Loading...
2020-12-01 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 1, 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 (arrived at 6:03 p.m.), 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 Paper moved adoption of the agenda. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented. a. Approval of November 17, 2020 City Council Minutes b. Approval of November 12, 2020 Council Work Session Minutes c. Acknowledged October 27, 2020 Planning Commission Minutes d. Approval of Canoe Rack Rental Policy e. Acknowledge August 2020 to October 2020 Fire Synopsis f. Approval of Claims List Councilor Miller seconded the motion. Ayes: 3 Nays: 0 Councilor Duggan arrived. PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2020-81 APPROVE LOT SPLIT AND CRITICAL AREA PERMIT —1680 LEXINGTON AVENUE S Community Development Director Tim Benetti explained that the Council was being asked to consider a resolution approving a Lot Split and Critical Area Permit for property at 1680 Lexington Avenue South. Councilor Paper acknowledged that the new owners of the second lot would need to apply for their own Critical Area Permit. He asked how much area would be disturbed. Community Development Director Tim Benetti replied that the bluff line setback would not be impacted. He stated that invasive species can be removed, noting that the DNR encourages that. Councilor Paper asked how much closer to the road the new home site would be. Mr. Benetti replied that the potential house pad would move 40 to 50 feet closer to Lexington. He stated that the goal was to create minimal disruption by construction. The new homes would need to provide for the necessary setbacks. Public Works Director Ryan Ruzek provided dimensions for the driveway and parking pad. Councilor Duggan thanked the property owner for presenting a development more suitable for this area. He asked if the property owner would be willing to complete a tree inventory to determine invasive and good species. Mr. Benetti advised of the tree report that was included in the Council packet. He stated that the intent is to stay out of the bluff area. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Mayor Garlock moved to close the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Councilor Duggan referenced the proposed resolution and provided grammatical suggestions for change. Councilor Duggan moved to adopt RESOLUTION 2020-81 APPROVING A LOT SPLIT AND CRITICAL AREA PERMIT FOR 1680 LEXINGTON AVENUE. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 December 1, 2020 Mendota Heights City Council Page 2 of 14 B) RESOLUTION 2020-82 DENY PRELIMINARY PLAT OF VALLEY VIEW OAK 3RD ADDITION WITH A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT THE NW QUADRANT OF VICTORIA CURVE AND GLENHILL ROAD Community Development Director Tim Benetti explained that the Council was being asked to conduct a public hearing and consider a resolution denying the proposed Preliminary Plat of "Valley View Oak 3`a Addition", which includes a Critical Area Permit and Conditional Use Permit. The subject property is generally located at the northwest quadrant of Victoria Curve and Glenhill Road. Councilor Duggan stated that if the applicant is willing to widen the road later, why not require that now. Mr. Benetti replied that could be requested now. Councilor Duggan asked if it would be appropriate to have signage within the bluff protection area to make people aware that area is protected. He commented that he believed that roads were not allowed to be above an eight percent grade. Public Works Director Ryan Ruzek replied that the Code has a maximum street grade of six percent but noted that he does allow up to eight percent. He stated that ten percent is the maximum slope for driveways. He noted that this is being called a private access drive and could have a grade up to eight percent. He provided examples of previous developments in which eight percent has been allowed. Councilor Miller asked if the proposed grade would be above the grade allowed by City Code of six percent. Mr. Ruzek replied that this would be a private drive and therefore would not have to meet the maximum six percent grade. He confirmed that there are driveways and streets which exceed the grade allowed by Code. Councilor Paper asked why the sixth lot is being added into the development, rather than keeping the existing home site separate. Mr. Benetti noted that the existing home would remain the same and the lot would be extended to connect to the private drive but the property rights on Glenhill would remain. Michelle Culligan, applicant, stated that this development has been anticipated for over 20 years and they have worked with staff for the past year to get to this point and find a development that would be appropriate for the site. She explained that the existing property is included in the proposed plat in order to shift the property line to protect three existing spruce trees. She referenced the language from the City Code related to buildable area and clarified that she believes the language means that the developer must show that each lot is capable in the future of meeting the 18 percent slope requirement for structures. She stated that this development proposal has a lesser impact on the natural resources on the site. She stated that she would be fine constructing the road to 24 feet in width, if requested. Mike St. Martin, representing Loucks Engineering, stated that the proposed development would reduce the impact from 4.3 acres to three acres when compared to the previously proposed eight lot development. He stated they feel that this proposal meets all requirements and that they can support a buildable area on grades of 18 percent or less for all lots. He displayed the slope analysis, identifying the proposed private drive and home pads. He stated that following the Planning Commission meeting the previous week, they completed additional overlays to identify where homes could be placed on less than an 18 percent slope along with a driveway connection to the private drive. He displayed that information for the Council. December 1, 2020 Mendota Heights City Council Page 3 of 14 Councilor Duggan asked for details on the retaining walls Mr. St. Martin provided details on the retaining wall height, distance, and landscaping. He reviewed the details of the overall grading plan and stormwater management. He provided a section view for a double walk out home. He identified the area highlighted in green which matches the area proposed to be protected by the DNR. He stated that the proposed conditions would attempt to capture as much runoff as possible and would provide a 36 percent rate of improvement for the residents in the city of Mendota. Councilor Paper referenced lot one which would have two five foot retaining walls terraced. He commented that when terraced the heights would be added together which would equate to a ten -foot wall. Mr. St. Martin replied that the Code does allow for the terracing as shown. Councilor Paper commented that when terracing, that load is no longer a five-foot wall load as the upper load would transfer to the lower section. He referenced the six- or eight -foot walk out shown for lot four and asked for details. Mr. St. Martin provided additional explanation. Councilor Paper asked the proposed ceiling height for the levels of the double walk out homes. Mr. St. Martin replied that they looked at generalities of what could be built, not specific home plans. Councilor Paper asked if there would be curb along the private drive. Mr. St. Martin confirmed that they would have curb and gutter to direct water to the catch basins. Councilor Paper stated that a pond is proposed to be constructed on the bluff which is above the city of Mendota. He stated that his concern has always been for the people that live down below. Mr. St. Martin replied that a combination of cut and fill would be used to create the pond. He stated that clay would be imported to create the liner in the pond and a filtration bench. Vegetation would be established on the banks of the pond and the emergency overflow area would be reinforced as well. He described the path where water would flow in an overflow event. Councilor Paper commented that 100 -year storms now come more frequently and asked why things are not designed for a 500 -year storm. He asked what would happen if there were two 100 -year storm events in one summer and how the redundancy could be improved. Mr. St. Martin replied that they are meeting the City requirements for the 100 -year storm event. He stated that anything under the 100 -year storm event would be going into the City storm sewer and MnDOT system. He stated that in the event of an overflow they would enact additional protections to protect against erosion. He stated that if they looked at additional capacity that would be beyond what is required. Councilor Paper commented that there are people that live below the hill and he wants to know how those homes are being protected. He stated that there is already a pond on the site where pile was driven into the ground and asked why that is not proposed for this pond. Mr. St. Martin replied that there is an existing pond on the north side that has a sheet pile wall, noting that did not have grading or fill and the sheet pile wall was easiest way to create that pond. He stated that ponds are built to a standard throughout the City and State. He stated that if there is a 100 -year storm event, every pond in Mendota Heights would face the same issues. December 1, 2020 Mendota Heights City Council Page 4 of 14 Councilor Duggan commented that, in most instances, a drainage pond is built lower with water drainage into it whereas this pond would be constructed higher up, similar to a reservoir with homes below. Mr. St. Martin replied that they were shown different ponding options but noted that placing the ponds at the bottom of the hill would create problems with access needed for maintenance. He stated that this placement meets the goals of the City to create a stormwater pond in that area that captures as much water as they can. Councilor Miller asked the number of gallons that this pond would hold. He asked who would be responsible for maintenance of the pond. Mr. St. Martin replied that the entire utility system and the pond would be under an easement and would be the responsibility of the City. He noted that this proposed pond would be about one third the size of the pond in front of City Hall. Mayor Garlock stated that a comment was made that 36 percent of the runoff would be captured through this development. He stated that would be an improvement over zero. Councilor Duggan asked the impact that the impervious surface created through this development could have on runoff. Mr. St. Martin replied that the pond treats the rate, provides volume reduction, and improves water quality prior to discharge into the storm sewer in order to compensate for the impervious surface that would be added. Councilor Duggan asked what would happen if the rain event were heavier and was more than a one -inch event. Mr. St. Martin replied that if there were back to back 100 -year storms, the pond would be at capacity and the remaining water would follow the overflow route. Councilor Paper asked the typical depth of a pond. Public Works Director Ryan Ruzek replied that six feet is the standard depth for a NERD pond. He stated that staff has not dug into the pond design at this time. There is possibly more capacity in the discharge pipes that are in place. He stated that if this is approved, the outlet could possibly be the primary overflow rather than having that go down the hill. Brian Ripp, Braun Intertec, stated that he walked the site and did not see evidence of slope instability. He stated that four borings were drilled, initially to 25 feet. The initial analysis determined that the borings were not deep enough and therefore two borings were drilled to a depth of 60 feet which they felt provided the adequate information. He stated that they modeled in the northwest area in order to predict the worst- case scenario, using a double walk out home and conservative assumption of groundwater levels. He noted that even under that modeling scenario they were able to design to a factor of safety of 1.7, which exceeds the minimum factor of 1.5. He stated that they are comfortable with the slope information and layout of the lots. He stated that if this moves forward, they would do additional borings and analysis on each home site to ensure that any necessary modifications are made. Councilor Paper commented that groundwater was found to be located at 25 feet in the area where the proposed road would be constructed. He asked how the depth of 60 feet was chosen. Mr. Ripp replied that decision was based on experience and the analysis that was done from the 25 -foot borings. He stated that the deeper borings provided them with the information necessary to complete the slope analysis. December 1, 2020 Mendota Heights City Council Page 5 of 14 Councilor Paper asked why borings were not closer to the west, where the backside of the structures would be located. Mr. Ripp replied that accessibility was a factor as they wanted to keep disturbance to a minimum. He stated that at this level of design they are comfortable with the level of the borings. Councilor Paper stated that more work will be done behind the boring locations and therefore he worries for the safety of the people below the hill because more disturbance was done than perhaps should have been done. He asked for input on the retaining wall question he asked earlier related to lot one. Mr. Ripp stated that there is a load redistribution in a stair step manner. He stated that a boring would be done in that specific wall area and analysis would be done in the retaining wall to address the stability of the wall itself and also global stability. He explained that the fill placed behind the walls would be denser and stronger along with grid reinforcement that provides strength to the soil. Councilor Miller asked for input on the different findings between the Braun report and the Kelton Barr report. Mr. Ripp replied that he is a geotechnical engineer that specializes in slope stability while Mr. Barr specializes in groundwater. He stated that he provided a letter in response to the comments of Mr. Barr. He stated that the biggest issue was whether the development would serve as a barrier for groundwater seepage and this proposal would not. He stated that the groundwater levels found in the borings were much deeper. He stated that Mr. Barr's report mentioned that the borings should be deeper and noted that they had already arrived at that decision and did deeper borings. Councilor Miller referenced the letter from the Department of Interior from November which asked for more analysis and fear of instability because of the steep slopes. Mr. Ripp stated that they will continue to explore the site further as this process moves forward building upon the information they have gathered. Councilor Miller stated that the current City Code states that the parcels need to be able to support a buildable area on grades less than 18 percent. He asked how much of the land inside of the green area on the map is less than 18 percent slopes. Mr. St. Martin provided additional information on the slopes and noted that many of the areas in yellow are slightly above 18 percent, therefore acting as a transitional area. Councilor Miller stated that the Code states less than 18 percent whereas he believes the green area includes slopes of 18 percent. Ms. Culligan stated that the requirement is for them to prove/demonstrate that this can be built and will be able to support under 18 percent. She stated that the next stage will include that additional review and if a CUP would be required it would be no longer than any other single lot in the City which has slopes of 18 to 40 percent. She stated that none of the other requests, including the first case heard tonight, included this level of review for slopes. She believed that there should be consistency as to how the rules are applied to them and all other applications. Mayor Garlock asked for input from staff. City Attorney Knetsch stated that the question is whether the Code refers to existing conditions or proposed conditions and it has been the position of staff that it refers to proposed conditions. He stated that if this is approved, each lot would need to come back and demonstrate that it meets that standard. Councilor Duggan stated that this development has the right to develop and has reduced the number of homes from eight to five. He stated that there have been geotechnical reports and analysis completed. The December 1, 2020 Mendota Heights Cary Council Page 6 of 14 applicant has listened to the comments and he likes the direction this is moving in and will support this application. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Julie Hunt, 1224 Culligan Lane, stated that this proposal has weighed heavily on many of the neighbors, noting that the neighbors of Mendota have been at every meeting speaking of their concerns and against this proposal. She stated that there have been concerns that sufficient geology of the slopes was not conducted and further review would be needed to determine what is happening underground and what the impacts could be from the disruption that would occur during construction. She stated that the neighbors pooled their resources and hired Mr. Kelton Barr to complete a report. She stated that she also spoke with several other experts that recommended geotechnical analysis using new technologies. She stated that soil movement is not covered by homeowners insurance. She affirmed the unanimous vote of the Planning Commission to deny this request as it is not consistent with the general code and Comprehensive Plan. She stated that the DNR has established a bluff protection area in its updated 2017 regulations. She stated that the data from the 2017 update is much more accurate and includes underground spring mapping. The bluff impact zones (BIZ) are subject to erosion and failure and therefore clearcutting and building of structures are prohibited. She stated that experts expressed concern with the fragile area above the bluff line, noting that the DNR is concerned with significant grading and tree removal in this sensitive bluff area. She stated that the BIZ designation places building and tree removal restrictions not just on this parcel but on her property as well. She referenced section nine of the Comprehensive Plan which identifies the City's plan for these the BIZ areas and a goal of protecting these areas from private development. She noted that only one lot of the five does not touch the BIZ overlay on the property. She asked the Council to consider the actions taken by the DNR in 2017, advice of the experts, information from the Comprehensive Plan, and the unanimous vote of the Planning Commission and deny this request. Alan Olstein noted that the Braun report is identified as preliminary and stated that final geotechnical reports would be provided after further borings and analysis are completed. He stated that the point is that the geotechnical report is incomplete, and the applicant is requesting a CUP, which should be denied until a complete and thorough geotechnical analysis is completed. He stated that the safety of the community is not just Mendota Heights residents but also Mendota. Sandra Krebsbach, 1230 Culligan Lane, stated that she owns property on the shelf and below is the city of Mendota. She stated that her home was built on bedrock with additional fill added. Nothing was removed from the land and they kept the significant trees. She stated that they have not had a structural failure as their home was built to fit into the property. She stated that this development would put everyone at risk. There is not a problem on the land because it has full tree coverage and has not been disturbed. She stated that in 1985 this was designated as a not buildable outlot. She asked the Council not to approve this as this could jar all of the homes on the shelf and could cause a slide. She stated that silt fences were discussed for protection during the construction phase to prevent erosion. She stated that if this goes forward, the project would need to be managed and monitored every step of the way because of its complexities. She stated that the language related to a buildable pad is meant to relate to the existing situation and not the proposed situation, as the Planning Commission determined it to be. December 1, 2020 Mendota Heights City Council Page 7 of 14 She stated that pads three, four and five are different than what was reviewed by the Planning Commission one week ago. Mark Culligan, stakeholder in the Culligan property, stated they completed a boring near Ms. Kresbach's property and did not hit bedrock. He stated that there are some limestone shales on the property, so perhaps that is what she referenced. He stated that he is confident that the proposal presented tonight has not been amended since the review of the Planning Commission. He stated that these are not steep slopes and are instead gentle slopes. He thanked those members of the Council that have walked the property to see how gently sloping the home pads are. He stated that his family farm has gone back almost 100 years and they care about the development. They have hired a team of experts to assist in the preparation of these plans. There being no one further coming forward to speak, Councilor Miller moved to close the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Councilor Paper stated that he is concerned that they do not have all of the information. He stated that the City hired its own engineer to interpret both reports and the conclusion was that there was not enough information to move forward. He stated that his concern is with safety. He stated that the property owners have a right to develop their land and asked if there is a way to lessen the impact and be a better steward as to what will go down the hill. He stated that he cannot control the development that has occurred prior to this time but is concerned with lots four and five and what could happen when the land is disturbed. He stated that he likes the idea that one third of the water would be captured but he is concerned with the large rain events. Councilor Miller echoed the comments of Councilor Paper, noting that he is recommending more study and exploration of this area. He stated that he is inclined to affirm the recommendation of the Planning Commission. Councilor Duggan stated that no one has said that this plan will not work. He stated that there are solutions that could address the concerns addressed tonight. He stated that the applicant has indicated that they believe this would work and it is the decision of the Council as to what they believe. He stated that City staff reviews the information received and ensures compliance with the rules of the City. He was unsure what the hesitation on this is, as engineering will continue to be split on this case. He stated that the engineer has stated that based on their understanding and knowledge this design will work. He commented that the applicant has listened to the community and believes that this product will work, noting that the applicant is amenable to changes that may be necessary as the process moves forward. He stated that he supports what the applicant is doing and would support this moving forward. Councilor Duggan moved to adopt RESOLUTION NO. 2020-82 APPROVING THE PRELIMINARY PLAT OF VALLEY VIEW OAK 3RD ADDITION WITH A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST QUADRANT OF GLENHILL ROAD AND VICTORIA CURVE. Mayor Garlock seconded the motion. December 1, 2020 Mendota Heights City Council Page 8 of 14 Further discussion: Mayor Garlock commented that through the years he has been to a lot of emergency calls within the Critical Area, some of those areas have been unstable for some time. He stated that he walked the site today and it appears to be much more stable than other locations. He believes that the applicants have completed their due diligence and will continue to drill borings and make adjustments. He commented that there will continue to be hurdles to jump over as the project moves forward and adjustments would be made as they are in other projects as well. Councilor Paper stated that his concern is for the safety below once this land is disturbed. He stated that he is not antidevelopment, but it is unique when working in the Critical Area. He commented that if more information and data can be gathered to ensure him that it would not go down the hill, he would perhaps reconsider. He stated that he wants evidence that disturbing this land would not create an issue. Councilor Duggan stated that the City is a steward of the bluff and recognized that some regulations have been changed with the 2017 update. He stated that the opportunity is there for the City to allow development of this property in the safest manner. Mayor Garlock commented on the discussion at the Planning Commission related to the borings and the applicable expertise of the engineer, along with the comment that he does not have the crystal ball. He stated that there are no guarantees, but 35 years of experience is an important factor. Councilor Duggan commented that the Culligans are responsible residents and stewards of the property and are bringing forward a proposal that they will be proud of. He recognized that the proposal will be tweaked as this moves forward and more information is known. Councilor Miller stated that after looking at the reports and expert opinions, there is not an overall consensus of approval and support and therefore he falls to the recommendation of the Planning Commission to deny the request based on the findings listed in their motion. Councilor Duggan commented that he trusts the opinions of the engineers and others that presented on behalf of the applicant. Councilor Paper commented that he would like to see that additional information related to the pond and the overflow and possible failures before issuing an approval. He stated that until he has some assurance that those homes will be protected, he cannot support the request. Ayes: 2 (Duggan and Garlock) Nays: 2 (Miller and Paper) Mr. St. Martin stated that they appreciate the input and commented that they have put a lot of work into this process and agree that everyone wants to have a safe project. He asked if the matter could be tabled so that they could come back with additional information that hopefully everyone could support. City Attorney Knetsch commented that if the Council wants to deny the project, he would propose a motion to deny rather relying on a motion to approve that has failed. He confirmed that the Council could table the matter if desired. He stated that the motion that failed does not preclude resubmission of the application. He stated that the current review deadline was January 25tu, with the consent of the applicant and noted that could be extended again if the applicant consented. December 1, 2020 Mendota Heights City Council Page 9 of 14 Ms. Culligan stated that she understands the concern of the Council but asks at what point will they have done enough. She asked why the Council would not consider approving the request with conditions that must be met in order to receive that full approval. She commented that they are willing to continue to work on things but from her perspective she would feel more secure having that conditional approval before spending additional funds on engineering. She explained that they have already invested funds in the engineering thus far and her concern is that the target seems to continue to move and therefore it would be difficult to spend the additional funds without knowing where the target is. Councilor Paper stated that if this continues the applicant would incur additional costs from additional studies and engineering and asked what would happen if information is discovered that the Council could not support. Ms. Culligan replied that she would be looking for standards that would be comparable to what the City does with every other development. She stated that it would be helpful to have clear definition of the conditions that must be met. Ms. Culligan stated that there are examples of homes closer to slopes that have existed for 30 years. At some point they have to rely on engineering, noting that City staff would be involved in the reviewal process. Councilor Duggan asked if Councilors Paper and Miller could work out a motion that would address the issues, they have that would provide that specificity. Councilor Miller stated that he would need time to think about what those conditions might be. Mayor Garlock asked if additional borings further down the hill would be acceptable to providing that additional information. He asked if Councilor Paper could support the request if the borings were favorable to support the building. Councilor Paper stated that he would want to know that the disturbance that will be done during construction will not have a detriment to the slope. Mr. St. Martin commented that in terms of the stormwater management and construction management, they would follow the rules of the MPCA and the regulations of that separate permit. Councilor Miller stated that he would need more time to digest this information and the ideas being discussed. City Attorney Knetsch stated that if the desire is to provide the applicant with additional time to make further submittals to address the concerns raised by the Council, the item could be tabled to allow the applicant to prepare that information and resubmit to the Council. Ms. Culligan stated that it would be helpful to have an objective idea as to what the additional information would be. She stated that they are attempting not to disturb the area further down the slope and suggested that perhaps additional borings be done in the ponding area. Councilor Paper stated that he would also be interested in the backside of the homes. Ms. Culligan commented that the backside of the homes would be up on the flat area and above the barn road. December 1, 2020 Mendota Heights City Council Page 10 of 14 Councilor Paper recognized that the applicant has put a lot of time and energy into this process. He stated that he does not know what he does not know, and he cannot put his finger on what that additional information would be. He stated that he needs to understand that once the area is disturbed there would not be additional runoff or unintended consequences. Ms. Culligan asked if Councilor Paper would be comfortable having the City's engineer work with their consulting team. She stated that residents have pulled information that is not relevant to this specific property without the 30 plus years of experience that their engineer and the City engineer have. Councilor Paper stated that he is unsure how to articulate and get to where he would need to be as no one can conclusively say that failure will not happen. He stated that he is only focused on this property that happens to be above the village below. Ms. Culligan stated that you can always chase the "what ifs" but at some point, a decision needs to be. She stated that there needs to be fair and similar expectations applied to their application consistent with the other applications that have been approved. Ms. Culligan commented that they are not suggesting that they are not factoring in all sides and neighbors of the property and have spent more time and engineering on it than the neighbors did in hiring their own engineer. She stated that she finds it difficult to be held to an unattainable standard, especially when compared to other developments that have been built closer to that bowl. City Administrator Mark McNeill asked if it would be acceptable to the applicant to have the request tabled and direct staff to work with the applicant and Councilors that voted against the motion in attempt to come to consensus. Mayor Garlock moved to table the request and direct City staff to work with the applicant and members of the Council in attempt to resolve the issue. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Councilor Duggan left the meeting. Mayor Garlock briefly recessed the meeting. Mayor Garlock reconvened the meeting. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-83 APPROVE LOT SPLIT, WETLANDS PERMIT AND VARIANCE FOR 1826 VALLEY CURVE ROAD Community Development Director Tim Benetti explained that the Council was being asked to approve a resolution approving a Lot Split, Wetlands Permit and Variance to the property located at 1826 Valley Curve Road. December 1, 2020 Mendota Heights City Council Page 11 of 14 Councilor Miller commented that he appreciates the thought that went into establishing the wetland setback. Councilor Miller moved to approve RESOLUTION 2020-83 APPROVING A LOT SPLIT, WETLANDS PERMIT AND VARIANCE FOR 1826 VALLEY CURVE ROAD. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 B) RESOLUTION 2020-80 APPROVE FINAL 2020 TAX LEVY COLLECTIBLE IN 2021 AND ADOPT PROPOSED BUDGET FOR 2021 Finance Director Kristen Schabacker provided a brief background on this item. The Council was being asked to adopt a final budget and levy for FY 2021. The Council expressed appreciation to staff for their work throughout the budget process. Mayor Garlock moved to adopt RESOLUTION 2020-80 APPROVING FINAL 2020 TAX LEVY COLLECTIBLE IN 2021 AND ADOPTING PROPOSED BUDGET FOR 2021. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 C) ORDINANCE NO. 561 AMENDING TITLE 4, CHAPTER 2 SOLID WASTE ABATEMENT Public Works Director Ryan Ruzek provided background information and stated that the Council is asked to approve Ordinance 561 amending City Code; Title 4, Chapter 2, updating the existing rubbish ordinance for compliance with Dakota County solid waste abatement. Mayor Garlock moved to adopt ORDINANCE 561 AN ORDINANCE AMENDING TITLE 4, CHAPTER 2, OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING SOLID WASTE ABATEMENT. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 D) FUTURE MEETING FORMAT DISCUSSION City Administrator McNeill provided a brief background on this item. The Council was being asked to give direction on remote versus in-person meetings. This is requested in view of City Council discussions at the November 17`h meeting, and more recent directives from Governor Walz regarding COVID-19 gathering safety. December 1, 2020 Mendota Heights City Council Page 12 of 14 Mayor Garlock commented that he believes the candidates could be ranked by the members individually and that information could be sent into City staff. Councilor Miller agreed City Administrator McNeill confirmed that process would be followed. He continued to discuss how the interviews could be conducted virtually and confirmed the consensus of the Council with that format. He also reviewed how additional meetings of the Council could be conducted virtually. He believed that there would be benefit to conducting the December 151h meeting in person, noting that the City does not yet have the ability to conduct a hybrid format. Assistant City Administrator Cheryl Jacobson stated that she has been working on the technology solutions for conducting remote meetings. She stated that the easiest option would be to hold a completely remote meeting, rather than hybrid. She stated that the emergency declaration does allow for remote meetings and this would comply with open meeting law. She stated that it may make it easier to have the Councilors on a City provided laptop or iPad for access in order to have consistent technology and platform. Assistant City Administrator Jacobson commented that a laptop would allow participation in the meeting and access to the packet and email. Councilor Miller asked and received confirmation that the equipment could be repurposed for staff post - pandemic. He stated that he would support a laptop and believes that would be the better option. Assistant City Administrator Jacobson confirmed the consensus to provide laptops. Councilor Miller asked if the Council would be expected to vote on the Culligan proposal on the 15th or whether the discussion would be regarding the parameters, as the Council will be down to three at that time. City Administrator McNeill commented that he could not say what would be available by the 15th. He stated that if additional study needs to be done, that would not be done by the 15th. He stated that if the Council is agreeable to a plan, that could be presented at the 151h but the results of that would not come forward until January. He asked if the Council would be open to malting the decision with three members or whether it should be tabled until more members of the Council are present. Councilor Miller commented that he would prefer to move the discussion to January when more members of the Council are available, otherwise he would prefer the meeting on the 15' to be virtual in order to have participation by all four members. It was determined that additional review of the Culligan proposal would be done on the 151h COMMUNITY ANNOUNCEMENTS Park and Recreation Coordinator Meredith Lawrence stated that in conjunction with the City of West Saint Paul, they are offering the Quarantine Cup, which will be a friendly competition between residents of the December 1, 20201fllendota Heights City Council Page 13 of14 communities encouraging residents to participate in activities that can be done at their homes or with members of their household at local parks. She stated that the winning community will receive a trophy to display. She asked for the support of the Council. The Council expressed support for the creative opportunity. COUNCIL COMMENTS Councilor Miller commented that he appreciated the robust discussion tonight and the ability to have a deep and thorough discussion. Councilor Paper thanked everyone that came out tonight to participate in the meeting and discussion. ADJOURN Mayor Garlock moved to adjourn. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Mayor Garlock adjourned the meeting at 9:55 p.m. Neil Garlock Mayor ATTEST• __S�,e�S YN.t-c1d Lorri Smith City Clerk December 1, 2020 Mendota Heights City Council Page. 14 of l4