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2022-01-04 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 4, 2022 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 {arrived at 6:05 p.m.), 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 Mazzitello moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented,pulling items D, E, 1, J, and L. a. Approval of December 1, 2021 City Council Minutes b. Acknowledge the October 26, 2021 Planning Commission Meeting Minutes c. Acknowledge the November 10, 2021 Planning Commission Special Meeting Minutes e. A-ppfei�e Resolution 2022 04 AppeivAments Fi-re Relief Association Beafd of T+ttstees f. Designation of Official Newspaper g. Designation of 2022 Acting Mayor h. Approve 2022 Financial Items *Resolution 2022-01 Establishing 2022 City Depositories of Funds *Resolution 2022-02 Accepting Pledged Securities for 2022 *Authorize Finance Director to Execute Electronic Payments and Prepay Claims i. Approve e nar 4 Replacement w „T c".1 uil"iaiie��� j. Approve Prefessiena4 Serviees Change Ofder- for Ridge Plaeo Sanitary Sewer- and Str-eamb k. Approve Resolution 2022-05 Approving the Joint Powers Agreement Establishing the Criminal Justice Network Board 1. Appr-eve jeint Powers Agreement (YR 2022 2023) for- Open to Business Program through Dakot C6unty Community Development Ageney in. Approve the November 2021 Fire Synopsis Report n. Approval of November Treasurer's Report o. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS D) APPROVE APPOINTMENTS TO DAKOTA BROADBAND BOARD (DBB) TECHNICAL ADVISORY COMMITTEE Mayor Levine recognized City Administrator Cheryl Jacobson who has acted as the Chair of the Committee for the past three years. She explained that this group is a consortium with multiple cities that provides broadband service to the communities. She welcomed the new staff member that will be taking her place on the committee. Councilor Mazzitello moved to approve APPOINTMENTS TO DAKOTA BROADBAND BOARD (DBB) TECHNICAL ADVISORY COMMITTEE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 E) APPROVE RESOLUTION 2022-04 APPOINTMENTS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES Mayor Levine commented that she has served as a trustee along with Councilor Miller. She commented that this is an incredibly important organization that supports the firefighters. Councilor Miller commented that the Fire Relief Association handles the retirement funds for the Fire Department, He explained that any firefighter that has been active for at least ten years becomes vested and that grows as the firefighter continues service. He stated that the association manages the dollars and meets twice monthly to handle its duties. Mayor Levine commented that the association previously held a firefighters relief ball. She stated that while the City provides pension funding, the association provides other benefits such as sending flowers after the death of a loved one. She explained that this is a nonprofit organization and welcomed any donations from the community. Councilor Paper moved to approve RESOLUTION 2022-04 APPOINTMENTS TO FIRE RELIEF ASSOCIATION BOARD OF TRUSTEES. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 January 4, 2022 Mendota Heights City Council Page 2 of 10 I) APPROVE PAR 3 REPLACEMENT EQUIPMENT Councilor Paper asked for additional details on the equipment proposed for purchase. Recreation Program Coordinator Meredith Lawrence provided additional details on the top dresser and how that equipment is used. She stated that when not using the top dresser, that can be detached and the utility cart can be used for other duties. She stated that the existing top dresser gears are stuck and therefore does not work. Councilor Paper moved to approve PAR 3 REPLACEMENT EQUIPMENT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 J) APPROVE PROFESSIONAL SERVICES CHANGE ORDER FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS Councilor Paper asked staff for details on the change order. Public Works Director Ryan Ruzek stated that this sanitary sewer project has been planned for several years and has been combined with a streambank stabilization project. He noted that the project was designed in 2018 and highlighted the delays that occurred since that time. He highlighted some of the additional items that were added that account for the increase of S76,510. He stated that staff recommends approval. Councilor Paper commented that this is a big project and there was a large change in cost, therefore he wanted that additional explanation. Councilor Mazzitello asked how much of the project has been completed. Public Works Director Ryan Ruzek estimated that 95 percent of the work has been completed, noting that sodding will still occur on the private property. He stated that there will be a few overruns for the cost to the contractor including tree removal, an additional sanitary sewer connection, and restoration of additional disturbed areas. He confirmed that this should cover the costs to the consultant. Councilor Mazzitello moved to approve PROFESSIONAL SERVICES CHANGE ORDER FOR RIDGE PLACE SANITARY SEWER AND STREAMBANK REPAIRS. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 January 4,2022 Mendota Heights City Council Page 3 of 10 L) APPROVE JOINT POWERS AGREEMENT (YR 2022-2023) FOR OPEN TO BUSINESS PROGRAM THROUGH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Mayor Levine commented that the Joint Powers Agreement included in the packet is in need of updates and therefore staff has asked that this item be removed from the agenda tonight. Councilor Mazzitello moved to table JOINT POWERS AGREEMENT (YR 2022-2023) FOR OPEN TO BUSINESS PROGRAM THROUGH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A)REVIEW OF MARIE PARK RECREATIONAL LIGHT PILOT PROGRAM AND IMPLEMENTATION FOR 2022 Recreation Program Coordinator Meredith Lawrence explained that the Council was being asked to evaluate the 2021 recreational light usage at Marie Park and consider approval of the continuation of use for 2022. Councilor Duggan asked if there have been any complaints about the nighttime lights. Recreation Coordinator Meredith Lawrence replied that she has not received any complaints. Councilor Paper asked for clarification on when the lights would be used. Recreation Program Coordinator Meredith Lawrence stated that her recommendation would be to stop the lights around April 30th when the natural light would go until about 9 p.m. and then begin the lights again in the fall when the sunset occurs earlier in order to provide lights until 9 p.m. Councilor Paper stated that he did not watch the Parks and Recreation Commission meeting and asked for details on how the 9 p.m. time recommendation was reached. Recreation Program Coordinator Meredith Lawrence stated that the hockey lights stay on until 9 p.m. in the winter months, therefore the Commission felt that time was justifiable. Councilor Paper noted feedback from one resident and asked if any other input had been received from residents living adjacent to the park. January 4,2022 Mendota Heights City Council Page 4 of 10 Recreation Program Coordinator Meredith Lawrence stated that she received the emails included in the packet. She noted that she also received a phone call from a resident on Lilac Lane that supported the lights. Councilor Paper referenced the letters to be sent to the residents within 500 feet of Friendly Hills Park and asked if that would include residents within 500 feet of the entire park, or hockey rink. Recreation Program Coordinator Meredith Lawrence replied that friendly Hills is different than Marie Park. She stated that she would recommend that the distance be from the hockey rink rather than the park boundary. Councilor Mazzitello stated that he received an email from a resident on Victoria that is opposed to the extension of the lighting usage. He stated that he is pleased that the recommendation would be to allow lights until 9 p.m. rather than 10 p.m. He noted that the resident communication he received stated that the usage was sporadic, and people are not always playing when the lights are on. He stated that he is pleased to see the community engagement process for friendly Hills as well. Councilor Miller commented that he also received the comment in opposition. He stated that when the Council first discussed this topic,he made the comment that he does not understand pickleball and believed it to be loud. He noted that since that time he went to the park to observe people playing pickleball. He stated that people and the conununity clearly enjoy the activity, which is growing. He stated that he also appreciates that the lights would turn off at 9 p.m.rather than 10 p.m. He also commented that he believed letters should be sent using the boundary of friendly Hills in order to gather additional input. Councilor Mazzitello agreed that the park boundary should continue to be used as a standard practice for notice. He commented that pickleball is loud and as they move forward with strategic plans for parks,they should use Marie Park as an example of what not to do. He noted that Marie Park is a neighborhood park with a lot of amenities that draws a lot of users. Mayor Levine commented that she would support the recommendation to use the park boundary for notification but believed that it is most important to gather input from the homes closest to the area. She stated that she also received the comment of opposition. She believed the City should be cognizant of who is using the courts during the evening hours to ensure it is resident use. She stated that Eagan has timed lights which allows users to push a button to turn the lights on for nighttime use during the allowed hours. She explained that in that instance if there were no users,the lights would not come on. Recreation Program Coordinator Meredith Lawrence stated that she has reached out to the City of Eagan to obtain additional details and cost estimates. Councilor Paper asked if this could be reviewed again in one year. Mayor Levine agreed that would be helpful. Councilor Paper suggested reviewing this seasonally, after the spring and fall. Mayor Levine commented that additional pickleball courts in the community may help to alleviate the pressure on Marie Park. Councilor Mazzitello stated that when additional courts are added in other parks, perhaps the number of courts at Marie Park could be scaled back. January 4,2022 Mendota Heights City Council Page 5 of 10 Councilor Duggan moved to approve USE OF LIGHTS FOR EVENING PICKLEBALL AND BASKETBALL PLAY AT MARIE PARK AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION AND DIRECT STAFF TO BEGIN COMMUNITY ENGAGEMENT TO CONSIDER INSTITUTING A PILOT PROGRAM FOR NIGHTTIME PICKLEBALL PLAY AT FRIENDLY HILLS PARK IN 2022. Councilor Mazzitello seconded the motion. Further discussion: Councilor Duggan noted that the lights at Friendly Hills should be baffled in order to shine on the courts and not into the community. Recreation Program Coordinator Meredith Lawrence replied that staff has worked to ensure that the lights do not shine onto the neighboring homes at that park. Councilor Paper asked if the lights are LED. Recreation Program Coordinator Meredith Lawrence confirmed that all of the rink lights are LED. Ayes: 5 Nays: 0 B) UPDATE ON PLANNING CASE 2021-13 PHASE 111/89 UNIT APARTMENTS BY AT HOME APARTMENTS, LLC City Administrator Cheryl Jacobson provided a brief background on this item. The Council tabled Planning Case 2021-13, a proposal from At Home Apartments LLC for the development of 89 apartment units on Lot 7 of the Mendota Plaza MU-PUD to its meeting on January 4, 2022. She provided an update and noted that given the holidays and available time between December 16th and the January 4th meeting,the applicant has not had sufficient time to consider the suggestions and is not yet prepared to provide an updated proposal for City Council consideration and is amenable to tabling the project request to the February 2, 2022 City Council meeting. Councilor Mazzitello stated that between December 131h and 161h,he and Councilor Duggan got together to review all of the notes from the community conversation and testimony received during meetings to develop "the ask" for the applicant. He stated that in general terms they requested an increase in greenspace, to improve walkability of the site, and to review the building height. He stated that in a separate list of asks they spoke with Pastor Properties about adding additional greenspace/community space within the north parking area, the potential for a native planting garden within the site, to potentially reduce pavement, and potential improvements to traffic patterns. He noted that Pastor Properties was receptive to the ideas but has contractual agreements with the tenants and other parties that own property within the PUD, therefore time will be needed to discuss those ideas with the partners. He noted that discussion would occur separate of the Lot 7 proposal. Councilor Duggan agreed that the lists were well received by the applicant and Pastor Properties. He stated that he is unsure if a new proposal from the applicant would need to go back through the Planning Commission before coming back to the Council for review. He hoped that whatever comes forward meets January 4,2022 Mendota Heights City Council Page 6 of'10 the requirements of the City and is in compliance with standards established within city ordinances. He was unsure if staff had heard from the applicant in regard to the asks that were made. City Administrator Cheryl Jacobson commented that staff has had conversations with the applicant, and they are considering the recommendations but are not prepared to speak to any changes they may be considering. Councilor Duggan confirmed that the city won't know what is being proposed until the Applicant either applies to the Planning Commission and/or submits to the City Council for consideration. City Administrator Jacobson stated that any changes would be made in response to the tabling at the City Council level, and would be brought back to the city council which is proposed for the February 2 City Council meeting. Councilor Duggan commented that he believes that if the application is significantly different, or changed, it should go back to the Planning Commission. Councilor Mazzitello stated that decision to send the matter back to the Planning Commission would be the decision of the City Council. He stated that as a former member of the Planning Commission and City staff, it would be his opinion that the Council needs to see the application before making that decision. He stated that if there are substantial changes, it should go back to the Planning Commission but if there are minor changes, the review should continue by the City Council. Councilor Duggan commented that if there are substantial changes to the application,he believes the matter should go back to the Planning Commission. He stated that he would support tabling to the recommended date, or later such as the time the requirements of the City have been met. He clarified that the requirements would be found within the checklist provided to applicants. Councilor Paper asked if the checklist was completed at the last application. Mayor Levine confirmed that was completed. She stated that would be a complicated tabling. City Attorney Elliott Knetsch recommended that the matter be tabled to a specific date as that keeps the public informed on where the application stands and where the City is in the process. Councilor Duggan moved to table CONSIDERATION OF PLANNING CASE 2021-13 PHASE III, AT HOME APARTMENTS, LLC, PROPOSAL TO FEBRUARY 2, 2022. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2022-03 ACCEPT FEASIBILITY AND CALL FOR A PUBLIC HEARING ON THE CENTRE POINTE STREET IMPROVEMENT PROJECT Public Works Director Ryan Ruzek provided background information and stated that the Council is requested to approve the feasibility report and schedule a public hearing for the Centre Pointe Street Improvements. January 4, 2022 Mendota Heights City Council Page 7 of 10 Councilor Miller mentioned Lake Augusta,which is shown in brown while the other water bodies are shown in blue. He stated that this is a problem that everyone should be concerned about. He believed that everyone should continue the battle to fix and address water quality of Lake Augusta. He stated that he is pleased to see that there will be stormwater improvements that could benefit the lake included in this project. Councilor Paper asked if there is enough right-of-way to widen Carmen Lane. Public Works Director Ryan Ruzek replied that the City does have adequate right-of-way but widening the road would impact adjacent property owners. He stated that ideally, he would like to have the roadway 24 feet wide drive for a segment, where the majority of traffic occurs, and the remainder of the road would be 20 feet in width. Mayor Levine echoed the comments of Councilor Miller, noting that this is an opportunity to install curb cut rain gardens and other elements that could mitigate runoff and hopefully improve Lake Augusta. She asked if the runoff from the business park runs to Lake Augusta. Public Works Director Ryan Ruzek stated that the business park northeast of the lake does drain to the lake. Mayor Levine asked where the potential pond would be located. Public Works Director Ryan Ruzek identified the location where a stormwater pond would be constructed. Mayor Levine asked if the business park would then drain to that area. Public Works Director Ryan Ruzek replied that if the undeveloped parcel is developed, it would drain to the pond, along with the 110/Center Pointe Curve building would route to the pond. He stated that staff will also look at some in line improvements, such as storm scepter improvements. He stated that Dakota County Soil and Water Conservation District has programs that would allow stormwater improvements as standalone projects in the future. Councilor Duggan stated that he would like to see that no further damage is done to the lake through this work and that a plan is developed on what can be done to improve Lake Augusta. Mayor Levine commented that there are also opportunities with LeMay Lake. She asked the difference between reclamation and reconstruction. Public Works Director Ryan Ruzek explained that a reclamation grinds up the material and reuses it. He stated that Carmen Lane will be reconstructed as the road will be widened with curb and gutter added. Mayor Levine stated that it appears there will be bonding for the project and asked if that aligns with the projections within the CIP allotted for road work each year. Public Works Director Ryan Ruzek replied that while this is a larger project, it does still align with the projections within the CIP. He stated that the Finance Director was comfortable moving ahead in this manner. January 4,2022 Mendota Heights City Council Page 8 of 10 Mayor Levine commented that this follows the plan to keep up with the needs of the infrastructure within the community. She commented that any time there is construction, she wants to ensure that sustainability is considered as well. Councilor Mazzitello commented that the amount bonded for has an average goal and acknowledged that some years will be higher, and some will be lower, acknowledging that this is a larger project. He noted that the last large project was Victoria, which was split into two years. Councilor Mazzitello moved to adopt RESOLUTION 2022-03 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE CENTRE POINTE STREET IMPROVEMENT PROJECT#202107. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Councilor Duggan suggested that a review be provided showing the last several street projects in order to compare average costs. Mayor Levine agreed that it would also be helpful to have a copy of the street improvement plan. Councilor Duggan stated that it should also be communicated to potential contractors that the City does not want to see any further degradation of Lake Augusta and would look for opportunities to improve that water body. D) ESTABLISH DATES FOR CITY COUNCIL WORK SESSION AND SPECIAL CLOSED SESSION MEETING City Administrator Cheryl Jacobson stated that the City Council is asked to schedule one or more work sessions and a special City Council closed session meeting to discuss a variety of topics. It was the consensus of the Council to hold a closed session meeting on January 1&fh at 5 p.m. prior and to hold Parks and Recreation Commission candidate interviews on February 2nd at 4:30 p.m. The Council provided potential dates to hold a joint work session meeting with the Parks and Recreation Commission and other work session meetings. Staff will coordinate to choose the date that works best for the joint meeting and also schedule the remaining work session topics. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Kelly Dumas played a short video used for recruitment of new Police Officers. Mayor Levine encouraged people to spread the word and share the video in order to attract new candidates. City Administrator Cheryl Jacobson reported that rinks and warming houses are now open. She highlighted upcoming events and recreational programing. January 4,2022 Mendota Heights City Council Page 9 of 10 COUNCIL COMMENTS Councilor Miller commended the public works department for the quick and efficient snow plowing activities. Councilor Paper commented that it is great to see people using the rinks and is excited about the upcoming Frozen Fun Fest. He stated that Dennis Rafftery from NDC4 created a video promoting Beyond the Yellow Ribbon, which is an organization that assists veterans. Councilor Duggan commented that it has been great to see kids out skating on the pond. He commented that Mendota Heights is a great city where people contribute towards building the community. He asked if the Friendly Hills tennis area is being used infoirnally as a dog park. Councilor Mazzitello wished everyone a happy new year. He agreed that the Beyond the Yellow Ribbon video is outstanding and showcases that program well. He encouraged contributions to the program. He asked that drivers be attentive, noting that his household has a new driver. Mayor Levine commented that the nights are long this time of year and encouraged walkers to wear reflective vests on themselves and their pets. She stated that it is fun to residents outside enjoying the snow and rinks. Councilor Duggan asked that fire hydrants be shoveled during the winter months and encouraged the community to shop local. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:51 p.m. Stephanie Levine Mayor ATTEST• Lorri Smith City Clerk January 4, 2022 Mendota Heights City Council Page 10 of 10