Ruzek answered that the bridge repair work is not substantial enough for an expert. If it ends up causing issues with the bidders, the city could possibly look at taking the bridge work out of the project and bid it as a stand-alone project next year. Councilor Duggan, in reference to the right-of-way needed for the trail, asked if there were any remedies. Mr. Ruzek replied that the city would have an off-street trail that does not exist today between Market and Mager. There will still be the roadway between Mager and Marie where there is a 5 to 8 foot shoulder that people use as a shared use trail. There is not land available to extend the trail without acquiring right-of- way from private land owners. He met with those residents in that block earlier and was unable to reach an agreement with all of the parties. In regards to the land bridge on Marie Avenue, Councilor Paper asked for clarification that they do not anticipate finding anything more to be corrected when they remove the asphalt. Mr. Ruzek replied that the consultant, TKDA, met with the Minnesota Department of Transportation (MnDOT) bridge personnel and showed them the plans and the inspection reports. Staff is hopeful that the pre -work done by TKDA with the MnDOT bridge engineers would have identified all of the necessary repair work. Unfortunately, they cannot tell for certain until the asphalt is off. Mayor Garlock moved to adopt RESOLUTION 2019-36 APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MARIE AVENUE AND WESLEY NEIGHBORHOOD IMPROVEMENTS. Councilor Miller seconded the motion Ayes: 5 Nays: 0 May 21, 2019 Mendota Heights City Council Page 5 of 10 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) ORDINANCE NO. 538 TO ALLOW PERSONAL SELF -STORAGE USES AS A CONDITIONAL USE IN THE I -INDUSTRIAL DISTRICT (PLANNING CASE NO. 2019-01) Community Development Director Tim Benetti gave a brief background on this proposed ordinance to allow personal self -storage as a conditional use in the Industrial District. The suggested changes that came out of the workshop meeting held on May 14, 2019 included increasing the separation requirement to one-fourth of a mile between a personal self -storage facility to a residential use or zone; adding recreational vehicles to the list of items that are prohibited from being stored outside the facility; and the facility shall have no more than three overhead doors or bays to be used for entering and exiting the facility. Councilor Duggan asked if the calculations would call for approximately 13 parking spaces. Mr. Benetti replied that based on the overall footprint of the proposed use, it would be approximately that many. Councilor Paper asked where this use would be allowed in the city. Mr. Benetti shared that the quarter - mile perimeter that was established, which left open a large southwest quadrant of the industrial park district. The intention was to keep this type of facility away from residential areas but still be fair and equitable to any other facilities. Councilor Duggan asked what the distance is to the Bourne property site. Mr. Benetti recalled it was 1,500 to 1,600 feet away, outside the quarter -mile boundary, and the homes to the east are well outside of this boundary. Councilor Paper asked what type of areas could these go into; is the industrial zone in the business park going to be a draw or an attraction to an operator. Mr. Benetti replied that it is somewhat subjective but he believed it would be a draw for the people who want to rent or use the facility. It could possibly be a draw for other businesses or users to store their items as well. Councilor Paper asked if the city could place a moratorium on these facilities, after the first facility is built. Mr. Benetti replied that the Council could prevent these types of facilities by not adopting this ordinance. For a moratorium, there has to be a reason, which allows time for staff to research and study the issues. City Attorney Andrew Pratt also explained that usually a moratorium is good for a year and studies need to be initiated to back up that moratorium. He did not believe they would be renewable after that year; a conclusion needs to be reached. Any application submitted before a moratorium goes into effect will still need to be processed. Councilor Duggan asked if there was a way to include that the next storage facility must be one, two, or three miles away from residences. City Attorney Pratt replied that if another storage unit facility found a place to build, the city could not change the quarter -mile distance indicated in the ordinance. May 21, 2019 Mendota Heights City Council Page 6 of 10 Councilor Miller asked what would be the real-time implications for this business, if the Council were to approve this ordinance and then remove it from the Code Book in the future. City Attorney Pratt replied the business would turn into a non -confirming use or a grand -fathered use allowing them to continue at their current capacity or volume. If they would want to do a large expansion or something else, then they would have to come into compliance with the zoning ordinance at that time; which sometimes requires a variance if it is a non -conforming use or the Council would have to approve a new ordinance. Councilor Miller asked if it would open the city up to future lawsuits from similar prospective businesses if this ordinance is removed in the future. City Attorney Pratt replied that when zoning decisions are made by the city that is usually accorded great deference by courts when they are being challenged because the city is using its legislative powers to zone the city. However, someone could perhaps argue successfully that it was an arbitrary and capricious method that the city had done as a city to push one in and not allow any other ones. Councilor Paper, in an attempt to clarify Councilor Duggan's earlier question, stated that he thought the question was whether or not the city could impose a restriction on how close these facilities could be from each other. Mr. Benetti replied that if the city were to look at placing a restriction of one or more miles to another facility, they would probably eliminate the entire industrial park district; that would probably be an easy challenge for someone. City Attorney Pratt concurred. Councilor Duggan explained his initial reluctance when he considered this type of facility in the city. He then noted why he has changed his mind. He sees this as a new business wanting to move into the Industrial Park. This is putting vacant land to good use. It appears that the applicant is willing to work with the city on some of the aesthetics and landscaping. Councilor Paper asked what the signage would look like. Mr. Benetti replied that currently signage is limited to one or two square feet per linear foot of the building wall, but no more than 100 square feet on each wall. The illumination and brightness of the signs at night can be controlled under the Conditional Use Permit. Councilor Duggan moved to adopt ORDINANCE NO. 538 AMENDING TITLE 12, CHAPTER 1, ARTICLE G. INDUSTRIAL DISTRICT TO ALLOW PERSONAL SELF -STORAGE FACILITY AS A CONDITIONAL USE. Mayor Garlock seconded the motion. Ayes: 3 (Duggan, Miller, Garlock) Nays: 2 (Petschel, Paper) B) ESTABLISH FEE FOR THE PARK BENCH DONATION PROGRAM Public Works Director Ryan Ruzek explained that the city has a Park Bench Donation Program where anyone can fill out a form requesting to make a donation to the city for a park bench. A park bench with a memorial plaque would then be installed. Currently the fee for this is set at $1,000; however, that does not cover the cost of the city's expenses. May 21, 2019 Mendota Heights City Council Page 7 of 10 A bench with a plaque delivered to Public Works costs $1,250, the concrete slab excavation and poured is an additional $400 - $500 depending on conditions of the site. The city is investing approximately $1,700 - $1,750 in this program — not including the staff time to assemble the benches and anchor them to the new concrete slab. Staff requested that the Council set a required fee for the Park Bench Donation Program with staff doing an annual review. Councilor Miller, in reference to the $1,700 figure, asked if it was comparable to other municipalities. Mr. Ruzek replied that he had not done a comparison with other municipalities to determine their fees. Councilor Duggan asked if the city had a list of requests from residents or others to establish benches in Mendota Heights. Mr. Ruzek indicated that there have been ten benches installed through this program since its inception in 2001. Councilor Duggan expressed his concern that $1,700 is prohibitive to many. He stated he did not like that the memorial plaque would be attached to the back of the approved standard bench design. He stated it should be on the front where people could see it. Mr. Ruzek stated he would check to see if that was an option. Councilor Petschel stated that she has seen benches with a brass plaques right in the front. She also like the fact that the benches were all different colors — not just a standard bench. It made the walk even more enjoyable. Councilor Miller noted that it may be advantageous to reach out to other municipalities and obtain details on the costs, etc. from a vendor standpoint. Councilor Duggan stated that if it was the goal of the city to have more of these benches, the city should make it so that they are within reach of people financially. City Administrator Mark McNeill stated that he was aware of communities that had different types of sponsorship programs. Those could be explored in the future. However, tonight the question was if this was something the Council felt the city should subsidize. Councilor Paper said that the city has been doing this for 18 -plus years. The city has a 26 -mile trail system with room to add more and if the residents are willing to pay $1,000 towards a bench, the city could subsidize the cost because the entire community is benefiting. His family purchased a bench several years ago and it still looks good and, he believed the plaque was on the front of it. Councilor Petschel asked if the city subsidized the cost currently. Mr. Ruzek replied that the city was currently subsidizing approximately 40% of the costs. The donation program currently stipulates a $1,000 donation with the city footing the remainder of the cost. Councilor Duggan moved that the Park Bench Donation amount should remain at $1,000 with the costs to be reviewed annually. Councilor Miller seconded the motion. May 21, 2019 Mendota Heights City Council Page 8 of 10 Ayes: 5 Nays: 0 C) ESTABLISH TIME AND DATE FOR WORK SESSION ON THE PREFERRED CANDIDATES FOR THE VILLAGE RFP City Administrator Mark McNeill explained that five proposals have been received for the sale of the vacant lots at The Village. The Council has narrowed the proposals down to two finalists. He suggested these two finalists be interviewed at a Council Work Session on May 28, 2019 at 12:45 p.m. or June 4th at 5:00 p.m. It was determined that this discussion would occur on Tuesday, June 4 beginning at 5:00 p.m. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Parks Celebration and 5K are June 1St. May 31St at 8:30 p.m. is the free Outdoor Movie Night at Mendakota Park. June 19th at 6:45 p.m. is the Teddy Bear Band Concert and June 23rd at 2:00 p.m. is the Bogey with the Red and Blue at the Par 3 Golf Course. The receptacles in the parking lot to collect used shoes and clothing for repurposing, an effort with West St. Paul and South St. Paul — prevented 7,500 pounds out of landfills with Mendota Heights providing approximately 840 pounds of that. COUNCIL COMMENTS Councilor Petschel expressed her appreciation to Mr. Tyler Wilsey for the tree donation at Hagstrom King Park. Mayor Garlock thanked everyone, staff and Council, for the extra hours put in on a lot of important issues. Councilor Miller congratulated Mr. John Boland as the new Public Works Superintendent as he is the perfect man for this position. Councilor Paper echoed the sentiments regarding Mr. John Boland; he is well respected and does a great job. He also noted that Mayor Garlock has done a tremendous job leading up to the Scott Patrick Memorial 5K; the care he has poured into this year after year is appreciated. Councilor Duggan hoped everyone would celebrate Memorial Day weekend in an appropriate manner as everyone thinks of the military and service people, and their families, who have given so much. He asked Public Works Director Ryan Ruzek if there were any concerns in regards to flooding. Mr. Ruzek replied that he has only had reports of small localized flooding in people's yards. May 21, 2019 Mendota Heights City Council Page 9 of 10 Councilor Duggan expressed his personal thanks to everyone involved in the Comprehensive Plan, more particularly the Planning Commission, city staff, and the community that has stepped forward and helped. He believes the community has to have a say in how they see the community moving forward in the next 20-30 years. He also wished those who are graduating to have a happy celebration. ADJOURN Councilor Paper moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:27 p.m. C� Neil Garlock Mayor ATTES Lorri Smith City Clerk May 21, 2019 Mendota Heights City Council Page 10 of 10