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2021-09-23 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Thursday, September 23, 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 6:42 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption, stating that she would like to move Consent Calendar item m. to New and Unfinished Business. Councilor Mazzitello moved adoption of 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 Duggan moved approval of the consent calendar as presented, pulling item e. for a separate discussion. a. Approval of September 9, 2021 City Council Minutes b. Acknowledge May 19, 2021 Airport Relations Commission Meeting Minutes c. Acknowledge June 3, 2021 Airport Relations Commission Work Session Meeting Minutes d. Acknowledge July 13, 2021 Airport Relations Commission Work Session Meeting Minutes e. Aeknew4edge AAy 13, 2021 Air-poi4 Relatiefts Commission jeirA Nlee4ing Minutes with the G of Eagan ARC £ Approve Resolution 2021-76 Accepting a Tree Donation for Victoria Road g. Approve Purchase of Replacement Plow Truck h. Approve Resolution 2021-78 Order Feasibility Report—Centre Pointe Street Improvement Project i. Approve Purchase of a Replacement Fire Truck j. Approve Resolution 2021-80 Provide for Sale of$2,630,000 in General Obligation Bonds, Series 2021A k. Approve the August 2021 Building Activity Report 1. Approve Claims List m.m. tiei of City n dY mist... eiz Mark MeNeill item moved to end of meeting Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS E) ACKNOWLEDGE JULY 13, 2021 AIRPORT RELATIONS COMMISSION JOINT MEETING MINUTES WITH THE CITY OF EAGAN ARC Mayor Levine stated that four items on the Consent Agenda included minutes from the Airport Relations Commission's meetings. She commented that they have been doing strategic planning and have done a lot of work on behalf of the community. Councilor Duggan moved to acknowledge JULY 13, 2021 AIRPORT RELATIONS COMMISSION JOINT MEETING WITH THE CITY OF EAGAN ARC. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Michelle O'Connor, 2263 Fieldstone Drive, spoke on behalf of Dan and Denise Quinlan, and Judy and Bob Klepperich, regarding concerns about the proposed homeless shelter for youth being considered for 2031 Victoria Road. She read a written statement from. Denise Quinlan who is a neighbor to the current Living Well disability home at this location. She noted that the potential new owner stated that most of the youth would be court appointed and would stay an average of 14 days. She noted the high number of police calls to the facility in the city of Hastings. The home is zoned for 12 occupants, with a lack of recreational space, and the location is a half mile from an elementary school. She asked that the City Council review the proposal and share information with the residents that would be impacted. She summarized the concerns of Bob and Judy Klepperich, noting the high cost to update the property, the impact on adjacent property values, and the proposed correctional use for minors. Councilor Duggan stated that he attended one of those meetings and there is a long way to go in the process before any determinations are made. He thanked Ms. O'Connor for sharing those concerns. PUBLIC HEARINGS No items scheduled. September 23, 2021 Mendota Heights City Council Page 2 of 7 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-77 CALLING FOR A PUBLIC HEARING ON A RIGHT-OF-WAY VACATION Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2021-77 calling for a public hearing on a right-of-way vacation request by petition. Councilor Mazzitello stated that he understands there are no public utilities in this location, and asked if staff is aware of any private utilities. Mr. Ruzek replied that he is not aware of any private utilities but noted that a drainage and utility casement would remain in this location. Mayor Levine asked if the additional property would allow the parcel to have additional accessory structures or other related actions. Mr. Ruzek confirmed the additional land would not cause a change. Councilor Paper asked what the original intent was for this right-of-way. Mr. Ruzek replied that when the Friendly Hills area was installed,the south portion of Mendota Heights had its own water tower and water service which was removed in 1978 when the City constructed its own water tower and service. He noted that this vacation would align with the other right-of-way in the area. He confirmed that the City would still own 60 feet of right-of-way. Councilor Duggan moved to approve RESOLUTION 2021-77 CALLING FOR A PUBLIC HEARING ON AN EASEMENT VACATION COMMENCED BY PETITION—MOHICAN COURT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2021-79 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIR PROJECT Public Works Director Ryan Ruzek introduced Resolution 2021-79, accepting bids and awarding a contract for the Ridge Place Sanitary Sewer and Streambank Repair Project. Councilor Mazzitello stated it is his understanding that the stream has left the existing easement and asked if a new easement would be established once the repair work has been completed. He asked how the area would be accessed during construction. Mr. Ruzek confirmed that the property owner has stated that he would be willing to provide a new easement. He stated that the City does have an undeveloped right-of- way along Ridge Place. He noted that some contractors expressed concern with the sloped access during the pre-bid meeting. He stated that the homeowners were mailed a right of entry form and three of the four had been signed and returned to the City. Councilor Paper asked if the equipment would be using the pedway for access. Mr. Ruzek confirmed that the pedway would not be used. September 23,2021 Mendota Heights City Council Page 3 of 7 Councilor Paper asked if frozen ground conditions would make the slope difficult. Mr. Ruzek stated that contractors prefer frozen ground for this type of work and the contractor would be responsible for having the appropriate equipment. Mayor Levine commented that the City will likely be able to use ARPA funds for the project. City Administrator Mark McNeill confirmed that is an available source of funds. Councilor Mazzitello moved to adopt RESOLUTION 2021-79 ACCEPTING BIDS AND AWARDING CONTRACT FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIR PROJECT. Councilor Duggan seconded the motion. Ayes. 4 Nays: 0 C) PROFESSIONAL SERVICES CONTRACT FOR THE WENTWORTH WARMING HOUSE REPLACEMENT Public Works Director Ryan Ruzek stated the Council is being asked to authorize a professional services contract with Barbeau Architects, Inc. for the architectural design for the replacement building of the Wentworth Park warming house. Councilor Mazzitello asked if this contract would be only for the design of the building and would not include the parking lot or trails.Mr.Ruzek confirmed that this would only be for the building and concrete sidewalk around the building. He noted that staff will develop the parking lot and trail plans. Councilor Mazzitello asked if the parking lot would include paving of the hockey rink. Mr. Ruzek stated that has not yet been bid. Councilor Paper asked if staff would site the location with the architect. Mr. Ruzek confirmed that and noted that they are still looking at the same building dimensions and pole barn style. Councilor Paper asked if there is a large grade difference between the building and the parking lot. Mr. Ruzek stated there is a slope in the front and the access would come from the back. Councilor Paper asked if soil samples would be taken. Mr. Ruzek confirmed that a geotechnical report would be required. Mayor Levine commented that it is being called a warming house,but it is actually planned to be a building that could be used in all seasons and would include an indoor classroom. She asked staff to clarify the vision of the building. Public Works Director Ryan Ruzek replied that the building would be 30 by 40 feet, and the main room would be about half of that space. It could be used as a warming house or a recreational programming area. He noted that restrooms would be accessible during the spring, summer, and fall. He stated that there would also be a storage area. September 23,2021 Mendota Heights City Council Page 4 of 7 Councilor Duggan noted that the bathrooms accessible from the outside are only proposed to be open during three seasons. He asked if those could be accessible during all seasons. Mr. Ruzek commented that the biggest factor is maintenance and the locking and unlocking of the doors. He stated that the building would be constructed and insulated, therefore the restrooms could be used in the wintertime. Councilor Mazzitello moved to authorize AN AGREEMENT WITH BARBEAU ARCHITECTS, INC. FOR THE DESIGN OF THE WENTWORTH PARK WARMING HOUSE FOR A FEE OF $15,600. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 D) CONSIDER THE ADOPTION OF ORDINANCE NO. 568 —THE NEW MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT Community Development Director Tire:Benetti provided background information on Ordinance No. 568, which would replace (in its entirety) the existing City Code Title 12, Chapter 3, Critical Area Overlay District, with a new Mississippi River Corridor Critical Area Overlay District chapter. Councilor Paper referenced the language"as amended from time to time"and asked how often that would be expected to happen. City Attorney Elliott Knetsch stated that the reference was made to different documents. He was unsure how often each of those documents would be updated, noting that it is not annually, but perhaps every five years. Councilor Duggan referenced section 12-3-4, A. Purpose, and commented that he likes that the character of the City is referred to. Councilor Mazzitello stated that the City received a letter from the DNR stating that they agreed with the draft. He asked if any additional changes would require another review by the DNR. Mr. Benetti commented that the conditional letter from the DNR included the updates being reviewed tonight. Councilor Mazzitello stated that plans such as this tend to go through periodic reviews. He stated that he can accept the statement "from time to time" in this context but would like to see it removed from other portions of City Code. He asked if it would be more appropriate to use "the most current form of the document". City Attorney Elliott Knetsch commented that the language would have the same intent. Councilor Mazzitello referenced section 12-3-10,F. 7., and stated that he believed the reference"as it may be amended or revised from time to time." should be added to this paragraph. Councilor Mazzitello referenced section 12-3-11: B.6.b., changing "will" to "may". He stated he would prefer firm language to provide guidance to applicants. Mr. Benetti stated that the DNR accepted the change from"will"to "may", and he does not believe it would be an issue. He believed the use of"may" would provide more flexibility to the Council. Councilor Mazzitello stated that he is okay with using the word `may' in this instance but noted that in the future he does not prefer to use that language as it does not provide guidance to an applicant. September 23,2021 Mendota Heights City Council Page 5 of 7 Mayor Levine thanked Mr. Benetti and the Planning Commission for their thorough review of the document. She commented that the City ended up with a good revision as a result. Councilor Duggan moved to adopt ORDINANCE NO. 568 THE NEW MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OVERLAY DISTRICT with the changes as noted. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to adopt SUMMARY PUBLICATION OF ORDINANCE NO. 568. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 E) RECOGNITION OF CITY ADMINISTRATOR MARK MCNEILL Assistant City Administrator Cheryl Jacobson stated that the Council is asked to acknowledge the retirement of City Administrator Mark McNeill. She expressed appreciation from the staff for the leadership that City Administrator Mark McNeill has provided during his time with Mendota Heights. The City Council members read aloud a draft resolution. Councilor Mazzitello stated that he has had the rare opportunity of being a Council member and a previous staff member. He commented that Administrator McNeill is one of a few people he considers mentors. Councilor Miller commented that Administrator McNeill shepherded the City through some dark and tough times and was involved in hiring some critical leaders of the City. He thanked him for his leadership. Councilor Paper commented that the community has benefited greatly from Mark's experience and mentorship. He commented that he has made a tremendous difference in the community, and he has appreciated the mentorship Administrator McNeill provided and he is fortunate to have learned from him. Councilor Duggan commented that the finances and bond rating of the City have improved during the time City Administrator Mark McNeill has been with the City. He wished him well in retirement. Mayor Levine stated that very few mayors come into their job with a City Administrator with 45 years of experience. She commented that he mentored Assistant City Administrator Cheryl Jacobson and she was the clear choice during the interview process and will do an amazing job for the City. She stated that Mark's legacy to the City is not only the six years he was in Mendota Heights but also those that will continue to lead in his absence. She stated that she is grateful that she has had the opportunity to work with City Administrator Mark McNeill. City Administrator Mark McNeill thanked each member of the Council and staff for the kind words. He stated that his first City Council meeting was November 17, 1983 in Savage and at that time the City Council met in the fire training room with folding chairs and tables. He stated that since that time he has schedule his life around City Council meetings, estimating over 1,1100 regular City Council meetings and September 23, 2021 Mendota Heights City Couned Page 6 of 7 over 4,000 evening meetings. He appreciated that in February of 2015,the City Council at that time took a chance on him. He stated that they have accomplished a number of things together over that time and highlighted some of those accomplishments. He stated that life and circumstances change but that is not something to be afraid of. He thanked everyone for allowing him to be a part of it. Councilor Duggan moved to adopt RESOLUTION 2021-81 RECOGNITION OF MARK MCNEILL FOR OUTSTANDING SERVICE TO THE CITY OF MENDOTA HEIGHTS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill stated that information on recreation events can be found on the website. COUNCIL COMMENTS Councilor Duggan congratulated the City for hosting the Police and Fire tournament at the Par 3. Councilor Paper congratulated City Administrator Mark McNeill and wished him a fulfilling retirement. Councilors Miller and Mayor Levine echoed the well wishes. Councilor Mazzitello stated that he will continue to be in touch with City Administrator Mark McNeill in his retirement. He cornmented on a renewed high school football rivalry that he is excited about. ADJOURN City Administrator Mark McNeill moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:19 p.m. ATTES Step anie evine Mayor Lorri mith City Clerk September 23, 2021 Mendota Heights City Council Page 7 of 7