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2021-12-07 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 7, 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. OATH OF OFFICE—POLICE OFFICERS AND POLICE SERGEANT Police Chief Kelly McCarthy stated that the Council is asked to do a ceremonial swearing in of Police Officers Kyle Pagel and Beau Jacobson and Sergeant Phil McCarty. Mayor Levine completed the ceremonial swearing in of the Officers. Councilor Duggan congratulated Police Chief Kelly McCarthy for the addition of two new Police Officers and the promotion of a Sergeant tonight. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. 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 Mazzitello moved approval of the consent calendar as presented,pulling items b., d., g., and p. a. Approval of November 15, 2021 Council Work Session Minutes b. Approval of November 16, 2021 City Council Minutes c. Acknowledge September 8, 2021 Airport Relations Commission Meeting Minutes d. Approve Resolution 2021 94 City Conffnission Reappeintmei#s e. Approve Tobacco License Renewals for 2022 f Approve Resolution 2021-97 Designating Polling Places for 2022 h. Approve Resolution 2021-95 Accept the Redistribution of Unrequested Coronavirus Local Fiscal Recovery Fund Established Under the American Rescue Plan Act i. Approve Resolution 2021-96 Accept Bids and Award Contract for the Mendota Heights Road Sanitary Sewer CIP Project j. Authorizing Professional Services Contract Change Order to TKDA for the Marie Avenue and Wesley Lane Neighborhood Improvement Project k. Approve Resolution 2021-93 Authorizing the Donation of Bicycles and Bicycle Components 1. Approve 2022-2023 Labor Agreement with Law Enforcement Labor Services, Inc. Local#76 m. Authorize Purchase Order for Covered Dugouts at Mendakota Park n. Approve Field and Facility Use Policy Revisions o. Authorize Sale of Police Department Vehicles and Replace Police Chief's Fleet Vehicle p. Approve the Renewal of a Mendota Heights Par 3 Senior Golf Pass f4=22 q. Approve October 2021 Treasurer's Report r. Acknowledge October 2021 Fire Synopsis s. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS B) APPROVAL OF NOVEMBER 16, 2021 CITY COUNCIL MINUTES Councilor Duggan stated that he requested and received information from staff delineating potential answers related to density in a Planned Unit Development as discussed at the last Council meeting. He referenced the New and Unfinished Business section of the November 16, 2021 Council minutes related to the wetlands permit. He noted that he suggested the creation of a welcome basket that would contain educational information for homeowners. He believed that the Council should authorize that in the future. He commented that the creation of an MU-PUD was created in 2001, when he was not on the Council. He stated that he is bothered that there are rules and regulations that are sometimes ignored by a developer. He stated that he may have additional questions at the next meeting,after reading the information provided to him by staff. Mayor Levine commented that it seems that these are issues that are not related to the minutes. She stated that the minutes are reflective of the comments made at the meeting and this would be the time to address any changes to the minutes. December 7, 202J Mendota Heights City Council Page 2 of 9 Councilor Duggan referenced page 16, the bottom paragraph, the Sth line, noting that is an important statement and going forward that could be detrimental to the developer, if the minutes are adopted as presented. City Attorney Elliott Knetsch stated it would be the decision of the Council whether to approve the minutes as presented or table the minutes. Councilor Duggan could also propose an amendment to the minutes. Councilor Duggan stated that he would be unsure of what the amendment would be. He stated he would prefer to table the minutes until that statement could be verified. City Administrator Cheryl Jacobson asked the intent of Councilor Duggan, specifically if he would like additional clarification of the statement or if he would like it confirmed that the statement was made. Councilor Duggan commented that he does remember that statement being made but believes that there could be clarification. City Administrator Cheryl Jacobson stated that the statement was made and therefore it is an accurate statement in the minutes. Councilor Duggan moved to approve NOVEMBER 16, 2021 CITY COUNCIL MINUTES. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 D) APPROVE RESOLUTION 2021-94 CITY COMMISSION REAPPOINTMENTS Mayor Levine thanked those that accepted reappointments to three-year terms on the Planning Commission, the Parks and Recreation Commission, and the Airport Relations Commission. She stated that there will be an opening on the Parks and Recreation Commission. Councilor Duggan expressed thanks to Goldade. Mayor Levine moved to approve RESOLUTION 2021-94 CITY COMMISSION REAPPOINTMENTS. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 G) ACCEPT FIREFIGHTER RESIGNATION Councilor Miller expressed gratitude to Joe Ahlstrom for his service to the community. He stated that Joe is a great team player with a great deal of knowledge and he will be missed. Mayor Levine wished Mr. Ahlstrom well in his endeavors. December 7, 2021 Mendota Heights City Council Page 3 of 9 Councilor Miller moved to accept the FIREFIGHTER RESIGNATION. Councilor Duggan seconded the motion.. Ayes: 4 Nays: 0 P)APPROVE THE RENEWAL OF A MENDOTA HEIGHTS PAR 3 SENIOR GOLF PASS Councilor Duggan commented that the cost of$200 for a yearly Par 3 Senior Golf Pass may be a little high and suggested a cost of$150. Councilor Miller asked and received confirmation that this is a pass for the season. Councilor Mazzitello believed the cost was accurate as it is an unlimited season pass. Mayor Levine noted that the Parks and Recreation Commission discussed this in detail. She noted she feels this is a good deal. She stated that she prefers to follow the recommendation of the Commission. Councilor Mazzitello moved to approve THE RENEWAL OF THE MENDOTA HEIGHTS PAR 3 SENIOR GOLF PASS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS Bob Klepperich, 1092 Vale Drive,commented that his home is near a group home located at 2031 Victoria Road and they have been a wonderful neighbor. He stated that Dakota County is moving forward with the purchase of the facility to repurpose it as a home for at least 12 juveniles ages 12-17. Young people will be placed there by two entities. Some referred by Human Services as a result of difficult family issues or being homeless. Others will be place there by the juvenile justice system in place of going to a detention facility and these are people who have been guilty of minor offenses. He stated the facility would not be secured and the potential for major issues for his family and neighbors exists. He stated that many of the neighbors are not in favor of this. He stated that his impression is that the County can do what it wants. He noted considerable investment by the County of tax dollars and has reason to believe that the County will not be satisfied with only 12 residents and that the change in use would have a negative impact on their property values. He asked that the City and County communicate with all citizens and not just those within 1,000 feet of the group home. He asked whether there is anything the City could do to protect its citizens from this action.. Councilor Duggan stated that perhaps the number of occupants allowed could be discussed. He stated that he does support the idea in some concept and the City should find out what controls it would have. Mayor Levine stated this has been discussed for the last six months. She stated that city staff is advocating for the City in a meaningful and impactful manner. December 7,2021 Mendota Heights City Council Page 4 of 9 City Administrator Cheryl Jacobson noted that the City has worked with the County on the plans for a youth shelter and noted that the City Attorney has opined on what would be an allowed use for this site. She noted it would be helpful to have county staff attend a future meeting to provide additional details. PUBLIC HEARING A) ORDINANCE NO. 571 APPROVING AMENDMENTS TO THE FEE SCHEDULE FOR 2022 1) APPROVE THE SUMMARY PUBLICATION OF ORDINANCE NO. 571 City Clerk Lorri Smith explained that the Council was being asked to hold a public hearing and then amend the fee schedule for 2022. She noted the proposed changes to the fee schedule included increasing the cost of a wetlands permit for residential, commercial and industrial properties. The police department proposed to increase the cost of providing a CD/DVD with data to the public. Councilor Mazzitello moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Duggan referenced the proposed increase for a wetlands permit to $300,noting that the increase of$150 seems to be significant. Community Development Director Tim Benetti replied that wetland permits have become more challenging and the increase would be reasonable to account for additional staff time needed for review. Councilor Duggan suggested increasing the fee to $200 instead of the proposed $300. Councilor Mazzitello stated that in the coming months, new language will be added to the zoning ordinances from the newly adopted Comprehensive Plan. He asked if any of those anticipated changes were factors in the increased cost. Mr. Benetti replied that was part of the reason for the proposed increase. He stated that if a Natural Resources Commission takes part in the review, that would cause additional staff time as well. He stated that escrow is held as a security measure to ensure the erosion measures are in place and the ground has been restored. Councilor Mazzitello commented that he supports the fees as proposed. Councilor Miller agreed and stated that additional staff time would be needed to maintain the wetlands correctly and the cost for an application should be increased to cover the costs. December 7, 2021 Mendota Heights City Council Page 5 of 9 Councilor Duggan asked if there are ever times the full escrow has not been returned. Mr. Benetti commented that in most cases the full deposit is returned. He stated that escrow has been used when the opinion of the City Attorney is needed. Councilor Duggan commented that he would see $200 as reasonable, noting that if needed the cost could increase to $300 the following year. He asked if city staff has ever received a complaint about the fee. Mr. Benetti stated that he has never received a complaint about the cost for a permit. Councilor Mazzitello moved to adopt ORDINANCE NO. 571 AMENDING THE FEE SCHEDULE FOR 2022 as proposed. Councilor Miller seconded the motion. Ayes: 3 Nays: I (Duggan) The Council considered the summary publication of the ordinance. It was noted that approval of the summary publication needs a 415 vote of the Council. Mayor Levine asked that this motion be adopted unanimously as the ordinance was now adopted and this would be for publishing the approved ordinance. She noted that four votes of the Council would be needed to support this action. Councilor Mazzitello moved to approve THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Miller seconded the motion. Ayes: 3 Nays: 1 (Duggan) Ms. Smith commented that since the vote to approve the summary publication failed, the full ordinance will then be published in the Pioneer Press. Councilor Mazzitello asked the cost difference of publishing the full ordinance rather than the summary. Finance Director Kristen Schabacker commented that the cost would be substantially higher. She noted that a summary publication has a cost of about $30, whereas the financial report published each year is not quite a full page of the newspaper has a cost of approximately$800. Councilor Mazzitello noted that the failed motion to publish the summary would then result in a cost 20 to 30 times higher. Councilor Duggan commented that the Council could always consider reviewing the ordinance as he suggested it be. December 7, 2021 Mendota Heights City Council Page 6 of 9 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2021-98 APPROVE FINAL 2021 TAX LEVY COLLECTIBLE IN 2022 AND ADOPT PROPOSED BUDGET FOR 2022 Finance Director Kristen Schabacker explained that the Council was being asked to adopt the final budget and levy for Fiscal Year(FY) 2022. Mayor Levine referenced the increase of 1.47 percent for the Police and asked for clarification. Ms. Schabacker explained that a Community Service Officer position was eliminated which is why the increase is proposed at less than three percent. She stated that the position had been vacant. Councilor Duggan referenced the funds allocated to update the zoning code and asked if that could be done in-house with staff. Ms. Schabacker commented that the duties will be split between in-house staff and a consultant, which accounts for the budgeted amount of$50,000. Councilor Duggan asked for clarification on the tax abatement. Ms. Schabacker explained that tax abatement bonds were used to finance the Marie Avenue project. Councilor Duggan commented that he was impressed with the lower increase for the Police Department. He asked how much in funding has been received from the federal sources, such as CARES Act funding. Ms. Schabacker commented that those funds would not be reflected in the general fund or levy and would be separated into their own fund. She commented that half of the $1,100,000 was received in August and the Council just accepted an additional $19,000 earlier in the meeting tonight. She commented that those funds can be used for specific things and will be determined. Mayor Levine thanked staff and the Council for a smooth budget process. She commented that about half of the budget is public safety and about one quarter is public works. She commented that she is proud this budget also reflects depreciation in order to plan for future equipment needs. She commented on the needs of the Police Department and also commended the volunteer Fire Department. She commented that Public Works and Parks and Recreation also do great jobs. She also commended the administrative staff and all the employees that work behind the scenes. She believed that this budget reflects the values of the City. Councilor Duggan moved to approve RESOLUTION 2021-98 APPROVING FINAL 2021 TAX LEVY COLLECTIBLE IN 2022 AND ADOPTING PROPOSED BUDGET FOR 2022. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 RECONSIDERATION OF THE SUMMARY PUBLICATION OF ORDINANCE NO. 571 Councilor Duggan stated that he would like to reconsider his vote on the summary publication in order to save funds. He offered to change his vote in order to provide a unanimous vote and pass that action. City Attorney Elliott Knetsch stated that if Councilor Duggan would like to reconsider, he could make such motion as he opposed the vote. December 7, 2021 1Lfendota Heights City Council Page 7 of 9 Councilor Duggan moved to reconsider THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello moved to approve THE SUMMARY PUBLICATION OF ORDINANCE NO. 571. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events. COUNCIL COMMENTS Councilor Mazzitello noted that the Council will hold a work session on December 131h to hold a community conversation regarding the At Homes Apartments LLC development proposal for Lot 7 at The Plaza. He stated that this meeting is designed to help the City paint the picture of what it would like to ask the developer for in that project. He stated that the purpose is to deliver an `ask' to the developer rather than simply rejecting their proposal. Councilor Mazzitello stated that 80 years ago today the United States was pulled into the Second World War. He commented that the heroes that were created that day and the four years that followed cannot be thanked enough. He acknowledged all of the World War II veterans and thanked them. Councilor Miller stated that he is the byproduct of someone that saw those actions at age 16. Councilor Duggan commented that the Council often does not share the good points of the things they do. He stated that he received comments from a resident that did not like his behavior at the last meeting and felt he was being tough on Councilor Mazzitello. He stated that he had a follow up conversation with Councilor Mazzitello and apologized for any lack of formality as a Council member. He commented that walkers should be wearing reflective clothing or carry lights in the evening hours to ensure visibility by drivers. He mentioned the possibility of working with West Saint Paul on a shared ice rink. He asked that the Council be supportive of allowing members to participate remotely, noting that he will be in Arizona and would otherwise miss some meetings. Mayor Levine congratulated the newest Police Officers and Police Sergeant, expressing appreciation for their service. She commented on the holiday light recycling bin, the food donation bin, and the toy drive currently taking place at City Hall, December 7, 2021 Mendota Heights City Council page 8 of g ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:39 p.m. / v Stephan e Levine Mayor ATTEST: r Lorri Smith City Clerk December 7,2021 Mendota Heights City Council Page 9 of 9