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2019-11-06 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 6, 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, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. Mayor Garlock read a statement recognizing Veterans Day. He stated that the City is proud to have members on staff and City Council who are veterans. He explained that Mendota Heights is joining with the cities of West St. Paul, Mendota, and Lilydale to become the Northern Dakota County "Beyond the Yellow Ribbon" group. The group has taken steps to assist veterans, as well as members of the Minnesota National Guard, when they are deployed. In addition, they also assist families while their loved ones are away. He reminded members of the community to recognize our veterans on Veterans Day and to not let this recognition be limited to a single day as it is worthy of a year-round effort. 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 moved approval of the consent calendar as presented, pulling items a.) Approval of October 16, 2019 City Council Minutes and h.) Approve Resolution 2019-86 Supporting a Community Forest Grant for EAB Management. a. Approval of October 16, 2019 City Council Minutes b. Approval of October 28, 2019 Council Work Session Minutes c. Approve Ordinance No. 547 Amending City Code Section 7-2-2 Concerning The Fire Code And Section 9-1-1 Concerning State Building Code d. Approval of Public Works Maintenance Worker Hire e. Approve Resolution 2019-83 Final Payment for Lexington Highlands & Mendakota Improvements f. Approve Resolution 2019-84 Final Payment for the Marie Park Tennis Court Rehabilitation g. Approve Purchase of Replacement Mack Plow Truck h. Approve Resolution 2019-86 Supporting a Community Forest Grant for EAB Management i. Approve Resolution 2019-85 Zero Dollar Permit to the Minnesota Department of Transportation j. Acknowledge September 2019 Fire Synopsis k. Approval of September 2019 Treasurer's Report 1. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF OCTOBER 16, 2019 CITY COUNCIL MINUTES Councilor Duggan noted that the minutes indicated that some items need to be followed up on by staff. He suggested that staff get back to the Council and the community when there is a need for follow-up on an issue. He suggested that once a month, or at least quarterly, staff list the items to be followed-up on and share what has been done in that regard. Councilor Duggan moved to approve the October 16, 2019 City Council Minutes as presented. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 H) APPROVE RESOLUTION 2019-86 SUPPORTING A COMMUNITY FOREST GRANT FOR EAB MANAGEMENT Councilor Duggan stated that he believed there to be a math error under the Budget Impact heading of the staff memo. Staff said they would pass it on to the appropriate people to be addressed. Natural Resources Technician Krista Spreiter replied that the actual total project cost is $127,900 for the Prepare Grant. The Tree Planting Grant totals $15,500. The $31,975 amount is the 25% match. Councilor Duggan requested that staff provide a memo to Council with this explanation, so they have it in writing. Councilor Duggan moved to adopt RESOLUTION 2019-86 SUPPORTING EMERALD ASH BORER COMMUNITY FOREST GRANT APPLICATIONS. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 November 6, 2019 Mendota Heights City Council Page 2 of 7 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-82 DEFERRING ASSESSMENT FOR 1844 DODD ROAD Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2019-82, deferring the assessment for 1844 Dodd Road. The assessment was in relation to the Wesley Neighborhood Street Improvement Project. The property currently has a driveway accessing onto Dodd Road and not onto Mager Court. The recommendation is to defer the assessment of $5,500 against this property until such time that the property develops. The homeowner, Mr. Louis Eschle, is requesting that the deferment not accrue interest, so Council is asked to review the interest portion of this assessment. The interest rate for the bonds was set at 1.7351 percent. It is the policy of the city to charge 2% over that rate for assessments that will be paid over ten years. Councilor Duggan asked when the property may develop. Mr. Ruzek replied that that is undetermined at this time. Mr. Louis Eschle indicated that he currently has no plans to sell or subdivide his property. Mr. Louis Eschle questioned why the city would make the interest retroactive. He stated he believed this to be usury. Councilor Petschel explained that everyone who appears before the Council is treated in the same manner. She provided examples of other property owners who have deferred their principal assessment amounts, and are paying the interest. Not paying the interest sets a very bad precedent because all of the other taxpayers would have to make up that difference. That is not the way other residents in the R-1 district, who have appeared before the Council, have had this settled. She completely supports the deferment of the principal but cannot support deferring the interest. Mr. Eschle disagreed and stated that he would rather pay the $5,500 now. In light of the resident's wishes, Councilor Petschel moved to withdraw RESOLUTION 2019-82 DEFERRING THE ASSESSMENT FOR PROPERTY LOCATED AT 1844 DODD ROAD (PID 27- 02500-26-010) FOR THE WESLEY NEIGHBORHOOD STREET IMPROVEMENT PROJECT. Councilor Duggan seconded the motion. To ensure that Mr. Eschle fully understands the implications, Councilor Miller asked Mr. Eschle if he was comfortable with paying the $5,500 and foregoing the deferment as opposed to continuing with his request. Mr. Eschle stated that he fully understood and would pay the $5,500. Ayes: 5 Nays: 0 November 6, 2019 Mendota Heights City Council Page 3 of 7 B) ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I -INDUSTRIAL DISTRICT Community Development Director Tim Benetti provided a brief background on this item. The Council was being asked to consider a recommendation to delete the floor area ratio (FAR) requirement from the Code. The current FAR for the Industrial District is 0.5, a ratio of building space or building area to the land area. Personal self -storage use was approved for the Industrial District in May 2019. In August 2019, Metro Storage came forward with a Conditional Use Permit (CUP) request to allow for the 117,810 square foot personal self -storage facility and a variance to exceed the 0.5 FAR standard at 1.24. Mr. Benetti reiterated that staff was unaware that the FAR for the Metro Storage request was going to be at 1.24 when the Council discussed adding personal self -storage as an approved use in May. However, when Metro Storage came forward with the request for the CUP, staff became aware of the overage in the FAR. Therefore, they came forward with the variance request. At the August 27th meeting, the Planning Commission recommended deleting the FAR from the Code. This was presented to the City Council at their October 2nd meeting and the request was tabled to a workshop meeting on October 28th Mr. Jim Walston, attorney representing Metro Storage, suggested the Council amend the ordinance to exempt personal storage facilities from the Industrial Park 0.5 FAR, and create new language that would permit personal self -storage facilities in the Industrial Park with a FAR no greater than 1.25. Councilmember Duggan asked if Mr. Walston had this request in writing for the city to consider. Mr. Walston replied that he does not have a specific document stating that. Mr. Dave Carland, representing Metro Sales, stated that what they are suggesting is that they take the zoning text amendment that was passed, and add a condition H that states that self -storage facilities are allowed to exceed the FAR up to 1.25. It would only modify the FAR as it relates to self -storage and leaves it intact for any other business in the Industrial District. Councilor Duggan asked if this would be spot zoning by creating an ordinance for a company, when normally an ordinance is created for an entire city. City Attorney Pratt replied that this would apply to all personal self -storage facilities, not only one business or entity. Attorney Pratt continued by stating there are different FAR requirement for some uses. In the B-4 district, there is a 1.0 FAR so there is precedence to moving the FAR around from 0.5, as long as it is done in a way that is treating all equally. Councilor Duggan expressed his discomfort until staff has had a chance to determine if what is being asked is reasonable. He questioned if it would be exclusionary to other areas in the city or is it an opportunity for others. November 6, 2019 Mendota Heights City Council Page 4 of 7 Councilor Petschel asked Attorney Pratt to address the timeline limitations set by statute. Attorney Pratt replied that when a zoning application is submitted and deemed complete by staff, there is a 60 -day time limit to act on the application or else it is deemed to be approved. That 60 -day time limit can be extended one time for another 60 days by the city. Any extensions beyond that need to be agreed to by the applicant. Councilor Petschel asked when the 60 day timeframe expires for this applicant. Mr. Benetti replied that the application for the Conditional Use Permit and Variance on the self -storage use was extended to December 5, 2019. As far as the Code amendment to delete the FAR, the city is the applicant and it is not subject to the 60 -day rule. Councilor Petschel expressed her concern, stating that by delaying the Code amendment, the Conditional Use Permit and Variance application will automatically be approved because the city will not have made a timely decision. Councilor Miller asked, if the application is automatically approved, how that would affect the Code amendment. Attorney Pratt replied that it does not force the city's hand to make an adjustment in the city code; just that particular application will have been deemed to be approved. This would include the CUP and the Variance to the FAR standard. Mr. Walston stated that the applicant has no interest in allowing the land use decision to be passed by default and by the passage of time. That is not good planning and it does not create goodwill. Councilor Duggan asked if the applicant would return with an amended proposal if the ordinance amendment were denied. Mr. Walston suggested there be discussions with him, Attorney Pratt, and Mr. Benetti on the best way to move ahead with the proposal. Mayor Garlock asked if the Council could table the ordinance amendment and have the three people meet. All parties agreed. Councilor Paper stated that he is in favor of the elimination of the FAR requirement for the Industrial District. Someday, there is going to be redevelopment in the Industrial District. What about the next applicant that comes forward that has a great idea to reuse property in a way that the city is not aware of, yet, but it would bring jobs or something that would be pleasing to the city. He asked why would one limit it? He stated that he would support Ordinance 545. He said that overall, this is better for the community and the ability to redevelop the Industrial District. He stated he supports the Planning Commission's recommendation. Mayor Garlock also agreed with the Planning Commission ofor deleting the FAR from the ordinance. Councilor Paper moved to adopt ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I -INDUSTRIAL DISTRICT. Mayor Garlock seconded the motion. Ayes: 2 (Paper, Garlock) Nays: 3 (Duggan, Miller, Petschel) November 6, 2019 Mendota Heights City Council Page 5 of 7 Councilor Duggan moved to deny ORDINANCE NO. 545 AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I -INDUSTRIAL DISTRICT. Councilor Miller seconded the motion. Ayes: 3 (Duggan, Miller, Petschel) Nays: 2 (Paper, Garlock) C) ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED Councilor Duggan questioned if the city has an Adult Use Establishment and Sexually Oriented Business Ordinance in place. City Attorney Andrew Pratt replied that there is not one. Councilor Duggan then asked how the city could establish a moratorium on something that does not exist. Councilor Petschel replied that what is being recommended is temporary to address lack of an ordinance. Councilor Petschel moved to adopt ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED. Councilor Miller seconded the motion. Councilor Duggan suggested the following grammatical changes to the proposed ordinance: • Item 2.2: since the city does not have zoning and licensing regulations addressing this that this item be amended by deleting the phrase `to accomplish the purpose for which they were intended'. o City Attorney Andrew Pratt replied that if the clause is deleted, what is left is still affective. • Item 3.1: the word `staff be removed and that the first phrase read `A study is authorized to be conducted by the City to determine ... ` o All agreed • Item 3.1 e: the phrase `if needed' be deleted since if it is appropriate it is needed o All agreed • Item 3.3: add the phrase `adult use establishments and/or sexually oriented businesses' o All agreed • Item 3.2: change the word `may' to `shall' or `should be' o All agreed Since everyone appeared to agree to these amendments to the proposed ordinance, Mayor Garlock called for the vote. Ayes: 5 Nays: 0 November 6, 2019 Mendota Heights City Council Page 6 of 7 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Cheryl Jacobson announced that the city is recruiting for seasonal positions and are in need of a skating instructor, rink attendants, and rink flooders. The Superhero Masquerade will be held on November 17. Registration is open for gymnastics, skating, Orbit Earth Expo, and other winter break activities. COUNCIL COMMENTS Councilor Petschel expressed appreciation to the Fire Department for their excellent work on this year's bonfire. She noted the more frequent callouts, reaffirming the importance of getting the new station finished, which will include a training facility. Mayor Garlock congratulated St. Thomas Academy on their win last Saturday over Apple Valley, moving them on in the State High School football tournament. Councilor Miller noted that the Fire Department has surpassed their 2018 total for fire calls. The bonfire was well attended and it was a beautiful night. He expressed appreciation to Mayor Garlock for his service. Councilor Paper stated appreciation to Public Works for the snow removal efforts that morning. He congratulated the school board candidates who were elected. Councilor Duggan emphasized the fact that traction on the roads is different due to seasonal changes and he encouraged everyone to slow down and drive safely on Thanksgiving. ADJOURN Councilor Petschel moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 7:59 p.m. Neil Garlock Mayor ATTEST: % Lorri Smith City Clerk November 6, 2019 Mendota Heights City Council Page 7 of 7