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2021-06-15 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 15, 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 also present. 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 Mazzitello seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent calendar as presented, pulling item c. a. Approval VT 1, 2021 City Council Minutes bI Approval of June 2, 2021 Joint Council -Parks Rec Commission Planning Session Minutes e Appfejzal f June 4 0-21 joint Go :1 Parks Re Cenunission Dl„ ..g Session 7. iwato.. d. Approval of June 9, 2021 Council Work Session Minutes e. Acknowledge April 2021 Par 3 Financial Report f. Approve Renewal of Massage Licenses g. Approve Hiring of Office Support Assistant h. Approve Resolution 2021-52 Accept Bids -Award Sanitary Sewer Cleaning and Televising Project i. Approve Resolution 2021-51 Accepting Donations for City Events j. Approve Room Rental Policy k. Approve Building Activity Report 1. Approval of Claims List Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS C) APPROVAL OF JUNE 8, 2021 JOINT COUNCIL -PARKS REC COMMISSION PLANNING SESSION MINUTES Councilor Duggan commented that the Council, staff and the Parks and Rec Commission spent over 12 hours meeting to discuss the future of the parks. He commented that it was a positive experience and the intent was to plan to maintain the existing park infrastructure while perhaps adding some new features. He appreciated the effort from everyone involved. Councilor Duggan moved to approve J[JNE 8, 2021 JOINT COUNCIL -PARKS REC COMMISSION PLANNING SESSION MINUTES, Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Andrew Gotham, 1533 Dodd Road, stated that he is building mason beehives for Dodge Nature Center the following day at 5:30 p.m. He invited any members of the public to participate and learn. Councilor Duggan asked if this would be an opportunity for the public to learn how to build the hives. Mr. Gotham confirmed that they would be building the hives together and they will be donated to the Dodge Nature Center. He estimated that 12 to 15 hives would be constructed. Mayor Levine thanked Mr. Gotham for this work to protect our pollinators. She congratulated him on his pending Eagle Scout badge. Mr. Gotham provided additional background information on mason bees, explaining that they are more efficient than honeybees and spend more time pollinating. PRESENTATIONS A) FY 2020 CITY AUDIT Finance Director Kristen Schabacker stated that Matt Mayer from BerganKDV is present to provide the results of the 2020 audit. Matt Mayer reported that the City received an unmodified opinion. He noted that in terms of legal compliance there were no findings. He stated that there was one finding of internal control and compliance standards which was the lack of segregation of accounting duties. He noted that there was no compliance of internal control findings related to federal awards (CARES). He provided a brief overview of the general fund and other related City funds. Mayor Levine acknowledged the work of staff that goes into this process each year. Councilor Duggan commented that Finance Director Kristen Schabacker does an excellent job and expressed appreciation for her work and efforts to help keep the City financially stable. June I5, 2021 Mendota Heights Ciry Council Page 2 of 9 B) 2021 WORK PLAN BY DAKOTA COUNTY MASTER GARDENERS Public Works Director Ryan Ruzek stated that the Council is being asked to acknowledge the work plan from the local master gardeners. Cindy Johnson, Master Gardener, provided background information on the Master Gardener Program and reviewed the mission statement and priorities of the program. She highlighted statistics for the program from the past year noting that the work completed in 2020 was valued by Dakota County at $190,000. She provided photos of projects they have worked on in the community that provide a benefit to the environment, pollinators and help to educate the community. She stated that one of the most impactful concepts that arose through the partnership with the City was for the Master Gardeners to review development proposals to provide input on landscaping. She presented the 2021 work plan and provided a brief overview. Mayor Levine expressed thanks for the work the Master Gardeners do within the community. Councilor Mazzitello thanked Ms. Johnson and asked how this work plan builds off the 2016 work plan. Ms. Johnson replied that she believes that this has plateaued in recent years, but noted that they are working to grow relationships in order to expand the program. Councilor Mazzitello asked at what point in the process developers should coordinate with the Master Gardeners on their landscaping plans. Ms. Johnson commented that they would love to have a point of contact with the developer prior to the review by the Planning Commission. Councilor Duggan commented that he believes the developer should work with the Master Gardeners earlier in the process, before significant investment has been put into the landscaping plans. He asked if the City is working towards establishing a Natural Resources Commission. Ms. Johnson stated that as a new member of the Planning Commission, she looks forward to working with staff to learn more about the development process and how the Master Gardeners could be better incorporated to capitalize on development/redevelopment projects. Mayor Levine stated that she has enjoyed the curb cut raingardens that have been incorporated into street projects. Ms. Johnson replied that it is a great program. She provided more details raingardens. Councilor Duggan asked if this information is available on the City's website. Ms. Johnson commented that they would like to work with City staff to incorporate more educational information on the website. Councilor Duggan thanked Ms. Johnson for her enthusiasm, dedication, and expertise. Mayor Levine agreed that the community is a better place because of the work Ms. Johnson and her group completes. Jmxe I5, 2021 Mendota Heights City Council Page 3 of 9 PUBLIC HEARING A) RESOLUTION 2021-44 VACATING DRAINAGE AND UTILITY EASEMENT — PINE CREEK ESTATES Public Works Director Ryan Ruzek presented Resolution 2021-44 Vacating Drainage and Utility Easements -Pine Creek Estates, commenced by petition. He asked the Council to conduct a public hearing. Councilor Mazzitello noted that items 8a. Resolution 2021-44 Vacating Drainage and Utility Easements - Pine Creek Estates and 9a.Resolution 2021-50 Approving the Final Plat of Audrey Addition, appear to be linked and asked if there is a preferred order in which these items should be considered. Mr. Ruzek replied that the items could be considered in the order they appear on the agenda. Councilor Mazzitello stated that a preliminary plat was approved in July 2020, even though there was a unanimous recommendation of denial from the Planning Commission. He asked what would be the ramifications if the Council were to deny the final plat request. City Attorney Elliott Knetsch replied that the preliminary plat was approved and is valid for two years. He noted that if action is delayed, the City could run up against the time deadline outlined in state statutes. Councilor Duggan referenced the draft language within the resolution related to the public hearing and asked for clarity on specific language. He asked if the order of consideration should be changed. Councilor Mazzitello commented that his question was simply whether these actions were in the correct order and stated that he does not object to the order listed on the agenda. Mr. Ruzek commented that if there are issues related to the final plat, he would prefer the discussion of 9a. to occur first, to ensure that the existing easements remain in place if the final plat is not approved. Mayor Levine commented that it appears there may be an issue as to whether the final plat would be approved, and if not approved, the vacation of the easement would not be needed. City Administrator Mark McNeill commented that this item could be tabled, the next item could then be considered, and then the Council could come back to 8a. to hold the public hearing on vacating the drainage and utility easements. Councilor Mazzitello moved to table item 8a. Resolution 2021-44 Vacating Drainage and Utility Easements -Pine Creek Estates. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-50 APPROVE FINAL PLAT OF AUDREY ADDITION (F/K/A MOEHN ADDITION) 1770 DODD ROAD (LAKES, LLC/SEAN DOYLE - DEVELOPER) Community Development Director Tim Benetti explained that the Council was being asked to consider adopting a resolution approving the final plat of a new subdivision titled "Audrey Addition". The owner and developer is Sean Doyle of Lakes, LLC. June 15, 2021 Mendota Heights Cary Council Page 4 of Councilor Mazzitello asked staff to recap the activity of the Planning Commission on this case. Mr. Benetti commented that there was a challenge related to the variance request, as the two back lots would not have street frontage on a public roadway. He stated that when the adjacent property developed there was an agreement that this property would be able to subdivide in a similar manner, but a length of time passed, and a variance was then needed in order to create the lots. He stated that the variance was already approved and recorded by resolution therefore that is not part of the discussion tonight. He commented that the final plat is consistent with the preliminary plat. Councilor Duggan commented that the Planning Commission was challenged in issuing the variance as it did not feel it met the City requirements. He stated that when Pine Creek was developed, there was an understanding that this parcel would be allowed to similarly develop. He stated that the Pine Creek development also created a challenge for this property in creating two landlocked parcels. He stated that based on the history of the situation, the Council agreed to grant the variance. He stated that if this property would have developed in conjunction with Pine Creek, it would have been allowed. Councilor Miller commented that while this would have been allowed to go forward in 1992, the standards have changed since that time which is why he opposed the variance. He asked if the private driveway would have curb and gutter. Mr. Benetti replied that has not yet been decided. Councilor Miller stated that he believed the original agreement included widening the driveway and sprinkling the homes that will not have public street access. Mr. Benetti replied that the recommendation from the Fire Department was an either/or option, noting that a wider roadway would not require sprinkling. He noted that the turnaround and hydrant were also included to increase safety. Mayor Levine asked for details on the lot sizes. Mr. Benetti replied that all of the lots are compliant with the Code standards. Councilor Duggan referenced the proposed resolution language and provided suggested grammatical changes. Staff agreed with the proposed language changes. Councilor Mazzitello asked if the applicant would be willing to make this a public right -of --way. Sean Doyle, developer, replied that he is willing to work with the city. He stated that he had spoken with Mr. Peterson years ago about this property but when presented to him from city staff it was presented as an approved plat but the added clarity about the easement would be needed. He stated that he was presented the option to provide a 16-foot private driveway and sprinkle the two homes not abutting a public street, or to provide a 2046ot-wide private driveway and not sprinkle the homes. He stated that it is an option and is not a decision that he would have to make at this time. Councilor Mazzitello commented that the issue is that there is not 60 feet of right -of --way for a public streetI Mr. Doyle commented that the intent is not to have a public street but instead a shared driveway between the homes. Councilor Duggan commented that the installation of a fire hydrant would be required. Mr. Doyle agreed. Mayor Levine invited members of the public to provide input. June I5, 2027 Mendota Heights Cary Council Page 5 of9 Jake Deeb, 1780 Dodd Road, stated that he does not oppose the project as long as it is completed right. He stated that some residents thought this was going to be a City street. He asked if curb -gutter would be included and how it would be maintained. City Administrator Mark McNeill stated this would be a private driveway maintained by the residents. Kathleen Orm, 1760 Dodd Road, commented that the private driveway has been an issue. She stated that when it was installed, the Fire Department made the comment that the driveway had to be raised, which flooded her home. She stated they have tried to mitigate the flooding but if it is raised again, it will cause additional drainage problems. She asked if the widened driveway would all fall onto the subject property. Mr. Benetti replied that in reference to the current driveway that serves the existing properties that would be removed and improved to add the additional width within the existing easement. He noted that all of the existing properties agreed to the rights of the existing easement in 1992, but a new easement would be recorded along with maintenance rights and shared costs between the existing and new properties. Ms. Orm commented that currently her property does not contribute towards the maintenance of the driveway. She stated that she does not see a reason that should change. Councilor Mazzitello noted that is a private agreement between the property owners and is not a City matter. Councilor Duggan asked if there has been a report of flooding for the property at 1760 Dodd Road. He stated that when a development is approved, it cannot negatively impact a neighboring property. Councilor Mazzitello confirmed there is language within the Code that provides that protection. Public Works Director Ryan Ruzek commented that this could be viewed as an opportunity to improve the existing conditions that could perhaps improve the flooding at 1760 Dodd Road, Councilor Mazzitello commented that he believes this is too far along in the process to change this to a public street, as the variance and preliminary plat have already been approved. He stated that he does not believe it should have gotten to this point, as there are continued problems with shared driveways. He stated that this is the last shared driveway and flag lot that he will approve. Councilor Miller commented that he did not agree to approve the variance or the preliminary plat and therefore would continue to not support this item. Councilor Paper commented that he also opposed the application last summer, but the approval was granted. He stated that even though he opposed the preliminary plat, this application fits within the rules of the City and therefore he will support the matter. Mayor Levine commented that when a previous body makes a decision, even if you do not agree with it, you are required to support that decision. She stated that the Council is a group and it is the job of the Council to support a previous decision, even if they do not agree with it. Councilor Mazzitello moved to approve RESOLUTION 2021-50 APPROVING THE FINAL PLAT OF AUDREY ADDITION LOCATED AT 1770 DODD ROAD WITH THE GRAMMATICAL CHANGES AS PROPOSED. Councilor Duggan seconded the motion. Ayes: 4 Nays: 1 (Miller) June 15, 2021 Mendota Heights Ciry Council Page 6 of9 PUBLIC HEARING (CONTINUED) A) RESOLUTION 2021-44 VACATING DRAINAGE AND UTILITY EASEMENT — PINE CREEK ESTATES Councilor Mazzitello moved to remove item 8a. from the table. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek explained that the Council was being as to hold a public hearing for Resolution 2021-44, vacating a drainage and utility easement commenced by petition. Councilor Miller moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Councilor Duggan asked if the language for this resolution should be adjusted because of the action taken on the final plat. Mr. Duggan suggested changes, but it was determined the changes were not necessary. Councilor Mazzitello moved to adopt RESOLUTION 202144 APPROVING AN EASEMENT VACATION WITHIN PINE CREEK ESTATES. Councilor Paper seconded the motion. Ayes: 4 Nays: 1 (Miller) NEW AND UNFINISHED BUSINESS (CONTINUED) B) RESOLUTION 2021-53 CALLING FOR PUBLIC HEARING TO APPROVE VACATION OF RIGHT-OF-WAY Public Works Director Ryan Ruzek presented Resolution 2021-53, calling for a public hearing to approve the vacation ofright-of--way request by petition. Councilor Miller commented that the property owners of 606 Sibley Memorial Highway and 591 Hiawatha Avenue have petitioned for this. He asked if the other abutting property owners were aware of the petition. Mr. Ruzek commented that he did not believe those properties were aware at this time but they would be notified prior to the public hearing. Councilor Mazzitello commented that the properties to the west received their 30 feet of right -of --way when that subdivision was platted and therefore what remains is the 30 feet for the eastern plat. Mr. Ruzek commented that the additional 30 feet never existed for those properties to the west as it was never platted. June I5, 2021 Mendota Heights City Cotaacil Page 7 of 9 Councilor Mazzitello commented that the statement was made that the additional 30 feet would make the property subdividable. He noted the property appears to be within the critical area and about the topography of the area. Mr. Ruzek explained that the property does not lie within the critical area zone. Mayor Levine stated she visited the site and could see why the property owners have requested the vacation. Councilor Duggan commented that it seems to be a reasonable request. He as if the City has a need for the property. Mr. Ruzek commented that the only need may be for a trail connection. He stated that if the easement is vacated and later an easement is needed, the City would need to purchase it. Councilor Paper commented that this is overdue and a regular action of the City when the property is not needed for public use. Councilor Paper moved to adopt RESOLUTION 2021-53 CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2021-54 SUPPORT FOR THE SUBMITTAL OF A REQUEST FOR STATE BONDING FOR CAPITAL IMPROVEMENTS AT OHEYAWAHE/HISTORIC PILOT KNOB City Administrator Mark McNeill presented Resolution 2021-54, supporting the submittal of a request for state bonding for capital improvements at Oheyawahe/Historic Pilot Knob, Mayor Levine commended staff for doing a great job to move quickly on this item as it is a worthy project. She expressed appreciation of the work the Task Force members are doing. Councilor Duggan moved to adopt RESOLUTION 2021-34 SUPPORT FOR THE SUBMITTAL OF A REQUEST FOR STATE BONDING FOR CAPITAL IMPROVEMENTS AT OHEYAWAHE/HISTORIC PILOT KNOB, Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced the upcoming Kids Dance on June 23rd at 6 p.m. He stated that the ribbon cutting for the new playground at Marie Park will be at 5 p.m. on July 1st. He stated that the 4th of July fireworks will be held on July 4tt COUNCIL COMMENTS Councilor Duggan wished everyone a happy Father's Day, June 15, 2021 Mendota Heights City Council Page 8 of 9 Councilor Paper commented that the planning sessions with the Park and Rec Commission were great and commended the volunteer members of the Parks and Recreation Commission that contributed. He commented that the Cable Commission is looking for new members and encouraged residents to apply. He thanked Andrew Gotham and all of the Eagle Scouts in the community. He also congratulated Mayor Garlock for another successful 5k event. Councilor Miller commented that he has an ailing parent that caused him to miss the last Council meeting and the planning workshops. He thanked everyone for the kind sentiments they have expressed. He encouraged residents to be mindful of the children that are out and about during the summer months. Councilor Mazzitello commented that the previous day was Flag Day, which commemorates the day the government adopted the national flag that has grown throughout time. He encouraged everyone to reflect on what Flag Day means to them. Mayor Levine acknowledged the work the Pilot Knob Task Force has been doing along with the Master Gardeners, Assistant City Administrator Cheryl Jacobson noted the Eagle Scout project for Andrew Gotham will be held at 1288 Dodd Road on Wednesday, June 16111 at 5:30 p.m. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:18 p.m. Step anie evine Mayor ATTEST Lorrl Smith City Clerk June 15, 2021 Mendota Fleights Ciry Council Page 9 of 9