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2022-04-05 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday,April 5, 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 Paper, Mazzitello,and Miller were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Mazzitello 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 H,M,N, and O. a. Approval of March 9, 2022 City Council Minutes b. Acknowledge the January 19, 2022 Airport Relations Commission Meeting Minutes c. Acknowledge the February 22, 2022 Planning Commission Meeting Minutes d. Acknowledge the February 8, 2022 Parks and Recreation Commission Meeting Minutes e. Authorize Mayor/City Administrator to Execute Certificate of Completion and Termination of Contract for Private Redevelopment----The Village of Mendota Heights f Approve Resolution 2022-23 Approving an Administrative(Minor Development)MRCCA Permit to 1902 Glenhill Road—Erik Johnson(Planning Case No. 2022-05) g. Approve Purchase of Police Department Radios i. Approve Use of Temporary Fence in Friendly Hills Park Outfield j. Approve a Temporary On-Sale Liquor License for Beth Jacob Congregation k. Out of Metro Area Travel Request for City Administrator and Assistant City Administrator 1. Approve the Hiring of Recreation Program Coordinator n. Approve L&ftef of Siippoft for-DAata GeuiAy to Pursue T-Tail &,ants on Delaware Avenue e. A,..pfeye 2022 Street Sweeping f"',,,-, fact p. Approve 2022-2023 Minnesota Teamsters Local 320 Labor Agreement q. Approve Resolution 2022-22 State of Minnesota Joint Powers Agreements with the City of Mendota Heights on behalf of its City Attorney and Police Department r. Acknowledge February 2022 Fire Synopsis s. Approve the February 2022 Building Activity Report t. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS H)ACCEPT NOTICE OF RETIREMENT AND AUTHORIZE CITY CLERK POSITION RECRUITMENT Councilor Mazzitello congratulated City Clerk Lorri Smith on her upcoming retirement. He has worked with her on City staff, as a member of the Planning Commission and as a member of the Council. He commented that her work has been outstanding. Councilor Paper commented that Clerk Smith was his first point of contact when he registered to run for Council and found her to be very helpful. He thanked her for the assistance she provides to residents and as a member of City staff. Councilor Miller commented that Clerk Smith has been supportive of his family over the years. He noted his mom was an election judge for 40 years and worked with Smith. He thanked her for her work. Mayor Levine echoed the kind words for Clerk Smith and the hard work she accomplishes for the City. Councilor Mazzitello moved to accept NOTICE OF RETIREMENT AND AUTHORIZE CITY CLERK POSITION RECRUITMENT. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 M) APPROVE PUBLIC WORKS SITE IMPROVEMENTS Public Works Director Ryan Ruzek provided an overview of the public works improvement project. Councilor Mazzitello commented that this project is long overdue. He noted that this project will meet a desperate need in the public works department and allow that staff to better serve the community. Councilor Mazzitello moved to approve PUBLIC WORKS SITE IMPROVEMENTS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 April S, 2022 Mendota Heights City Council Page 2 of 9 N) APPROVE LETTER OF SUPPORT FOR DAKOTA COUNTY TO PURSUE TRAIL GRANTS ON DELAWARE AVENUE Public Works Director Ryan Ruzek reviewed the proposed project details and financing for the proposed trails planned along Delaware Avenue. Mendota Heights is not a financial partner in the section of trail between Highway 62 and Marie Avenue but would be a partner in the Delaware Avenue reconstruction project. He reviewed the connections the trail would provide, Councilor Mazzitello asked if the reconstruction project from Marie to Dodd has been in the County's Capital Improvement Plan (CIP) for several years. Director Ruzek replied that annually the City Council acknowledges the County's CIP, and this project has shown up twice in those reviews. Councilor Mazzitello asked and received confirmation that the Mendota Height's share of the project cost has been planned for within its own CIP and will use its State Aid account for funding. Councilor Paper referenced the Delaware Avenue trail and asked if it would be located on the shoulder of the road or separated.Director Ruzek replied that the trail on both sides of Delaware will have a boulevard. Councilor Miller asked why there is a difference in the trail width for the Mendota Heights side compared to the West Saint Paul side. Director Ruzek replied that this is a preliminary layout. The Mendota Heights side has less obstructions related to terrain and driveways, which is why it is proposed to be wider. He noted that most of the project would be within the existing right-of-way. Councilor Mazzitello moved to approve the LETTER OF SUPPORT FOR DAKOTA COUNTY TO PURSUE TRAIL GRANTS ON DELAWARE AVENUE. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 O) APPROVE 2022 STREET SWEEPING CONTRACT Councilor Paper commented on the huge increase in cost for the hourly rate. He asked if a pre-inspection could be done to determine if the sweeping is necessary. Public Works Director Ryan Ruzek replied that he did not believe any streets would meet the criteria for not needing to be swept. He stated that the Storm Water Management Plan would actually support additional street sweeping, but the City has limited it to the spring and fall seasons. He stated that the spring sweeping is typically curb to curb. Mayor Levine asked when the street sweeping would be completed. Director Ruzek replied that this is scheduled to begin April 111h and the process typically takes four days. Mayor Levine asked residents to not park on the street during that time. Councilor Miller moved to approve the 2022 STREET SWEEPING CONTRACT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 April 5, 2022 Mendota Heights City Council Page 3 of 9 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) FIRE CAPTAIN OATH OF OFFICE/SWEARING IN Assistant Fire Chief Scott Goldstein introduced Captain Dan Johnson, the newest Fire Captain. Mayor Levine administered the Oath of Office to Captain Dan Johnson. Assistant Fire Chief Scott Goldstein commented that the Fire Department is currently accepting applications for new members. Mayor Levine acknowledged the members of the Fire Department present tonight and thanked them for their service to the community. Councilor Miller commented that Dan Johnson is the perfect fit for this position noting that the department is better for having him and his spouse as members of the department. Councilor Paper thanked and congratulated Dan Johnson. Councilor Mazzitello also thanked and acknowledged the service of the department. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-24 APPROVING A WETLANDS PERMIT TO 790 HAVENVIEW COURT— PETER AND TERESA MOLINARO (PLANNING CASE NO. 2022-03) Community Development Director Tim Benetti presented Resolution 2022-24, approving a Wetlands Permit for 790 Havenview Court, for work conducted within 100 feet of an adjacent wetland. Councilor Mazzitello referenced conditions #4 and 411 in the proposed resolution which both mention back-flushing of the pool and asked why both were needed. Director Benetti replied that condition #11 was added by the Planning Commission. Councilor Mazzitello believed that would be covered by condition#4 but did not have a problem with the addition of condition #11. He asked if this permit and the next item on the agenda were after the fact applications. Director Benetti confirmed that staff stopped work on both sites and directed silt and erosion protection measures on the sites until a permit could be obtained. He noted that both sites complied. April 5,2022 Mendota Heights City Council Page 4 of 9 Councilor Mazzitello commented that there should be a discussion at another time to address this issue as there continues to be more after the fact permit requests. Director Benetti replied that staff is in the process of putting information together for new residents that will be delivered as a welcome packet. He stated that staff is also including that information in the City newsletter to better educate homeowners. Councilor Miller stated staff could check with other cities to see how they are addressing this issue. He stated that he is encouraged that the 25-foot buffer will remain as that is critical to the health of the pond. Mayor Levine commented that the plan appears to have a good buffer and vegetation and will be a good enhancement to the yard. Councilor Mazzitello moved to approve RESOLUTION 2022-24 APPROVING A WETLANDS PERMIT TO 790 HAVENVIEW COURT. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2022-25 APPROVING A WETLANDS PERMIT TO 601 POND VIEW DRIVE— DAVID AND JOLENE SYLVESTER(PLANNING CASE NO. 2022-06) Community Development Director Tim Benetti stated the Council was asked to consider a resolution approving a Wetlands Permit for 601 Pond View Drive,for work conducted within 100 feet of an adjacent wetlands. Councilor Miller asked why the boxelder trees would be considered invasive and be removed. Director Benetti replied that although the tree is indigenous, it is considered invasive. Director Ruzek replied that boxelder trees spread and take away opportunity for other native species. He acknowledged that they are native, but removal of some of the boxelder trees will allow for variety in the canopy. Councilor Paper asked what would be planted between the landscaping and water line. Director Benetti replied that it would be a special wetland seed mix which is similar to the MnDOT seed mix that the City - recommends near wetlands and pond edges. Councilor Mazzitello referenced the inclusion of the come clean, leave clean provision for the contractor. He noted that is something that will be included more in the City permits as it helps to prevent the spread of invasive species. Mayor Levine agreed that is something the City should look at more closely in the future. Councilor Paper asked if the master gardeners and/or DNR provided comments on the plan. Director Benetti replied that the DNR does not review these applications. He commented that a member of the Planning Commission is a master gardener and suggested the come clean, leave clean provision. f 9 tlpril 5, 2022 Mendota Heights City Council Page 5 o Craig Trenary, Landscape Designer from Ground One and representing the applicant,provided details on the proposed plantings within the 25-foot buffer noting it will be a pollinator friendly mix. The intention of the homeowner is to have a native landscaping that benefits pollinators and the wetland. Mayor Levine appreciated the consideration of the homeowners to include those plantings. She thanked the Planning Commission for its thorough review and Director Benetti for his work, as well as the homeowners for being better stewards of the environment. Mr. Trenary apologized for the misstep in not knowing the regulations and required permitting. He commented that he is now aware of the City procedure. Councilor Paper moved to adopt RESOLUTION 2022-25 APPROVING A WETLANDS PERMIT TO 601 POND VIEW DRIVE. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) CONSIDERATION OF THE EIGHTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA (THE DEVELOPERS AGREEMENT) FOR NEW 58- UNIT APARTMENTS/PHASE II THE RESERVE—AT HOME APARTMENTS Community Development Director Tim Benetti presented the Eighth Amendment to the Planned Unit Development Agreement for Mendota Plaza. This agreement is specifically for Phase II of The Reserve Apartments, the new 58-unit apartment development approved for Lot 1, Block 1, Mendota Plaza Expansion 2"Addition in the Mendota Plaza. The developer is At Home Apartments of St. Paul, MN. Councilor Mazzitello asked and received confirmation that the action before the Council tonight would be related to the version on the dais tonight and not the version in the packet. Councilor Paper suggested that the amendment to the agreement be reviewed.. Director Benetti provided clarification on the change to the document related to Item 10. Consent to Transfer of the Subject Property. The City Attorney recommended a revision to this paragraph. Councilor Mazzitello moved to approve THE EIGHTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA/PHASE Il THE RESERVE — AT HOME APARTMENTS; AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY OF MENDOTA HEIGHTS. Councilor Paper seconded the motion. Ayes: 3 Nays: 1 (Miller) April 5,2022 Mendota Heights City Council .Page 6 of 9 D) DODD ROAD/SOUTH PLAZA DRIVE PEDESTRIAN IMPROVEMENTS AND TRAFFIC SOLUTIONS UPDATE Public Works Director Ryan Ruzek stated the Council was being asked to approve the installation of temporary tube delineators on Dodd Road at South Plaza Drive to provide additional pedestrian crossing safety. Councilor Miller asked staff to describe what the delineator is. Director Ruzek stated it would be a base which would be glued to the street with a fiberglass rectangle extending up that would be flexible in case it were hit by a vehicle. He noted that if successful, the City would ask MnDOT to install a curb bump out. They are focusing on the west side of the road, but may add this to the east side if successful. He stated that MnDOT is doing two other projects and provided details on those project locations. Police Chief Kelly McCarthy stated that this is one of the first steps in the Traffic Safety Solutions Committee workflow. She stated that it was imperative to have a strategic plan before engaging stakeholders. She noted this would provide immediate safety for pedestrians and would be a good first step. She noted that this should dovetail nicely with the other data being collected. Upon a question from Mayor Levine, Chief McCarthy clarified this would impact the southbound traffic. Councilor Paper asked how easily the slats are replaced and whether that would be done by public works. Director Ruzek replied that the slats are glued to the pavement. Chief McCarthy commented that the slats are meant to handle tail swing from construction vehicles. Councilor Paper asked if the vegetation could be cut back to make the flashing lights more noticeable on the west side of the road. Chief McCarthy commented that Mendakota has been very cooperative, and the City could make that request. Councilor Paper thanked staff for their efforts and agreed this is a good first step. Councilor Mazzitello moved to approve THE QUOTE AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ISSUE A PURCHASE ORDER TO SAFETY SIGNS FOR THE SOUTH PLAZA DRIVE PEDESTRIAN IMPROVEMENT. - Councilor Miller seconded the motion. Ayes: 4 Nays: 0 E) ESTABLISHMENT OF THE MENDOTA HEIGHTS VOLUNTEER PROGRAM AND VOLUNTEER POLICY APPROVAL Assistant City Administrator Kelly Torkelson stated the Council was being asked to consider adopting a formal volunteer policy along with a formalized volunteer program to facilitate volunteering in the city. Councilor Paper commented that this is something he has been looking for during the past eight years. He asked how long the background checks would be good for. Assistant Administrator Torkelson replied that the intention would be to run background checks for new volunteers. April 5,2022 Mendota Heights Cary Council Page 7 of 9 Councilor Paper suggested that background checks be completed every three to four years. He believed that is important as things change. Assistant Administrator Torkelson commented that there is a cost of $15 per background check and noted that staff is interested in having a robust volunteer program. She confirmed that could be added to the program. Councilor Mazzitello echoed the comment that this is long overdue. He asked if the policy could be reviewed by the City Attorney, noting that he is concerned with liability and risk. Assistant City Attorney Leah Koch commented that she has not yet seen the policy but Campbell Knutson would be happy to review the policy. Assistant Administrator Torkelson commented that this language is based off established volunteer programs in Plymouth and Edina, but also made unique to Mendota Heights, Councilor Paper commented he likes the idea that hours will be tracked, as people should be recognized for their volunteerism. Councilor Miller stated he supports the program and agreed the City Attorney should review the policy. City Administrator Cheryl Jacobson commented that this policy and program has been a longtime corning and staff has put a lot of work into it. She stated that the City has a liability waiver that is signed by volunteers. She commented that it is nice to see this codified into a central program. She agreed that tracking hours would be helpfiil to understand where residents wish to spend their volunteer time. Mayor Levine commented that this has been discussed for years, going back to when she was a member of the Parks and Recreation Commission. She stated that it is great to see this moving forward in conjunction with the Mendota Heights Foundation. Councilor Paper asked if this could be placed on the Consent Agenda at the next meeting. City Administrator Cheryl Jacobson commented that she would prefer the Consent Agenda, as long as there are not significant changes proposed by legal counsel. The Council agreed. Councilor Mazzitello moved to table THE MENDOTA HEIGHTS VOLUNTEER POLICY AND PROGRAM TO THE APRIL 19, 2022 CITY COUNCIL MEETING. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced that the City is working to establish its Natural Resources Commission, noting that the Council received 20 applications from residents interested in serving. The Council will interview nine candidates at its April 19 Work Session, and official appointments will take place at the regular April 19 meeting. The Commission will hold its first meeting on May 11. She highlighted upcoming spring events. April 5,2022 Mendota Heights City Council Page 8 of 9 COUNCIL COMMENTS Councilor Mazzitello commented that road construction will soon begin and he asked drivers to slow their speeds in construction zones, abide by detour signing, zipper merge where needed, and be mindful of the construction crews attempting to do their job in a short season. He commented that the Firefighter Annual Recognition Dinner will be held Saturday honoring 82 years of firefighting in the community and stated that he will be happy to represent the Council at that event. Councilor Miller commented that the Fire Department is hiring and noted the need for firefighters. He encouraged residents to apply if they are interested. Councilor Paper congratulated Captain Dan Johnson on his new appointment. He commented on a pedestrian accident in Eagan that occurred in 2019, noting the Eagan resident was a teammate of one of his sons. He was glad to see the County taking action for more pedestrian safety. Mayor Levine reminded residents that the April water challenge has begun and encouraged residents to take the pledge. She noted that the City has been challenged by West Saint Paul to see which city can gain the most participants. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:31 p.m. , v Stephani Levine Mayor ATTES Lorri Smith City Clerk April 5,2022 Mendota Heights City Council Page 9 of9