Loading...
2022-05-03 Council Minutes CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday,May 3, 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,Miller, and Mazzitello 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 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 Paper moved approval of the consent calendar as presented, pulling items i. and m. a. Approval of April 19, 2022 City Council Minutes b. Approval of April 19, 2022 Council Work Session Minutes c. Approval of April 25, 2022 City Council Work Session Minutes d. Acknowledge the March 22, 2022 Planning Commission Meeting Minutes e. Approve Resolution 2022-31 Approve Master Partnership Contract with the Minnesota Department of Transportation f. Approve Resolution 2022-32 Calling for a Public Hearing on Easement Vacation for Mendota Plaza Expansion Second Addition g. Award Contract for Tennis Court Resurfacing at Friendly Hills Park h. Approve Resolution 2022-33 Accept Bids and Award Contract for the 2022 Sanitary Sewer and Televising Contract j. Approve New Massage Therapist Licenses for Derrick Lundberg and Mary Sage at Green Lotus Yoga and Healing Center k. Extend Approved Wetland Delineation for Mendota Heights Apartments 1. Approve Board of Water and Soil Resources Lawns to Legumes Phase 2 Demonstration Neighborhood Project m. Approve Proposal and Gontraet with Metro Blooms fof the Lawns to Legumes Demenstr-atio n. Approve Resolution 2022-14 Authorizing Application to the Ballot Drop Box Grant Program o. Acknowledge March 2022 Fire Synopsis p. Approval of March 2022 Treasurer's Report q. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS I) ACCEPT POLICE OFFICER RESIGNATION AND AUTHORIZE POLICE OFFICER RECRUITMENT Mayor Levine commented that Beau Jacobson has resigned in pursuit of his dream job and wished him luck. She commented that he was an exemplary Officer that will be missed by the community. Councilor Paper moved to accept POLICE OFFICER RESIGNATION AND AUTHORIZE POLICE OFFICER RECRUITMENT. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 M)APPROVE PROPOSAL AND CONTRACT WITH METRO BLOOMS FOR THE LAWNS TO LEGUMES DEMONSTRATION PROJECT Natural Resources Coordinator Krista Spreiter reported that the City received a grant of$40,000 from the Minnesota Board of Water and Soil Resources for its lawns to legume demonstration project. She stated that the City partnered with Metro Blooms to coordinate the project and design the gardens. She stated that there will be a maximum of 25 residents on a first come, first serve basis. She noted that the focus will be on the Copperfield neighborhood. Mayor Levine commented that she is excited about this project and asked staff to explain what a natural corridor is. Coordinator Spreiter stated that an area that already has some natural features is beneficial to pollinators that are being restored with a pollinator mix. May 3, 2022 Mendota Heights City Council Page 2 of 8 Mayor Levine asked how residents would apply. Coordinator Spreiter welcomed residents to contact her and noted that information is also available on the website. Private residences, private property, and schools would be eligible to apply. Councilor Mazzitello moved to approve PROPOSAL AND CONTRACT WITH METRO BLOOMS FOR THE LAWNS TO LEGUMES DEMONSTRATION PROJECT. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-34 APPROVING THE PRELIMINARY PLAT OF LILLIE'S LAKEVIEW ADDITION—945 WAGON WHEEL TRAIL (SEAN DOYLE—SD COMPANIES, LLC— APPLICANT/DEVELOPER) Community Development Director Tim Benetti explained that the Council was being asked to consider adopting a resolution approving the preliminary plat of a new subdivision titled Lillie's Lakeview Addition. The application (developer) is Sean Doyle with SD Companies, LLC. The subject property is located at 945 Wagon Wheel Trail. Councilor Miller asked if Rogers Avenue would be maintained by the City. Director Benetti replied that the two existing properties on the other side of Rogers Avenue have a license agreement with the City related to the use of it as a shared driveway. Mr.Doyle,or the subsequent developer,would have a similar license agreement to use Rogers Avenue as a private driveway,therefore the City would not maintain it. Councilor Miller asked how this would not be considered a flag lot as there are multiple homes coming off a shared driveway. Director Benetti replied that it is not a private road,but a public right-of-way. He commented that the lots meet the frontage requirements along Rogers Avenue and Wagon Wheel. Councilor Miller commented that it is public right-of-way but not public road. Director Benetti confirmed that is correct. He explained that the City is requiring the dedication of right-of-way in the case the City would ever want to put the road through. He did not anticipate that would occur in the near future, but it would provide that opportunity in the future. May 3, 2022 Mendota Heights City Council Page 3 of 8 Mayor Levine asked if the lots had extended to the previous 30-foot right-of-way would they have been flag lots. Director Benetti replied that they still would not be flag lots as they would have still had the required frontage on Wagon Wheel. Mayor Levine asked why the long driveway was included on the right side in option B, when plan A would have been fine with the extra right-of-way added. Director Benetti commented that both options A and B would work under the ordinance. He commented that the ordinance is unclear as to whether the frontage would need to be against a paved or developed roadway. The intent is to ensure that all lots front on an improved developed roadway. He commented that Wagon Wheel is paved and improved whereas Rogers Avenue is not, and the City intends to keep it that way for the foreseeable future. Mayor Levine asked and received confirmation that the right-of-way would need to stay clear of trees and debris. She asked if the owner of lot one would be required to have a frontage on Wagon Wheel. Director Benetti explained that there would be frontage but would not be accessible as the area of the lot adjacent to Wagon Wheel has water. Councilor Paper asked if there would be a new driveway that services these two homes. Director Benetti commented that Mr. Doyle believes that he can reuse the driveway for 945 Wagon Wheel and the property to the north would begin from there and feed into the lot to the north. Councilor Paper asked if Rogers is currently a shared driveway for the three properties. Director Benetti confirmed that the three properties have a license agreement with the City and a shared driveway agreement. He stated that this would add a fourth to those agreements. Councilor Paper asked why they would proceed with option B as it counts frontage that is not even dirt. He stated that the opinion of the City Attorney is that the right-of-way counts as frontage and that should be sufficient rather than adjusting the frontage on Wagon Wheel which is water. Councilor Mazzitello referenced the definition of a street within our City Code. He stated that a lot has to have frontage, not access, on a public street. He commented that a driveway is not a Metropolitan Council recognized facility and therefore to make it clean and beyond doubt, the frontage on Wagon Wheel makes the lot compliant. Councilor Paper asked what would happen if there were a disagreement between the neighbors in the future, as the four properties are sharing the driveway. Director Benetti acknowledged that shared driveway agreements either work well or fail and if they fail,that becomes a civil matter. The City would not resolve a civil matter. Councilor Mazzitello commented that when the property to the west was split,the same configuration was chosen where the upper lot wraps around to touch Wagon Wheel, but the access was not onto Wagon Wheel because of the wetland. He stated that to avoid impacting wetlands, the applicant was able to use the right-of-way. He stated that there is a provision in the shared driveway agreement that stipulates that the driveways must separate within the first 30 feet after the Wagon Wheel pavement. He stated that the two driveways off Wagon Wheel are separate in order to minimize future conflict. May 3, 2022 Mendota Heights City Council Page 4 of 8 Councilor Paper asked if the new driveway would follow the right-of-way. Director Benetti confirmed that the driveway would follow the right-of-way and then follow a similar configuration. He noted that those details would be brought forward in the future. Councilor Paper asked if there are other lots in the city that act similar to this. Director Benetti commented that he could not think of any lots of this nature. He commented that this is unique, and precedent was set when the access right was granted to the Quail and Jacobs properties. He explained the benefit of requiring the dedication of right-of-way. Mayor Levine expressed appreciation to the Planning Commission and the great j ob it did questioning and examining this case. Councilor Mazzitello moved to approve RESOLUTION 2022-34 APPROVING THE PRELIMINARY PLAT OF LILLIE'S LAKEVIEW ADDITION AND FOR THE PROPERTY LOCATED AT 945 WAGON WHEEL TRAIL. Councilor Paper seconded the motion. Ayes: 3 Nays: 1 (Miller) B) RESOLUTION 2022-35 APPROVING A WETLANDS PERMIT FOR 791 WENTWORTH AVENUE (LDK BUILDERS—APPLICANT/OWNERS) Community Development Director Tim Benetti stated the Council was asked to consider adopting a resolution approving a Wetlands Permit for 791 Wentworth Avenue. The property owner is LDK Builders. Councilor Paper commented that he recalled something was supposed to be done on the property related to runoff or grading. Director Benetti replied that the detention basin was required in the back and two are being built. Councilor Paper asked if the ten-foot retaining wall would have a fence. Director Benetti replied that a fence is not shown but stated that the applicant agrees that a fence could be added. Councilor Paper referenced the catch basin next to the bike trail, which appears to be made by a homeowner and asked who is responsible to maintain it. Public Works Director Ryan Ruzek replied that the detention pond was installed by the previous landowner and therefore this landowner would inherit that as part of the purchase of the property. He commented that if that were to fail the water would still go around it, down the hill. Councilor Paper commented that there is constantly rocks and gravel in the detention pond and it should be maintained. He stated that there are only two trees shown to be planted in an area that was previously heavily wooded. He asked how the City could ask the applicant to do better. He recognized the condition that the builder will work with staff on additional trees and/or plantings but noted that is vague. He recognized that the two trees shown is good enough but asked how they could do better. May 3, 2022 Mendota Heights City Council Page 5 of 8 Director Tim Benetti stated that under the Sweeny Second Addition there was a condition added that all building permits need to submit a detailed landscaping plan. He noted that each home is to be custom made. The two trees are the minimum and the builder stated they will work with staff on the plantings. Councilor Paper asked the overall height of the proposed home. Director Benetti replied that the home has a height of 25 feet at the midpoint and the walkout would be ten feet. Councilor Paper commented that would be a tall building from the backside. He asked how the `come clean, leave clean" condition would be enforced. Director Benetti replied that it would be up to the developer and their contractors to ensure that. He stated that City staff would verify that streets are swept. He noted that the condition specifies best efforts. Councilor Paper commented that it is disappointing to see how things have gone with the project on Dodd Road and Marie Avenue as well as the lot on this site. He commented that the City is working hard to do more for the environment, and these are details that are being let go. Councilor Mazzitello moved to adopt RESOLUTION 2022-35 APPROVING A WETLANDS PERMIT TO LDK BUILDERS AND FOR THE PROPERTY LOCATED AT 791 WENTWORTH AVENUE. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 C) DISCUSS APPLYING FOR A LOCAL PARTNERSHIP PROGRAM GRANT FOR DODD ROAD Public Works Director Ryan Ruzek stated the Council is asked to discuss applying for a Local Partnership Program(LPP) grant for Dodd Road improvements. Councilor Miller stated that he is not opposed to making this area safer. He asked if the residents in the area are aware of this potential project. Director Ruzek replied that would be premature to notify the area residents at this point. This would be a project proposed for the future. Councilor Miller referenced a home location on the rough draft plan that shows a driveway being extended to Dodd Road. He asked if that is accurate. Director Ruzek stated that was one concept. He provided additional details and noted that the plan shows two different options. He noted that MnDOT may not want additional driveways on Dodd and that alternative may not be accepted. Councilor Miller commented it appears the School District owns the triangle piece of land near Dodd and Decorah Lane. Director Ruzek did not believe that was accurate and that MnDOT has the proper rights. Councilor Miller commented that he does like one of the options shown, noting a topography challenge in a portion of a property. Director Ruzek replied that fill would be brought in. May 3,2022 Mendota Heights City Council Page 6 of 8 Councilor Mazzitello asked for details on the Local Partnership Program and what it is designed for. Director Ruzek replied that the program is designed to provide funding for cities to locally lead projects and make improvements for safety on the State highway system. He stated that MnDOT established this program in order to get more work done than it could do itself. Councilor Mazzitello commented that if this were approved, it would seem to be an intersection improvement and associated improvements. Director Ruzek provided details on the project scope noting that he would submit what is shown in yellow as well as the realignment of the Wagon Wheel Trail/Dodd Road/Decorah Lane intersection. Councilor Mazzitello asked if this work was identified in the analysis in 2017. Director Ruzek confirmed that the study did include the realignment of the intersection and intersection control options. He noted that a signal was identified as the best option for traffic control if factoring in surrounding growth. Councilor Mazzitello moved to authorize THE PUBLIC WORKS DIRECTOR TO SOLICIT QUOTES FOR A PROFESSIONAL SERVICES CONTRACT TO COMPLETE A LPP GRANT APPLICATION. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 D) CONSIDERATION OF THE NINTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA (THE DEVELOPERS AGREEMENT) FOR NEW 79-UNIT APARTMENTS/PHASE III—AT HOME APARTMENTS Community Development Director Tim Benetti stated the Council was asked to give final consideration and approval of the Ninth Amendment to Planned Unit Development Agreement for Mendota Plaza. This amendment agreement is specifically for Lot 7 of Mendota Plaza, of Phase III, a new 79-unit market-rate apartment development. The development is At Home Apartments of St. Paul, MN. Councilor Paper noted that additional overstory trees were requested in the landscaping plan and he believed the applicant did a good job of adding more trees on the site. He expressed appreciation. Councilor Mazzitello echoed the comments. He stated that when a body asks something of an applicant to consider, it is nice to see that done and it is appreciated. Councilor Paper moved to accept and approve THE NINTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR MENDOTA PLAZA/LOT 7 — PHASE III AT HOME APARTMENTS; AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THIS AGREEMENT ON BEHALF OF THE CITY OF MENDOTA HEIGHTS. Councilor Mazzitello seconded the motion. Ayes: 3 Nays: 1 (Miller) May 3, 2022 Mendota Heights City Council Page 7 of 8 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events and activities. COUNCIL COMMENTS Councilor Paper thanked the MHAA traveling baseball teams that have been working diligently to clean up the parks. Councilor Miller encouraged residents to get out and enjoy the spring weather. Councilor Mazzitello encouraged residents to be diligent when driving through construction areas. He wished everyone a happy Cinco de Mayo. Mayor Levine reminded residents that it is now "no mow May" which helps to provide habitat and food to pollinators. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 6:58 p.m. Stephanie Levine Mayor ATT 4��D Lorri Smith City Clerk May 3, 2022 Mendota Heights City Council Page 8 of 8