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2021-09-09 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, September 9, 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 were also present. Councilor Miller arrived at 6:30 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Duggan stated that he would like to have additional City Council discussion regarding the city owned property located at Marie and Delaware Avenue, before the approval of 5m. Claims list. Mayor Levine noted that item 5m. is part of the Consent Agenda items,therefore it could be pulled at that time for additional discussion. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented, pulling items f, g, and m. a. Approval of August 16, 2021 City Council Work Session Minutes b. Approval of August 17, 2021 Council Work Session Minutes c. Approval of August 17, 2021 City Council Minutes d. Approve August 25, 2021 Council Special Meeting Minutes and Work Session Minutes e. Acknowledge August 9, 2021 Planning Commission Special Meeting Minutes f. Approve Resolution 2021-72 Cancellation of License Agreement with Joe and Danalee Buhler, 760 Upper Colonial Drive g. Acknowledge July 2021 Par 3 Financial Report h. Approve Resolution 2021-69 Receipt of Donations for Park Celebration i. Authorize Purchase of Turnout Gear for Fire Department j. Accept Wetland Delineation Report and Determination for Parcels Located within the Potential Sullivan Acres Development at 1707 Delaware Avenue k. Approve July Fire Synopsis Report 1. Approve July Treasure's Report m. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS F)APPROVE RESOLUTION 2021-72 CANCELLATION OF LICENSE AGREEMENT WITH JOE AND DANALEE BUHLER, 760 UPPER COLONIAL DRIVE Community Development Director Tim Benetti provided background information on the license agreement the city has with property owners Joe and Danalee Buhler of 760 Upper Colonial Drive. He noted that the Buhlers had a fence and garden area encroaching into the park land area. The license agreement allowed the fence and garden area to remain until the fence was moved or the property was sold. He stated that the fence has now been moved onto their legal property boundary of the rear yard and therefore the license agreement should be canceled. Councilor Paper asked if the gardens are still in place. Mr. Benetti replied that some of the plants were removed, and some remain. Councilor Mazzitello moved to approve RESOLUTION 2021-72 CANCELLATION OF LICENSE AGREEMENT WITH JOE AND DANALEE BUHLER, 760 UPPER COLONIAL DRIVE. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 G) ACKNOWLEDGE JULY 2021 PAR 3 FINANCIAL REPORT Mayor Levine stated that she was impressed that the revenue of the Par 3 exceeds what had been budgeted for and the expenses have come in under budget. She recognized the hard work of staff. Councilor Duggan moved to acknowledge JULY 2021 PAR 3 FINANCIAL REPORT, Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 September 9, 2021 Mendota Heights City Council Page 2 of 8 M) APPROVE CLAIMS LIST Councilor Duggan stated that he wonders what the City was getting in return for the payment to the School District for maintaining the city owned property at Marie and Delaware Avenue. His understanding was that the City was supposed to receive use of the tennis courts and fields. He stated that if the City is paying approximately$20,000 per year for the maintenance of this property,there should be some type of return. City Administrator Mark McNeill stated that this is a concern in terms of availability. He noted that staff has been in contact with the School District, and they are willing to dissolve the Joint Powers Agreement. He stated that the title of the property has been reviewed by our City Attorney and it has been determined that the sale of the property is possible. He noted that he could bring this back to the next meeting for formal consideration. Councilor Duggan agreed that he would like to move that item forward and dissolve the agreement. City Administrator Mark McNeill suggested that the payment to the School District for the maintenance of this property be omitted from the claims list and noted that it can become part of the negotiations with the School District. Councilor Paper asked if it would be appropriate to discuss this item in a work session setting. He commented that this is a big decision, and wants to ensure that proper discussion occurs. Councilor Mazzitello suggested that the School District representatives attend the meeting. Mayor Levine asked if this is a Council level discussion or whether that discussion should occur with City staff. Councilor Paper stated that he would like the Council to be involved to ensure that everyone understands the issue. City Administrator Mark McNeill confirmed that he can attempt to schedule a joint meeting with the City Council and representatives from the School District. Councilor Duggan moved to approve the CLAIMS LIST,omitting the payment of$21,327.86 to ISD 197. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. September 9,2021 Ad-endota Heights City Council Page 3 of8 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-71 APPROVE VARIANCE FOR 684 3RD AVENUE (PLANNING CASE NO. 20215-15/ZACHARY ROBINSON) Community Development Director Tim Benetti explained that the Council was being asked to adopt a resolution approving a variance to allow the expansion of an existing legal, nonconforming residence in the R-1 Zone. The applicant and property owner is Zach Robinson. Comments from the public included Zach Robinson,the applicant. He stated that he appreciates working with City staff and the support of his neighbors on his request. Councilor Duggan thanked Mr. Robinson for his work to find something that improves the property and the neighborhood. Councilor Mazzitello commented that this is exactly the issue that arose in development of the Comprehensive Plan. He noted that there are hundreds of properties in the community that do not meet the current standards and therefore an accommodation should be allowed for those properties that want to improve without going through the variance process. Mr. Robinson stated that he would agree as he did not have any idea that changes to his home would require a variance because it is legal nonconforming. He stated that he would be happy to provide his information in an anonymous form for others to use as a guide. Mayor Levine commented that the Planning Commission did an excellent job vetting this request. She noted that this was a very thorough and complete application. Councilor Paper commented that this is a nice project that will freshen up the property and will fit well within the neighborhood. Councilor Duggan moved to approve RESOLUTION 2021-71 APPROVING A VARIANCE FOR 684 3RD AVENUE. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) ADOPTING PRELIMINARY BUDGET AND LEVY 1. RESOLUTION 2021-73 APPROVE PROPOSED 2021 TAX LEVY COLLECTIBLE 2022 2. RESOLUTION 2021-74 ADOPT PRELIMINARY 2022 BUDGET 3. RESOLUTION 2021-75 APPROVE FINAL 2021 TAX LEVY FOR SPECIAL TAXING DISTRICT 1 COLLECTIBLE 2022 Finance Director Kristen Schabacker provided a brief background on this item. The Council was being asked to adopt a preliminary budget and proposed levy for Fiscal Year (FY) 2022. She noted that the Council is proposing a 2022 levy of$11,269,170 which is a 7.5% increase from fiscal year 2021. September 9, 2021 Mendota Heights City Council Page 4 of 8 The 2022 budget for all funds is proposed to be $18,201,647. The proposed city tax rate is set at 39.395. For an average priced home value of$439,000,the city taxes to be paid would be$1,768,which is a 7.79% increase from 2021. Ms. Schabacker reviewed the new costs for the budget which would include a new FT Park and Recreation Manager position, an additional contribution to the Firefighter pension, a cost of living adjustment for employees, additional funding for employee health insurance, and an increase in the workers compensation premium costs. Ms. Schabacker reviewed the list of capital items proposed for 2022, to be purchased from the General Fund, from proceeds from the sale of The Village vacant lots, and from the Special Parks fund, the Cable Fund, and the Par 3 Fund. Equipment certificates will also be used to purchase a Ladder truck for the Fire Department. Councilor Miller arrived at the meeting. Mayor Levine thanked staff for the clear and concise presentation. Councilor Duggan referenced the fire radios and thermal imaging cameras. He asked if the Fire Department could share that equipment with the Police Department. Councilor Miller explained the ways the Fire Department would use the thermal imaging cameras during fires. He stated the Police Department would be welcomed to use the cameras if they have a need. City Administrator Mark McNeill noted that,in the past,a consultant recommended a heat sensing camera that could be used for search and rescue scenarios and noted that thermal imaging cameras would not work for that use. He noted that the fire radios will be installed in vehicles and could not be shared. Councilor Duggan referenced the Wentworth warming house, which is mentioned in two places. Ms. Schabacker explained that two sources of funding are being used for that project. She stated that the City did receive grant funds towards that project as well. Councilor Paper asked for the status of the dugouts for Mendakota Park. Public Works Director Ryan Ruzek stated that staff is still soliciting quotes for the dugouts. He noted that new concrete platforms will be completed this fall and bids should be completed in order for the dugouts to be installed in the spring. Councilor Duggan commented that the Fire Department ladder truck is very expensive,but it will replace two trucks. He provided details on the proposed increase to the Fire Relief Pension Fund, noting that the City is lucky to have volunteer firefighters. Councilor Mazzitello asked if the Mendakota Park dugouts would be a 2021 expenditure. Mr. Ruzek replied that would be funded from the Special Parks Fund and therefore does not impact the levy. Councilor Mazzitello stated that there were a number of purchases included for the Par 3 and noted that part of the reason those purchases are possible is because of the success the course has had the last two years. September 9, 2021 Mendota Heights City Council Page 5 of 8 Councilor Mazzitello stated that the depreciation of equipment allows for long-term planning. He commented that equipment certificates are being used for the ladder truck because of the current low interest rates. He noted that this budget represents good governance and good use of taxpayer dollars. City Administrator Mark McNeill advised that staff will bring back equipment certificates for the Council to approve prior to October I't Mayor Levine referenced the 2022-2026 Capital Improvement Plan, which helps the City to plan for the future needs of the city. Mayor Levine provided additional details on the brine plow and noted that it is great to see the City replacing equipment that is better for the environment. Councilor Mazzitello moved to adopt RESOLUTION 2021-73 APPROVING PROPOSED 2021 TAX LEVY COLLECTIBLE IN 2022. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Councilor Miller moved to adopt RESOLUTION 2021-74 ADOPTING 2022 PRELIMINARY BUDGET. Councilor Mazzitello seconded the motion. Ayes, 5 Nays: 0 Councilor Mazzitello moved to adopt RESOLUTION 2021-75 APPROVING FINAL 2021 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2022. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 C)ACCEPT VALLEY PARK FOREST ENHANCEMENT PROJECT Natural Resources Technician Krista Spreiter provided background information on a proposal from RES, Inc. for the completion of the proposed Valley Park Forest Enhancement project. The project includes restoration and enhancement of approximately I I to 15 acres of Valley Park to improve degraded upland vegetation communities, enhance sensitive and degraded areas, reduce sloping and gully erosion, and connect ongoing restoration projects and efforts already in progress within Valley Park. Councilor Paper referenced the hand burning, which will take place in the winter, and asked if that would happen this winter. Ms. Spreiter provided additional details and confirmed that the work would occur this winter. Councilor Duggan asked if any of this area is within the Critical Area. Ms. Spreiter confirmed that this is within the Critical Area corridor and the plans follow the necessary regulations. September 9,2021 Mendota Heights City Council Page 6 of 8 Mayor Levine asked if there are any results from the water quality study for the creek. Ms. Spreiter confirmed that the study is still being completed. Mayor Levine commented that she has noticed where some work has been completed by Great River Greening and she noted that some buckthorn has begun to grow back in that area. She asked if there is a plan for long-term maintenance. Ms. Spreiter provided additional details on the process. She noted that a portion of buckthorn can be removed but it is hard to keep it at bay when there continues to be buckthorn in an adjacent area. She explained that completing a large project like this will help to prevent buckthorn from returning. She stated that as projects become established,maintenance will be less of a need although some maintenance will continue to be needed. Mayor Levine commented that Xcel Energy is already doing work in this area and asked what percentage of Valley Park is already being enhanced by Xcel. Ms. Spreiter commented that nine to ten acres are being restored by Xcel. Mayor Levine commented that it would make sense to complete this project at the same time as it doubles the impact. She thanked Xcel for their work at Valley Park. Councilor Duggan moved to approve AUTHORIZATION TO THE PUBLIC WORKS DIRECTOR TO ISSUE A"NOT-TO-EXCEED" PURCHASE ORDER IN THE AMOUNT OF $50,000 TO RES, INC. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that aeration will be taking place at the Par 3. He advised of the upcoming Bogie with the Blue Par 3 event which provides residents the opportunity to golf with Police and Fire personnel. On September 18, there will be an event called Light Up the Night glow dance and party. COUNCIL COMMENTS Councilor Miller commented that kids have returned to school and everyone should be more aware when out and about. He stated that he witnessed vehicles traveling at high speeds on Mendota Heights Road past the middle school. He encouraged vehicles to be mindful of the student pedestrians in that area. Councilor Paper thanked City Administrator Mark McNeill for completing his last budget cycle with the City and thanked the other members of staff who worked diligently on the budget. He noted the private donors who assisted with the Park Celebration. He noted the upcoming football game between St. Thomas Academy and Cretin Derham Hall taking place on September 17th at TCO Stadium. Councilor Duggan commented that there are colorful reminders about water usage on Dodd Road. He stated that he notices drivers on their cell phones, which they should not be. He congratulated The Copped eld,the newest restaurant in the community. He sent best wishes to all the schools that have now reopened. He congratulated City Administrator Mark McNeill as he has one last Council meeting September 9,2021 Mendota Heights City Council Page 7 of 8 remaining before retiring. He stated that he recently attended a meeting and Dakota County would like to establish a home that could be used to provide a safe space for youth. He suggested the City be more active in the process. Councilor Mazzitello commented that on Saturday our country will commemorate the 201h anniversary of the most horrible day he has lived through. He stated that in the 20 years since the terrorist attacks on the Twin Towers in New York City, over 1,000,000 Americans have been deployed to protect this country. He stated that on September 17th at Twin City Orthopedic Stadium there will be a game between two of the greatest local rivals--St. Thomas Academy, and Cretin-Durham Hall High Schools. He stated that this will be a very entertaining football game that will renew the friendly rivalry. Mayor Levine thanked the Council for the comments. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:15 p.m. S repliang Levine Mayor ATTE Lorri Smith City Clerk September 9,2021 Mendota Heights City Council Page 8 of 8