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2021-03-02 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 2, 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, Mazzitello, Miller, and Paper 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 Paper seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Miller moved approval of the consent calendar, pulling items a. and f. for a separate vote. b. Approval of February 24, 2021 Council Work Session Minutes c. Approve the January Fire Synopsis d. Award the Contract for Par 3 Well Rehabilitation Project e. Approve Resolution 2020-14 Accepting Work and Approving Final Payment for the 2019 Storm Sewer Improvement Project f Authorization .,,;th Ellie Family Partnerships, UT T U g. Approve the January 2021 Treasurer's Report h. Approval of Claims List 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 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF FEBRUARY 16, 2021 CITY COUNCIL MINUTES Councilor Duggan noted on page 10, paragraph four, it should state, "...consider a-peraaanent another possible location..." Councilor Duggan moved to approve FEBRUARY 16, 2021 CITY COUNCIL MINiJTES AS AMENDED. Councilor Miller seconded the motion. Further discussion: Councilor Mazzitello stated that he supports the change but suggested that staff check the video to confirm the change. He cautioned against making changes that were not stated at the meeting. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye PULLED CONSENT AGENDA ITEMS F) AUTHORIZATION OF CONTRACT WITH ELLIE FAMILY PARTNERSHIPS, PLLP Councilor Paper asked for more information on the program. He commented that this seems like a terrific thing and wanted to make sure they are doing enough. Police Chief Kelly McCarthy stated this contract provides a twice yearly mandated wellness check for Police Officers, with the goal that they take ownership of their own mental health. She stated that prior to 2013, PTSD claims were a very small percentage of workers' compensation claims. Today, PTSD claims are about 30 percent of total claims. She stated that we are in a recruitment and retention crisis and her main concern is to preserve and retain employees. She hopes this program will help employees stay healthy and productive. Councilor Duggan asked if there is concern for the privacy of the officers through this program. Police Chief Kelly McCarthy replied that this is protected medical data. She stated that she does not receive the data, she is only told whether the Officer reports to the session. March 2, 2021 Mendota Heights City Council Page 2 of 10 Councilor Duggan commented that this is a great program and commended Police Chief Kelly McCarthy for bringing this forward. Councilor Paper moved to approve AUTHORIZATION OF CONTRACT WITH ELLIE FAMILY PARTNERSHIPS, PLLP, Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye PULLED CONSENT AGENDA ITEMS A) APPROVAL OF FEBRUARY 16, 2021 CITY COUNCIL MINUTES Councilor Duggan stated that he had another proposed change to the minutes. He noted on page 15, the first paragraph, it should state, "...lighted ballfields are going to be eempleted contemplated..." City Attorney Elliot Knetsch confirmed that the minutes could be further amended through a motion. Councilor Duggan moved to approve FEBRUARY 16, 2021 CITY COUNCIL MINUTES AS AMENDED. Councilor Miller seconded the motion. A roll call vote was performed: Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) ROGERS LAKE WATER QUALITY REPORT -SAINT THOMAS ACADEMY Public Works Director Ryan Ruzek commented that Saint Thomas Academy has been testing the water of Rogers Lake annually and shares the results with the City. Tony Kinzley, Saint Thomas Academy, stated that his students collected a lot of data last fall and he has three students present to share the results. March 2, 2021 Mendota Heiglvas City Council Page 3 of IO Student Oliver Balfor provided background information on the water quality noting in 2020, 56 percent of Minnesota's lakes did not measure up to those standards. He stated that there were eight tests performed at nine different test sites. 29 groups collected the tests for a total of over 2,000 pieces of data. He highlighted the different testing locations around the lake and displayed a table of the data. Student Brendon Crow provided details on the dissolved oxygen test, stating it was 9.7 which is within the acceptable range. He provided details on the fecal coliform test, reporting a result of 5.1 col/100ml, which is within the acceptable range. He reported the hydrogen result of 7.9 pH units which is acceptable. He reviewed details on the biochemical oxygen demand test and reported a result of 4.1 ppm which is an unacceptable level. He noted that was the only major test that was outside the acceptable range. He reviewed the change in temperate results reporting a 2020 result of 1.4 degrees C, which is outside of the acceptable range but could likely have been attributed to the change fiom sun to shade. Student Will Applebaum reviewed the results of the nitrate test reporting a result of 0.3 ppm which is acceptable. He reviewed the total phosphate result noting a result of 1.1 ppm and stated that is just outside the acceptable range. He reviewed the turbidity results, reporting a rating of 12.7 JTU which is within the acceptable range. He stated the total solids result was 277.1 mg/L which is within the acceptable range. He stated that the overall rating of the lake for 2020 was 79.9 which is acceptable and in the good range. Mr. Balfor provided data on the historical overall rating of Rogers Lake beginning in the 1990's through the present. He reported that seven of the ten tests were within the acceptable range. He noted that the established buffers have helped to improve the water quality. He reviewed areas of improvement for the lake and things that could have impacted the test results. Mayor Levine thanked the students for their presentation. Councilor Miller thanked the students. He referenced the increase in GODS and asked if there is a hypothesis for that increase. He also asked if there is a correlation between the turbidity increase and BOD5 increase. Mr. Crow replied that BOD5 is typical from pet and yard waste that trickles into the lake and the increase was perhaps due to people spending more time in their yards in 2020 due to COVID. He stated that there could be a correlation between the BOD5 and turbidity. Mr. Applebaum commented that many of the test results are caused by the same thing. He used the example of yard waste which could increase BODS and noted that could also increase turbidity. Councilor Paper thanked the students, noting that Rogers Lake is one of the City's best resources. He referenced the dissolved oxygen noting the difference from when monitoring began 20 years ago to recent years and asked if there is a hypothesis on that change. Mr. Balfor replied that as testing and equipment has evolved and improved, they are most likely gaining better results. He commented that the numbers are much more reliable within the past ten years. He noted that the increased buffer zones have also helped to provide improvement to the water quality. Councilor Paper commented that the BOD5 numbers have increased over the past several years, which he believes correlates to when the City allowed electric motors on the lake. He asked if that could have something to do with the increase. Mr. Balfor replied that could be a factor but noted that they did not have specific data that could affirm that. He stated that BOD5 measures organic runoff into the lake and therefore was unsure motors would have an impact on that number. March 2, 2021 Mendota Heights City Council Page 4 of 1 D Councilor Paper stated that the data is collected from the south side of the lake and asked if data could also be collected from the north side of the lake. Mr. Balfor was not sure there would be a huge difference. Councilor Duggan commented that he looks forward to this presentation each year. He thanked the students and faculty for the great work. Councilor Mazzitello echoed the comments of thanks. He stated that the City has been doing active weed removal in partnership with the Rogers Lake HOA and asked if the data could have been impacted by that. Mr. Balfor commented that they were not aware of that activity. Mr. Crow commented that it would depend on where the weeds are removed from. He noted that if weeds are removed from the buffer zone that could have an impact. Councilor Mazzitello clarified that the weed removal is from in the lake. Public Works Director Ryan Ruzek commented that most of these tests were taken during the fall which was a dry period. He stated that the City has partnered with the HOA to provide aquatic weed treatments in an attempt to treat the curly leaf pond weed which is an aquatic invasive species. He stated that the City has been doing buckthorn removal on the west side of the lake which could have provided additional sunlight into the lake. He agreed that this is valuable data that the City will continue to monitor. Mayor Levine thanked the students for their work. She stated that things that are measured can be improved upon, which is why this data is important. She welcomed the students to expand their testing to other lakes in the community. She asked when the buffer zones were added to the lake. Public Works Director Ryan Ruzek stated that the City installed a buffer zone in 2003 or 2004, PUBLIC HEARING A) NPDES PHASE II STORM WATER PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) — ANNUAL PUBLIC HEARING Natural Resources Technician Krista Spreiter explained that the Council was being asked to hold a public hearing outlining the City stormwater requirements for compliance with the Minnesota Pollution Control Agency's MS4 storm water permit. Councilor Miller moved to open the public hearing. Councilor Paper seconded the motion. A roll call vote was performed: Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye There were no comments from the public. Councilor Duggan asked if the information would be available on the City website. Natural Resources Technician Krista Spreiter confirmed that the information is available on the website. March 2, 2021 Mendota Heights City Cotianeil Page 5 of IO Councilor Duggan asked if there has been any discussion with Saint Thomas Academy about the data they gathered from Rogers Lake. Ms. Spreiter commented that the City is thankful for the information each year but there have not been any additional conversations with the school. Mayor Levine stated that she appreciates the work that the City is doing, and that the City has a surface water management plan. She commented water from Mendota Heights flows into either the Mississippi or the Minnesota rivers and therefore surface water management is important. She asked if anyone has signed up for the Water Steward program this year. Ms. Spreiter confirmed that there is one Mendota Heights resident in the program this year, and two other residents that have completed the program. Mayor Levine encouraged interested residents to reach out to staff if they would be interested in joining the program. She referenced the County rain barrel and compost bin sale and asked if residents have expressed interest. Ms. Spreiter stated that this is the first year the City is partnering to hold the event, noting that ordering just began the previous day. Mayor Levine referenced the WHEP and CAMP programs noting that her daughter participated in CAMP which was transformative for her and led to on the path to study environmental studies in college. There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Paper seconded the motion. A roll call vote was performed: Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Duggan asked if staff has considered waiting an additional two weeks in case there are additional public comments. Natural Resources Technician Krista Spreiter noted that the public can submit comments any time within the next year on this presentation. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-21 AUTHORIZE PARTICIPATION IN THE MN GREENSTEP CITIES PROGRAM Public Works Director Ryan Ruzek explained that the Council was being asked to discuss participation in the Minnesota GreenStep City program. Recycling Coordinator Cassandra Johnson introduced Diana McKeown from the Great Plains Institute. Diana McKeown, Great Plains Institute, stated that GreenStep Cities is a partnership program and noted that the focus of her organization is to help entities build clean energy projects through CERTs. She explained how CERTs work and provided background information on the Metro CERT region. She stated that they focus on cities, counties, and local governments and this is a voluntary program. They currently have 141 participants. She reviewed data on the number of cities within the different steps, noting that the majority of cities fall under step three. A4arch 2, 2021 Mendota Heights City Council Page 6 of10 Ms. McKeown explained the things that earn recognition in the different steps and reviewed the categories of best practices. She stated that for each best practice there are different actions that could be taken to accomplish that best practice. She highlighted some of the cities in this area that participate in the program and explained why some cities choose to join the program. Councilor Paper stated that it appears the neighboring cities are already involved in the program and asked when those cities began participating in this program. Ms. McKeown noted that Eagan joined in 2010 and Eden Prairie joined in 2011. She stated that West Saint Paul joined in 2017. Councilor Paper expressed thanks for the presentation and believed this is a worthwhile program. Councilor Miller stated that the updated Comprehensive Plan includes a chapter on resiliency and believed that this program will be an essential component of implementing that chapter. Councilor Duggan commented that he was shocked at the commitment that may be needed. He referenced the land use section, noting that it would need to be revised in order to meet the goals of land use. He stated that he was pleased to hear that the program is voluntary. He stated that he will support this program. Councilor Mazzitello echoed the comments on the great presentation and program. He commented that he is supportive of taking the first step and adopting the resolution tonight. He asked that staff exercise good governance and plan out the actions to be taken and paybacks as this moves forward. Mayor Levine stated that she is supportive of this program. She asked which staff members would take the lead on this program and whether they feel there is adequate time in their schedule. Recycling Coordinator Cassandra Johnson confirmed that this would fall to her and Public Works Director Ryan Ruzek. She stated that she also works for other cities that are members of GreenStep Cities, therefore she is familiar with the program. She believed the program would be an asset as it is free and voluntary. Public Works Director Ryan Ruzek stated that he would imagine forming a Committee that would meet quarterly or semi-annually to review the list of activities and choose a few to focus on. Mayor Levine stated that the City is already doing some of the activities on the list and would get credit for those. She believed this is good timing with the recent adoption of the updated Comprehensive Plan. Ms. McKeown stated that it is up to the City as to how many actions it chooses to complete and whether it continues participation in the program. Councilor Duggan moved to approve RESOLUTION 2021-21 AUTHORIZE THE CITY OF MENDOTA HEIGHTS TO PARTICIPATE IN THE MINNESOTA GREENSTEPS CITIES PROGRAM. Councilor Miller seconded the motion. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye March 2, 2021 Mendota Heiglads City Council Page 7 of IO B) RESOLUTION 2021-20 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE IVY FALLS EAST NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek explained the feasibility report for the Ivy Falls East Neighborhood project. Mr. Ruzek stated the improvements on Brompton Place, Downing Street, London Road, Sutcliff Circle, Winston Circle, and Winston Court will include removing the existing bituminous surface, aggregate base, concrete curb and gutter repair, and placing a new bituminous surface, watermain, storm sewer repair, ADA improvements, and appurtenant work. Trail improvements within the public right of way leading to Ivy Falls Park are also anticipated. Councilor Miller asked the estimated start time and the length of construction. Mr. Ruzek commented that it is not a large project and estimated that construction would start in July and end late September. Councilor Duggan stated that he spoke with a property owner adjacent to the proposed trail who was concerned about an increase in pedestrian traffic. He asked if the property owner would be charged for any of the improvements. Mr. Ruzek replied that the City would bond for the trail costs. He stated that the trail is not a regional attraction and would serve as an access for the neighbors to the park. Councilor Duggan asked the recourse if the adjacent property owners do not want the trail. Mr. Ruzek commented that this is public right-of-way and the trail is an allowed use. He stated the reclaimed material from the road project would be used to create the gravel base for the trail and the surface would be paved. City staff would maintain it. He confirmed that there would not be an assessment for the adjacent property owners for the trail. Councilor Paper commented that adding the trail would help the entire neighborhood have easier access to the park. He noted that additional landscaping could be added to provide buffering. He asked if there are any proposed additional catch basins with this project. Mr. Ruzek identified where catch basins were proposed to be added to help with identified drainage concerns. Councilor Paper stated that this was called a small project and asked for additional details. Mr. Ruzek stated that he originally proposed to complete this project with the Marie Avenue project in 2020. He noted that these are quieter neighborhood streets and there would not be very much traffic disruption. Councilor Paper asked if there would be impacts to the bids that may be received because it is a smaller projectI Mr. Ruzek commented that this would be a good fall project for a contractor once they complete a summer project that may be on their schedule. Councilor Paper asked the amount of service interruption that residents would experience because of the watermain work being completed. Mr. Ruzek replied that a temporary water system would be setup for the residents in this area, noting that these residents would not have a water bill for the time they are connected to the temporary water system. Councilor Mazzitello commended staff for the thorough feasibility report. He referenced the proposed trail and stated that the right -of --way is 60 feet wide with an eight -foot trail proposed. The City should be able to screen the trail to satisfy the adjacent property owners. He stated that Mendota Heights has always attempted to connect the community and currently this neighborhood needs to go blocks out of the way to access this park. This trail connection would benefit the neighborhood. March 2, 2021 Mendota Heights City Coamcil Page 8 of IO Mayor Levine asked if the critical area moratorium would impact this project. Mr. Ruzek commented that this project area is not within the critical area district. Mayor Levine asked staff how they encourage participation in rain gardens in conjunction with road projects. Mr. Ruzek stated that he would mail information to the properties within the assessment range for this project and could include the two properties abutting the proposed trail. He noted that a second push could be made towards rain gardens in the packet and through the virtual open house meeting. He stated that initially ten properties were interested in rain gardens. Councilor Duggan suggested that the two properties abutting the trail should be invited to sit in on the discussion related to screening for the trail. Councilor Paper commented that the City should be cautious as to how much screening would be installed because of the ongoing maintenance. Public Works Director Ryan Ruzek commented that the City is looking to implement maintenance agreements for rain gardens. Mayor Levine stated that perhaps the City would plant a few trees and the neighboring property owners could plant additional vegetation if desired. Councilor Paper agreed but noted that there would be a limit because it is City right -of way Councilor Mazzitello agreed that there should be discussions with the neighboring property owners as to what will be done in the right-of-way and a plan can then be crafted to address those concerns but recognized there is a limit to what can be done in terms of the ongoing maintenance obligation. Councilor Mazzitello moved to adopt RESOLUTION 2021-20 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE IVY FALLS EAST NEIGHBORHOOD IMPROVEMENTS, PROJECT #201906, Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that registration for summer recreation and Par 3 begins the following week online and at City Hall. He noted that there are spots open for adult open league softball. March 2, 2021 Mendota Heights City Council Page 9 of IO COUNCIL COMMENTS Councilor Mazzitello commented on the passing of former City Administrator Jim Danielson, noting he was one of the few people he considered a mentor. He suggested the Council consider memorializing Mr. Danielson at an upcoming meeting. Councilor Duggan commented that he was privileged to work with Mr. Danielson for many years on the Planning Commission and Council. He stated that he supports the idea of some kind of memorial. Councilor Miller stated that he had the opportunity to meet Mr. Danielson on a few occasions and commented that he was a kind man and generous with his time. He supported a future motion to name something after him in the City. Councilor Paper stated that he did not personally know Mr. Danielson but agreed his fingerprints are all over the community. He stated that Mr. Danielson left a good impression upon the community. He thanked the Saint Thomas Academy students for their presentation on Rogers Lake, Mayor Levine echoed the previous Council comments related to Mr. Danielson. She commented that those that are temporarily elected to office are only there temporarily and their efforts are paved by those that have come before. She expressed thanks to Mr. Danielson and the excellent work he completed. ADJOURN Councilor Paper moved to adjourn. 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 Mayor Levine adjourned the meeting at 8:20 p.m. TTE � Lorri Smith City Clerk S ep is ie Levine Mayor Mm�ch 2, 2021 Mendota Heights Ctry Cm�ncil Page 10 of 10