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2020-11-17 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 17, 2020 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, and Miller 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. Councilor Duggan requested to add item 8d. Discussion of COVID Impacts and Steps to Safeguard Mendota Heights and the community. Mayor Garlock moved adoption of the agenda as amended. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Miller moved approval of the consent calendar as presented, pulling item f. for a separate discussion. a. Approval of November 4, 2020 City Council Minutes b. Approval of November 12, 2020 Special City Council Minutes c. Acknowledge September 2020 Par 3 Financial Report d. Approve Resolution 2020-77 Accepting a Donation of Equipment to the Police Department e. Joint Powers Agreement (JPA) to Provide Recycling Services g. Approve Solar Array Electrical Wiring Changes at the Mendota Heights Fire Station h. Approve Resolution 2020-78 Certifying Delinquent Sewer Accounts i. Approve Resolution 2020-79 Certifying Delinquent Water Accounts j. Approve the Building Activity Report k. Approve the Treasurer's Report 1. Approval of Claims List m. Acknowledge October 13, 2020 Park and Rec Minutes Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVE HIRING OF PROBATIONARY FIREFIGHTERS Councilor Duggan asked for an update in relation to the number of volunteer firefighters. Councilor Miller commented that six new members are being brought onboard. He stated that in the last few weeks they also had a member return to the department. He stated that as December begins the department will be one person shy of being fully staffed, meaning 35 of 36. He noted that they will work hard to bring the new recruits up to speed as soon as possible. Councilor Duggan commented that he is pleased that the Fire Department continues to attract members that want to volunteer their services. Councilor Duggan moved to approve HIRING OF PROBATIONARY FIREFIGHTERS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) CONSIDER CALLING FOR A PUBLIC HEARING REGARDING A PROPOSED INTERIM ORDINANCE PLACING A MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR November 17, 2020 Mendota Heights City Council Page 2 of CERTAIN CONSTRUCTION AND BUILDING ACTIVITY REGARDING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT Community Development Director Tim Benetti explained that the Council was being asked to consider setting a public hearing date to hear proposed Ordinance No. 560, which establishes temporary moratorium on any proposed and/or requested land use application request, including single-family, multi- family, business and industrial development; new subdivision plats; or construction activity requiring certain land disturbance or building permits. This moratorium would apply to all properties situated in the current Critical Area Overlay District. If the Council wishes to consider this interim ordinance, it should set a public hearing. Councilor Miller asked if a moratorium is a finite tool with an end life. Community Development Director Tim Benetti confirmed that moratoriums are finite up to one year, with one possible extension of 120 days. He stated that City staff would be to complete the work within that one-year period. Councilor Miller commented that he fully supports considering a public hearing for this purpose. He stated that it is important to allow the community to provide input in that transparent format. Councilor Paper stated that everything that the City does is transparent and clear, and the City does not do anything hidden or in secret. He asked why this action is being considered today and why it was not brought forward two weeks ago when a Critical Area Permit was approved, or when another project was approved within the last year. Community Development Director Tim Benetti replied that the City is operating under the existing and current ordinance. He stated that the DNR has stated that the City can continue to operate under its existing ordinance until the new ordinance is adopted that meets the DNR rules. He stated that this moratorium would allow staff to study the rules and implement the new ordinance which impacts the properties within the Critical Area Overlay District. Councilor Paper asked the location of the three permits that are pending at this time. Community Development Director Tim Benetti reviewed the details of the pending applications that would be impacted by this moratorium. Councilor Duggan commented that the Culligan project has been in the process for several months, along with other applications that have been received before this consideration of a moratorium. He was unsure how the moratorium could be enacted without impacting the applications that have already been received. He commented on the use of the language "irreversible damage". He recognized that the language is within our current ordinance and possibly the State language but asked if that language could be changed. He stated that this development proposed is not new and has been in the works for some time, therefore he was unsure how this moratorium would affect that application. November 17, 2020 Mendota Heights City Council Page 3 of Community Development Director Tim Benetti noted that the three submitted applications are still proposed and have not been fully entitled and therefore would be considered proposed. He stated that a moratorium can be enacted while an application is under review. Councilor Duggan asked if City staff has not done a sufficient job, as the language states that the ordinance "may not adequately address". He asked who would write the MRCCA chapter. Community Development Director Tim Benetti replied that the model ordinance was crafted by the DNR and has been provided to the cities to modify and implement it. He noted that the City would be tasked to make the updates and submit to the DNR for review and approval. Councilor Duggan referenced the exemption language related to minor development, noting that he could not find the definition for minor development within City Code. Community Development Director Tim Benetti provided clarification, noting that while minor development is not defined in the ordinance today, guidance is provided by the DNR and provided examples. Councilor Duggan commented that in one of the examples the homeowner was adding living space on top of an existing structure, which did not obstruct views and therefore could be considered as exempt. He stated that people in good faith came forward and presented their plan, received comments and are making changes to their plan to again be reviewed. He stated that in his opinion those requests are in process. City Attorney Knetsch commented that because the Culligan development has not received preliminary plat approval from the City, it is considered to be pending. He stated that the language of the moratorium statute states that it can apply to new or pending development. He stated that if the Council finds it appropriate it could ask for a public hearing on this ordinance. Councilor Miller commented that the discussion tonight is whether the Council will allow for a public hearing, rather than discussing the moratorium or specific projects. Councilor Miller moved to SET A PUBLIC HEARING FOR DECEMBER 1, 2020. Councilor Duggan seconded the motion. Further discussion: Mayor Garlock stated that in his time he has always operated in an honest and ethical way. He stated that he has a problem with allowing a public hearing when there are numerous proposals in the past four years that have been approved within the Critical Area Overlay District; most recently two weeks ago. He commented that there are three applicants within the process and they should be allowed to play out. He stated that if there is a pause in development proposals,that would be the time to consider a moratorium. He noted that ethically he cannot support a public hearing on this moratorium. Councilor Paper commented that if changes need to be made, that should be done when there are no applications in the works. He stated that there are projects that are following the established rules and it would not be fair for the City to move the goalpost. He stated that perhaps it would be appropriate to create the moratorium when there are no applications in process. November 17, 2020 Mendota Heights City Council Page 4 of 9 Councilor Miller commented that the action tonight is simply to call for a public hearing to discuss the proposed moratorium. He commented that he feels it is important to hear the input of the public on this topic. He noted that the Council would then make the decision on whether or not it feels a moratorium would be appropriate. He stated that this would simply open the discussion for input from the community. Mayor Garlock stated that he could support that process as long as it did not impact the three applicants currently in the process. Councilor Duggan commented that two of the applications do not appear to have an impact. He noted that the Culligan application is attempting to work within the guidelines of the City and he would be comfortable to see the next proposal they bring forward. He commented that he would be comfortable excluding the three pending applications and considering a moratorium for future requests. City Attorney Knetsch stated that applications in the process have review deadlines. He commented that in order to exempt the three existing applications, the City would need to enact the moratorium after those reviews are complete. Councilor Miller asked if the City would be under obligation to make a decision on the moratorium after a public hearing is called and held. City Attorney Knetsch confirmed that the public hearing would simply be a public hearing and it would be up to the Council as to the action it would like to take. Councilor Duggan commented that he does not know the details of the Dakota County project and therefore was unsure he would like to exclude that application. He stated that the other two projects have been around for a length of time and the Council is familiar with those projects. He suggested that the two projects be excluded from the moratorium. City Administrator Mark McNeill stated that the Dakota County project has been a multi-year planning process involving the use of grant funds and therefore would suggest allowing the County to provide details on the project to prevent what could then be a delay of multiple years because of the County cycle. Mayor Garlock commented that there are so many unknowns that he would not support a public hearing at this time. Councilor Miller commented that the public hearing simply allows input from the public which could be helpful whenever the Council discusses a moratorium in the future. Mayor Garlock commented that perhaps there should be a workshop discussing the details and this timing would not allow for that. Councilor Paper commented that by waiting to hold this public hearing, it would allow for the Mayor Elect to have input as well as the vacant seat that will be filled. He noted that it would prevent a situation where a tie vote occurs. November L7, 2020 Mendota Heights City Council Page 5 of 9 Councilor Miller stated that it would simply be a public discussion and the Council would not be obligated to make a decision that night and agreed that a snap decision should not be made on this topic. Mayor Garlock stated that he believes that a better process would be to hold a Council workshop and then hold a public hearing after that time. Councilor Paper commented that 40 percent of the people that would be involved in making a decision on this matter are not yet a part of the discussion. He stated that he supports everyone being allowed to provide input but does not want to move the goal. He stated that he would support completing this action once the Council is full so that everyone can make an informed decision at that time. Councilor Duggan commented that those interested in the vacant City Council position could watch, and/or take part in the public hearing. He asked if December 15`h would be a more appropriate date to hold the public hearing. Mayor Garlock stated that the decision could be tabled as it appears the vote will be tied tonight. Councilor Miller asked if a tie vote would preclude the Council from considering the topic again. City Attorney Knetsch commented that a tie vote would fail, and a new motion could be brought forward at any subsequent time. Ayes: 1 (Miller) Nays: 3 (Duggan, Garlock, Paper) Councilor Duggan moved to CONSIDER THIS ITEM AT THE DECEMBER 15TH MEETING WITH A WORKSHOP TO BE HELD PRIOR TO THAT MEETING, IF TIME ALLOWS. Mayor Garlock seconded the motion. Further discussion: Councilor Paper commented that delay would not solve the issue as 40 percent of those that will be involved in the discussion will still not be formal members of the Council. He commented that everyone involved in the decision should be allowed to be a part of the discussion. Councilor Miller suggested that the discussion be delayed until the new year at a date to be determined when the full Council is on board. Councilor Paper stated that he would also prefer to have a full workshop to discuss the topic in depth. Mayor Garlock stated that he supports that process. Councilor Duggan withdrew his motion. Mayor Garlock moved to delay DISCUSSION OF THIS ITEM UNTIL 2021 WHEN THE FULL COUNCIL HAS BEEN APPOINTED AND A WORKSHOP CAN BE SCHEDULED. Councilor Duggan seconded the motion. Ayes: 4 November 17, 2020 Mendota Heights City Council Page 6 of 9 Nays: 0 B) DISCUSS DATE - PROCESS FOR INTERVIEWS OF COUNCIL VACANCY CANDIDATES City Administrator Mark McNeill provided a brief background on this item. The Council was being asked to affirm a process and establish a date to interview candidates for the vacant City Council position. Councilor Duggan moved to adopt THE COUNCIL CANDIDATE QUESTIONNAIRE. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 City Administrator Mark McNeill asked when the Council would like to hold a work session to review the applications received for the vacant Council position. He stated that a work session is also needed to make a recommendation on the consultant for the 2040 Comprehensive Plan update. He suggested a work session date prior to December 15. It was the consensus of the Council to hold a work session on December 8th at 3:15 p.m. at the Fire Station. It was the consensus of the Council to hold interviews for the vacant Council position on Monday, December 14th at 5:00 p.m. at City Hall. C) DETERMINE THE DATE OF THE FIRST CITY COUNCIL MEETING IN JANUARY 2021 City Administrator Mark McNeill stated that the Council is being asked to designate the date of its first regular meeting in January 2021. It was the consensus of the Council to change the first meeting date of the Council from January 5, 2021 to January 12, 2021. D) DISCUSS COVID IMPACT AND STEPS TO SAFEGUARD THE COMMUNITY Councilor Duggan commented on the recent guidance from the governor that people do not gather with their extended families for the Thanksgiving holiday and stay only with their household members. He asked that the Council consider meeting virtually until appropriate guidance is provided from the state. He commented that the Council is not aware of the exposure of the other members of the Council and staff, therefore he believes that the meetings should be conducted virtually. Councilor Miller agreed. He stated that from a safety standpoint it is not helpful to bring people together in a room. He stated that the Council is in the position to provide leadership to residents and should set that example. He commented that holding meetings in a virtual setting would allow people to safely provide input in that format rather than bringing multiple people into City Hall together. He agreed that it makes sense to conduct meetings virtually until the data supports in person meetings. November 17, 2020 Mendota Heights City Council Page 7 of 9 Councilor Paper stated that he is concerned about COVID and is cautious. He stated that coming into City Hall makes him nervous but believes that certain things are given up when holding meetings virtually. He would prefer to hold the two December work sessions in person, as he believes it is important to hold interviews in person. He noted that technical issues could impair an applicant's ability to have a fair interview. He stated that he would support the virtual Council meetings but believed that proper spacing could be provided for the December work sessions. Mayor Garlock asked if the interviews could be held using the WebEx platform. Assistant City Administrator Cheryl Jacobson confirmed that platform could be used. She stated that she would recommend some changes be made in order to have a more live interactive format. She stated that staff would begin to work on the technology immediately to allow for the video interaction element. Mayor Garlock confirmed that there would be adequate space to hold the December work sessions in person, but staff could work on that interactive technology for the other meetings. Councilor Paper commented that those two work sessions involve important topics and he would prefer that those be held in person with the remainder being held virtually. Assistant City Administrator Cheryl Jacobson stated that staff would appreciate some time to ensure proper setup of the system for virtual meetings. She suggested that the change to virtual formatting not occur prior to the December 1" meeting, noting that the change could occur at the December 15`" meeting or preferably that the change take place starting in January 2021. Mayor Garlock commented that he would support that. He expressed appreciation to staff for the hard work they continue to put into the changing dynamics. Councilor Paper commented that he preferred the earlier 5:00 p.m. start time for Council meetings. He asked if there was any feedback from the public related to the 5:00 p.m. start time used earlier this year. Assistant City Administrator Cheryl Jacobson stated that she did not receive any complaints, noting that most people were working from home or their jobs had been shut down during that time. The Council agreed to start holding their meetings virtually starting in January 2021, and to change the regular Council meeting start times to 5:00 p.m. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the yard sign recycling bin is still available at City Hall. He stated that updates to recreation will be available on the City website following the Governor's COVID 19 announcement. COUNCIL COMMENTS November 17, 2020 Mendota Heights City Council Page 8 of 9 Councilor Miller thanked the public works department for its maintenance of trails to ensure continued use by residents. Councilor Paper thanked everyone that attended the meeting tonight, noting that he looks forward to moving on with the new members of the Council soon. Councilor Duggan commended the fire department for gaining new members. He hoped that there is much interest in the vacant Council position as well and encouraged residents to apply. He asked that residents clear snow from around the hydrants near their home during the winter season. Councilor Miller commented that clearing a hydrant can take a few minutes, which would impact the ability to save properties and lives. Councilor Duggan wished a happy and safe Thanksgiving to everyone as well as safe driving during the winter conditions. Mayor Garlock provided an update on the Yellow Ribbon program, noting that they have been working around the clock for the past few days to develop partnerships to develop 50 meals to 50 families. He thanked Oxendale's Market and Cub Foods for their donations. Councilor Duggan commented that local businesses needs local support, and encouraged the community to use those businesses. aI\ TIIbIiI'.i► Mayor Garlock moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Garlock adjourned the meeting at 7:21 p.m. Neil Garlock Mayor ATTEST /J o Lot-ri Smith City Clerk November 17, 2020 Mendota Heights City Council Page 9 of9