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2019-12-03 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 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. PRESENTATIONS A) FIREFIGHTER BADGE PINNING Assistant Fire Chief Scott Goldenstein introduced Firefighters Joe Ahlstrom, Joe King, Amy Patrick, Dan Rice, and Nick Reding. They have completed their one-year probationary period. Mayor Garlock presided over the swearing in of each firefighter. CLOSED SESSION MEETING SUMMARY Mayor Garlock provided a summary of the closed session meeting held prior to this City Council meeting regarding labor negotiations. He stated that no action was taken by the Council. 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 c.) Approve Renewal of Tobacco Licenses and d.) Approve Ordinance No. 550 Amending City Code Title 3, Chapter 4 Concerning Building Contractors Licensing. a. Approve November 19, 2019 City Council Minutes b. Approve November 19, 2019 Council Work Session Minutes c. Approve Renewal of Tobacco Licenses d. Approve Ordinance No. 550 Amend Code Title 3, Chapter 4 Concerning Contractor Licensing e. Accept Resignation of Community Service Officer and Authorize Position Recruitment f. Acknowledge October 2019 Fire Synopsis Report g. Approve October 2019 Treasurer's Report h. Approve Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVE RENEWAL OF TOBACCO LICENSES Councilor Duggan asked if the businesses listed had received a copy of the city code regulations regarding tobacco licensing. City Administrator Mark McNeill replied that the establishments have been informed of the recent changes made. Staff will ensure that the applicants have received a copy of the section of the City Code regulating tobacco. Councilor Duggan asked if this would be the proper time to discuss CBD products as most consider this a part of the tobacco code. It was agreed that this would be a separate discussion for the future. Councilor Duggan moved to RENEW THE CURRENT TOBACCO LICENSES. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) APPROVE ORDINANCE NO. 550 AMENDING CITY CODE TITLE 3, CHAPTER 4 CONCERNING BUILDING CONTRACTORS LICENSING Councilor Duggan noted the announcement made today regarding the Minnehaha Academy and the challenges they had, which necessitated their move to Mendota Heights for a short time. They are now back at their original location. It seems that there might have been some challenges for them. This is a preamble to the idea of Mendota Heights eliminating the licensing of contractors. He stated he cannot support this Ordinance without a discussion as to what exactly it might mean. Councilor Petschel stated that she thought it was quite clear that licensing is already being done by the Department of Labor and Industry; not by the city. Also, upon application for a building permit, the contractor must provide proof that they are licensed by the Department of Labor and Industry and that they have the proper insurance in place. The city is not doing the licensing, the state does the licensing. December 3, 2019 Mendota Heights City Council Page 2 of 11 Councilor Duggan expressed his concern and questioned who is in charge — the state or the city. Every time the city gives more authority or power to the state, the city loses a little bit. He believed that the city should have some sort of a say. He wondered how the City is to know that the individuals coming to do contractor work in the City are actually licensed by the state. City Administrator Mark McNeill replied that this has no effect on inspections, those will still be done by the city and that is the city's responsibility. For the licensing of contractors, the city does not have the capacity to do a background investigation on all of the contractors. Councilor Duggan stated that he believed the city needs to look at the language in the code to indicate that the city is going beyond just accepting someone's word that they are currently licensed. Mayor Garlock replied that there would still be a building permit process and inspections would continue. City Administrator Mark McNeill suggested this topic be deferred to an upcoming Council Work Session. Councilor Petschel moved to defer ORDINANCE NO. 550 AMENDING CITY CODE TITLE 3, CHAPTER 4 CONCERNING BUILDING CONTRACTORS LICENSING to an upcoming work session of the Council. Council Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) ORDINANCE NO. 551 ESTABLISH FEES AND CHARGES FOR 2020, AND APPROVE SUMMARY PUBLICATION OF THE ORDINANCE City Administrator Mark McNeill explained that annually the city updates its fee schedule for services. Staff is proposing to make the following changes to the current fee schedule, which include: • Administration: Eliminate the non-compliance sump pump connection fee • Administration: Delete dog licensing. Microchip technology helps the Police Department find the owners. • Building Codes: Delete contractor licensing. It was recommended to withhold this item until the Code change has been officially approved by the Council. • Building Codes: Delete the portion of the Public Utility or Improved Public ROW Connection. • Police Department: Increase DVD/Electronic Storage Device from $10 to $15 per 8.5 GB. • Police Department: Add Dangerous Dog Registration at $500/year. December 3, 2019 Mendota Heights City Council Page 3 of 11 Councilor Duggan noted that under Administration there was a Certification of Delinquent Sewer Accounts that was changed from $50/per certification to $50/per certification plus 7% interest. He asked if the 7% interest was on both the bill and the late fee. Mr. McNeill replied that it was his understanding that it would just be on the bill. He stated that the city wants to make sure that people have motivation to stay current with their fees. Councilmember Duggan asked for confirmation that the resident would receive a notice in October or November saying that they have not paid their fees. Mr. McNeill confirmed. In regards to the Mining Permit fee, Councilor Duggan asked for an example of mining in Mendota Heights. Mr. McNeill noted this is probably not something the city would see; however, there may be a time when a soil correction is needed (i.e. The Orchard) and that may qualify as a mining operation. Councilor Paper asked how the city determines what a dangerous dog is. Mr. McNeill replied that a dog is cited by the Police Department and the owner is notified. The owner may appeal the decision and request a hearing on the dangerous dog determination. If a hearing is requested, then a hearing officer would make a final determination on whether it is in fact a dangerous dog or not. Councilor Paper asked about tennis court reservations and why there is an application fee but no fee for use of the court. Assistant City Administrator Cheryl Jacobson replied that the city receives several requests for reserving tennis courts each year. The city charges an application fee. In the work sessions held where Park and Recreation Facility and Field Use Fees were discussed, charging a rental fee for tennis courts was not addressed, but that is something that could be discussed in the future. Mayor Garlock moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Mayor Garlock moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Regarding the Critical Area Permit fee, Councilor Duggan asked what the `security deposit determined by staff may be and why is it determined by staff. Community Development Director Tim Benetti replied that was something that was determined during last year's preparation of the fee schedule. It was determined to be a fair and reasonable based on the level of work. It is usually a determination made by the City Engineer and the City Planner. In regards to the Park Dedication Fee for New Commercial/Industrial Lot being 10% of the assessed value of unimproved land determined by County Assessor, Councilor Duggan asked how `unimproved' is determined. Mr. Benetti replied that the city knows what the value of the land is, so if there was a need for a park land dedication, it would be 10% of that current land value of the unimproved part. Councilor Duggan asked if there was a better way to define this, rather than just `unimproved'. City Attorney Andrew Pratt replied that it could certainly be better defined, but the language is largely lifted from State Statutes. Improvements would mean anything like roads, sewers, or buildings. Unimproved is typically vacant land. The County Assessor does the valuations, and that is where staff gets the value from. December 3, 2019 Mendota Heights City Council Page 4 of 11 Councilor Petschel moved to adopt ORDINANCE NO. 551 ESTABLISHING FEES AND CHARGES FOR SERVICES FOR 2020, with the exception of deleting the Contractors Licensing fee, as it will be discussed at an upcoming work session meeting. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Councilor Petschel moved to authorize the Summary Publication of Ordinance No. 551. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-97 APPROVE FINAL 2019 TAX LEVY COLLECTIBLE IN 2020 AND ADOPT THE PROPOSED BUDGET FOR 2020 Finance Director Kristen Schabacker explained the proposed final budget and levy for 2020. In September, the Council adopted the preliminary budget and levy, which was certified to Dakota County. The levy before the Council this evening had three adjustments: • Insurance contribution provided by the city to the employees has been reduced • Expenditures for the casualty property insurance premiums has been increased • Debt service levy has been slightly increased This resulted in the levy being reduced by a total to $73,062. Councilor Duggan asked if the action taken earlier to defer the contractor licensing fees would have an impact on the budget. Ms. Schabacker replied those licensing revenues are not included in the 2020 budget. Councilor Duggan asked when the Par 3 bonds would be paid off. Ms. Schabacker replied that the final payment for those bonds is due February 1, 2023. Councilor Duggan questioned several line items: • Elections increased by 123.53% o Due to three elections scheduled for 2020. There were no elections budgeted for 2019. • Liability and Auto Insurance increased by 38.89% o property casualty insurance premium increase. • Books and Subscriptions increased by 3000% o Some are electronic; however, the remaining was assumed to be charges that had been applied to other line items in the past but now are being reflected more accurately. December 3, 2019 Mendota Heights City Council Page 5 of 11 • Solar Leases increased by 100% -was that because they were just starting and beginning to catch UP o Solar leases will be offset by savings in the city's electrical bills. This should be a wash over time and will be a benefit to the city. • Professional Services increased 900% o This amount includes additional traffic studies requested by the Public Works Director. • Mileage and Auto Allowance increased by 150% o This amount was adjusted to reflect historical expenditures. • Water Service -Public Works increased by 66.67% - is that going to St. Paul Regional Water o This is the monthly water bill for Public Works — 1/3 is charged to streets, 1/3 is charged to parks, and 1/3 is charged to the sewer department. • Doggie Bag Waste Dispensers, $2,500 — how many dispensers are included in this amount o An actual number of dispensers was not available. This information will be provided later. • Legal Publications, a 100% increase o This is for legal publications for any sewer project that may go out to bid. Mayor Garlock opened the floor for comments or questions from the public, of which there were none. Councilor Petschel moved to adopt RESOLUTION 2019-97 APPROVING FINAL 2019 TAX LEVY COLLECTIBLE IN 2020 AND ADOPTING PROPOSED BUDGET FOR 2020. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 B) ORDINANCE NO. 552 AMEND CODE SECTION 12-1G-2 ALLOW INCREASED FLOOR AREA RATIO (FAR) STANDARD NOT TO EXCEED 1.25 FOR PERSONAL SELF -STORAGE FACILITY USES IN THE I -INDUSTRIAL DISTRICT - METRO STORAGE, LLC — APPLICANT Community Development Director Tim Benetti provided background on this application for a Conditional Use Permit and Variance from Metro Storage, LLC to allow for a new three-story, 117,810 square foot personal self -storage facility. The variance was needed to allow them to exceed the floor area ratio from 0.5 to 1.24. The Planning Commission initially made a motion to deny the Variance (3-3-1), which resulted in no recommendation. After working with the Planning Commission and the Council, staff brought a code amendment to the Council to eliminate the FAR for all uses in the Industrial District. This amendment was denied on a 3-2 vote. Additional discussions were held with Metro Storage, LLC and the action before the Council is to review a code amendment for only "Personal self -storage facility" use and request a new standard — that being "H. The floor area ratio for any personal self -storage facility in the Industrial district shall not exceed 1.25". This would not affect other industrial uses or the current 0.5 FAR standard under such district. This item was heard under a public hearing by the Planning Commission on November 26, 2019 who recommended approval by a vote of 6-0. December 3, 2019 Mendota Heights City Council Page 6 of 11 Councilor Duggan asked who came up with the 1.25 FAR concept. Mr. Benetti replied that the applicant came up with the 1.25 figure. Councilor Duggan stated that this is not their city and not their rules. The city should be the one to determine those. He stated what he does not understand is, there was no discussion in the early application of the FAR until they came back requesting the Conditional Use Permit. He explained that he was very uncomfortable with the applicant getting around the need for a variance by changing the Code regulations. Councilor Petschel stated, as a point of clarification, that when the first item came before the Council, adding personal self -storage facilities as an approved use in the Industrial District, it had nothing to do with the building plans. There were no formal architectural plans presented to the city. Nobody knew that the building would be challenged by the FAR. She did not support the change to the City Code to allow personal self -storage uses in the Industrial Park and has never been in favor of this project from the beginning. She continued by stating that she does not like the fact that the Council has been presented with a project that says, `change your conditional use' and `change your FAR'. Councilor Duggan stated that the rules have been made for the city and not for individual businesses. The current standards are being pushed aside. He did not believe this was the way a city should be run. Councilor Duggan stated he did not believe that the Council could create an ordinance that would then permit a variance. The applicant knew what they were going to do; whether they thought about it or not, the rule was still there. The applicant is saying that they cannot do business under that rule, so they need a variance. Mr. Pratt replied that this is true, unless the Council as the legislative body of the city wants to change the actual code language. Councilor Duggan stated that if he had known they would need a variance to the FAR regulation, then he would not have been supportive of this request in August. Councilor Miller stated that he was in agreement with Councilors Duggan and Petschel. He toured the facility in question in Burnsville and thought it was a well-managed, beautiful building. Had he known that the FAR would be an issue, then he would not have continued to support it. He was confident that if it was built in Mendota Heights, it would be run as well and be just as beautiful. Councilor Paper stated that the Planning Commission was unanimous in their recommendation to allow the FAR up to 1.25 for this specific use. He wondered, if the Council had determined the appropriate number on their own by discussing it in a work session setting, if things would be different. Councilor Duggan replied that the City already had the 0.5 FAR in place. He did not see any reason to change it. Councilor Petschel pointed out that the initial request that came before the Council was the consideration of the use in the Industrial Park. No architectural drawings were presented at that time, and they typically are not presented at that time. After the use is approved, then the architectural drawings and specifications come forward, and at that point, staff does the formula to see exactly what the FAR is going to be with the building. This is a series of steps an applicant goes through in terms of approving a building. To keep going back and saying `had I known' — the Council had no way of knowing because there were no architectural drawings available. She did not support the change in the use but that was a totally different consideration than what is before the Council now, which is actual architectural drawings and a formula that exceeds the existing FAR. December 3, 2019 Mendota Heights City Council Page 7 of II Councilor Paper asked how staff defines a floor. Mr. Benetti replied that the definition is `usable floor space'. Mayor Garlock noted that he has received a lot of favorable comments from residents that would like to see a self -storage facility in the Industrial Park. He took the time to go to Burnsville to look at their facility. Their facility is better than a lot of the facilities in the Industrial Park. He was in favor of changing it to a permitable use in the Industrial Park. Then he looked at the recommendations from the Planning Commission to remove the FAR from the ordinance, which was a 6-0 recommendation. He was in favor of that also. It was sent back to the Planning Commission for them to work out something with the applicant. It comes back to the Council now with a 6-0 vote from the Planning Commission recommending approval to increase the FAR for self -storage facilities only. He stated that he was in favor of that also. Councilor Duggan asked if this would come under the concept of spot zoning. Mr. Pratt replied this is not spot zoning because the changes under consideration apply to all defined personal self -storage facilities within the Industrial District. Councilor Miller questioned if the Council had set up a series of additional parameters that would make any future self -storage occupants limited in what they could do within the Industrial Park. Mr. Pratt confirmed. Mayor Garlock opened the floor for questions or comments from the public. Mr. Bernard Friel, 750 Mohican Lane, stated that early on, the applicant tried to provide detailed information about the storage facility. The Council rejected it because that was not the issue before them. What was before the Council was whether or not the Council would permit self -storage facilities in the community. It was also clear that the applicant knew what they were going to put there. They should have known about the FAR as well. The changing of the FAR to 1.25 based on a particular business is poor city planning. He stated that he did not feel that this application was a good idea. Mr. Jim Walston, representing Metro Storage, stated that there is a perception problem with what Metro Storage is trying to accomplish. They identified this site and the property has been vacant for decades. It is an ideal site for this type of use. It is going to have great curb appeal and meets all criteria except for the FAR. It was brought up a few times in the previous discussion that Metro Storage is telling the city to push aside its ordinances and telling the city what to do to meet their own business objectives. Metro Storage has gone through all of the legal requirements asked by the city to apply for what they wanted to do. They respect the city's governing authority over its own land use decisions. They have been patient and have extended the statutory deadlines. As he stood before the Council on November 6, 2019, it was discussed that they meet with city staff to come up with a solution. They did that and brought it to the Planning Commission. They voted 6-0 in favor and now it is before the Council. He stated that the practical impacts of having a FAR that is higher than 0.5 are being overstated. There has been some research done by the city staff that indicated there were a number of municipalities having a FAR in excess of 0.5; or some cities have deleted it altogether. With other regulatory restrictions the city has for this type of use; the height, the setbacks, the green space, parking, etc.; in addition to those other December 3, 2019 Mendota Heights City Council Page 8 of 11 items that the Council put forward, Metro Storage is able to meet all of them. With FAR, because this is a later generation of a type of facility for self -storage, the city does have the stacking and that would be an issue if there was a more intense use. People are not accessing their storage units on a daily basis. The intense use of that just does not happen in this type of business. The FAR requirements, if this amendment is approved, would not be inconsistent with other cities. Councilor Duggan moved to deny ORDINANCE NO. 552 AMENDING TITLE 12, CHAPTER 1, ARTICLE G. BY ADDING A NEW FLOOR AREA RATIO STANDARD FOR PERSONAL SELF - STORAGE FACILITY USES IN THE INDUSTRIAL DISTRICT. Councilor Miller seconded the motion. Ayes: 4 Nays: 1 (Garlock) City Attorney Andrew Pratt informed the Council that a variance application may come forward. C) DISCUSSION OF THE ESTABLISHMENT OF A HISTORIC PILOT KNOB TASK FORCE City Administrator Mark McNeill explained that the Council has been looking for a way to plan for preservation and improvements to Historic Pilot Knob. Pilot Knob is of regional significance for both local and Native American histories. One of the concerns was that while there are a number of agencies and groups that have had portions of responsibilities for the well-being of Historic Pilot Knob, there has not really been any single group charged with its oversight. He said that a couple of months ago, the Council had appointed a study group to take a look at what some of the options might be and to make recommendations. The group recommended that there should be established goals and objectives relating to: 1. Capital Improvement Priorities 2. Natural Resources Management 3. Programs 4. Short- and Long -Term Strategies The committee recommended that since these goals and objectives would have end dates established, this should be structured as a task force rather than as an ongoing city commission. The recommendation was that this task force would be made up of seven individuals who would have relations to Pilot Knob. Members of the Task Force would serve until the activities and goals were accomplished or until they chose to resign. Councilor Duggan noted that this is long overdue. He believes Pilot Knob to be a keystone of the city. He stated that it has always been the goal of the Pilot Knob Preservation Association to get this site listed on the national historical register and they have succeeded. It is a fabulous site and is a part of Mendota Heights. Councilor Miller stated this is a place of cultural, spiritual, and historical significance and he was excited to see this get started. December 3, 2019 Mendota Heights City Council Page 9 of 11 Council Petschel stated that this is a project that started with baby steps and has moved to various partnerships, and is now a recognized historic site. It deserves more attention and guidance. Looking at the future needs of this site is something the city wants to be involved in, however, is not something the city can afford on its own. Councilor Petschel listed the opportunities that a task force could provide. Ms. Gail Lewellan, representing the Pilot Knob Preservation Association, stated that what has been stated is very much in concert with the concept that the study committee talked about. This is an opportunity to form stronger partnerships with the groups that also have a stake in Pilot Knob. It is a National Register of Historic Places site that is under the Council's care and the decision making will continue to be under the Council's care. This site has become a very important destination for school children to visit and learn about. There are some challenges to accessibility and with erosion. There is a need for additional interpretation at the site. In light of that, she requested that the Council approve the recommendation for the task force. Councilor Paper stated that this site is so historically significant both good and bad; locally, statewide, federally; it has tremendous meaning to so many people and Mendota Heights is lucky to be the stewards it. It is the city's responsibility now to figure out a way to let more people know about this site. Councilor Duggan moved to authorize the establishment of a Task Force for Historic Pilot Knob, and authorize the study group to identify candidates for appointment by the Council to the Task Force. Councilor Petschel seconded the motion Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill encourage everyone to check the City's website for winter break activities. He stated that the City is hiring ice rink attendants and encouraged those interested to apply. COUNCIL COMMENTS Councilor Duggan encouraged residents to shop locally and drive safely during this holiday season. He asked how the new public works equipment was working. City Administrator Mark McNeill replied that Mr. Boland informed him that the city has four truck routes that are taken care of through a single axle dump truck, with a front and a wing plow. There are six other routes that are smaller, with pick-up trucks for routes that include cul-de-sacs, trails, and parking lots. Councilor Duggan asked if there were any holiday celebrations taking place at Mendota Plaza or Mendota Village. Assistant City Administrator Cheryl Jacobson stated that staff has issued a permit for a Menorah Lighting. That event will take place in Market Square Park. December 3, 2019 Mendota Heights City Council Page 10 of]] Councilor Duggan expressed his appreciation to Ms. Lewellan and the Pilot Knob Preservation Association for all of the work they have done. Councilor Paper stated he is excited to see what happens with Pilot Knob with more attention being paid to it. He stated the Menorah Lighting is scheduled for December 22, 2019. He expressed appreciation to the Public Works Department for the work that they do. He appreciates seeing noticeably less salt on the roads, which he believes is a win/win for everyone. Councilor Miller complimented the Public Works Department for a great job. If a resident has a fire hydrant outside of their house, he encouraged them to remove the snow from around it. Mayor Garlock stated that everyone should be proud of the St. Thomas Academy football team for making it to the championship game in the State High School Football Tournament. Councilor Petschel referenced something she read in the Pioneer Press. The University of Minnesota has a new endeavor that is extremely well funded. It is a Department of Pests. They want to address the emerald ash borer, the pine beetle, and buckthorn in the state. One thing they had proposed was to cut the buckthorn and then treat the stumps. Now they are saying to not do that because it comes back and re - seeds itself. There needs to be native plantings planted very densely around the buckthorn to cut off the sunlight, the water, etc. from the buckthorn and choke it out. That is proving to be more successful. It is going to be important to follow their research. Councilor Petschel thanked everyone who lives on Wagon Wheel as it is a beautiful drive with all of the decorative lights. ADJOURN Mayor Garlock moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:52 p.m. ATTEST: t 6 -chi.' Lorri Smith City Clerk Neil Garlock Mayor December 3, 2019 Mendota Heights City Council Page 11 of]]