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2021-07-06 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 6, 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, and Miller were also present. Councilor Paper was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. City Administrator Mark McNeill noted that as part of items 8b and 8c, the Council would also be asked to adopt the summary publications for these ordinances, should those be adopted. Councilor Mazzitello moved adoption of the agenda as amended. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 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 items F, G, I, and M. a. Approval of June 15, 2021 City Council Minutes b. Approval of June 15, 2021 Council Work Session Minutes c. Acknowledge the May 25, 2021 Planning Commission Meeting Minutes d. Approve Resolution 2021-56 Accepting Donations for Park and Recreation Related Items e. Accept Police Officer Resignation and Authorize Police Officer Recruitment Process f. Approve New On -Sale and Sunday Liquor License for Copperfield MH LLC dba The Copperfield, 735 Maple Street g. Approve Resolution 2021-57 Regarding Receipt of American Rescue Plan Act Funding h. Authorize the Addition of Pickleball Courts at Friendly Hills Park Hockey Rink i. Approve Resolution 2021-60 Ending Pandemic Peacetime Emergency Declaration j. Acknowledge Quarterly Update for 2021-22 City Council Strategic Priorities k. Approve the May 2021 Fire Synopsis 1. Approval of May 2021 Treasurer's Report In, Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVE NEW ON -SALE AND SUNDAY LIQUOR LICENSE FOR COPPERFIELD MH LLC DBA THE COPPERFIELD, 735 MAPLE STREET Councilor Duggan asked if this licensing period would be for 11 months, running August 2021 through June 2022, City Administrator Mark McNeill confirmed that the licensing year runs through June 30th each year. He noted that the restaurant will not open until August, so there was no need to include July. Mary Jule Erickson, representing a new restaurant named The Copperfield, stated that they are excited to be part of the community and are hoping to open in August. She reviewed the hours and stated that they hope it will be a neighborhood place where everyone feels comfortable. She highlighted some of the menu options and noted that they will also provide grab and go options. Councilor Duggan commented that it looks like it will be a great building and noted that it looks terrific. He wished the business good fortune. Councilor Duggan moved to approve the ON -SALE AND SUNDAY LIQUOR LICENSE FOR COPPERFIELD MH LLC DBA THE COPPERFIELD, 735 MAPLE STREET. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 G) APPROVE RESOLUTION 2021-57 REGARDING RECEIPT OF AMERICAN RESCUE PLAN ACT FUNDING Councilor Duggan asked howthe government arrived at the amount of the allocation and the determination that it would be paid out in 2021 and 2022. Finance Director Kristen Schabacker stated that the allocation was determined at a per capita amount of $105 using census data. July 6, 2021 Mendota Heights City Council Page 2 oj10 Councilor Duggan referenced the last whereas statement in the proposed resolution and stated that he would prefer "because" to be replaced with "since". City Administrator Mark McNeill stated that the resolution was provided by the State and therefore he would be hesitant to change the language. Councilor Duggan noted that in item one he would prefer to replace "collect" with "receive". He stated in item two he would prefer to include the words `the Council' along with staff. City Administrator Mark McNeill noted that the Council will always be involved in expenditures, but that item calls for two individuals for contact purposes. Councilor Duggan noted in item three if reimbursed should be replaced with reimbursable. Mayor Levine asked if Councilor Duggan would like to formally amend the resolution or if he simply brought those forward for discussion. Councilor Duggan commented that he was bringing those forward for suggestion purposes. Councilor Duggan moved to adopt RESOLUTION 2021-57 REGARDING RECEIPT OF AMERICAN RESCUE PLAN ACT FUNDING, AMENDING THE LAST WHEREAS STATEMENT TO REPLACE "BECAUSE" WITH "SINCE" AND IN ITEM ONE "COLLECT" SHOULD BE REPLACED WITH "RECEIVE". The motion died for lack of second. Councilor Mazzitello moved to adopt RESOLUTION 2021-57 REGARDING RECEIPT OF AMERICAN RESCUE PLAN ACT FUNDING as presented. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 I) APPROVE RESOLUTION 2021-60 ENDING PANDEMIC PEACETIME EMERGENCY DECLARATION Councilor Duggan referenced the third whereas noting that it was spelled incorrectly, suggested that "provided" be replaced with "provide" and noted that he would like to remove the word indefinitely. Assistant City Administrator Cheryl Jacobson noted that the word indefinitely was taken from the original resolution adopted by the Council on March 17, 2020. Councilor Duggan commented that he believes that word indefinitely should be removed. City Administrator Mark McNeill stated that this would rescind the action that was previously taken, and that word was included in the original resolution. July 6, 2021 Mendota Heights Ciry Council Page 3 of IO It was the consensus of the Council that the spelling correction to WHEREAS could be made. Councilor Mazzitello noted that this refers to a past action and therefore "provided" would be correct. Councilor Mazzitello moved to adopt RESOLUTION 2021-60 ENDING PANDEMIC PEACETIME EMERGENCY DECLARATION, with the spelling correction to the third WHEREAS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 M) APPROVAL OF CLAIMS LIST Councilor Duggan referenced the significant claims list and asked if the Marie playground project was on budget, over budget or under budget. Public Works Director Ryan Ruzek commented that the total contract was for approximately $137,000 with the final shade structures. He was unsure if the total amount in claims had come in for that project. He stated that $7,500 was added for a pedestrian concrete pad. Councilor Duggan stated that he has received some questions from residents as to why the equipment was being replaced as it did not appear to be in poor condition. Mayor Levine stated that the equipment was past its lifespan. Recreation Coordinator Meredith Lawrence stated that the project is on budget. She stated that playgrounds are on a replacement schedule to ensure safety and to meet the playground standards. Councilor Duggan moved to approve the CLAIMS LIST. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. I�i]3iJ�1�77731�Ci� No items scheduled. July 6, 2021 �1lendota Heights City Council Page 4 of IO NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-55 APPROVING THE PRELIMINARY AND FINAL PLAT OF SWEENEY 2No ADDITION — 777 WENTWORTH AVENUE Community Development Director Tim Benetti reviewed a resolution approving the preliminary and final plat of a new subdivision titled "Sweeney 2nd Addition". The applicant (developer) is Mike Fritz with M & M Homes along with LDK Builders. The subject property is generally located at the NE corner of Wentworth and Wachtler Avenue (Dakota Co. Road 8) and addressed as 777 Wentworth Avenue, Councilor Mazzitello referenced the proximity of lot four to the creek that runs through the property and asked if the developer is aware that a wetland permit would be required for construction on that lot. Mr. Benetti confirmed that is a condition of the resolution and the developer is aware. Councilor Mazzitello asked, and received confirmation, that it was the opinion of Dakota County that only two access points along the County right-of-way be provided rather than one access per lot. He asked if the driveways must separate prior to leaving the right-of-way. Mr. Benetti replied that the City has asked that the separation of the driveways be designed so they separate at the right-of-way line. Councilor Mazzitello stated that he did not notice that stipulation in the resolution, and asked that it be added as a condition. He commented that separation would need to occur within the 15 feet between Wentworth and the property lines to ensure there is not a shared driveway on private land. Councilor Duggan asked for details on park dedication fees. Mr. Benetti noted that Mr. Sweeney paid $8,000 which covers two park dedication fees and therefore only the 2 new lots being platted would require park dedication fees. Councilor Duggan referenced condition 11 related to invasive species removal required in disturbed areas and asked if that is a new condition as he does not recall seeing that in past resolutions. Mr. Benetti commented that condition was at the suggestion of a Planning Commission member. He stated that typically it is okay to leave invasive species in place for slope stability. He noted that the applicant has agreed to work with City staff on that issue. He confirmed that the condition was acceptable to the developer but is not standard practice for the City. Councilor Duggan asked for details on the need for a wetlands permit. Mr. Benetti commented that more details on the wetland permit would be known once the building plans are finalized. Councilor Mazzitello stated that the removal of invasive species is a goal in the Comprehensive Plan and therefore may be a more common condition in the future. Mayor Levine asked where the creek flows to from this property. Judy 6, 2021 Mendota Heights CUy Council Page S of 10 Mr. Benetti commented that the creek flows from east to west, under the County road system. Public Works Director Ryan Ruzek provided additional details on the path the creek takes. Mayor Levine asked for details on storm water management. Mr. Ruzek stated that there will be two basins that will treat the majority of the water from this site Mayor Levine commented that a community member had a concern with the traffic impact. Mr. Ruzek stated that staff would not expect this development to have a major impact on the roads. He stated that this layout would allow for vehicles to pull out forward onto the County. Mayor Levine commented that most people back out of driveways, but this is a busy intersection. She asked if the Council would have any interest in adding a requirement that the homes have a turnaround to allow vehicles to face outward when leaving. Mr. Ruzek stated that he would prefer not to include that as a requirement on as it would add additional hard surface. He noted that homeowners may desire that feature and choose to come in for a driveway permit. Councilor Duggan referenced the westerly lot with the curved end and asked if there was an averaging to the setback or width of the lot. Mr. Ruzek commented that he looked at the north property line and property line on the other side of the creek, which was close to 130 feet. He noted that there is a 25-foot easement along the creek. Councilor Mazzitello moved to adopt RESOLUTION 2021-55 APPROVING THE PRELIMINARY AND FINAL PLAT OF SWEENEY 2ND ADDITION LOCATED AT 777 WENTWORTH AVENUE WITH THE ADDITION OF A CONDITION STATING THAT THE SHARED ACCESS POINTS ALONG COUNTY RIGHT-OF-WAY MUST BE SPLIT BEFORE THE ACCESS ENTERS INDIVIDUAL PRIVATE LOTS, Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 B) ORDINANCE NO. 566 AMEND CITY CODE TITLE 5 REGARDING POLICE REGULATIONS AND TITLE 12 REGARDING THE TEMPORARY KEEPING OF GOATS FOR PRESCRIBED GRAZING Community Development Director Tim Benetti stated the Council was being asked to consider an ordinance amendment, which would allow for the temporary keeping of goats on properties for prescribed grazing purposes. Prescribed grazing refers to the natural elimination of certain invasive or noxious vegetation by goats, with grazing allowed by special permit only. July 6, 2021 Mendota Heights CtgCouncil Page 6 oj10 Councilor Mazzitello commented that this is a thorough ordinance and commended staff and the Planning Commission. He stated that there are a number of items that seem instructional and asked if a pamphlet containing that information would be provided for the residents. Mr. Benetti stated that the Planning Commission agreed that some of the language was more appropriate for a pamphlet and stated that staff will be creating a pamphlet for residents. Councilor Mazzitello referenced paragraph I. Violation of the ordinance and asked who would be held accountable, the property owner or the contractor, or both. Mr. Benetti replied that ultimately the property owner would be the responsible party, but the goat provider would also need to provide their contact information for the permit and could be held liable for violations. Councilor Mazzitello asked if the contractor could be asked to pull the permit for the homeowner. Community Development Director Tim Benetti confirmed that could be done. Councilor Duggan referenced the subject of fencing and that the temporary fencing cannot exceed six feet in height. He asked if a homeowner were to go through this process and believed it complete but had invasive species return in six months, would they need to go through the permitting process again. It was confirmed that they would require another permit. He asked if the fence could remain up after the grazing. Mr. Benetti commented that if the fence meets regulations and the homeowner desires to leave it up, that could be done with a fence permit. He noted that typically providers bring their own temporary fencing. Mayor Levine thanked the Planning Commission for this ordinance. She commented that this is a phenomenal way to control buckthorn in the community. Councilor Duggan noted on page 122, Item C, and Item 9, regarding homeowners associations, and asked if that language would supersede the City Code, Mr. Benetti commented that if an HOA prohibits this activity, those properties would not be able to participate unless they received approval from the FICA. Councilor Duggan moved to adopt ORDINANCE NO. 566 AMENDING TITLE 5—POLICE REGULATIONS AND TITLE 12—ZONING REGARDING TEMPORARY KEEPING OF GOATS FOR PRESCRIBED GRAZING, Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello moved to authorize the SUMMARY PUBLICATION FOR ORDINANCE NO. 566. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 July 6, 2021 Me�adota Heights City Council Page 7 of 10 C) ORDINANCE NO. 569 AMEND CITY CODE TITLE 3 REGARDING PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS City Administrator Mark McNeill provided background information and explained that the Council is asked to amend the City Code regarding peddlers, solicitors, and transient merchants. Councilor Mazzitello stated that the example of a transient merchant could be someone selling goods out of a van and asked if there would be zoning restrictions for where a transient merchant could be located. Community Development Director Tim Benetti commented that transient merchants would be limited to a business zoned site, if permitted by the City. Councilor Duggan referenced the certain sales prohibited section and asked if the word "otherwise" is necessary. City Administrator Mark McNeill commented that these items may be legal if not door to door. He suggested keeping the language. He noted that nonprofit organizations are exempt from registering. Mayor Levine referenced ice cream trucks and asked if those would be allowed. City Administrator Mark McNeill noted the section that governs that type of activity and advised that would remain unchanged. He commented that ice cream trucks do not appear to be prohibited. Councilor Mazzitello moved to adopt ORDINANCE NO. 569 AMENDING CITY CODE TO ALLOW FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS, Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Duggan moved to authorize the SUMMARY PUBLICATION OF ORDINANCE NO. 569. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 D) SET CITY COUNCIL WORK SESSION MEETING DATES FOR FY22 BUDGET REVIEW City Administrator Mark McNeill stated that the City Council is asked to establish three work session dates in August to discuss the FY 2022 budget. It was the consensus of the Council to hold work sessions on August 16t", August 17`h, and if necessary, August 18t�. July 6, 2021 Mendota Heights City Comecll Page 8 of 10 E) APPOINTMENT OF CHERYL JACOBSON TO CITY ADMINISTRATOR EFFECTIVE OCTOBER 1, 2021, AND AUTHORIZE EXECUTION OF EMPLOYMENT AGREEMENT Mayor Levine stated that the Council is asked to approve the appointment of Cheryl Jacobson to City Administrator, following the September 30"' retirement of current City Administrator Mark McNeill. Councilor Miller commented that he is excited and believes this will be a good transition. He commented that Assistant City Administrator Cheryl Jacobson has worked under City Administrator Mark McNeill and is starting with a wealth of knowledge about the community. Councilor Mazzitello commented that it is a rare opportunity for an organization to be able to grow talent from within and commented that this will create a seamless transition. Councilor Duggan agreed that this option makes the most sense, considering the cost for a recruitment process. He noted that the philosophy of the City has always been to first look within. Councilor Duggan moved to appoint CHERYL JACOBSON TO BECOME CITY ADMINISTRATOR FOR MENDOTA HEIGHTS, EFFECTIVE OCTOBER I, 2021 AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN THE EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced the Summer Concert Series events. COUNCIL COMMENTS Councilor Duggan thanked everyone involved in the fireworks display, noting that they were outstanding. He complimented the staff who maintain the parks and trails. He referenced a park in West St. Paul that includes a water feature and noted that perhaps Mendota Heights could consider a similar recreational opportunity in the future. He referenced an article related to a natural resources teacher. He stated that this is the 65"' year of the incorporation of the City of Mendota Heights. He looks forward to having dancing opportunities in Mendota Heights, Councilor Miller thanked the residents for coming out to the fireworks display on July 4`". He extended a thank you to the Police Department for the traffic control they provided at the event. Councilor Mazzitello reflected on the 4" of July weekend and read some excerpts from the Declaration of Independence. He stated that July 4"' celebrates the separation from England but also the dedication of those that gave their lives to provide this country with our freedom. July 6, 2021 Alendota Heaghts City Council Page 9 of 10 Mayor Levine stated that she gravitated towards the preamble to the Constitution and the words more perfect'. She believed that everyone has a role to play to make the community better than it was before, always with room to improve. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:29 p.m. /n— Steph 'e L vine Mayor ATTEST: Lorri Smith City Clerk Juh+ 6, 2021 Mendota Hezg/ats City Council Page 10 of 10