2021-02-16 Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 16, 2021
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 Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller,
were present using WebEx.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
PRESENTATIONS
A) MCCARRONS WATER PLANT PROJECT —SAINT PAUL REGIONAL WATER SERVICE
Public Works Director Ryan Ruzek provided background information noting that the City receives its
water service from Saint Paul Regional Water Service (SPRWS). He stated that SPRWS is planning to
make improvements to its McCarron Water Treatment Plant.
Patrick Shea, SPRWS, stated that they are in the process of beginning a significant expansion of the
McCarron Treatment Plant which is located in the city of Maplewood. He provided background
information on the McCarron Water Treatment Plant.
Will Menkhaus, SPRWS, explained why this is the right time to make these improvements, noting that
they want to take a proactive approach to infrastructure in order to improve reliability, improve capacity
to handle contaminates, reduce the footprint, and take advantage of the current low interest rates. He
provided details on the preliminary project scope.
He provided additional details on the financial impacts, noting that overall rates are expected to increase
approximately 25 percent over the duration of the project. He noted that costs remain less than a penny
per gallon of water which are below average nationally.
Steve Schneider, SPRWS, stated that this process began with a needs assessment in 2012. He noted that
the water treatment plant is over 100 years old and this is the time to move forward proactively. He
recognized that this is a large project, but it is meant to provide service for a long period of time.
Councilor Miller referenced the flip the switch tactic and asked how long it would be anticipated to run
both systems in tandem. He also asked what would happen to the existing system. Mr. Menkhaus stated
they would continue to operate with the existing facility through 2024, with the new system ready to
operate in 2024. He explained that the systems would not be run in tandem, but the existing system would
be there as a backup. He stated that they expect to demolish the existing facilities while preserving the
history of the facility itself.
Councilor Paper asked for a definition of "phase four facility". Mr. Schneider replied that they voluntarily
participate in the Partnership for Safe Water with other entities across the nation and in coordination with
the EPA. He explained that phase four is the highest level of achievement a water treatment facility can
rank, noting that SPRWS is one of 30 facilities in the country that have earned that rating.
Councilor Paper asked about the Water Commissioners Board. Mr. Schneider replied that there are seven
members; three are City of Saint Paul Councilmembers, two are residents of Saint Paul appointed by the
Mayor and Council of Saint Paul, and two are members from the suburban customers served.
Councilor Paper asked the condition of the aquafer that the water is being drawn from and whether the
3M contamination has had an impact. Mr. Shea replied that SPRWS is using surface water from a
combination of sources. He stated that groundwater would be used as an emergency backup. The PEAS
issue with 3M continues to be measured and monitored. PFAS is present everywhere, but the amount is
below the health -based limits.
Councilor Duggan asked for details on security. Mr. Shea stated that their control systems are separated
from the Internet therefore outside tampering would not be possible. The facility will remain secure.
Councilor Duggan stated that the rate increase from 2021 to 2024 would be about 23 percent and asked if
that is standard. Mr. Schneider stated that the rates presented tonight are estimated costs for a typical
residential home. He stated that the current system was constructed over 100 years ago and this project
would be an investment to continue to provide that service for a similar amount of time going forward.
Mr. Menkhaus stated that the rate estimates are for the average customer, while Mendota Heights would
expect less of an increase because of the surcharge that will drop off.
Councilor Mazzitello stated that he appreciates the service that SPRWS provides to the residents. He
believed that the Council should consider amending the JPA to allow Mendota Heights to serve on the
SPRWS Board of Commissioners.
Mayor
Levine asked if the system
would
have the
capability to remove PFAS in lower amounts, if ever
needed.
Mr. Shea provided details
on the
filtration
process.
February 16, 2021 Mendota Heights City Council Page 2 of IO
Mayor Levine commented on the low water rates and high quality of drinking water. She encouraged
SPRWS to look at pollinator friendly plantings for the green areas that would exist around the new facility.
Councilor Duggan asked what water backups are in place if ever needed. Mr. Shea replied that Saint an
has a lot of storage through different supply sources. He stated that if the water were not consumable, it
can still be pumped for fire protection and could be boiled for use.
Councilor Paper asked when groundbreaking would be anticipated. Mr. Menkhaus replied that the bulk
of construction would begin in fall of 2022 and go through 2024. He noted that finishing and demolition
would continue into summer and fall of 2025.
Councilor Paper asked when the bond sale would be anticipated. Mr. Schneider replied that the process
for financing is on a reimbursement basis through the Public Facilities Authority,
Mr. Menkhaus encouraged the Council to reach out with any additional questions they have may.
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Miller moved approval of the consent calendar as presented, pulling item f. for a separate vote.
a. Approval of February 2, 2021 City Council Minutes
b. Approval of February 9, 2021 Council Work Session Minutes
c. Acknowledge the January 5, 2021 Parks and Recreation Commission Meeting Minutes
d. Approve Resolution 2021-15 Final Payment, Accept Wesley Neighborhood Improvement Project
e. Approve Resolution 2021-17 Accepting Work, Approving Final Payment for the Fire Hall
Remodel/Expansion — Schwickert's Tecta America
f Approve n t ase A-fo esei ia u oat, Trailer,d Motor- Approven psoli iti. 2r»i 49 Dis r, sal
of Surplus Property
g. Approve Resolution 2021-18 Accept Donation of Grill from Lowe's, Donate to Neighbors Inc.
h. Accept Police Officer Resignation, Authorize Police Officer Recruitment Process
i. Accept Airport Relations Commissioner Selection Process
j. Acknowledge December 2020 Par 3 Financial Report
k. Approve Building Activity Report
1. Approval of Claims List
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
February 16, 2021 Mendota Heighxs Ctry Council Page 3 of 10
PULLED CONSENT AGENDA ITEMS
F) APPROVE PURCHASE OF RESCUE BOAT, TRAILER, AND MOTOR AND APPROVE
RESOLUTION 2021-19 DISPOSAL OF SURPLUS PROPERTY
Councilor Mazzitello stated that he supports replacing the boat. He stated that as the Council goes into
goal setting and budgeting for future years, it would be prudent to establish a life expectancy for all
equipment and depreciate that over time. He stated that this would result in an incremental amount
budgeted each year rather than a fluctuation in the levy to support purchases as they arise.
City Administrator Mark McNeill stated this would lead to more stable rates of taxation and good
governance. He encourage this discussion to continue in the budgeting session later this year.
Councilor Paper referenced the motor on the existing boat and whether the new motor would have the
same horsepower. Councilor Miller provided details on the current boat motor, which is from 1999 or
2000. He stated that the new equipment would be an updated version.
Councilor Paper asked if the old motor could be resold. Councilor Miller confirmed that the motor and
trailer would be resold by posting on a resale site.
Councilor Mazzitello moved to approve the PURCHASE OF RESCUE BOAT, TRAILER, AND
MOTOR AND APPROVE RESOLUTION 2021-19 DISPOSAL OF SURPLUS PROPERTY,
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
PUBLIC COMMENTS
No one from the public wished to be heard.
PUBLIC HEARINGS
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) CONSIDER ORDINANCE 562 MORATORIUM ON CRITICAL AREA OVERLAY DISTRICT
DEVELOPMENT ACTIVITIES AND PERMITS AND AUTHORIZING SUMMARY PUBLICATION
Mayor Levine noted that prior to tonight's meeting the City Council received three written comments
from the public and those will be entered into the record.
February 16, 2021 Mendota Heights City Council Page 4 of 10
Community Development Director Tim Benetti explained that the Council was being asked to consider
adopting Ordinance No. 562, which establishes a temporary moratorium on any proposed land use
applications and certain building permit requests for properties in the Critical Area Overlay District. He
provided details on the written comments received, one in support and two exemption requests.
Councilor Miller referenced the small building dimensions and believed that the Council previously
changed that allowance to 200 square feet from 140 square feet. Mr. Benetti replied that adjustment was
related to the domestic chicken ordinance, which allowed a larger total square footage for coops.
Councilor Mazzitello stated that he thought about different activities that require a Critical Area Permit,
he provided examples. He asked if there would be flexibility within the moratorium should an activity
slightly exceed the amount determined as allowed for square footage. Mr. Benetti stated that the city
could allow a small addition, but the intent of the moratorium is to apply it to a new construction project.
He stated that it would be good to halt activities that would require a full critical area review in order for
the City to implement the new ordinance requirements that match the DNR rules.
Councilor Miller commented that a moratorium is a finite policy which would provide up to one year for
the City to update the code. He stated that the City would not have to take the full year. Mr. Benetti noted
that staff is currently working on the update and is looking to complete the process as quickly as possible.
Councilor Duggan referenced the proposed moratorium language and provided suggested changes. He
suggested that in the first Whereas paragraph, the word `finds' be changed to `accepts'.
Councilor Mazzitello commented that planning application resolutions include findings of fact and
therefore the word `find' would seem appropriate.
Mayor Levine suggested that the Council first discuss whether it would like to consider the moratorium
before it considers language changes to the proposed ordinance.
Councilor Mazzitello moved to adopt ORDINANCE NO. 562 PLACING A MORATORIUM ON
CRITICAL AREA OVERLAY DISTRICT DEVELOPMENT ACTIVITIES AND PERMITS.
Councilor Miller seconded the motion.
Further discussion: Councilor Duggan continued to provide suggested grammatical changes to the
ordinance. The Councilors confirmed that in section 2.2, the word `study' could be replaced with `studies'.
It was confirmed that `finds' should remain as presented in the first Whereas paragraph.
Councilor Paper confirmed that, if approved, only two projects, the Dakota County project on Mendota
Heights Road, and the residential project at 1680 Lexington Avenue, would be exempted.
Mr. Benetti commented that moratoriums are a good tool in order to allow the City to address gaps in the
ordinance. He stated that the two parties that asked for the exemption were given tentative review/approval
for their projects in 2020. He confirmed that those are the only two projects that have begun the process
and/or received that approval.
February 16, 2021 Mendota Heights City Council Page 5 of 10
Councilor Paper commented that he would be comfortable exempting those activities because they already
began the process. He stated that he would not be comfortable exempting a project that has not come
forward to this date.
Councilor Mazzitello stated that one concern that he would have is that this would stop people from
improving their existing homes. He asked if there would be a mechanism for property within the critical
area to apply for an exemption during the moratorium if the activity was not development, redevelopment
or subdivision related. He asked if the Council would entertain increasing the allowed square footage
from 144 square feet to include actions such as a garage addition or driveway turnaround.
Councilor Duggan commented that there is not a particular circumstance in front of the Council, therefore
he would not want to massage the ordinance to continue to include situations that could arise. He stated
that he would support the ordinance as recommended.
Councilor Mazzitello referenced Section 3, Subsection 3.4 related to exemptions. He suggested adding a
3.5 further exempting the two properties agreed upon. He stated that if another party wanted to submit a
Critical Area Permit for an activity such as a garage, they could submit an ordinance amendment to add
their address to that line.
Councilor Duggan referenced Section 3, subsection 3.1, stating that `and' needs to be removed from the
first sentence to make it read correctly. Community Development Director Tim Benetti agreed.
A roll call vote was performed:
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Duggan moved to adopt the SUMMARY ORDINANCE 562 FOR PUBLICATION.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
B) MARIE PARK PLAYGROUND REMODEL CONTRACT AWARD
Recreation Coordinator• Meredith Lawrence presented a contract with Northland Recreation for the
replacement of playground equipment at Marie Park at a cost of $125,000. Along with the new play
equipment, the contract includes demolition and disposal of the existing play equipment, all site work, the
container, engineered wood fiber surfacing, and the installation. This playground would double the size
of the existing playground. Financing would come from the Special Parks Fund and using the proceeds
of the sale of the Village lots. Shade structures are also an option at a cost of $8,004,
Februmy 16, 2021 Mendota Heights City Coa�neil Page 6 of 10
Councilor Mazzitello complimented staff on the comprehensive report and asked for details on the buffer
distance between the water body and playground. Public Works Director Ryan Ruzek stated that staff
established a 25400t buffer area around the pond. He stated that the container for the playground
equipment will be reshaped to improve the ease of mowing for staff.
Councilor Duggan commented that it is great that the size of the playground will be doubled in size and
asked if the size of the parking lot would also need to be increased. Mr. Ruzek replied that Marie Park is
more of a neighborhood park which tends to have people walking or biking to it.
Councilor Paper asked to see a site plan of how the new playground would fit into the current park. He
asked if any of the old equipment could be reused. Ms. Lawrence stated that the City is not keeping any
of the existing equipment due to safety regulations. She stated that the new playground will provide more
features than currently exist.
Councilor Paper asked if there is another way the old equipment could be repurposed. He asked why earth
tones colors were chosen rather than brighter colors. Ms. Lawrence stated that the vendor may be able to
donate some of the equipment. She stated that earth tone colors were recommended by the subcommittee.
Councilor Paper commented that he believes that shade is important and should be included. He suggested
that additional trees be planted. Mr. Ruzek displayed the map of the current playground and identified
where the new equipment would be placed.
Councilor Miller concurred that shade will be important as the tree that currently provides shade will be
removed. He agreed that more trees should be planted in the park.
Mayor Levine thanked everyone that was involved in the planning process and stated she is very excited
for the project.
Councilor Paper moved to approve AND AWARD THE PLAYGROUND REMODEL CONTRACT TO
NORTHLAND RECREATION FOR A NOT -TO -EXCEED AMOUNT OF $133,004.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
C) RESOLUTION 2021-16 RENEW INTERIM USE PERMIT FOR OFF -LEASH DOG PARK AT
1360 ACACIA BOULEVARD
Public Works Director Ryan Ruzek provided background information and noted that the Council is asked
to extend the expired interim use permit for the Mendota Heights Off -Leash Dog Park.
Councilor Duggan referenced the fencing requirement. Public Works Director Ryan Ruzek replied that
was a carryover from the previous resolution and could be stricken if desired.
February 16, 2021 Mendota Hetghts Cary Council Page 7 of 10
Councilor Paper suggested leaving the language as they have done in the past when renewing this item.
He recommended extending the term for another five years.
Councilor Duggan commented that it is possible that the City could lose the dog park in the future and
suggested that the Council consider any possible locations in a future goal setting session.
Councilor Mazzitello recalled a discussion in 2015 related to the dog park. He stated that at that time
there were seven dog parks within a ten -mile radius of Mendota Heights. He stated that making the dog
park permanent in this location would devalue the site which could be used for development.
Councilor Miller commented that if dug upon, that land could contain Native American remains. He
believed that if the parcel were going to be developed, further research should be done.
Councilor Mazzitello commented that he does not believe that an in depth study has been done, even for
a dog park.
Mayor Levine noted that three members of the current Council were members of the Park and Recreation
Commission when the current location of the dog park was discussed. She stated that if the land were
disturbed there may be chemicals because of the use prior to it being used as a dog park.
Councilor Miller moved to approve RESOLUTION 2021-16 RENEWING AN INTERIM USE PERMIT
FOR AN OFF -LEASH DOG PARK AT 1360 ACACIA BOULEVARD.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
D) DISCUSSION OF 2021-2022 CITY GOALS AND PRIORITIES
City Administrator Mark McNeill presented a draft list of the goals suggested by Councilors at the goal
setting session of February 9" . He asked for input related to the timing proposed within the draft.
Councilor Mazzitello asked if an item shown as parked would not have action in 2021 or 2022 or would
be dependent upon another item. City Administrator Mark McNeill replied that parked items would be
on hold or could move forward as desired by the Council.
Councilor Mazzitello stated that this proposal would seem to fit the consensus to have ten or so items as
goals. He stated that many of the parked items seem related to other goals. Mr. McNeill noted that some
items cannot be completed until the pandemic has passed or other items are completed.
Councilor Paper asked if the idea of a parks referendum is going to be discussed soon, as that would be
the way to accomplish many of the goals related to improving our parks and trails.
Februcuy 16, 2021 Mendota Heights City Coe�neil Page 8 of 10
Councilor Miller acknowledged that would seem to make sense, but he would be hesitant to jump into a
referendum now because of the pandemic.
Mayor Levine stated that she would support changing one item to read "research and develop a dedicated
funding source for parks", as she did not believe the dedicated source has been agreed upon.
Councilor Paper commented that a parks referendum would not need to be the vehicle, but he wants to
discuss and research it further. He stated that the Par 3 funds are helpful, but the improvements continue
to increase in cost and an injection of funding is needed.
Councilor Miller suggested that the discussion of a parks referendum take a tempered approach during a
good economy. He stated the current parks equipment is not in disrepair and needing immediate action.
Mayor Levine stated that this discussion is actually one of the goals and suggested that the discussion be
refocused on the goals document. She commented that it appears the skate park is missing from the
document. She asked if the Council would support adding the skate park to the list.
City Administrator Mark McNeill confirmed that would be added as an action item.
Councilor Mazzitello suggested that the farmers market be added to the list. He asked the rational in
placing the tabletop emergency operations exercise as parked. Mr. McNeill commented that there are
tabletop exercises going on. He stated that whatever is done will involve the fire department and others
identified within the emergency operations plan. He confirmed that is an ongoing item rather than a parked
item.
Councilor Paper stated that there are several parks items listed as parked. He noted that they were close
to having the dugouts at Mendakota Park last year and he did not want to see that traction lost.
Councilor Duggan stated that if lighted ballfields are going to be contemplated, they should be in all parks.
He referenced the tabletop emergency exercises noting that those are activities of the fire and police
departments and not the Council. He stated that there are other elements that would involve additional
discussion, such as the dedication of the Par 3 funds.
Mayor Levine agreed that there will be discussion on the individual items over the next two years if the
document is approved.
City Administrator Mark McNeill stated that staff will make revisions to the document as discussed and
continue to add details.
Mayor Levine commented that this was a great process.
Councilor Duggan asked and received confirmation that the skate park will be added to the document.
February 16, 2021 Mendota Fletghts Ciry Council Page 9 of ]0
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the Fire Chief responded to him that the new boat
approved earlier tonight will have a Mercury motor on it.
COUNCIL COMMENTS
Councilor Miller extended thanks to the Athletic Director at Henry Sibley High School, on behalf of the
Fire Department, as the school allowed the department to use the pool the previous week to test new
equipment. He encouraged residents to use caution on thin ice.
Councilor Mazzitello noted the recent passing of Herb Bernick. He thanked the Public Works Department
for their efforts during the recent bitter cold weather.
Councilor Duggan commented
that he also knew
Herb as a business owner
and was sad for
his loss. He
thanked staff for the wonderful
work they do. He
stated
that he received his
first dose of the
vaccination.
Councilor Paper thanked the representatives from SPRWS for their presentation tonight and looked
forward to the City gaining representation on the Board. He thanked everyone that participated in
providing input for the Marie Park playground and thanked staff for the work they do to prepare for these
projects. He noted that the City will be getting a great project for the funds.
Mayor Levine stated that Public Works has been doing a great job maintaining the ice rinks, which
continue to be well used even in the cold weather.
ADJOURN
Councilor Paper moved to adjourn.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Mayor Levine adjourned the meeting at 8:39 p.m.
. v
Stephanie Levine
ATTES o /� Mayor
Lorri Smith "�JI I
City Clerk
February 16, 2021 Mendota Heights City Cauncif Page 10 of 10