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2022-07-05 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 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 Duggan, 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: 5 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. a. Approval of June 21, 2022 City Council Minutes b. Approval of June 21, 2022 Council Work Session Minutes c. Acknowledge the May 24, 2022 Planning Commission Minutes d. Resolution 2022-52 Appointment of City Data Practices Officials e. Resolution 2022-53 Appointment to Fire Relief Association Board of Trustees f. Resolution 2022-49 Calling for a Public Hearing on an Easement Vacation for Mendota Heights Business Park 4th Addition g. Approval of New Massage Therapist License for Crystal Williams h. Approval of Claims List Councilor Miller moved approval of the consent calendar as presented, pulling items A and H. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 July 5, 2022 Mendota Heights City Council Page 2 of 8 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF JUNE 21, 2022 CITY COUNCIL MINUTES Councilor Duggan noted on page two, Item K, the second paragraph, it should state, “…replace one pump per year.” On page five, the fifth paragraph, it should state, “…asked if the lights…” Councilor Duggan moved to approve JUNE 21, 2022 CITY COUNCIL MINUTES WITH THE NOTED CHANGES. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF CLAIMS LIST Councilor Duggan referenced page 32 and asked for clarification on Item 5H and the cost for native plantings. Public Works Director Ryan Ruzek stated that the City received a $40,000 or $42,000 grant to assist residents in converting suburban lawns into more natural landscaping and provided details on that program. Councilor Duggan noted on page 39, tree service, there was a cost for tree maintenance of $2,000 which seemed to be significant. Public Works Director Ryan Ruzek replied that he is unsure of the work that was done on the trees. He noted that the cost for tree removal would be about $1,000 per tree. Councilor Duggan moved to approve CLAIMS LIST. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS No items scheduled. PUBLIC HEARING A) RESOLUTION 2022-50 APPROVING A RIGHT-OF-WAY VACATION FOR BURR OAK AVENUE AND SOMERSET ROAD Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2022-50, a public hearing on a right-of-way vacation commenced by petition for Burr Oak July 5, 2022 Mendota Heights City Council Page 3 of 8 Avenue and Somerset Road. He noted that if approved, certain lots would need to be combined as a condition of that approval. Councilor Mazzitello asked and received confirmation that all these properties are part of the same plat and asked how the property would be allocated to the adjacent property owners. Public Works Director Ryan Ruzek replied that the City does not have a choice on how the land is allocated and would follow State law. He stated that the 50-foot right-of-way would be split 25 feet to each side. Councilor Duggan referenced page 44, item three, within the draft resolution, and suggested a grammatical change and asked for clarification on the word “covered” would be applied. Public Works Director Ryan Ruzek identified the areas that would need to have a drainage and utility easement in response. Councilor Paper referenced address three and asked if that 25 feet would encompass the entire driveway. Public Works Director Ryan Ruzek replied that it would be close. He stated that if there were any encroachments, those would need to be handled between residents. Mayor Levine asked about the impact this would have on the plat, as certain homeowners would be given an extra 25 feet of lawn and whether this would make it easier for certain property owners to subdivide. Public Works Director Ryan Ruzek replied that there is a property owner that would like to subdivide a portion of their property. He noted that 1170 Dodd Road would likely then be marketed. He provided details on the current process that would need to be followed if that property were proposed for development at this time and how access could be granted, as well as how that access could be provided if the vacation is granted. He noted that the property is zoned single-family residential and reviewed different development concepts noting that there is not currently a proposal for development of that property. Councilor Duggan stated that he is concerned that there is potential for six or seven homes to be developed. He noted that the minimum development standards would need to be met without variance requests and wanted to ensure that would be clear. Councilor Duggan moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Laurel Stephenson at 571 Mears stated that she would not want to see Somerset extended as that would place her home between three roads. She also had a concern that a potential road extension would add traffic to the area. She confirmed that she supports the vacation. Brad Clary at 1179 Ivy Hill Drive, stated that he is the Board Secretary for the townhome association and the townhomes support the vacation. He stated that it is his understanding that when a vacation July 5, 2022 Mendota Heights City Council Page 4 of 8 takes place, the only access would be from Dodd Road. He stated that their original fear was that the vacant parcel would propose multi-family housing which would create massive traffic issues but now understands that this could only be developed as single-family residential homes. Stuart Edeal at 15 Dorset Road, expressed concerns with drainage if a road were to be constructed. Mayor Levine commented that this proposed action would actually eliminate the ability to construct a road in this right-of-way. John Hall, 9 Dorset Road, stated that he and his wife support the vacation as proposed. Gary St. John, 7 Mears Avenue, stated that he supports the proposed vacation. He stated that the biggest drawback of having a road extend would be that one property would have roads on three sides of their property. Tim Kirby, 3 Dorset Road, stated that he and his wife fully support the vacation that would eliminate the potential for a road to go right past his home. He noted that drainage would be a concern if there were a road in that right-of-way area. Tom Graff, 2 Dorset Road, voiced support for the vacation of right-of-way as proposed. He commented that construction of a roadway in the area indicated would significantly degrade the character of the neighborhood. Amy McQuillan, 8 Dorset Road, stated that she is the mother of six small children aged eight and under. She stated that vehicles drive quickly through the neighborhood and often do not stop at the stop sign. She commented that there is a large development in a neighboring community that will bring additional traffic and was concerned that another road in the development would bring more fast-moving traffic and safety concerns for the existing residents. She supported the vacation as proposed. Mike Kuenster, 9 Mears Avenue, stated that he fully supports the vacation as proposed. He commented that he believes that additional stop signs would be a benefit to the area. Laurel Stephenson at 571 Mears added that water is a big issue in this area noting that she has three sump pumps that run the majority of the year. Public Works Director Ryan Ruzek provided details on the path for drainage in that area and the design standards the City has in place related to that topic. He noted that any development proposed for the vacant property would need to have a pond to handle the stormwater for that property. He stated that details related to contouring and grading would be provided if a proposal were to come forward for development of the lot. Mayor Levine commented that by approving this vacation it would eliminate the potential for a road to be constructed in this area which would mean the water issues would remain the same as they are today, and nothing would change. July 5, 2022 Mendota Heights City Council Page 5 of 8 Councilor Duggan asked for clarification on the drainage and utility easement mentioned in the draft resolution. Public Works Director Ryan Ruzek provided details on the purpose of drainage and utility easements. Councilor Duggan asked if anyone has contacted the County to determine if there are any other easements or challenges to development on that site. Public Works Director Ryan Ruzek replied that there are overhead power lines but is unsure if there are related easements outside of the right-of-way corridor. Councilor Duggan asked if the words “covered under” would provide sufficient protection for the drainage and utility easement mentioned in condition three. Councilor Mazzitello suggested that the following language be added to condition three, “…drainage and utility easement along all newly created property lines in accordance with City standards.” Public Works Director Ryan Ruzek stated that he can draft individual easement agreements to be signed by the property owners as well. Councilor Duggan asked if there could be more detailed, lined areas for the impacted properties. He recognized that would be a delay but would prefer to have a clearer map. There being no one further coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Councilor Duggan moved to adopt RESOLUTION NO. 2022-50 APPROVING A RIGHT-OF-WAY VACATION COMMENCED BY PETITION WITH ADDITIONAL LANGUAGE ADDED TO CONDITION THREE STATING THAT THE EASEMENT WOULD BE ALONG ALL NEWLY CREATED PROPERTY LINES IN ACCORDANCE WITH CITY STANDARDS, AND ADDING CONDITION FIVE TO STATE, THE LOTS INTERNAL TO THE RIGHT-OF-WAY VACATION BE COMBINED INTO ONE LOT (SPECIFICALLY THE THREE LOTS UNDER COMMON OWNERSHIP). Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello commented that there is not a proposal to build a road, for subdivision, or development. He explained that this action would erase lines from a map that would ensure a road is not built in that location. He noted that there would be a lot of about four acres in size created as a result that would front onto Dodd Road that would all be owned by one person. He stated that the future disposition for that property is unknown. He noted that he received calls from people interested in developing that large lot asking that the vacation not be approved because they would prefer to have access from Mears. He stated that the right-of-way is 50 feet, and the city standard is 60 feet for a road. He stated that when the vacation is completed, the lots adjacent would receive 25 feet added to their lots. July 5, 2022 Mendota Heights City Council Page 6 of 8 Councilor Duggan asked staff to draft a clearer map showing the new property division for residents. Councilor Mazzitello stated that if any of the property owners would like a more detailed map, perhaps staff could provide that. Public Works Director Ryan Ruzek confirmed that could be done. He noted that the legal description would change to add the vacated right-of-way. He stated that there will not be new pins set down the property lines, but he can draft maps to share with the landowners. Councilor Paper referenced 1160 and asked the existing frontage on Dodd Road. Public Works Director Ryan Ruzek did not have that information available but confirmed that it is less than 175 feet. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-51 APPROVING A MRCCA PERMIT TO ELIZABETH AND CALEB JOHNSON, 1903 HUNTER LANE Community Development Director Tim Benetti explained that the Council was being asked to adopt a resolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit to Elizabeth and Caleb Johnson, and for the property located at 1903 Hunter Lane. Councilor Duggan asked where the fence would be. Community Development Director Tim Benetti replied that currently the proposal would be to locate the fence around the backyard or pool. He stated that it undetermined at this time as the applicant is still working with their landscaper. Councilor Duggan stated that previously the former architectural board provided input on his pool fence. He asked how a partial fencing would meet the standards to protect the community in relation to the pool. Community Development Director Tim Benetti reviewed the current fencing standards for a pool which specify the pool itself can be fenced or the entire backyard could be fenced. He stated that would be reviewed and inspected as part of the building permit. Councilor Mazzitello commented that the fence is not shown and asked if a separate fence permit would need to be obtained. Community Development Director Tim Benetti replied that the pool permit would not be fully approved until the fence is installed as per the condition within the resolution. Councilor Paper stated that it appears there is an elevation drop of about six feet from one side of the pool to the other and asked for details on whether that would impact drainage. July 5, 2022 Mendota Heights City Council Page 7 of 8 Community Development Director Tim Benetti replied that staff does not believe there would be any impact to grading or drainage. Councilor Duggan moved to approve RESOLUTION 2022-51 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT TO ELIZABETH AND CALEB JOHNSON AND FOR THE PROPERTY LOCATED AT 1903 HUNTER LANE. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 B) FY23 BUDGET MEMO FOR MEETING DATES City Administrator Cheryl Jacobson stated that the City Council is asked to establish three work session dates in August to discuss proposals for the FY2023 budget. The Council provided their availability. It was the consensus of the Council to schedule budget workshops in the council chambers for 3 p.m. on August 17th, 6:15 p.m. on August 22nd, and 6:15 p.m. on August 23rd in the large conference room. COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events and provided details on the primary election and absentee voting. She asked neighborhoods to register their Night to Unite parties by July 25th. July 14 “coffee” with council will be chips and salsa at 4 p.m. at Teresa’s in the plaza area. Fishing derby July 21 at Rogers Lake, register online for $10. COUNCIL COMMENTS Councilor Mazzitello commented that it was a fantastic celebratory weekend with the 4th of July this past weekend and commended the fireworks display. He reminded drivers to slow down, noting the concerns for safety expressed during the public hearing tonight. He noted the speed trailer on Marie Avenue collecting data on speeds and volumes of traffic. He commended the public works staff and Police Chief for using that tool and moving it around the community to address concerns from residents. Councilor Miller wished everyone a happy 4th of July and also enjoyed the fireworks display. He stated that he had the opportunity to see fireworks in northern Minnesota this weekend as well and commented on the quality of the fireworks from Mendota Heights. Councilor Paper commented that the Beyond the Yellow Ribbon organization is available to assist veterans that may need services or assistance and encouraged them to reach out. Councilor Duggan commented that there was a great band at the fireworks display and he enjoyed the festivities. He noted a potential development in another community that would significantly impact Smith and Dodd and encouraged the City and its residents to pay attention. He stated that the Scott Patrick