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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. December 30, 2020 Mendota Heights City Cocmci! Page 2 of 4 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 DecemSer 3Q 2020 MendomHeighss Ciry Council Page 4 of 4