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2019-11-06 Council Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA Wednesday, November 6, 2019 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of October 16, 2019 City Council Minutes b. Approval of October 28, 2019 Council Work Session Minutes c. Approve Ordinance No. 547 Amending City Code Section 7-2-2 Concerning The Fire Code And Section 9-1-1 Concerning State Building Code d. Approval of Public Works Maintenance Worker Hire e. Approve Resolution 2019-83 Final Payment for Lexington Highlands & Mendakota Improvements f. Approve Resolution 2019-84 Final Payment for the Marie Park Tennis Court Rehabilitation g. Approve Purchase of Replacement Mack Plow Truck h. Approve Resolution 2019-86 Supporting a Community Forest Grant for EAB Management i. Resolution 2019-85 Approve Zero Dollar Permit to the Minnesota Department of Transportation j. Acknowledge September 2019 Fire Synopsis k. Approval of September 2019 Treasurer’s Report l. Approval of Claims List 6. Citizen Comment Period *see guidelines below 7. Public Hearings - none 8. New and Unfinished Business a. Resolution 2019-82 Deferring Assessment for 1844 Dodd Road b. Ordinance No. 545 Amending Title 12, Article G. I Industrial District, Chapter 1 General Provisions Regarding Floor Area Ratio (FAR) Standards in the I-Industrial District c. Ordinance No. 546 Interim Ordinance Placing a Temporary Moratorium on Adult Use Establishments and Sexually Oriented Businesses and Directing a Study to be Conducted 9. Community Announcements 10. Council Comments 11. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, October 16, 2019 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 Duggan, Miller, and Petschel were also present. Councilor Paper 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 moved adoption of the revised agenda, adding item 5m. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for approval. Councilor Petschel moved approval of the consent calendar as presented, pulling items a.) Approval of October 2, 2019 City Council Minutes; b.) Acknowledge August 21, 2019 Airport Relations Commission Minutes; c.) Approve Outdoor Recreation Grant for Wentworth Park Improvements; d.) Approve Resolution 2019- 76 Authorize Grant Agreement with Metropolitan Council for Inflow and Infiltration Improvements; and e.) Approve Resolution 2019-77 Supporting the Dakota County 2020-2024 Capital Improvement Plan. a. Approval of October 2, 2019 City Council Minutes b. Acknowledge August 21, 2019 Airport Relations Commission Meeting Minutes c. Approve Outdoor Recreation Grant for Wentworth Park Improvements d. Approve Resolution 2019-76 Authorize Grant Agreement with the Metropolitan Council for Inflow and Infiltration Improvements e. Approve Resolution 2019-77 Supporting Dakota County 2020-2024 Capital Improvement Plan f. Approve Out of State Travel Request from the Police Department g. Approve Resolution 2019-80 Authorizing The Auction of a City Owned Vehicle h. Approve 2019–2020 Insurance Renewal and Election to Not Waive Statutory Limits page 3 i. Acknowledge August 2019 Fire Synopsis Report j. Acknowledge August 2019 Par 3 Financial Report k. Acknowledge Building Activity Report l. Approval of Claims List m. Approve Police Officer Hire Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) PULLED CONSENT AGENDA ITEMS A) APPROVAL OF OCTOBER 2, 2019 CITY COUNCIL MINUTES Councilor Duggan stated that he checked with staff on various edits to the minutes. He reviewed the proposed amendments. Councilor Petschel moved to approve the October 2, 2019 City Council Minutes with the suggested edits. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) B) ACKNOWLEDGE AUGUST 21, 2019 AIRPORT RELATIONS COMMISSION MINUTES Councilor Duggan noted that the Commission suggested moving to quarterly meetings, which Chair Sloan had agreed would be fine. Councilor Duggan felt that the Council should decide when those meetings can or should be, with the recommendation from the ARC. It was mentioned later on that the meetings be held every other month; which Councilor Duggan would support. He believed that the public should be made aware of this recommendation from the ARC and that the Council is reviewing these options. He also noted that the number of airport noise complaints has increased. Councilor Petschel asked if the minutes had been approved by the Airport Relations Commission. City Administrator Mark McNeill replied that they have been approved. Councilor Petschel clarified that the Airport Relations Commission makes recommendations to the City Council and it is the Council’s responsibility to make final decisions. Councilor Duggan moved to acknowledge the August 21, 2019 Airport Relations Commission minutes with the observations being duly noted. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) page 4 C) APPROVE OUTDOOR RECREATION GRANT CONTRACT FOR WENTWORTH PARK IMPROVEMENTS Councilor Duggan stated that 4.1(b) states “The Grantee agrees to provide a non-state match of at least $180,000.00”; however, 4.1(c) states “The total obligation of the state for all compensation and reimbursements to the Grantee under this grant contract will not exceed $180,000.00.” City Administrator McNeill replied that he believed there to be a typographical error and that (b) should read “The Grantor”. Councilor Duggan continued by explaining that 10.2 (A) reads “The state owns all rights, title, and interest . . . originated by the Grantee, its employees, agents, and subcontractors, . .” He questioned if the city was blindly throwing its subcontractors under the rules of the state. Councilor Petschel moved to approve the Outdoor Recreation Grant Contract for Wentworth Park Improvements. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) D) APPROVE RESOLUTION 2019-76 AUTHORIZE GRANT AGREEMENT WITH THE METROPOLITAN COUNCIL FOR INFLOW AND INFILTRATION IMPROVEMENTS Councilor Duggan questioned an amount in the staff report stating that $146,308.41 was eligible for reimbursement; however, later it states a reimbursement of $90,000. Public Works Director Ryan Ruzek replied that he put $90,000 under the budget impact section because the Sanitary Sewer Capital Improvement Plan showed $90,000 revenue based on this grant. By the Metropolitan Council program, the city could receive $146,000; however, due to the number of cities that applied, he is expecting a lower number. The city will not know the amount to be reimbursed until mid-November 2019. Councilor Duggan moved to approve Resolution 2019-76 Authorize Grant Agreement with the Metropolitan Council for Inflow and Infiltration Improvements. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) E) APPROVE RESOLUTION 2019-77 SUPPORTING THE DAKOTA COUNTY 2020-2024 CAPITAL IMPROVEMENT PLAN Councilor Duggan, referencing the resurfacing of Delaware Avenue, from Marie Avenue to Dodd Road, noted that this project was being removed. Public Works Director Ruzek replied that Dakota County was planning to do a mill and overlay of Delaware Avenue, north of Marie Avenue. They did bid the project, however, the bids came in over the estimate. Therefore, they scaled back the project. They completed a mill and overlay of Pilot Knob Road. West St. Paul had made a request to have the Delaware Avenue segment moved up in the Dakota County’s CIP. So, Dakota County is now proposing to have that roadway segment patched until the time it is reconstructed. They are no longer looking to do a mill and overlay. page 5 Councilor Duggan questioned the wording in the resolution where it states “Whereas, the City of Mendota Heights intends to participate in costs associated . . . “ and asked if ‘intends’ was a strong enough word and suggested the word ‘will’ instead. Mr. Ruzek replied that staff was comfortable with the word ‘intends’. Councilor Petschel stated she was comfortable with it also. Councilor Duggan, referencing the last ‘whereas’ suggested that the word ‘delay’ be replaced with the word ‘postponed’. Other councilmembers suggested that the words mean the same thing. Councilor Duggan suggested that the last sentence of the resolution that reads “Adopted by the City Council of the City of Mendota Heights this 16th day of October, 2019” have the added phrase “as proposed to be amended.” Councilor Petschel noted that she spoke with Mr. Ruzek about where the county is in the process for the Interchange Study at I-494 for the realigned Argenta Trail and for the Regional Roadway Visioning Study update. Mr. Ruzek replied that the county has received all the comprehensive plans from the cities so they can incorporate the city’s projected growth into a revised Regional Vision Study. Based on the Regional Roadway Visioning Study he did not have a date for when that would be completed. Dakota County is currently working with the cities of Eagan and Inver Grove Heights on the design of CSAH 26 (70th Street) and CSAH 63 (Argenta south of I-494). The proposed work is proceeding under the premise of setting up the roadways to support the future interchange. As development is starting to occur south of I-494, they are trying to secure the needed right-of-way, which would be along a realigned Argenta east of Delaware Avenue. Councilor Duggan asked staff if Mendota Heights was well represented in return of investment in relation to the projects that the County assigns to the city. City Administrator Mark McNeill replied that they would have to look into that. Councilor Duggan moved to adopt Resolution 2019-77 Supporting Projects Listed in the Draft 2020-2024 Dakota County Capital Improvement Plan, and requesting that the City of Mendota Heights participate in the Regional Studies. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) PUBLIC COMMENTS Mr. Bernard Friel, 715 Mohican Lane, addressed the Planning Commission’s recommendation that the City Council repeal the Floor Area Ratio (FAR) provision of the zoning ordinance. He believed the only reason they recommended this was because the proposed self-storage facility does not qualify for a variance from the FAR provisions. Because a proposed project does not comply with the zoning ordinance provision is not a reason to repeal that provision. page 6 Mr. Friel stated that the FAR is neither archaic nor redundant. This provision has been a part of the city’s ordinance since at least the 1980’s. It is a widely used zoning tool for controlling volume, bulk, and density; primarily in commercial and industrial areas. He also expressed his desire to be on the record that he is opposed to having a self-storage facility in Mendota Heights. Mr. Thomas Smith, 625 Hampshire Drive, referred to the memo that Community Development Director Benetti wrote regarding the FAR ordinance. Mr. Benetti stated in the memo that changing or removing the current Floor Area Ratio (FAR) from the Code is appropriate and supported. He questioned who it was appropriate for and who it was supported by. Furthermore, Mr. Smith stated that the propriety of building a three-story self-storage facility in the Industrial Park and the implication of removing the FAR to allow this development, will compromise the integrity of the Industrial Park. The items placed inside are unregulated. He said that the idea of approving the self-storage facility for the industrial park is unjustified. Mr. Jim Losleben, 815 Hazel Court, stated that during his tenure on the Council, there was a lot of pressure on development. The Council believed then that the city was in a good position and did not have to adjust anything because the city was in charge of what they wanted to build. However, in the last five to six years , that has been lost. He is concerned that, at the last minute, sites need something special. He questioned why this FAR ordinance was coming up at the last minute. He questioned the information the Council was receiving. PRESENTATION A) UPDATE ON FIRE STATON EXPANSION/REMODEL BY PAUL OBERHAUS, CPMI Mr. Paul Oberhaus provided an update on the Fire Station Expansion/Remodel by stating that he considered the last month on the project as a success. Even with the rain, they were able to get the structural steel roof installed, and the exterior walls are taking shape. The sheeting should be complete by the end of the week. In addition, they have been able to get the underground infiltration system in. Most of the storm sewer system is in, allowing them to start grading and looking towards the path of getting the curbs and base course of asphalt installed before winter. In addition, the underground plumbing inside the building is complete. They are looking to start the masonry on the high roof – the apparatus bay – the high walls. Then they will put poly in the windows and put heat inside as necessary and start grading the interior subgrade and start with the slab-on-grade, which opens up all the interior framing. They are hoping to get the building enclosed and heated before the winter weather arrives. page 7 B) RESOLUTION 2019-81 ACCEPTING PROPOSAL ON THE SALE OF $3,195,000 GENERAL OBLIGATION BONDS, SERIES 2019B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF Mr. Jason Aarsvold with Ehlers and Associates noted that the purposes of this bond issuance are for the 2019 street improvement project and for refinancing of bonds from 2010 to save on interest. This bond issuance was rated with Standard and Poors, who upheld the city’s AAA rating, the highest rating they assign. The report highlighted that the strong economy in the city and the City’s management of the finances are the big factors in assigning the AAA rating. The bonds were put out to bid and there were five bidders; the lowest of which was Baird, Milwaukee, WI, with an interest rate of 1.7553%. They included a premium, which means they paid more than the face value of the bonds in exchange for a higher individual interest rates on those bonds. So, with that extra premium, Ehlers reduced the size of the issuance. The new amount is $3,035,000; which is enough to fund the projects for 2019 and enough to refinance the 2010 bond issue. The total savings is $101,787.00 of interest that the city will not be paying. Councilor Duggan moved to adopt RESOLUTION 2019-81 ACCEPT PROPOSAL ON THE SALE OF $3,035,000 GENERAL OBLIGATION BONDS, SERIES 2019B, PROVIDING FOR THEIR ISSUANCE AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel expressed appreciation to Finance Director Kristen Schabacker for looking for opportunities to re-bond when possible so that the residents are not paying more in interest than they need to. She also quoted from the S&P report: “the stable outlook reflects our view that Mendota Heights will maintain strong budgetary performance as well as very strong budgetary flexibility, liquidity, and economic profile given its growing tax base and strong management policies. As a result, we do not expect to have to revise the grading within the 2-year outlook period.” PUBLIC HEARING A) RESOLUTION 2019-75 APPROVE VACATION OF EASEMENT IN MENDOTA HEIGHTS INDUSTRIAL PARK Public Works Director Ryan Ruzek explained that the Council was being asked to conduct a public hearing for an easement vacation in the Industrial Park. The Industrial Park was platted in 1969, and in 1994 Lots 2 and 3, Block 1 were platted as the BDS Addition. At that time, the lot line bisected the easements and the easements were not vacated. Staff is proposing a clean-up of the re-platting. New easements were dedicated on the BDS plat and no utilities exist in the underlying easement; therefore, the city is not losing any rights for future additional improvements. page 8 Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel moved to adopt RESOLUTION 2019-75 APPROVING AN EASEMENT VACATION WITHIN THE MENDOTA HEIGHTS INDUSTRIAL PARK. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan suggested that in the future, dates are added to resolutions, explaining when the actions referenced occurred. B) RESOLUTION 2019-72 APPROVE CRITICAL AREA PERMIT FOR 1135 ORCHARD PLACE (PLANNING CASE NO. 2019-26) Community Development Director Tim Benetti explained that Mr. Matt Mosvick, 1135 Orchard Place, requested a Critical Area Permit to build a single-family home. A Critical Area Permit is required for major development in the Mississippi River Corridor Critical Area. The lot was recently created under a lot split. Mr. Mosvick plans to build a new 4,650 square foot single-family walkout rambler with garage. The front-yard setback is based off a string-line rule, or the average set-back rule, between the two homes of 57 feet; which is a requirement as part of the lot split. Side yard setbacks are 16.5 feet each and the rear yard setback is 48 feet. The driveway access would be provided off of Orchard Circle. The new home would be situated approximately 1,240 feet from the edge of the Mississippi River and there are no bluffs or bluff lines identified on the subject property. The Planning Commission reviewed this application and held a separate public hearing at their September 24, 2019 meeting and recommended approval by a vote of 7-0. Councilor Duggan moved to open the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) page 9 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-72 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1135 ORCHARD PLACE (PLANNING CASE 2019-26). Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Petschel expressed an apology to the applicant for the delay in approving this Critical Area Permit. C) RESOLUTION 2019-78 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek explained that Council was asked to hold an assessment hearing for the Wesley Neighborhood Improvements. Council ordered this project at their February 29, 2019 meeting; the project was authorized for bid on June 5, 2019. Bids were opened and the project was awarded to Bituminous Roadways on August 7, 2019. The project included pavement replacement, curb repairs, storm sewer improvements to Mager Court, South Lane, Spring Creek Circle, Wesley Court, and Wesley Lane and the construction of a trail on Dodd Road. The total project was bid at $1,399,999.41. The Wesley Lane improvements totaled $903,729.70. The funding sources include assessments ($5,500 / 50 properties) = $291,500.00; Municipal Bonds = $705,239.18; Utility Funds = $11,050.10 for water main improvements and $225,000 for storm sewer improvements; and Municipal State Aid = $400,000 for Dodd Road Trail. The city’s street construction policy is to assess the benefiting properties 50% of the reconstruction costs; city costs include the storm sewer, the trail, water main, and other impertinent work. Assessment payments are accepted at City Hall interest free until November 15, 2019. Any unpaid assessments would then be certified to Dakota County after November 18, 2019. Assessments that are deferred are subject to an interest rate based on the bond issuance – 3.7531% - over a 10-year term. Mr. Ruzek then provided an update on the improvements to each section of the Wesley Neighborhood Improvements. Councilor Miller asked why the area on Wesley Lane was retaining water. Mr. Ruzek replied that he has worked with a few residents in the area on the discharging of their sump pumps. There is also a landlocked area where some lots showed a 4-foot fill section when the neighborhood was originally developed. His assumption was that water is flowing between the native ground and the fill. Adding the drain tile will enable collection of the water and discharge it into the storm sewer system. page 10 Councilor Duggan asked if the cost for the additional work would affect the assessment amounts. Mr. Ruzek replied that the assessments are capped and the amounts would not be affected. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Mr. Louis Eschle, 1844 Dodd Road, stated that he does not use Mager Court and his driveway exits onto Dodd Road. Since the curb was not changed, he questioned what benefit he was receiving and why he was being assessed. Mr. Ruzek replied that this particular property is just along the north of Mager Court and the driveway does access Dodd Road. He would look at this property as benefiting someday; the options would be to not assess the property or defer the assessment until such time as it would have driveway access to Mager Court. He requested that the property owner provide a handwritten letter stating that he wished to defer the assessment to this property until such time that it develops. City Attorney Andrew Pratt reminded the Council that to appeal/defer an assessment there needs to be a written statement handed to the presiding officer at the meeting – meaning before the closing of this hearing. Other options are also available for deferment, which were included in the public notices. Mr. Louis Eschle provided a written statement notifying the Council that he wished to defer or appeal his assessment. City Attorney Andrew Pratt stated that there is a method for deferring assessments. State Statute states that deferring an assessment requires the homeowner to meet certain criteria. The property needs to be owned by a person 65-years of age or older or retired by virtue of impermanent and total disability for whom it would be a hardship to make the payments. There is also a military clause for deferment. Mr. Jameel Qiblawi, 715 Wesley Lane, questioned the water issues and stated there are sink holes in lawns and flooding at 715 Mager Court. He asked for details about what is known about the water table and ground water in the area. Mr. Ruzek replied that the water in the mid-point of the project was coming from the southeast. Some properties will be installing rain gardens so run-off does not increase. There is substantial water that runs through the backyards. There have been no documented changes in the area in the recent past. Currently there is no definitive information on what is happening. Mr. Nick Houle, 1861 South Lane, stated that he does not have any drainage problems; however, he pointed out other houses in the area have very high-water tables. One of his neighbors tried to put in footings for a deck and they could not find a solid surface because of the high-water table. Councilor Miller asked for an explanation of the difference between an appeal and a deferment. Attorney Pratt explained that an appeal is laid out in state statute very specifically in that there needs to be a written statement at this hearing appealing the assessment and it does need to be specific. All special assessments need to at least match the benefits to each property that is being assessed. Once the appeal is given to the presiding officer at this hearing, within 30 days there needs to be a case filed with the District Court. A deferment is a way to assist the homeowner in some form or fashion if they meet the criteria. There is no court action. page 11 Councilor Petschel moved to close the public hearing. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-78 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) D) RESOLUTION 2019-79 ADOPTING AND CONFIRMING ASSESSMENTS FOR TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS Public Works Director Ryan Ruzek explained this assessment hearing was for the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvement/Replacement Project. Council awarded this project on September 3, 2019 to Rosti Construction. They started last week and have completed most of the removal of the main retaining wall on Outlot E. There are other retaining walls in the area that are also failing - one runs along the back of the condominium buildings, a small retaining wall leading to the Dakota County CDA underground parking facility, and another retaining wall on the back side of the 720 building. The city hired a consultant to design this project. The Outlot E retaining wall reconstruction came in at an estimated $292,780. There is an additional block wall on Victoria and Walsh Lane that is also proposed to be reconstructed, for the bid price is $32,103. With indirect costs, the total project cost is $406,104. The city is proposing to assess 50% of the Outlot E retaining wall reconstruction, equating to $182,988. The city would then be bonding for the other $182,988 (50% of the Outlot E Retaining Wall Reconstruction) and $40,129 for the reconstruction of the block wall on Victoria and Walsh. Payments can be made at City Hall interest free until November 15, 2019. Unpaid assessments would then be certified to Dakota County after November 18, 2019. All proposed assessments are payable over a 10-year period at an interest rate of 3.7531%. Councilor Miller asked if the pile of boulders currently on The Village lot were the ones removed by the contractor. Mr. Ruzek replied that they are not; they were brought in by the contractor and placed at that location because there was not enough room closer to the site. Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) page 12 There being no one coming forward to speak, Councilor Duggan moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Councilor Duggan moved to adopt RESOLUTION 2019-79 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS. Councilor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) NEW AND UNFINISHED BUSINESS A) ORDINANCE NO. 543 REVISE CODE REGARDING THE DISTANCE REQUIREMENT BETWEEN LIQUOR ESTABLISHMENTS AND RELIGIOUS ESTABLISHMENTS/SCHOOLS City Administrator Mark McNeill explained that Council was being asked to consider amending the City Code that governs the minimum distance requirement between schools or places of worship and licensed liquor establishments, both on and off sale. The reason for this consideration is the upcoming development at the Village Lots. A restaurant is being proposed. Current City Code requires that any establishment holding an alcohol license must be at least 1,000 feet away from a school, or 725 feet away from a church. St. Paul United Methodist Church is located about 500 feet from the proposed licensed alcohol establishment. However, the ordinance states that “the distance is to be measured from the lot upon which the establishment is to be located to the nearest point of the church building”. Using that criteria, a section of the lot could be as close as 180 feet from the nearest point of the adjacent church building. One of the things that staff asked the Council to consider was whether they wanted to continue to have that restriction in place. The City Clerk surveyed other cities in Dakota County and also the City of St. Paul; approximately 50% did not have the distance restrictions in place. There are those that still have them; however, Mendota Heights is probably one of the more restrictive. Staff also contacted each of the schools to inform them of what was occurring and received acknowledgement from ISD 197 and Visitation. However, none of the school properties within an area zoned for commercial or retail businesses. Councilor Petschel asked if the City Code states that on-sale alcohol license establishments must serve food. Mr. McNeill replied that the City Code states there must be food served with alcohol. If someone wanted to open an off-sale liquor store, it would have to be in an area that was properly zoned for retail. Councilor Petschel mentioned that the Speedway convenience store, which sells 3.2 beer off sale, is located near Holy Family Maronite Church; and Somerset Country Club which serves alcohol is located near Somerset School. She wished to make the point that the Council is not breaking new ground here; there are circumstances already within the city where this particular code has not been applied. page 13 Councilor Miller requested that details be shared regarding staff reaching out to St. Paul United Methodist Church. Mr. McNeill replied that staff contacted the church in early September to inform them of the proposed restaurant within the restricted area and he had met personally with the pastor. The pastor took the issue to the Church Council. The church was more concerned with signage, parking, etc., at the future development. Councilor Duggan moved to adopt ORDINANCE NO. 543 AMENDING TITLE 3, CHAPTER 1, OF THE MENDOTA HEIGHTS CITY CODE REGARDING ALCOHOLIC BEVERAGES. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Super-Hero Masquerade will take place on November 17 at Thompson Park Dakota Lodge. Registration is open for the Winter Break Trips and gymnastics. Applications are being taken for seasonal rink flooders and warming house attendants. The October 31st Halloween Bonfire will be held starting at 7:00 pm at the usual location behind Mendota Plaza. COUNCIL COMMENTS Councilor Petschel let the public know that Police Sergeant Tanner Spicer is a self-taught but exquisite woodcarver. His first show in an art gallery will be at Gustav’s in Lindstrom starting at 3:00 p.m. on October 20, 2019. The show will run for three weeks. Councilor Miller wished everyone safe travels over the long MEA weekend. Councilor Duggan wished everyone safe travels while driving about the community. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Paper) Mayor Garlock adjourned the meeting at 8:50 p.m. ____________________________________ ATTEST: Neil Garlock Mayor _______________________________ Lorri Smith page 14 City Clerk page 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Held October 28, 2019 Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 4:00 pm. Councilmembers Duggan, Miller, Paper and Petschel were also present. City staff present included Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City Administrator; Tim Benetti, Community Development Director; and Lorri Smith, City Clerk. CODE AMENDMENT-FLOOR AREA RATIO (FAR) STANDARDS IN INDUSTRIAL DISTRICT Community Development Director Tim Benetti reviewed the Code requirements for the Floor Area Ratio (FAR) standards that are in place for the Industrial Zone. He provided the Council with additional information that gave a broad overview of the FAR and how to apply the standards. The Council discussed this regulation at the October 2, 2019 Council meeting and tabled the item for further discussion a future work session. Councilors Duggan and Miller each expressed concern that this requirement was not brought to the Council’s attention earlier, when the Council approved Ordinance 538 which approved personal self-storage use as a conditional use in the Industrial District. Mr. Benetti stated that that ordinance focused on use, not on the specific project. At that time, staff did not have detailed information about the proposed project. Councilor Duggan stated that the FAR standard has been around for a long time and does not believe it should be deleted from the Code. The FAR standard allows the city to be spacious and light. Councilor Paper stated he does not see a large difference between two floors and three floors to a building in the Industrial Park. Councilor Miller stated he sees this as spot zoning. Mr. Benetti replied that this is not spot zoning since the change would be applied to the entire Industrial District zone. Councilor Petschel stated that she was not in favor of allowing self-storage as a use in the Industrial District, and she does also not want to change the City Code to delete the FAR regulations. She stated she believes the approved uses and the FAR are good planning tools for the Industrial District. page 16 After discussion, the Council directed staff to bring this ordinance forward at the next City Council meeting for official action. DISCUSS REVISIONS TO ORDINANCE REGARDING DOMESTIC CHICKENS Mr. Benetti reviewed with the Council a proposed Ordinance to amend the City Code regarding the keeping of chickens in the City. He stated that the proposal is to change the number of chickens that can be kept by a resident from four to six female chickens. It would allow the Zoning Administrator, along with the Animal Warden, to enter upon a private premises when there is a reasonable cause to believe the chickens are being mistreated or pose a threat. It would allow for the waste or litter to be composted. It would require that the coop structure be removed within 30 days if the applicant no longer has chickens on the property. The Code would also allow for a larger coop, up to 200 square feet, due to the larger number of chickens allowed. The Council had no issues with the proposed ordinance. This ordinance will be presented to the Planning Commission for their review. DISCUSS ORDINANCE REGARDING THE TEMPORARY KEEPING OF GOATS FOR GRAZING Mr. Benetti reviewed with the Council proposed changes to the City Code to allow for the temporary keeping of goats for grazing. The goats can be used for the control of invasive plantings, particularly buckthorn vegetation. A property owner would be allowed a temporary permit, usually up to 30 days, although it would depend on the size of the property to be taken care of. The Council discussed requiring written permission from the neighbors, perimeter fencing height, and a setback restriction from bodies of water. The Council was in agreement to bring this proposed ordinance to a future Council meeting. OTHER DISCUSS CODE REGULATION OF PUBLIC HEARINGS FOR CRITICAL AREA PERMITS The Council discussed the Code language that requires two public hearings for granting of a critical area permit. Current code language states that that Planning Commission and the City Council must each hold a public hearing before granting a critical area permit. The Councilors were in agreement to require only one public hearing. Councilor Miller questioned why the Council would not be the body to hold the public hearing. Councilor Petschel stated she felt the Planning Commission should hold the public hearing due to the fact that they need complete information to make a good recommendation to the Council. This proposed Code change will be brought to a future Council meeting. page 17 ADULT USES Mr. Benetti stated that he has received an inquiry about adult uses in Mendota Heights. This proposed Code change will be brought to a future Council meeting. ADJOURN The meeting was adjourned at 5:05 pm. ___________________________ Neil Garlock, Mayor ____________________________ Lorri Smith, City Clerk page 18 Request for City Council Action DATE: November 6, 2019 TO: Mayor, City Council, and City Administrator FROM: Jim Lee, Fire Marshall Lorri Smith, City Clerk SUBJECT: Ordinance 547 Amending City Code Section 7-2-2 Concerning Fire Code and Section 9-1-1 Concerning State Building Code COMMENT: Introduction The City Council is asked to approve Ordinance 547 amending City Code Section 7-2-2 State Fire Code and Section 9-1-1 State Building Code. Background Small discrepancies have been found in our City Code language. This ordinance is being provided to clean up the discrepancies. In Section 7-2-2, “international fire code” was not changed to “Minnesota State Fire Code” when Ordinance 509 was adopted on May 2, 2017. In Section 9-1-1, “2007 Minnesota State Building Code” was not amended to “2015” when Ordinance 509 was adopted. Recommendation Staff recommends that Ordinance 547 be approved to clean up the current code language. Action Required If the Council concurs, it should, by motion, adopt Ordinance 547 Amending City Code Section 7-2- 2 Concerning Fire Code and Section 9-1-1 Concerning State Building Code. page 19 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 547 AMENDING CITY CODE SECTION 7-2-2 CONCERNING THE FIRE CODE AND SECTION 9-1-1 CONCERNING STATE BUILDING CODE The City Council of the City of Mendota Heights, Minnesota desire to clean up current code language. The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 7-2-2 is hereby amended as follows: 7-2-2: AMENDMENTS: When a fire system is required to be monitored by the international fire codeMinnesota State Fire Code, it shall be monitored by an Underwriters Laboratory (UL) listed central monitoring station. And Section 9-1-1 is hereby amended as follows: 9-1-1: STATE BUILDING CODE: B. Optional Special Fire Suppression Systems Chapter Adopted: The city of Mendota Heights hereby adopts by reference optional chapter 1306.0020 of the 20072015 Minnesota State uniform Building Code, special fire suppression systems, exercising subpart 2. One copy of chapter 1306.0020 is filed for reference and inspection in the office of the city clerk. Every provision contained in said chapter is hereby adopted and made a part of this chapter as if fully set forth herein. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this sixth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 20 DATE: November 6, 2019 TO: Mayor, City Council, and City Administrator FROM: Cheryl Jacobson, Assistant City Administrator John Boland, Public Works Superintendent SUBJECT: Public Works Maintenance Worker Hiring Approval INTRODUCTION The City Council is asked to approve the hiring of Andrew Brennan for the position of Public Works Maintenance Worker. BACKGROUND Staff recommends the hiring of Andrew Brennan to the vacant position of Public Works Maintenance Worker. Andrew comes to the City from the City of St. Paul where he has held the position of Parks Worker III/Crew Leader. Andrew holds a Class A Commercial Driver’s License and has his Minnesota Pesticide Applicator License (A & E). A conditional offer has been extended and is contingent upon the approval of the City Council. Andrew’s start date is yet to be determined, and is dependent upon council approval. BUDGET IMPACT The Public Works Maintenance Worker position is a budgeted position within the Public Works Department. The position has a hourly rate of $21.85 (step one) to $31.35 (step five), depending on qualifications. ACTION RECOMMENDED Staff recommends that the City Council approve the hiring of Andrew Brennan as a Public Works Maintenance Worker with a starting hourly wage of $23.85, which is step two of the wage scale. ACTION REQUIRED If City Council concurs, it should by motion, approve the hiring of Andrew Brennan as a Public Works Maintenance Worker, with the pay provisions listed above. page 21 Request for City Council Action DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, P.E. Public Works Director SUBJECT: Resolution 2019-83 Final Payment and Acceptance of the Lexington Highlands and Mendakota Improvements INTRODUCTION The Council is asked to approve resolution 2019-83, accepting the project and approving the final payment for the Lexington Highlands and Mendakota Improvements. BACKGROUND The City Council awarded the contract to Midwest Asphalt Services, LLC at their July 2, 2018, City Council meeting for their low bid of $1,068,235.00. The contract work for the Lexington Highlands and Mendakota Improvement Project has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before final payment has been submitted. BUDGET IMPACT The final payment for this contract is $47,832.96 with a final total contract amount of $1,276,275.64. A change order for an estimated $150,000 was approved by Council on September 4, 2018 for additional curb work and a change order for $20,472.70 was approved by Council on July 2, 2019 for South Plaza Drainage work. The change orders resulted in a contract amount of $1,238,707.70. The final contract amount is approximately $37,567.94 over the bid amount with approved change orders. The overage is attributed to the curb replacement and driveway patches. The total feet of curb in the contract was 1780 feet and 6596 feet were replaced at $40/foot. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2019-83 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE LEXINGTON HIGHLANDS & MENDAKOTA IMPROVEMENT PROJECT #201706” ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2019-83 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE LEXINGTON HIGHLANDS & MENDAKOTA IMPROVEMENT PROJECT #201706”, by simple majority vote. page 22 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-83 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE LEXINGTON HIGHLANDS AND MENDAKOTA IMPROVEMENTS PROJECT #201706 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on May 18, 2017, with Midwest Asphalt Services, LLC, of Eden Prairie, Minnesota, has satisfactorily completed the improvements for the Lexington Highlands and Mendakota Drive Improvements Project #201706, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $47,832.96, in exchange for the contractor’s receipt acknowledging payment in full. Adopted by the City Council of the City of Mendota Heights this sixth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Neil Garlock, Mayor ATTEST ____________________________ Lorri Smith, City Clerk page 23 Request for City Council Action DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, P.E. Public Works Director SUBJECT: Resolution 2019-84 Final Payment and Acceptance of the Marie Park Tennis Court Rehabilitation INTRODUCTION The Council is asked to approve resolution 2019-84, accepting the project and approving the final payment for the Marie Park Tennis Court Rehabilitation. BACKGROUND The City Council awarded the contract to Bituminous Roadways at their August 7, 2018, City Council meeting for their low bid of $83,784.45. The contract work for the Marie Park Tennis Court Rehabilitation has been completed, inspected, and approved. The project is ready for final payment. This will start the one-year guarantee period. All required paperwork needed before final payment has been submitted. BUDGET IMPACT The final payment for this contract is $4,258.47 with a final total contract amount of $85,169.45. The final contract amount is $1,385 over the bid amount. The overage is attributed imported aggregate base to repair soft subgrade. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2019-84 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE MARIE PARK TENNIS COURT REHABILITATION PROJECT #201710” ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2019-84 “RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE MARIE PARK TENNIS COURT REHABILITATION PROJECT #201710”, by simple majority vote. page 24 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-84 RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR THE MARIE PARK TENNIS COURT REHABILITATION PROJECT #201710 WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on August 8, 2018, with Bituminous Roadways, Inc., of Mendota Heights, Minnesota, has satisfactorily completed the improvements for the Marie Park Tennis Court Rehabilitation Project #201710, in accordance with such contract. NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby directed to issue a proper order for the final payment on such contract in the amount of $4,258.47, in exchange for the contractor’s receipt acknowledging payment in full. Adopted by the City Council of the City of Mendota Heights this sixth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ___________________________ Neil Garlock, Mayor ATTEST ____________________________ Lorri Smith, City Clerk page 25 DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, P.E. Public Works Director SUBJECT: Purchase of a Replacement Plow Truck INTRODUCTION The Council is asked to approve the purchase of a replacement plow truck from the State contract. DISCUSSION As part of the 2020 budget process, $186,682 is preliminarily budgeted in the street department’s budget to purchase a replacement Mack plow truck. A quote from the state contract was obtained from Nuss Truck & Equipment of $119,278 for the truck cab which would then be outfitted by Towmaster for an additional $106,960. The total amount of the new truck is $226,238 less a $35,000 trade-in value of the existing truck totals $191,238. The total price exceeds the original budget amount by $4,556. The increase in cost is due to: material surcharge/tariffs ($1,500), 2020 model year increase ($1,847), and the addition of a pre-wet system to reduce salt usage ($2,987) – Items total more than $4,556. Public Works is looking adding the pre-wet system to all new mainline plow trucks to reduce salt usage. Public Works is also retrofitting a 1-ton dump truck with a 500 gallon tank and sprayer that the city already owns. An arrangement has been made with the city of Eagan on acquiring a brine solution for pretreatment of the streets with this repurposed sprayer. If positive benefits are realized, the city may look into purchasing its own brine production equipment. BUDGET IMPACT $186,682 is preliminarily budgeted in the 2020 Street Budget for the purchase of the replacement plow truck. The actual amount to purchase the skid-steer loader is more than the amount requested in the budget. Staff is requesting this authorization ahead of the final budget due tine that it takes to manufacture the truck once ordered. If approved by the Council now, it would be ready for delivery in October, 2020. If the City waits until after the budget is formally adopted in December, the delivery time would likely be January, 2021. We would prefer to have it in City possession prior to that winter’s plowing season. RECOMMENDATION page 26 Staff recommends that the Mendota Heights City Council approve the purchase of the Mack Plow Truck in the amount of $191,238, as quoted from Nuss Truck & Equipment and Towmaster. ACTION REUQIRED: If the City Council concurs with the recommendation, they should pass a motion authorizing staff to purchase a Mack Plow truck from Nuss Truck & Equipment and outfit by Towmaster for a total of $191,238. This action requires a simple majority vote. page 27 Request for City Council Action DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Krista Spreiter, Natural Resources Technician SUBJECT: Resolution 2019-86 Supporting the Emerald Ash Borer Community Forest Grant Applications INTRODUCTION The Council is asked to approve resolution 2019-86, in support of the EAB Community Forest Response Tree Planting grant application, as well as the Preparing for EAB in Community Forests grant application, both administered by the Minnesota Department of Natural Resources. BACKGROUND The Minnesota Department of Natural Resources is currently offering two separate grants to aid communities in the management of ash trees for Emerald Ash Borer (EAB). Staff has applied through the pre-application process, and the City has been selected to move forward and invited to submit the final application for both the EAB Community Forest Response Tree Planting grant, as well as the Preparing for EAB in Community Forests grant. The EAB Community Forest Response Tree Planting grant reduces the impact of EAB on communities through tree planting. The Preparing for EAB in Community Forests grant assists communities in managing ash trees affected by EAB on public land through tree inventory and management plan development, as well as ash tree removal and tree replacement. If awarded, the grant period begins January 31, 2020, and ends June 1, 2022. BUDGET IMPACT None at this time. If awarded, both grants require a 25% match. These funds may consist of cash match or in-kind. The City is proposing a $3,875 in-kind match as part of the Community Forest Response Tree Planting grant application, and requesting a total grant amount of $11,625. The City is requesting grant funds in the amount of $95,925, with a 25% cash-match of $31,975 for the Preparing for EAB in Community Forests grant. These cash-match funds would be taken from the City’s tree removal budget. All funds are awarded on a reimbursement basis. RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the attached Resolution No. 2019-86 “RESOLUTION SUPPORTING EMERALD ASH BORER COMMUNITY FOREST GRANT APPLICATIONS” page 28 ACTION REQUIRED If Council concurs with the staff recommendation, they should pass a motion adopting Resolution No. 2019-86 “RESOLUTION SUPPORTING EMERALD ASH BORER COMMUNITY FOREST GRANT APPLICATIONS”, by simple majority vote. page 29 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2019-86 RESOLUTION SUPPORTING EMERALD ASH BORER COMMUNITY FOREST GRANT APPLICATIONS BE IT RESOLVED that the City of Mendota Heights act in support of the Emerald Ash Borer (EAB) Community Forest Response Tree Planting and Preparing for EAB in Community Forests grant applications to be submitted on or before November 15, 2019 and that the Natural Resources Technician, Krista Spreiter or her designee, is hereby authorized to apply to the Department of Natural Resources for funding of this program on behalf of the City of Mendota Heights. BE IT FURTHER RESOLVED that the City of Mendota Heights has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate installation, operation, and maintenance of the proposed program as required by the timelines within the grant requirements. BE IT FURTHER RESOLVED that, upon approval of its application by the state, the City of Mendota Heights may enter into an agreement with the State of Minnesota for the above-referenced grant programs, and that the City of Mendota Heights certifies that it will comply with all applicable laws, requirements, and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that Natural Resources Technician, Krista Spreiter or her designee, is hereby authorized to execute such agreements as are necessary to implement the program on behalf of the applicant. Adopted by the City Council of the City of Mendota Heights this sixth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 30 Emerald Ash Borer Community Forest Response Tree Planting Grants Request for Applications Summary The Minnesota Department of Natural Resources welcomes applications that reduces the impact the loss of ash will have on a community due to emerald ash borer (EAB) on public land. Eligible activities include: Tree planting Eligibility Any local unit of government within Minnesota is eligible including cities, counties, regional authorities, joint powers boards, towns, and parks and recreation boards in cities of the first class. Minimum Requirements •Applications must address reducing the impact EAB will have on ash in your community. •Applications must show ability to implement project and submit final report by June 1, 2022. •Grantees must provide photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results. •Projects must publicly post and promote grant project information and purpose. •Grantees will be required to comply with all Federal and State laws and regulations related to the completion of projects as stated in the letter of award. Additional criteria •Projects must follow standards set in the Pocket Guide to Planting Trees. •Projects must identify tree species; site location; and number, size, and type of planting stock. o Species list must increase the diversity of the community’s tree canopy to work toward the 20-10-5 guideline which means a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. If your community does not have a completed tree survey, contact the DNR at ucf.dnr@state.mn.us and we will email you the results of your community’s 2010 tree survey. o Species list and numbers can be amended following the submission of tree inventory/survey data. page 31 o Species list needs to be approved by DNR. o Tree stock can be 1-2 inch caliper bareroot or a container class size #15 or smaller and we recommend trees purchased come with a one-year warranty. o Trees planted will be mapped and submitted as a shapefile with the tree spec ies identified to obtain grant fund reimbursement. •Proposals must include a 3-year maintenance plan. Grant Limits There is no minimum to the dollar amount applicants can request. The maximum amount that will be funded is $30,000. Eligible Costs Eligible expenses are those incurred through project activities that are directly related and necessary to produce the outcomes described in the project application. Grant funds can be used for, but will not be limited to: •Purchase of trees for diversity. •Professional contracts for technical assistance or project implementation. •Equipment purchases less than $5,000 that are used to complete the project. •Equipment rental. •Site preparation and planting including mulch, watering bags, staking materials, and tree wrap or guards. Grant funds cannot be used for, but will not be limited to: •Local units of government employee time. •Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers. •Purchase of land or easement. •Experimental practices not approved by the DNR. •Major soil and grade changes or construction. Questions about additional eligible or ineligible expenses can be directed to ucf.dnr@state.mn.us. Evaluation Criteria for the Selection Process Participating communities will be selected based on demonstrated need of assistance (both financial and technical), local forestry needs, environmental priorities affecting public health of diverse populations, readiness to take on a project of the proposed scope and size, ability to provide financial or in-kind match, and potential impact of the project on reducing the impact EAB has on the community forest. Priority will be given to communities who have staff, or will contract with companies with staff, with arboriculture professional credentials such as Minnesota Tree Inspector, International Society of Arboriculture Certified Arborist, etc. or communities with staff willing to obtain prior to grant reimbursement. page 32 Additional consideration will be given to proposals that serve diverse populations. Diverse populations include: •Racial and ethnic communities, including American Indians •LGBTQI communities •Disability status •Veterans •Low-income Application Process A pre-application process will be used to determine which projects can submit a final application for this grant. 1.Request for applications released on September 13, 2019. 2.Complete and submit the Pre-Application form to ucf.dnr@state.mn.us by October 4, 2019. a.Attach your planting list with species and approximate numbers of trees to be planted. b.Attach your EAB Management Plan if you have one (communities must have adopted or will adopt an EAB Management Plan before the end of this grant process). 3.The DNR will notify you by October 25, 2019 to submit a final application if your project passed the pre-application process. 4.Complete and submit the Final Application form and additional attachments to ucf.dnr@state.mn.us by November 15, 2019. a.Include letters of support from the community and, if applicable, any partnering organizations and 3-year Tree Maintenance Plan if planting trees as part of grant project. 5.The DNR will notify you by December 6, 2019 whether or not your project is funded. Reimbursement All funds are awarded on a reimbursement basis. The Reimbursement Request Form and required reports must be received by: June 30, 2020; December 31, 2020; June 30, 2021; December 31, 2021; and June 30, 2022. All eligible expenses need to be documented and submitted to receive reimbursement. Important Dates Request for Applications released: September 13, 2019 Pre-Application deadline: October 4, 2019 Pre-Application selection: All pre-applicants will be notified by October 25, 2019 Final Application deadline: November 15, 2019 page 33 Final selection of projects and award amounts will be determined by Department of Natural Resources Forestry staff, Minnesota Department of Agriculture staff, Minnesota Shade Tree Advisory Committee and other qualified industry professionals. Project selection: All applicants will be notified by December 6, 2019 whether or not project is to be funded Project implementation: Project work and expenses that are eligible for reimbursement with grant funds can NOT be started or incurred until the grant agreement is fully executed. Grant agreements are expected to be executed by January 31, 2020 and work can begin afterwards. Interim reports and final reports will be required for any grant funded projects. Project completion: All project work is completed, request for final reimbursement, and final reports submitted by June 1, 2022. Questions? Contact a Community Forestry Grants Team member at ucf.dnr@state.mn.us. page 34 Preparing for Emerald Ash Borer Community Forest Grants Request for Applications Summary The Minnesota Department of Natural Resources welcomes applications that assists communities in managing ash for emerald ash borer (EAB) on public land. Eligible activities include: •Tree inventory. •Develop a management plan that include an EAB component. •Tree and stump removal and tree replacement. Eligibility Any local unit of government within Minnesota is eligible including cities, counties, regional authorities, joint powers boards, towns, and parks and recreation boards in cities of the first class. Minimum Requirements •Applications must address reducing the impact EAB will have on ash in your community. •Grantees must be willing to participate in work by the Minnesota Department of Agriculture and University of Minnesota to evaluate project impacts. •Applications must show ability to implement project and submit final report by June 1, 2022. •Applications must include a 25% match of total requested grant funds. Match can be in- kind, cash match, or both. •Community must have adopted or will adopt an EAB management plan through this grant process. •Each ash tree removed must be replaced with newly planted tree. •Grantees must provide photo documentation of the project’s progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results. •Projects must publicly post and promote grant project information and purpose. •Grantees will be required to comply with all Federal and State laws and regulations related to the completion of projects as stated in the letter of award. Additional criteria •Tree plantings projects must follow standards set in the Pocket Guide to Planting Trees. •Tree planting projects must identify tree species; site location; and number, size, and type of planting stock. o Species list must increase the diversity of the community’s tree canopy to work toward the 20-10-5 guideline which means a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a page 35 single genus, and no more than 5% of their trees within a single species. If your community does not have a completed tree survey, contact the DNR at ucf.dnr@state.mn.us and we will email you the results of your community’s 2010 tree survey. o Species list and numbers can be amended following the submission of tree inventory/survey data. o Species list needs to be approved by DNR. o Tree stock can be 1-2 inch caliper bareroot or a container class size #15 or smaller and we recommend trees purchased come with a one-year warranty. o Trees planted will be mapped and submitted as a shapefile with the tree species identified to obtain grant fund reimbursement. •Tree planting proposals must include a 3-year maintenance plan. •Tree inventory projects must submit obtained data to the DNR in a shapefile format. Grant Limits There is no minimum to the dollar amount applicants can request. The maximum amount that will be funded is $100,000. Eligible Costs Eligible expenses are those incurred through project activities that are directly related and necessary to produce the outcomes described in the project application. Grant funds can be used for, but will not be limited to: •Professional contracts for technical assistance or project implementation. •Equipment purchases less than $5,000 that are used to complete the project. •Equipment rental. •Purchase of trees for diversity. •Site preparation and planting including mulch, watering bags, staking materials, and tree wrap or guards. Grant funds cannot be used for, but will not be limited to: •Local units of government employee time. •Purchase of plants such as shrubs, living ground covers, sod, grass seed, and flowers. •Purchase of land or easement. •Experimental practices not approved by the DNR. •Major soil and grade changes or construction. Questions about additional eligible or ineligible expenses can be directed to ucf.dnr@state.mn.us. Evaluation Criteria for the Selection Process Participating communities will be selected based on demonstrated need of assistance (both financial and technical), local forestry needs, environmental priorities affecting public health of diverse populations, readiness to take on a project of the proposed scope and size, ability to page 36 provide financial or in-kind match, location in relation to ash forests, and potential impact of the project on reducing EAB populations and improving the community forest. Priority will be given to communities who have staff, or will contract with companies with staff, with arboriculture professional credentials such as Minnesota Tree Inspector, International Society of Arboriculture Certified Arborist, etc. or communities with staff willing to obtain prior to grant reimbursement. Additional consideration will be given to proposals that serve diverse populations. Diverse populations include: •Racial and ethnic communities, including American Indians •LGBTQI communities •Disability status •Veterans •Low-income Application Process A pre-application process will be used to determine which projects can submit a final application for this grant. 1.Request for applications released on September 13, 2019. 2.Complete and submit the Pre-Application form to ucf.dnr@state.mn.us by October 4, 2019. a.Attach your EAB Management Plan if you have one (communities must have adopted or will adopt an EAB Management Plan through this grant process). 3.The DNR will notify you by October 25, 2019 to submit a final application if your project passed the pre-application process. 4.Complete and submit the Final Application form and additional attachments to ucf.dnr@state.mn.us by November 15, 2019. a.Include letters of support from the community and, if applicable, any partnering organizations and 3-year Tree Maintenance Plan if planting trees as part of grant project. 5.The DNR will notify you by December 6, 2019 whether or not your project is funded. Reimbursement All funds are awarded on a reimbursement basis. The Reimbursement Request Form and required reports must be received by: June 1, 2020; December 1, 2020; June 1, 2021; December 1, 2021; and June 1, 2022. All eligible expenses need to be documented and submitted to receive reimbursement. Important Dates Request for Applications released: September 13, 2019 Pre-Application deadline: October 4, 2019 page 37 Pre-Application selection: All pre-applicants will be notified by October 25, 2019 Final Application deadline: November 15, 2019 Final selection of projects and award amounts will be determined by Department of Natural Resources Forestry staff, Minnesota Department of Agriculture staff, Minnesota Shade Tree Advisory Committee and other qualified industry professionals. Project selection: All applicants will be notified by December 6, 2019 whether or not project is to be funded Project implementation: Project work and expenses that are eligible for reimbursement with grant funds can NOT be started or incurred until the grant agreement is fully executed. Grant agreements are expected to be executed by January 31, 2020 and work can begin afterwards. Interim reports and final reports will be required for any grant funded projects. Project completion: All project work is completed, request for final reimbursement, and final reports submitted by June 1, 2022. Questions? Contact a Community Forestry Grants Team member at ucf.dnr@state.mn.us. page 38 REQUEST FOR COUNCIL ACTION DATE: November 6, 2019 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Resolution 2019-85 Approving a Permit to the Minnesota Department of Transportation (MnDOT) for Drainage Improvements along I-35E COMMENT: INTRODUCTION The Council is asked to approve a permit granting MnDOT rights to enter real property from the City of Mendota Heights. BACKGROUND MnDOT owns storm sewer systems that collect drainage from I-35E and also conveys drainage from Mendota Heights properties west of the interstate to the east side of the interstate. Two locations at the outlets on the east side of I-35E have excessive erosion and are in need of maintenance. DISCUSSION There is a steep slope on the east side of 35E that runs down to Valley Park between Marie Avenue and Highway 13. This slope makes access to the storm sewer outlets difficult to access for maintenance. The ideal access point for these repairs is from the City trail at the bottom of the slope however, the trail does not have the necessary thickness to support the heavy construction equipment that is needed for the repairs. MnDOT has identified an alternate access point from the highway but it will involve the removal of some trees. MnDOT is approaching this project in two phases. Due to Mendota Heights being a restricted area for the Northern Long-eared bat, trees in the restricted area can only be removed during winter months. MnDOT will submit a second permit request for the actual drainage work in the spring. In addition, MnDOT will also have a future request for the drainage improvements to be within a permanent easement. A map of the disturbed area is attached. Most of the work is occurring on the I-35E side of a wooded area and should have a minimal impact to the park. BUDGET IMPACT None. Governmental agencies grant zero dollar permits as a standard practice. RECOMMENDATION Staff recommends Council approve Resolution 2019-85 granting a permit to the Minnesota Department of Transportation for activities related to the drainage improvements adjacent to I- 35E in Valley Park. page 39 ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion to approving Resolution 2019-85, APPROVING A TEMPORARY PERMIT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION. This action requires a simple majority vote. page 40 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-85 RESOLUTION APPROVING A TEMPORARY PERMIT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) WHEREAS, the City of Mendota Heights has interest in properties designated by Dakota County Parcel ID as: 270230005010 and 270370003020; and WHEREAS, the Minnesota Department of Transportation (MnDOT) will need to temporarily utilize said real property to maintain and operate Interstate (35E) drainage; and WHEREAS, a permit was drafted by MnDOT granting rights to enter property for said purposes to the State of Minnesota. NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby approves and authorizes a permit to the State of Minnesota waiving certain rights and granting immediate right to enter the above described property. BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes the City Administrator and Public Works Director to sign the permit. Adopted by the City Council of the City of Mendota Heights this sixth day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 41 page 42 page 43 STREAM 35E-MARIE DRAFT ACCESS PLAN SHEET NO. OF SHEETS1 1 (TH 35E)PATH & FILENAME:Projects\DM_ROS\035E\1982\000\Maint_Issues\RP101_EnergyDissipators\Hydraulics\35E-Marie-Overview-AccesPlan.dgnDISTRICT #:MetroPLOTTED/REVISED:PLOT NAME:35E-Marie-Overview-AccesPlanSTATE PROJ. NO. 27-SEP-2019 100 SCALE IN FEETACCESS PATH UTILITY POLE OUTFALL REMEDIATION #1 STATION PAD APPROXIMATE PUMP GAS OUTFALL REMEDIATION #2 FENCE/ROW TRUCK DIMENSION TRAILAS1003 BASEAS1004STUB PK PK PK PK PK PK PK PK AS1019STUB M M M M M M M ? ? ? M M ADELINE T H3 5 E T H3 5 E page 44 Request for City Council Action MEETING DATE: November 6, 2019 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: September 2019 Fire Synopsis Fire Calls The month of September had the services of the Fire Department being requested 28 times. Of those 28 pages, 19 were in the city of Mendota Heights, five were in Lilydale, two were in Sunfish Lake and the final two were mutual aid requests by neighboring departments (one to Eagan and one to South Metro Fire). The calls themselves broke down as follows: Under the classification of Actual Fires and/or smoke in a building: the department responded to two cooking related fires as well as to a temporary plastic sheeted tent in the street in front of Friendly Hills Middle School. Medical and/or rescue calls made up five of our calls for September. Public Service calls accounted for four of our responses this past month. Three of those calls were classified as lift assists and one was listed as an assist to the police department when they were attempting to locate a possible person on a roof requesting assistance. Hazardous situation calls accounted for just one of the month’s calls. In September, we were cancelled before arriving on scene two times. False Alarms accounted for 10 of our calls. There were seven unintentional alarm activations, two system malfunctions, and one unintentional transmission due to system testing. Lastly, as was mentioned at the beginning, we were paged to Eagan and South Metro Fire to assist with structure fires, but in both cases were cancelled while we were en route. page 45 September 2019 Department Training Opportunities (Trainings in bold are mandatory trainings) September 11 18:30 Tender Operations This drill centers around learning and refreshing the skills needed when we have to utilize tender operations (Typically, this would be when we are dealing with structure fires in areas without hydrants.) September 12 07:00 Tender Operations This drill centers around learning and refreshing the skills needed when we have to utilize tender operations (Typically, this would be when we are dealing with structure fires in areas without hydrants.) September 18 18:30 Pump Operations (Test) Annually firefighters are required to have their skills tested at pumping with the Mendota Heights Fire Apparatus. September 23 18:30 Fire Extinguishers This is a live fire drill allowing firefighters to practice extinguishing a fire with traditional chemical extinguishers. September 24 07:00 Fire Extinguishers This is a live fire drill allowing firefighters to practice extinguishing a fire with traditional chemical extinguishers. page 46 Number of Calls 28 Total Calls for Year 277 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $1,200 Structure - MH Residential $202,000 Structure - Contract Areas $0 Cooking Fire - confined 2 $200 $5,200 Vehicle - MH $34,500 Vehicle - Contract Areas $0 Grass/Brush/No Value MH Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES Other Fire 1 OVERPRESSURE RUPTURE $0 $200 $0 Excessive heat, scorch burns MEDICAL Emergency Medical/Assist 5 Vehicle accident w/injuries Extrication ALL FIRES, ALL AREAS (MONTH)$200 Medical, other HAZARDOUS SITUATION MEND. HTS. ONLY STRUCT/CONTENTS $207,200 Spills/Leaks Carbon Monoxide Incident 1 MEND. HTS. ONLY MISCELLANEOUS $34,500 Power line down Arcing, shorting MEND. HTS. TOTAL LOSS TO DATE $242,900 Hazardous, Other SERVICE CALL Smoke or odor removal CONTRACT AREAS LOSS TO DATE $0 Assist Police or other agency 1 Service Call, other 3 GOOD INTENT Good Intent Dispatched & Cancelled 2 Current To Date Last Year Smoke Scare 1 19 215 166 HazMat release investigation 5 24 12 Good Intent, Other 0 6 8 FALSE ALARMS 2 11 22 False Alarm 2 21 11 Malfunction 2 Total:28 277 219 Unintentional 7 False Alarm, other 1 FIRE MARSHAL'S TIME FOR MONTH MUTUAL AID 2 INSPECTIONS 19 Total Calls 28 INVESTIGATIONS RE-INSPECTION WORK PERFORMED Hours To Date Last Year MEETINGS 4 FIRE CALLS 387 4231 3111.25 MEETINGS 17.5 532.5 346.75 ADMINISTRATION 11 TRAINING 260 2922 2703.25 SPECIAL ACTIVITY 76.5 443.5 541.5 PLAN REVIEW/TRAINING 1 FIRE MARSHAL 35 132.9 222 TOTAL:35 TOTALS 776 8261.9 6924.75 REMARKS: Lilydale Mendota Sunfish Lake Other MENDOTA HEIGHTS FIRE DEPARTMENT SEPTEMBER 2019 MONTHLY REPORT FIRE LOSS TOTALS LOCATION OF FIRE ALARMS Mendota Heights page 47 page 48 page 49 page 50 page 51 page 52 page 53 page 54 page 55 page 56 page 57 page 58 page 59 page 60 page 61 page 62 page 63 page 64 DATE: November 6, 2019 TO: Mayor, City Council and City Administrator FROM: Ryan Ruzek, P.E. Public Works Director SUBJECT: Resolution 2019-82 Deferring Street Rehabilitation Assessment at 1844 Dodd Road INTRODUCTION The Council is asked to approve resolution 2019-82, deferring the street rehabilitation assessment at 1844 Dodd Road for the Wesley neighborhood street improvement project. BACKGROUND State statue allows residents to defer special assessments for undeveloped property, senior citizen, permanent and total disability, military service, and green acres. DISCUSSION Staff has received a written request for an undeveloped property deferment of the assessment against the property of 1844 Dodd Road for the Wesley neighborhood street project. The resident, Louis Eschle, who lives at 1844 Dodd Road, (property ID number 27-02500-26-010) is asking the City Council to defer the assessment of $5,500.00 that was levied against his property. The attached resolution would defer the making of the assessment for this property. The deferred assessment would be recorded at Dakota County with the property. BUDGET IMPACT The city would carry the special assessment until the title of the property transfers to a new owner or the property is subdivided with an access onto Mager Court. Mr. Eschle has also requested the assessment not accrue interest during the deferment. This would be contrary to the City’s past practices when it has deferred assessments. The other taxpayers of the City would be responsible for making the bond repayments on the amount which is deferred, including interest. We are concerned about the precedent which would be set by waiving interest. RECOMMENDATION Staff recommends that Council discuss the option of interest on the deferred assessment and adopt the resolution deferring the street rehabilitation assessment at 1844 Dodd Road. The attached resolution has the current rate of interest (3.7531 %); if a change is desired by Council, it should so indicate. page 65 ACTION REQUIRED: If Council wishes to enact the staff recommendation, it should pass a motion adopting RESOLUTION 2019-82 DEFERRING THE MAKING OF ASSESSMENT FOR THE PROPERTY LOCATED AT 1844 DODD ROAD (PID 27-02500-26-010) FOR THE WESLEY NEIGHBORHOOD STREET IMPROVEMENT PROJECT. This action requires a simple majority vote. page 66 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNEOSTA RESOLUTION 2019-82 DEFERRING THE MAKING OF ASSESSMENT FOR THE PROPERTY LOCATED AT 1844 DODD ROAD (PID 27-02500-26-010) FOR THE WESLEY NEIGHBORHOOD STREET IMPROVEMENT PROJECT WHEREAS, the City Clerk, with the assistance of the Public Works Director, has calculated the proper amount to be specially assessed for the Wesley Neighborhood Street Improvements; and WHEREAS, the assessment roll for said improvements has been filed with the City Clerk and at all times since its filing has been open to public inspection; and WHEREAS, a hearing on said assessments was duly held at 7:00 p.m. on October 16, 2019, at the City Hall in the City of Mendota Heights, MN and; WHEREAS, Mr. Louis Eschle, is the owner of certain property more particularly described as Parcel No. 27-02500-26-010 the legal description of which is described as the following situated in Dakota County, Minnesota; South 136.8 FT of North half of the Northeast quarter of the northwest quarter east of Dodd Road Except the east 801.5 FT, Section 25, Township 28, Range 23 WHEREAS, Louis Eschle has requested that the making of an assessment against said property by reason of the property not currently developed on Mager Court be deferred until such time as the assessment term has expired, the property is developed, or otherwise transferred in title ownership. NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the assessment roll for said improvements be corrected to defer the making of an assessment at this time against the property of Mr. Louis Eschle (parcel no. 27-02500-26- 010) for the street rehabilitation improvements. 2. That upon the future sale of title transfer of said property there shall be levied an assessment in the principal amount of $5,500, plus interest at the rate of 3.7531 per cent per annum from October 16, 2019. 3. That the City Clerk is hereby directed to correct the assessment roll for said improvements as set forth above. Adopted by the City Council of the City of Mendota Heights this 6th day of November 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS _______________________________ ATTEST: Neil Garlock, Mayor ____________________________ Lorri Smith, City Clerk page 67 Request for City Council Action MEETING DATE: November 6, 2019 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Draft Ordinance No. 545 – Amending Title 12, Article G. I Industrial District, Chapter 1 General Provisions Regarding Floor Area Ratio (FAR) Standards in the I- Industrial District (Planning Case No. 2019-27) Introduction The City Council is asked to give final consideration of a proposed ordinance amending the city’s current floor area ratio (FAR) standard for uses in the I-Industrial District. Background At the October 2, 2019 regular meeting, this item was presented to the City Council for consideration, which would in effect remove the current 0.5 Floor Area Ratio (FAR) standard under City Code Title 12-1G-7: Site and Structure Requirements for the Industrial District. This recommendation on the FAR standard was made in relation to a separate consideration of a conditional use permit on a new 117,810-sf. self-storage facility. After discussion with staff and public comments, a motion was made to table this ordinance, along with the proposed CUP application for the storage use, in order to discuss this matter at a future council workshop. On Monday, October 28th, the council convened a workshop, whereby council discussed with city staff and the applicant this FAR item; and upon concluding the discussion, it appears there was a consensus (majority) of the councilmembers present that the current Industrial District’s FAR standard should remain intact. Discussion The City can use its legislative authority when considering action on a zoning code amendment request and has broad discretion, provided said action is constitutional, rational, and in some way related to protecting the health, safety and general welfare of the public. Recommendation At the September 24, 2019 meeting, the Planning Commission recommended unanimously to strike-out the 0.5 FAR standard in the I-Industrial District, and council may adopt proposed Ordinance No. 545 as presented. Action Required City Council may either affirm or overturn this recommendation, and make a motion to either adopt the proposed Ordinance No. 545, or make a motion to deny the ordinance. Either action requires a simple-majority vote of the council. page 68 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 545 AN ORDINANCE AMENDING TITLE 12, ARTICLE G. I INDUSTRIAL DISTRICT, CHAPTER 1 GENERAL PROVISIONS REGARDING FLOOR AREA RATIO (FAR) STANDARDS IN THE I-INDUSTRIAL DISTRICT The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 12-1G-7: Site and Structure Requirements is amended as follows: F. Floor Area Ratio: Floor area ratio shall not exceed 0.5. Section 2. This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this 6th day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk (Strikeout text indicates matter to be deleted, while underlined text indicates new matter) Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 page 69 Request for City Council Action MEETING DATE: November 6, 2019 TO: Mayor and City Council, City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Draft Ordinance No. 546 – An Interim Ordinance Placing a Temporary Moratorium on Adult Use Establishment & Sexually Oriented Businesses Introduction The City Council is asked to consider adopting proposed Ordinance No. 546, which establishes temporary moratorium on adult use establishments and sexually oriented businesses in the city limits. Background Staff has determined that the current City Code may not adequately address or provide standards or regulations specifically for adult uses or sexually oriented businesses in the community. The Minnesota State Attorney General released a “Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses” in 1989 (see attached), in which it was recommended (among other things) that communities should adopt zoning regulations which set distance requirements between sexually oriented businesses and sensitive uses, including but not limited to liquor establishments, residential areas, schools, child care facilities, churches and parks. Although State Statute 617.242 [Adult Entertainment Establishments] provides for some level of regulation authority and standards that cities can apply to these uses (see attached), it has been determined through previous legal and court decisions, that this statute may not be enough to protect and safeguard municipalities from such uses. A number of years ago, the League of Minnesota Cities suggested that communities should adopt their own “adult use ordinance” that would effectively govern, restrict and regulate these uses. During this 12-month moratorium period, city staff will research and present information to the planning commission and city council later this year or early next, and intend to have a final zoning ordinance amendment presented for adoption in the future. Recommendation City Council should adopt Ordinance No. 546, an Interim Ordinance Placing a Temporary Moratorium on Adult Use Establishment & Sexually Oriented Businesses, as presented herein. This action requires a simple-majority vote of the council. page 70 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 546 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON ADULT USE ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES IN THE CITY OF MENDOTA HEIGHTS AND DIRECTING A STUDY TO BE CONDUCTED The City Council of the City of Mendota Heights, Dakota County, Minnesota (the “City”) does hereby ordain as follows: WHEREAS, the City is aware that certain adult use establishments and/or sexually oriented businesses may cause secondary effects that are detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City’s comprehensive plan, zoning, licensing, and development regulations may not adequately address various impacts to the public health, safety, morals, and general welfare that adult use establishments and/or sexually oriented businesses present; and, WHEREAS, in order to provide adequate time for study, analysis, and the finalization of a city code amendment regarding adult use establishments and/or sexually oriented businesses and to preserve the status quo within the City, the City desires to enact a temporary prohibition on the siting, allowance and issuance of any permits, land-use entitlements or licenses for adult use establishments and/or sexually oriented businesses. SECTION 1. THE FOLLOWING MORATORIUM ORDINANCE IS ADOPTED: PURPOSE. 1.1 The purpose of this interim ordinance is to protect the planning process and the health, safety, and welfare of the citizens of Mendota Heights by placing temporary moratorium requirements on adult use establishments and/or sexually oriented businesses within the City. The temporary moratorium will allow the City to complete a comprehensive study and enact permanent zoning and possible licensing regulations relating to adult use establishments and/or sexually oriented businesses. FINDINGS. 2.1 Studies conducted by the Minnesota Attorney General and the Texas City Attorneys’ Association, as well as the Cities of St. Paul, Alexandria, and Rochester, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; Los Angeles, California; Seattle, Washington; St. Croix County, Wisconsin; Adams County and the City of Denver, Colorado, have examined the impact that adult establishments and sexually oriented businesses have on their respective communities. These studies generally concluded that adult establishments have an adverse impact on surrounding neighborhoods. page 71 Those impacts include increased crime rates, lower property values, increased transiency, neighborhood blight and potential health risks. The City Council of the City of Mendota Heights recognizes that the same or similar adverse impacts could occur in a smaller city such as Mendota Heights. Therefore, the City Council makes the following preliminary findings regarding the need to regulate adult establishments and massage establishments. The findings and conclusions contained in this ordinance may be further updated and revised during the temporary moratorium period, as provided for in Section 3.4 of this ordinance. a) Adult uses have an impact on the neighborhoods surrounding them, which is distinct from the impact caused by other commercial uses; b) Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate at the rate of other comparable properties when located in proximity to adult use establishments and/or sexually oriented businesses. 2.2 The City Council is also concerned that the City’s zoning and licensing regulations may be inadequate to accomplish the purpose for which they were intended, as related to adult use establishments and/or sexually oriented businesses. 2.3 In addition to the proper zoning classifications of such uses there are a number of significant planning and land use issues pertaining to the regulation of such uses, including the following: a) The particular zoning districts in which such uses shall be allowed as permitted or conditional uses; b) The concentration and density of such uses in the City and its neighborhoods; and, c) The effect of such uses on other uses in the surrounding area. 2.4 There is a need for a study to be conducted so that the City, as part of its planning process, can adopt comprehensive land use and zoning regulations pertaining to adult use establishments and/or sexually oriented businesses. 2.5 Minnesota Statutes, Section 462.355, subd. 4, permits the adoption of interim zoning ordinances during the planning process. PLANNING AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by City staff to determine how adult use establishments and sexually oriented businesses should be regulated within the City. The scope of the study should include, but is not limited to, the following: a) The proper legal definitions for adult use establishments and sexually oriented businesses; page 72 b) The particular zoning districts in which adult use establishments and/or sexually oriented businesses should potentially be allowed as permitted or conditional uses; c) The density and concentration of such uses; d) The effect of such uses on other uses in the surrounding area; and, e) Any appropriate licensing requirements, if needed. 3.2 Upon completion of the study, the matter may be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of any development and land-use approvals, including but not limited to preliminary plats, re-zonings, variances, conditional use permits, site plans, or licenses. 3.4 This ordinance will be effective for a period of twelve (12) months after its effective date. ENFORCEMENT. 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. SEPARABILITY. 5.1 Every section, provision or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. This ordinance shall be in effect from and after the date of its passage and publication. page 73 Adopted and ordained into an ordinance this 6th day of November, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST Lorri Smith, City Clerk page 74 This document is made available electronically by the Minnesota Legislative Reference Library as part of an ongoing digital archiving project. http://www.leg.state.mn.us/lrl/lrl.asp page 75 page 76 page 77 page 78 page 79 page 80 page 81 page 82 page 83 page 84 page 85 page 86 page 87 page 88 page 89 page 90 page 91 page 92 page 93 page 94 page 95 page 96 page 97 page 98 page 99 page 100 page 101 page 102 page 103 page 104 page 105 page 106 page 107 page 108 page 109 page 110 page 111 page 112 617.242 ADULT ENTERTAINMENT ESTABLISHMENTS.​ Subdivision 1.Definitions.For purposes of this section:​ (1) "adult entertainment establishment" means a business that is open only to adults and that presents​ live performances that are distinguished or characterized by an emphasis on the depiction of sexual conduct​ or nudity;​ (2) "sexual conduct" has the meaning given in section 617.241; and​ (3) nudity has the meaning given in section 617.292, subdivision 3.​ Subd. 2.Notice to local government unit.A person must not operate an adult entertainment establishment​ at a location where this type of establishment was not previously located unless, at least 60 days before​ submitting a permit application for operation of the establishment or, if a permit is not required, at least 60​ days before beginning operation of the establishment, the person gives written notice by certified mail to​ the chief clerical officer of the statutory or home rule charter city in which it will be located of the date on​ which the person intends to begin operation of the establishment. If the adult entertainment establishment​ is proposed to be located outside the boundaries of a statutory or home rule charter city the notice must be​ given to the clerk of the town board and the county auditor of the county in which the establishment is​ proposed to be located. Upon receipt of the notice, the officer must acknowledge receipt of the notice by​ certified mail, return receipt requested, addressed to the person, and notify the governing body or town board​ of the receipt of the notice. The governing body or town board may conduct hearings on the proposed​ operation of the adult entertainment establishment and must give written notice by ordinary mail to the​ operator of the establishment of any hearings.​ Subd. 3.Zoning; adult entertainment establishments.If an adult entertainment establishment is​ located within 50 miles of a statutory or home rule charter city or town, the governing body of the city or​ the town board is not required to provide by zoning or otherwise for a location within the city or town limits​ in which an adult entertainment establishment may be located. If an adult entertainment establishment is​ located within 50 miles of the boundaries of a county, the county board is not required to provide by zoning​ or otherwise for a location within the county limits in which an adult entertainment establishment may be​ located.​ Subd. 4.Proximity.An adult entertainment establishment may not operate in the same building as, or​ within 1,500 feet from, another adult entertainment establishment; within 500 feet of residential property,​ regardless of how the property is zoned; or within 2,800 feet of a public or private elementary or secondary​ school or a church, synagogue, mosque, or other place of worship. Distances are measured between the​ closest property lines.​ Subd. 5.Hours and days of operation.An adult entertainment establishment located in a statutory or​ home rule city, town, or county that does not regulate hours of operation may not be open for business before​ 10:00 a.m. or after 10:00 p.m. on Monday through Saturday and may not be open for business on a Sunday​ or legal holiday.​ Subd. 6.Restrictions on ownership or management by persons convicted of certain crimes.A​ person who has been convicted of one of the following offenses may not operate or manage an adult business​ establishment for three years after discharge of the sentence for the offense, or a similar offense in another​ state or jurisdiction:​ (1) prostitution or sex trafficking under section 609.321; 609.322; 609.324; or 609.3242;​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 617.242​MINNESOTA STATUTES 2019​1​ page 113 (2) criminal sexual conduct under sections 609.342 to 609.3451;​ (3) solicitation of children under section 609.352;​ (4) indecent exposure under section 617.23;​ (5) distribution or exhibition of obscene materials and performances under section 617.241;​ (6) use of a minor in a sexual performance under section 617.246; or​ (7) possession of pornographic work involving minors under section 617.247.​ Subd. 7.Local regulation allowed.If a county, town, or statutory or home rule charter city does not​ enact an ordinance or regulation governing adult entertainment establishments, this section applies in the​ county, town, or city. A county, town, or city may adopt an ordinance or regulation that is consistent with​ this section, that supersedes or is in whole or in part more restrictive than this section, or that provides that​ this section does not apply in the county, town, or city, and the county, town, or city ordinance applies. If a​ county, town, or city adopts an ordinance that only regulates a portion or facet of the operation of an adult​ entertainment establishment, this section applies to the remainder of the operation that is not regulated by​ the county, town, or city ordinance, unless the ordinance provides otherwise.​ History: 2006 c 240 s 2; 2015 c 65 art 6 s 20​ NOTE: The enforcement of this section by the city of Duluth was preliminarily enjoined in Northshor​ Experience, Inc. v. City of Duluth, 442 F.Supp.2d 713 (D.Minn. 2006).​ Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2019​617.242​ page 114