2020-03-04 Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Wednesday, March 4, 2020
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 Paper, Miller, and Petschel were also
present. Councilor Duggan was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda for adoption. Councilor Petschel made a request to add Item 9d.
Signage at Pilot Knob Historical Site. Councilor Petschel moved adoption of the agenda as amended.
Councilor Miller seconded the motion.
Ayes: 4
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.
a. Approval of February 18, 2020 City Council Minutes
b. Approval of February 19, 2020 Council Work Session Minutes
c. Acknowledge the January 14, 2020 Parks and Recreation Commission Meeting Minutes
d. Acknowledge the January 28, 2020 Planning Commission Meeting Minutes
e. Approve Purchase Order for Ash Tree Removal
f. Approve Community Service Officer Hire
g. Approve Police Officer Promotion to Sergeant
h. Accept Firefighter Retirement
i. Approve Purchase of Fire Station Fitness Equipment
j. Approval of Contract for July 4th Fireworks Display
k. Ratify 2020-2021 Labor Agreement with the Minnesota Public Employees Association
1. Acknowledge Fire Synopsis Report — January 2020
m. Approval of Claims List
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
PRESENTATIONS
A) ROGERS LAKE WATER QUALITY REPORT — SAINT THOMAS ACADEMY
Public Works Director Ryan Ruzek provided background information on the water quality testing
conducted by Saint Thomas Academy students at Rogers Lake each year, noting that Tony Kinzley is
present to provide the annual report.
Tony Kinzley, Saint Thomas Academy teacher, stated that this past year he had three classes for a total of
about 60 students that conducted the monitoring to put together the results in the report.
Nick Horst, student, reported on the health and quality of Rogers Lake. He stated that with testing and
work, water quality can be improved. He provided background on the different testing locations and tests
completed throughout the year. He provided a table displaying the results.
Teddy Lotter, student, presented data on the different tests completed including dissolved oxygen, fecal
coliform, biochemical oxygen demand, change in temperature, and pH.
Will Hoppy, student, presented data on the remaining tests completes including nitrate, total phosphates,
turbidity, total solids, and overall rating.
Joe Brennan, student, concluded the results of the study highlighting the historical overall average ratings
of the lake. He stated that since the program began, the water quality has trended in a positive direction.
He highlighted some of the positive outcomes from the testing this year, noting that the last four years of
data are the highest results received overall throughout the program. He reviewed some areas of
improvement for the future and some possible solutions that could assist with improvement of water
quality.
Councilor Miller referenced the readings related to the total phosphates and asked if the soil disruption on
the west end of the lake due to buckthorn removal could have impacted that number. Mr. Brennan
confirmed that could negatively affect the water quality.
Councilor Paper asked if the depth of the water has an impact on the temperature reading. Mr. Brennan
replied that the tests they complete are based on the water temperate around the shoreline and therefore
depth does not impact that result. He explained that areas that receive more sun could result in higher
readings than those that remain in shade.
March 4, 2020 Mendota Heights City C0uncil Page 2 of 7
Councilor Petschel thanked the students for collecting this data. She stated that the City distributes a
newsletter that often highlights best practices for preventing water pollution. She commended the students
on the report.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2020-15 APPROVING A LOT LINE ADJUSTMENT FOR 1875 AND 1885
HUNTER LANE (PLANNING CASE 2020-02)
Community Development Director Tim Benetti explained that the Council was being asked to adopt a
resolution approving a lot line adjustment between two properties located at 1875 and 1885 Hunter Lane,
owned respectively by the Cosgriff and Van families.
Councilor Petschel commented that this seems a logical proposal.
Councilor Petschel moved to approve RESOLUTION 2020-15 APPROVING A LOT LINE
ADJUSTMENT BETWEEN THE PROPERTIES LOCATED AT 1875 AND 1885 HUNTER LANE.
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
B) RESOLUTION 2020-16 APPROVING A VARIANCE FOR 554 JUNCTION LANE (PLANNING
CASE 2020-03)
Community Development Director Tim Benetti provided a brief background on this item. The Council
was being asked to consider adopting a resolution, which would approve a Variance of two -feet from the
ten -foot side -yard setback requirements, for a new garage addition for property located at 554 Junction
Lane.
Councilor Petschel stated that the hardship in this case is the pie shaped lot and the City has been consistent
in acknowledging the hardship in meeting setbacks. She commented that this is a wonderful neighborhood
and she likes seeing improvements made to the homes.
Councilor Miller moved to adopt RESOLUTION 2020-16 APPROVING A VARIANCE FOR
PROPERTY LOCATED AT 554 JUNCTION LANE.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
March 4, 2020 Mendota Heights City Council Page 3 of 7
C) RESOLUTION 2020-14 APPROVING A CONDITIONAL USE PERMIT AUTHORIZING THE
AMENDMENT TO THE MENDOTA HEIGHTS TOWN CENTER PLANNED UNIT
DEVELOPMENT — THE VILLAGE AT MENDOTA HEIGHTS (PLANNING CASE 2020-01)
Community Development Director Tim Benetti provided a brief background on this item. The Council
was being asked to consider adopting a resolution, which would approve a conditional use permit (CUP)
authorizing an amendment to a previously approved planned unit development (PUD) and its
accompanying master development plan. This original PUD was created in 2002 as "The Mendota
Heights Town Center" and is now retitled or locally identified as The Village at Mendota Heights. The
properties are located at 725 Linden Street and 735 Maple Street.
Mayor Garlock stated that the City has been involved in this process for three years, with many concepts
and proposals reviewed. He commented that this proposal is the right fit for the site with the proposed
density and the addition of a new restaurant. He applauded staff for their hard work on this project.
Councilor Miller referenced the stormwater management summary and asked the overall percentage of
impervious surface for this site. Public Works Director Ryan Ruzek replied that there would be a total
2.67 acres of impervious on the site which would equate to about 58 percent impervious coverage.
Councilor Miller asked the Code requirements related to impervious surface coverage for a lot this size.
Public Works Director Ryan Ruzek replied that commercial and industrial parcels are allowed to have up
to 75 percent impervious surface coverage. He explained that the majority of the greenspace is found in
the outlots and not in the direct commercial development area.
Councilor Paper asked for additional clarification on the rate of runoff. Public Works Director Ryan
Ruzek explained how the rate of runoff is calculated. He explained that the MPCA has stormwater
requirements requiring one inch, while the watershed that the City belongs to is slightly more stringent
than the state requirements.
Councilor Paper referenced the park dedication fee and asked how the restaurant is calculated.
Community Development Director Tim Benetti replied that the $4,000 per unit is being charged for the
residential development and nothing for the restaurant.
Councilor Paper asked why the co -working space was eliminated. Director Tim Benetti commented that
after further review, the developer determined that would not be a fit in this development as it would be
difficult to provide security for residents. He explained that the restaurant would have a separate entrance.
Councilor Paper expressed concern for the nearby residents, as this is a change for the area. He asked what
the hours of operation would be for the restaurant. Director Tim Benetti noted that a similar concern was
raised by staff and the Planning Commission. He stated that a vegetative screening was discussed and the
developer was open to that suggestion.
Councilor Paper stated that most of the patio faces inside to the development, with the exception of the
end that gets close to the neighboring homes. He commented that his concern would be the noise for the
nearby residents.
March 4, 2020 Mendota Heights City Council Page 4 of 7
Councilor Petschel asked if something could be done on the southwest end that faces Dodd Road, in terms
of noise control.
Mr. Paul Dzubnar, restaurant operator, stated that the edge of the patio is 200 feet from the closest home
with a busy state highway in between that also provides noise. He stated that the patio would be closed
at 10:00 p.m.
Councilor Paper stated that he hopes the business is successful but wants to do something proactive rather
than reactionary. He stated that he is unsure of the exact answer but wants to try to do the best he can for
the homes across the street. He commented that this project fits the needs and scale of the community.
Councilor Petschel suggested that a recommendation be made for the developer and restaurateur to
determine the best practical solution to the issues raised by Councilor Paper.
Mr. Dzubnar confirmed that they could review the plans to propose a solution to mitigate the noise.
City Attorney Andrew Pratt commented that there will also be a development agreement between the
developer and the City, and those details could be addressed in that document.
Councilor Paper asked for details on the snow removal and snow storage areas.
Mr. Judd Fenlon, Grand Real Estate Advisors, stated that there was a fairly extensive discussion regarding
snow storage and removal at the Planning Commission. He stated that he worked with their engineer to
identify five areas for snow storage with appropriate landscaping under that could support that use.
Councilor Paper asked if the corner identified for snow storage would impact visibility. Mr. Fenlon stated
that they would be cautious of how much snow is stored in that area and would haul snow from the site
before impacting the visibility for traffic.
Councilor Paper referenced the 16.25 -foot setback requested and asked for information on that location.
Community Development Director Tim Benetti identified the location of that reduced setback.
Councilor Miller referenced the issue of park dedication and asked if that would be revisited in the future
for the restaurant. Community Development Director Tim Benetti replied that the ordinance of the City
states that park dedication is based on a per unit residential fee or 10 percent of the assessed value of an
unimproved commercial/industrial site. He explained that with this mixed-use project the City chose to
go with the per unit price for the residential portion of the project. He stated that staff felt that this is a
fair offer as to what is provided in this development plan.
Councilor Miller stated that he would agree with the residential per unit charge but believed that the
restaurant is a standalone project.
City Attorney Andrew Pratt stated that, in his experience, park dedication is only charged on residential
developments. He stated that the logic is that when new residents move into the community, that provides
more users to the parks.
March 4, 2020 Mendota Heights City Council Page 5 of 7
Councilor Miller asked if the park dedication fee has not been charged to a non-residential development
in the past. City Attorney Andrew Pratt confirmed that to be true.
Councilor Petschel stated that she has appreciated working with this developer, as there has been a sincere
desire to work with the City to find a good fit for this area. She stated that she believes that the buffer
between this property and the condominiums was important and was pleased to see that maintained. She
was pleased to see that the developer continues to work with the HOA to determine if there is anything
that would be mutually beneficial in terms of ongoing maintenance. She noted that she also appreciated
the change to the entrance of the building. She stated that this project meets a need that the City continues
to hear in the community.
Councilor Paper asked if the City is still on track to close on this property at the end of March. He also
asked when the developer plans to break ground. Community Development Director Tim Benetti
provided an update on the timing, noting that the closing would be on track for March 31St, but that date
could be extended, if needed. He stated that the goal of the developer is to begin work as soon as this
process is complete, and their bid documents are completed.
Mayor Garlock moved to adopt RESOLUTION 2020-14 APPROVING A CONDITIONAL USE
PERMIT AUTHORIZING AN AMENDMENT TO THE 2002 THE MENDOTA HEIGHTS TOWN
CENTER PLANNED UNIT DEVELOPMENT, N/K/A/ THE VILLAGE AT MENDOTA HEIGHTS,
LOCATED AT 725 LINDEN STREET AND 735 MAPLE STREET.
Councilor Petschel seconded the motion.
Ayes: 4
Nays: 0
D) SIGNAGE AT PILOT KNOB HISTORICAL SITE
Public Works Director Ryan Ruzek provided background information on this item. He stated that the
Council is being asked to consider signage for the Pilot Know Historical Site.
Councilor Petschel commented that the permanent wooden sign would match the existing signs of other
City parks and would help visitors to identify the location. She stated that once the wooden sign is
installed, this sign would be moved to the parking area. She commented that the group is composed of
highly skilled individuals that share the same commitment to this precious and sacred piece of land.
Councilor Petschel moved to approve the donated sign from the Pilot Knob Preservation Society and
authorize Public Works to post the regular sign once available.
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
March 4, 2020 Mendota Heights City Council Page 6 of 7
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the ice rinks are closed for the season and they are
looking forward to the Par 3 opening. Summer registration is open online. Thanks to those who attended
and worked on the fire sale at the Fire Station last Saturday.
COUNCIL COMMENTS
Mayor Garlock thanked the City Clerk and other staff for the great job on the primary election.
Councilor Paper expressed congratulations to Sergeant Gorgos. He wished good luck to the Saint Thomas
Academy hockey team at the state tournament and thanked the cadets for their presentation on Rogers
Lake.
ADJOURN
Mayor Garlock moved to adjourn.
Councilor Petschel seconded the motion.
Ayes: 4
Nays: 0
Mayor Garlock adjourned the meeting at 8:16 p.m.
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Neil Garlock
Mayor
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Lorri Smith
City Clerk
March 4, 2020 Mendota Heights City Council Page 7 of 7