2020-10-07 Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 7, 2020
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 6:00 p.m. Councilors Duggan, Miller (arrived at 6:06 p.m.),
Paper, and Petschel were also present.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda.
Councilor Duggan seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR
Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval.
Councilor Petschel moved approval of the consent calendar as presented, pulling item f.
a. Approval of September 15, 2020 City Council Minutes
b. Approval of August 25, 2020 Planning Commission Meeting Minutes
c. Approve the Summary Publication of Ordinance 559
d. Resolution 2020-65 Accept Bids and Award Contract for the 2020 Sanitary Sewer Cleaning and
Televising Project
e. Approve Professional Services Contract for the Somerset Elementary Sewer Realignment
f-. Appfeve ReseltAien 20-20 66 Snpperting the Dakota County 2021 2025 Capital improveme4# P1 an
g. Accepting Wetland Delineation Report and Wetland Determination for the Parcels Located at 1865
and 1883 Dodd Road
h. Approve Joint Water Resources Application of Wetland Exemption for the Parcel Located at 681
Brookside Lane
i. Acknowledge the Retirement of Jason Stone from the Fire Department
j. Approve the Purchase of Self Contained Breathing Apparatus (SCBA) from Emergency Response
Solutions
k. Approve Small Business CARES Grant Assistance
1. Acknowledge the August Building Activity Report
m. Approval of August 2020 Treasurer's Report
n. Approval of Claims List
Councilor Paper seconded the motion.
Ayes: 4
Nays: 0
PULLED CONSENT AGENDA ITEMS
F) APPROVE RESOLUTION 2020-66 SUPPORTING THE DAKOTA COUNTY 2021-2025
CAPITAL IMPROVEMENT PLAN
Councilor Petschel commented that it is encouraging to find a capital improvement project that the County
may be doing in Mendota Heights but recognized that may have a shared cost component for the City.
She asked for details on the County's plan near Delaware and Marie and what the City's cost -share would
be.
Public Works Director Ryan Ruzek stated that the County updates its capital improvement plan every five
years. He stated that a reconstruction of Delaware is shown from Marie Avenue to Dodd Road but noted
that the project details are not yet known. He noted that a design consultant will be hired in 2023. He
stated that the County's cost -share ratio is currently 75 percent County and 25 percent City, therefore the
cost to Mendota Heights would be 12.5 percent. He stated that for the estimated design costs of $600,000,
Mendota Heights portion would be about $75,000. He estimated about $250,000 for right-of-way
acquisitions and $520,000 for construction costs. He noted that there is an additional cost -share
opportunity being reviewed by the County which may reduce that cost. He stated that language is included
in the resolution stating that Mendota Heights may not be in the financial position to pay those funds to
provide flexibility. He noted that Mendota Heights would be using its MSA funds to fund a portion of
that cost.
Councilor Petschel commented that she wanted to ensure that this is included in future budget discussions.
Councilor Duggan commented that he would like to have the opportunity to review costs in the future.
Councilor Petschel moved to approve RESOLUTION 2020-66 SUPPORTING THE DAKOTA
COUNTY 2021-2025 CAPITAL IMPROVEMENT PLAN.
Councilor Paper seconded the motion.
Ayes: 4
Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
October 7, 2020 Mendota Heights City Council Page 2 of8
PUBLIC HEARINGS
A) RESOLUTION 2020-63 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE
MARIE AVENUE STREET IMPROVEMENTS
Public Works Director Ryan Ruzek explained that the Council is being asked to preside over an assessment
hearing and adopt the assessment roll for the Marie Avenue Street Improvements.
Larry Poppler, representing TKDA, provided a summary of the project improvements within the project,
the project costs, and the assessment process.
Councilor Duggan asked the age of the road and bridge before the reconstruction.
Public Works Director Ryan Ruzek replied that Marie Avenue was constructed in 1974. He noted that an
overlay was completed in the 1990's or 2000.
Councilor Duggan asked the lifetime expectancy of the bridge.
Public Works Director Ryan Ruzek replied that roadways typically have a lifespan of 25 years, which can
be expanded with additional maintenance to about 40 years. He estimated 60 to 75 years on a bridge.
Councilor Duggan asked if the interest rate has been determined.
Public Works Director Ryan Ruzek replied that has not yet been determined and would not be known until
October 201h
Councilor Duggan asked and received confirmation that the Marie Avenue residents have been made
aware of the meeting tonight. He asked if any residents called with concerns or questions.
Public Works Director Ryan Ruzek replied that he had not received calls about the proposed assessments.
He noted that most of the calls seemed to be related to whether assessments could be prepaid and what
the interest rate would be.
Councilor Duggan commented that Marie Avenue is now a great road.
Councilor Paper commented that he believed the project went very well and hoped that the City could
work with the contractor again in the future.
Councilor Petschel echoed the comments of Councilor Paper, noting that this project went much smoother
than the Victoria project.
Mayor Garlock moved to open the public hearing.
Councilor Miller seconded the motion.
There being no one coming forward to speak, Mayor Garlock moved to close the public hearing.
Councilor Miller seconded the motion.
October 7, 2020 Mendota Heights City Council Page 3 af8
Councilor Miller moved to adopt RESOLUTION 2020-63 ADOPTING AND CONFIRMING
ASSESSMENTS FOR THE MARIE AVENUE IMPROVEMENTS.
Councilor Petschel seconded the motion.
Ayes: 5
Nays: 0
B) RESOLUTION 2020-67 APPROVING PROPERTY TAX ABATEMENTS
Finance Director Kristen Schabacker introduced Keith Dahl of Ehlers and Associates.
Keith Dahl explained that the Council is being asked to hold a public hearing on the Tax Abatement Bonds
that will be issued for the Marie Avenue Street Project.
Councilor Duggan asked for clarification on how the benefit to a property or the City would be measured.
Mr. Dahl explained that the annual abatement is going on the tax levy, therefore all residents will pay the
debt service.
Councilor Duggan asked how Marie Avenue residents could oppose the statement of added value,
specifically 1 A of the findings of abatement.
Councilor Petschel clarified that she believes Councilor Duggan is referencing whether they would benefit
from the assessment they have paid. She explained this does not have anything to do with individual
assessments/property and is instead the City's share of the project costs.
Councilor Duggan stated that he would then assume that there would be increased valuations in the future
because of the project.
Councilor Petschel stated that this is simply a bond mechanism that the City is not familiar with and noted
that this is a unique project with not many homes to assess. She noted that this is more of a major road
rather than a neighborhood road that would have more residences to assess.
Mayor Garlock moved to open the public hearing.
Councilor Paper seconded the motion.
There being no one coming forward to speak, Mayor Garlock moved to close the public hearing.
Councilor Paper seconded the motion.
Councilor Miller moved to adopt RESOLUTION 2020-67 APPROVING PROPERTY TAX
ABATEMENTS.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
October 7, 2020 Mendota Heights City Council Page 4 of 8
C) RESOLUTION 2020-46 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL
USE PERMIT FOR 1217 VICTORIA CURVE (PLANNING CASE NO. 2020-14)
Community Development Director Tim Benetti explained that the Council was being asked to adopt a
resolution approving a critical area permit (CAP) to construct a new single family dwelling on a property
situated in the Critical Area Overlay District, along with conditional use permit (CUP) to construct an
oversized attached garage up to 1,480 square feet.
Councilor Miller asked whether the trees would be replaced at a one to one ratio.
Community Development Director Tim Benetti confirmed that the significant trees would be replaced at
a ratio of one to one.
Councilor Duggan asked if there is a definition of a significant tree.
Community Development Director Tim Benetti confirmed that definition is a trunk size of six inches or
greater. He stated that the ordinance does not differentiate between scrub trees, only six inches or greater.
Councilor Duggan commented that perhaps that language should be clarified in the future.
Councilor Miller asked if that language only applies in the critical area or all areas.
Community Development Director Tim Benetti commented that currently it is only within the critical
area.
Councilor Miller commented that, in future discussions, he would be interested in adopting that language
for all developments.
Councilor Petschel stated that her concern is with the existing garage on the neighboring property that is
built into the hill that borders the two properties and currently has drainage problems. She asked for
details on how the drainage on the western portion of the lot could impact that neighboring property.
Public Works Director Ryan Ruzek identified the drainage that will flow to Victoria. He noted that some
drainage will flow to the west to go down the driveway to Victoria. He stated that the applicant is
proposing to install a curb on the west side of the driveway that would prevent water from flowing that
direction. He noted that all downspouts will point down the driveway and not to the neighboring property.
Councilor Paper stated that his concern is whether headlights coming into the driveway would impact
neighboring homes and whether coniferous trees would be planted along the sightline for the driveway to
provide year-round coverage
Community Development Director Tim Benetti stated that the applicant did mention that he would provide
for coniferous trees for that coverage. He noted that the details would be included in the building permit
process.
October 7, 2020 Mendota Heights City Council Page 5 of8
Mayor Garlock invited the applicant to speak.
Calvin Tran, Tempo Homes, representing the applicant, stated that they do intend to plant coniferous trees
surrounding the front yard to keep the home private. He recognized that there has been some controversy
in this project but noted that their main goal is to allow his client to build a home. He noted that through
neighborhood meetings and discussions with staff, they believe they have developed a plan that would be
suitable for everyone. He stated that they will continue to cooperate and follow City Code. He noted that
they would also take into account any voiced concerns along the way. He stated that although they cannot
please everyone, they believe that this proposed plan is the best solution. He commented that they are
thankful to have found this common ground.
Councilor Paper asked the size of coniferous trees that they plan to plant.
Mr. Tran replied that they would most likely use eight -foot trees for replanting
Councilor Duggan thanked the applicant and all of the community members that have participated in this
process and come to this agreed upon plan. He recognized that it can be a challenge to build a house in
this community and thanked the applicant for being patient and listening to the comments received from
neighbors. He hoped that the homeowner feels welcome in the neighborhood.
Mayor Garlock moved to open the public hearing.
Councilor Petschel seconded the motion.
There being no one coming forward to speak, Mayor Garlock moved to close the public hearing.
Councilor Paper seconded the motion.
Councilor Petschel moved to adopt RESOLUTION 2020-46 APPROVING A CRITICAL AREA
PERMIT AND CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 1217
VICTORIA CURVE.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
B) RESOLUTION 2020-64 SUPPORTING THE DESIGNATION OF THE NORTHERN
DAKOTA COUNTY CHAPTER OF THE `BEYOND THE YELLOW RIBBON" VETERANS
AND SERVICE FAMILY NETWORK
City Administrator Mark McNeill introduced former West St. Paul Council Member Ed Iago. Ed Ingo
provided a brief background on this item. The Council was being asked to adopt a resolution making
Mendota Heights an official participant in the Northern Dakota County chapter of "Beyond the Yellow
Ribbon" (BTYR).
Octoher 7, 2020 Allendota Heights City Council Page 6 of 8
Mayor Garlock commented on the dedication of Mr. Iago towards this cause and expressed appreciation
for his hard work.
Mr. Iago stated that they provide a range of services for veterans and their families. He stated that a
veteran can call the confidential hotline, where he obtains the necessary information, and reviewed a list
of the various services that they can assist with. He thanked the Mayor and Council for consideration of
this resolution.
Councilor Duggan expressed gratitude and thanks to Mayor Garlock for the work he has done for the
community and members of the community. He noted that as Mayor Garlock will be retiring from the
position of Mayor, he will continue to serve in this capacity. He thanked Mayor Garlock for all he has
done for the community of Mendota Heights.
Councilor Duggan moved to adopt RESOLUTION 2020-64 SUPPORTING THE DESIGNATION OF
THE NORTHERN DAKOTA COUNTY CHAPTER OF THE "BEYOND THE YELLOW RIBBON"
VETERANS AND SERVICE FAMILY NETWORK.
Mayor Garlock seconded the motion.
Ayes: 5
Nays: 0
A) MEETING ROOM USE POLICIES
City Administrator Mark McNeill explained that the Council was being asked to suspend the public's use
of City facilities for meetings during COVID-19 restrictions.
Mayor Garlock agreed with the request of staff and confirmed the consensus of the Council.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that fall rates are in effect at the Par 3 course, noting that it
will stay open as long as weather permits. He stated that MEA and winter break will be approaching, and
parents can check the City website for recreation program options.
COUNCIL COMMENTS
Councilor Petschel commented that the small businesses in Mendota Heights that applied for the small
business grant program will be awarded funds through Dakota County. She echoed the comments of
Councilor Miller and that tree replacement requirements for the critical area should be expanded to all
developments.
Councilor Miller noted that the school district is moving towards a phased in hybrid model and provided
details. He stated that for about one month there are two schools in the community that have done an
exceptional job of bringing students into their buildings safely and hoped that the school district would
October 7, 2020 Mendota Heights City Council Page 7 of 8
review how those schools have successfully implemented that ability for in person teaching. He stated that
they need to keep the children and staff safe.
Councilor Petschel commented that the mask wearing for children has also been seamless. She
commented that children are smart and adaptable.
Councilor Paper commented that children are returning to school and will be outside waiting for the bus
and he asked drivers to be aware of them. He thanked Jason Stone for his years of service to the fire
department and wished him well in his retirement.
Councilor Duggan stated that Halloween is approaching and noted that the community needs to be
thinking about whether it will support trick or treating. He commented that the community wisely decided
to not host the bonfire. He noted that perhaps members of the Council could be outside of the City Hall
to hand out treats to vehicles, one per person. He stated that he would hate to lose the culture of Halloween
but recognized that they need to be careful of safety for children. He noted that people can make the
choice to turn their lights off and not participate if they do not feel safe.
Councilor Garlock moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Garlock adjourned the meeting at 7:16 p.m.
Neil Garlock
Mayor
ATTEST:
�w _
Lorri Smith
City Clerk
October 7, 2020 Mendota Heights City Council Page 8 of 8