2020-12-30 Council Special Meeting MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Special Meeting
Held Wednesday, December 30, 2020
Pursuant to due call and notice thereof, the special meeting of the City Council, City of Mendota Heights,
Minnesota was held at 1:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 1:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller
were present via teleconferencing.
PUBLIC COMMENTS
Mark Culligan stated that he is one of the stakeholders of the Culligan farm property and has attended all
of the meetings with the City in attempt to develop the property. He stated that he is coming forward
because he feels that his family and the application to develop the property were treated. He appreciated
Mayor Garlock attempting to ensure a fair hearing was held, and he appreciated the comments from
Councilor Duggan, noting his voice of reason. He provided background information on his family, the
property and family home on the property which still exists in the same place it was built on 100 years
ago. He noted that portions of the property have been sold and developed since that time. He stated that
they worked diligently with City staff to bring forward the development proposal for the last five homes.
He stated that they had hoped to hold an open house to discuss the concerns of the neighboring property
owners but that was not possible with the COVID virus. Instead, the neighbors mobilized in an attempt
to block their right to develop the property. He referenced two applications with strikingly similar
characteristics that did not receive the same lengthy discussion or concern from the Council. He stated
that they find the arbitrary denial of their application mystifying. He made comments directed towards
Councilor Miller and noted that the stormwater pond would hold a third of the water that currently drains
straight towards Mendota under the current conditions. He referenced comments made by Councilor Paper
and his suggestion for additional borings and work be done ahead of the preliminary plat, which is not the
typical process. He stated that there are homes, condominiums, churches, and other structures along the
bluff line throughout the river corridor. He noted that there are numerous homes on the steep slopes along
Highway 13. These proposed homes would be set further back and on gentle slopes. He referenced
Councilor Mazzitello noting that his vote of denial was related to a shared driveway but stated that a
previous applicant received approval for a shared driveway. He stated that it was clear from the
proceedings that some of the Councilors were not going to look at the facts and view this in a fair and
consistent manner with other previous applications. He stated that as a taxpayer of Mendota Heights, over
$10,000,000 could have been added to the tax roll with only adding five homes but instead the application
was unfairly denied. He stated that the inconsistent application of the rules opens the City up to yet another
lawsuit.
CONSENT CALENDAR
A) CLAIMS LIST
Councilor Duggan noted that he did not receive a copy of the claims list, and therefore did not have an
opportunity to review the materials.
Mayor Garlock moved approval of the CLAIMS LIST.
Councilor Mazzitello seconded the motion.
A roll call
vote was
performed:
Councilor
Paper
aye
Councilor
Mazzitello
aye
Councilor
Miller
aye
Mayor Garlock
aye
Councilor
Duggan
abstain
Motion carried.
B) CONSIDER PERSONNEL ACTION ITEM
Mayor Garlock moved to approve THE PERSONNEL ACTION ITEM AS PRESENTED.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Paper aye
Councilor Mazzitello aye
Councilor Miller aye
Mayor Garlock aye
Councilor Duggan abstain
Motion carried.
DISCUSSION ITEMS
A) APPROVE MODIFICATIONS TO 2040 COMPREHENSIVE PLAN
City Administrator Mark McNeill explained that the Council was being asked to consider modifications
to the 2040 Comprehensive Plan and provided additional details.
Councilor Duggan stated that there are differences in the noted size of fort Snelling State Park and he
believed that should be corrected. He noted that he has some additional comments that he could provide
to staff to provide additional clarity.
Councilor Mazzitello offered clarification on the aviation policy. He noted that the Planning Commission
decided to remove that and instead move that language into the narrative of the chapter, rather than making
it a policy. He stated that the decision was that the City is not in a position to allocate flights for MSP, as
the decision is dependent upon weather. He referenced Chapter 9, noting that major modifications were
made based on the DNR review letter. He believed that the new goals and policies were consistent with
the DNR's new rules and should move forward as presented.
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Councilor Paper stated that he did not have concerns and was ready to move forward
Councilor Miller agreed with the comments of Councilor Mazzitello related to Chapter 9 moving forward.
He stated that he agrees that the airport language is better suited in the narrative but believed that additional
conversations should continue between the Council and the Airport Relations Committee. City
Administrator Mark McNeill commented that discussion could be added to the next ARC agenda.
Councilor Duggan provided grammatical suggestions and clarifications to the document. Jennifer
Haskamp commented that some of the language is statutory language and therefore cannot be changed.
Councilor Duggan referenced the section related to resilience and noted additional items that he believes
could be added, such as application of vaccinations to seniors in Mendota Heights. He recognized that
could not have been foreseen when this document was created but commented that it could still be added.
He stated that carbon compliance also seems to be missing.
City Administrator Mark McNeill commented that a study group reviewed the chapter and did not
recommend adding carbon compliance into the chapter. Councilor Mazzitello commented that the
Planning Commission discussed that issue and did not deem it significant enough to be added as the City
does not own and operate carbon facilities. He commented that the City can still continue to take measures
to reduce its carbon footprint even if it is not included. Councilor Duggan commented that he can support
that position if it is the position of staff and other qualified individuals.
Mayor Garlock noted that the facilities in other areas can be addressed by the plans of those entities. He
stated that he would be fine leaving that out of this chapter.
Councilor Duggan provided additional grammatical and clarifying suggestions.
Ms. Haskamp provided context on why some data should not be changed as it is not included in the
checklist from the Metropolitan Council and is not the data used to map some of the context.
City Administrator Mark McNeill asked if the Council is accepting of the low -density residential guiding
on D Street. Councilor Mazzitello stated that this item was discussed heavily during the planning process,
noting that in previous plans this plot was not guided. He stated that County records show an industrial
use and there are no bedrooms in the building on the property. He stated that if guided as residential, the
existing use would become nonconforming, or the property could be guided as Industrial which would
support the existing use. Councilor Duggan stated that he would support low density residential use.
Jennifer Haskamp noted that this would be a resubmittal to the incomplete letter from the Metropolitan
Council and there will most likely be another round of suggested changes from the Metropolitan Council
before the document is ready for their approval. She stated that typos and non -policy related items can be
updated and changed even as the Metropolitan Council is completing its review. She confirmed that
members of the Council can submit those non -substantiative changes to staff.
City Administrator Mark McNeill asked that the Council send those suggestions to Community
Development Director Tim Benetti within the next week.
Decwnber 3Q 2020 Mendota Heights City Coancil Page 3 of 4
Councilor Garlock moved to APPROVE THE 2040 COMPREHENSIVE PLAN WITH THE CHANGES
AS DISCUSSED AND DIRECT RESUBMISSION TO THE METROPOLITAN COUNCIL,
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Mayor Garlock aye
Councilor Duggan aye
Councilor Paper aye
Motion carried.
COUNCIL COMMENTS
Mayor. Garlock commented that this is officially his last meeting as Mayor. He thanked everyone for their
hard work and support.
AD7OURN
Mayor Garlock moved to adjourn.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Mayor Garlock
aye
Councilor
Duggan
aye
Councilor
Paper
aye
Councilor
Mazzitello
aye
Councilor
Miller
aye
Motion carried.
Mayor Garlock adjourned the meeting at 2:02 p.m.
—401m
Stephanie Levine
Mayor
ATTEST:
Lorri Smith
City Clerk
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