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2022-08-03 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, August 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 Duggan, Mazzitello, and Miller, were also present. Councilor Paper 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 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 Duggan moved approval of the consent calendar as presented, pulling items A, C, D, E, and K. a. Approval of July 19, 2022 City Council Minutes b. Approval of July 19, 2022 Council Work Session Minutes c. Acknowledge the June 28, 2022 Planning Commission Meeting Minutes d. Approve Temporary Liquor License for Holy Family Maronite Catholic Church e. Approve Hire of Probationary Firefighters f. Approve Purchase Order for Manhole Rehabilitation on Chippewa Avenue g. Approve Purchase of 2017 Ford Explorer h. Out of the Metro Travel Authorization – Minnesota Recreation and Park Association Conference i. Acknowledge June 2022 Fire Synopsis j. Approval of June 2022 Treasurer’s Report k. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 August 3, 2022 Mendota Heights City Council Page 2 of 9 Nays: 0 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF JULY 19, 2022 CITY COUNCIL MINUTES Councilor Duggan noted on page seven, Item C, and believed the word “proposed” should be added into the resolution. Councilor Mazzitello commented that this is the title of the resolution that was adopted and therefore the name of the resolution cannot be changed. He stated that the title of the resolution is listed verbatim in the minutes and that cannot be changed at this time. City Attorney Elliot Knetsch agreed with Councilor Mazzitello that is the title of the resolution and it cannot be changed. City Clerk Christine Lusian noted that although the title of the resolution cannot be changed, an explanation could be added that could perhaps satisfy Councilor Duggan. Councilor Duggan agreed that he would like that explanation that something was proposed, discussed, and then adopted. Councilor Miller moved to approve OF JULY 19, 2022 CITY COUNCIL MINUTES WITH THE NOTED CHANGE. Councilor Duggan seconded the motion. Further discussion: Councilor Mazzitello noted that the term proposal was used at least twice in the discussion for that item. He believed that it was already clear in the minutes that this was proposed before adoption. Ayes: 3 Nays: 1 (Mazzitello) C) ACKNOWLEDGE THE JUNE 28, 2022 PLANNING COMMISSION MEETING MINUTES Councilor Duggan noted on page 15, condition 8, noting that he was unsure that the groundcover could be established that quickly. He asked where the words established, protected, and permanent are defined. Community Development Director Tim Benetti replied that this is a typical condition attached to land use projects. He noted that escrow is held until that groundcover is established. He noted that the determination is made by staff. Councilor Duggan noted that the next statement states that staff proposes that become a standard condition. He asked if that should go before the Council to acknowledge and approve the condition becoming standard. Councilor Duggan questioned whether the eight conditions attached to the pool permit for 1903 Hunter Lane should be reviewed by Council and formally adopted as standard approval conditions for all pool permit applicants. August 3, 2022 Mendota Heights City Council Page 3 of 9 Community Development Director Tim Benetti noted that the Council did approve that condition in the resolution that was adopted at the last meeting. Councilor Duggan stated that perhaps that discussion should have come before the Council for input. Public Works Director Ryan Ruzek stated that this takes language out of the Land Disturbance Document and places it in a condition to make those requirements clear to applicants. He stated that restoration is a very important part of the project and that is why the item was called out specifically. Councilor Duggan moved to acknowledge THE JUNE 28, 2022 PLANNING COMMISSION MEETING MINUTES. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 D) APPROVE TEMPORARY LIQUOR LICENSE FOR HOLY FAMILY MARONITE CATHOLIC CHURCH Councilor Duggan noted language within the third paragraph, “giving away liquor” and asked if that is new language. City Clerk Christine Lusian noted that the language is not new and likely a direct reference of state law and/or code. She noted that she can clarify and follow up. Councilor Duggan moved to approve TEMPORARY LIQUOR LICENSE FOR HOLY FAMILY MARONITE CATHOLIC CHURCH. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 E) APPROVE HIRE OF PROBATIONARY FIREFIGHTERS Mayor Levine acknowledged that there will be four new probationary firefighters that will be joining the ranks of the Fire Department and recognized those individuals. She thanked those individuals who are volunteering to keep the community safe. Councilor Duggan referenced the budget impact and stated that he was taken back by the firefighter pay of $10.93 and noted that he would suggest that be discussed and increased in the future. Councilor Miller acknowledged that seems low but noted that is tagged to the probationary label during that time period. He noted that once that probationary period expires and if the person is moved to the next level, that salary would increase. Councilor Duggan noted that he still believes that is low and should be discussed for potential increase. August 3, 2022 Mendota Heights City Council Page 4 of 9 Mayor Levine noted that this would be a great item to add to the budget agenda. She noted that while the firefighters are volunteer, they are also paid. Councilor Duggan moved to approve HIRE OF PROBATIONARY FIREFIGHTERS. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilor Duggan appreciated the additional detail on the number of trees removed. He stated that he would like additional detail to the number of homes inspected. City Administrator Cheryl Jacobson noted that would require a change to the process and procedure in order to record the number of homes inspected and staff is working on that change. Councilor Duggan moved to approve CLAIMS LIST. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) DAKOTA COUNTY 2021 PRIVATE WELL SAMPLING RESULTS Wes Rutelonis, Dakota County, provided the results of the private well sampling from the 2021 study. He provided background information on the program, the items tested for, how samples are collected, and then reviewing the data collected from private wells within Dakota County and specific to the northern cities. He also provided details on a drinking water treatment system pilot grant program the County is running which could provide assistance to low-income residents. He stated that if anyone is experiencing these chemicals in their drinking water, they should seek treatment through the low-income program or through a water professional. He commented that it is important for private well owners to test regularly. Councilor Miller thanked Mr. Rutelonis for the presentation. He asked if there is an estimation on the number of wells in this area that did not participate in this program. Mr. Rutelonis replied that they do not have a record of all the wells that exist, as tracking began in 1974. He noted that if wells are not being used, they work with homeowners to get those sealed. He estimated 135 wells in this area. Councilor Miller asked how homeowners with wells that did not participate would go about contacting Mr. Rutelonis if they are now interested. August 3, 2022 Mendota Heights City Council Page 5 of 9 Mr. Rutelonis stated that there is a water testing page on the County website that provides additional details to homeowners. He stated that they plan to test every five years. He stated that a water test kit can also be ordered on the website. Councilor Duggan asked if the County works with Saint Paul Regional Water Supply (SPRWS). Mr. Rutelonis replied that this program is delegated to wells and public water suppliers work with the Department of Health. Councilor Duggan referenced the different testing available and noted that perhaps SPRWS would be a good partner. Mr. Rutelonis stated that their focus is private drinking water wells which have their own unique characteristics. He noted that the public water suppliers work with the Department of Health and the folks left out of that are the private well owners, which is why the County focuses on that demographic. Councilor Duggan noted that Saint Thomas Academy has been testing the water quality in Rogers Lake for many years and suggested data sharing between the entities. Councilor Mazzitello asked if there is a requirement for the samples to be taken at the well or at the tap in the home. Mr. Rutelonis replied that two sample bottles are provided, one sample is done outside while the other is done inside the home. Mayor Levine asked if letters were sent to those with sealed wells. Mr. Rutelonis confirmed that the County is not soliciting testing of sealed wells. Mayor Levine thanked Mr. Rutelonis for the presentation. PUBLIC HEARING A) RESOLUTION 2022-58 VACATION OF EASEMENT FOR MENDOTA HEIGHTS BUSINESS PARK Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2022-58, a public hearing on an easement vacation commenced by petition for Mendota Business Park 4th Addition. Councilor Miller asked why two ponds were originally constructed rather than one large pond. Public Works Director Ryan Ruzek replied that he was unsure but noted that perhaps that worked best with the building layout. Councilor Miller asked if there would be any downfalls to having one pond versus two. August 3, 2022 Mendota Heights City Council Page 6 of 9 Public Works Director Ryan Ruzek replied that the sanitary sewer line will be relocated along the pond edge. He stated that the irrigation will come from the stormwater pond through a reuse system. He noted that a geotechnical engineer will be a part of the process as well to ensure there are satisfactory soils. Councilor Miller asked and received confirmation that the pond to be filled was a manmade area. Councilor Mazzitello asked if the redevelopment proposal would go through the planning process. Community Development Director Tim Benetti replied that there is not a Conditional Use Permit or variance requested, and new industrial site plans do not follow that process. 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 Duggan moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 It was noted that a representative for the applicant was present to answer any questions. Councilor Mazzitello moved to adopt RESOLUTION NO. 2022-58 APPROVING AN EASEMENT VACATION COMMENCED BY PETITION. Councilor Duggan seconded the motion. Further discussion: Councilor Duggan asked staff the pros and cons of this moving forward. Public Works Director Ryan Ruzek stated that this is a reconfiguration of the existing pond. He stated that he is unsure if there is adequate data to say whether two small ponds or one large pond are better. He stated that the City will be granted new easement and a BMP maintenance agreement will be submitted for the pond. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2022-59 APPROVING A CONDITIONAL USE PERMIT (CUP) TO DISH WIRELESS TO INSTALL NEW CELLULAR ANTENNA IMPROVEMENTS ON TOP OF TWO RIVERS HIGH SCHOOL, 1897 DELAWARE AVENUE Community Development Director Tim Benetti provided background information on the case and stated that the Council is asked to adopt a resolution approving a conditional use permit (CUP) to DISH Wireless, which would approve the addition of a new cellular communication antennas and equipment on top of the Two Rivers High School building, located at 1897 Delaware Avenue. August 3, 2022 Mendota Heights City Council Page 7 of 9 Councilor Duggan noted the discussion at the Planning Commission in the provided minutes and asked if there have been additional details provided about the FCC licensing. Community Development Director Tim Benetti replied that the applicant provided a copy of the licensure which is on file. He noted that the representative present at that meeting provided additional details to the Commission. Councilor Duggan stated that in the past there was a question as to whether co-location would cause interference with the other equipment. He asked if that has been established. Community Development Director Tim Benetti replied that is part of the FCC licensing process. Councilor Duggan noted another portion of the minutes and asked if the map has been provided that shows other potential locations. He asked if it would be proven that would not interfere with the other existing equipment. Community Development Director Tim Benetti confirmed that the applicant will need to prove that they will not interfere with the existing equipment from other vendors. Councilor Duggan referenced Item F, related to safety, and asked if that has been addressed or satisfied. Community Development Director Tim Benetti replied that will be vetted when the building permit is applied for. He noted that separate electric permits would be pulled through the State of Minnesota. Councilor Mazzitello moved to adopt RESOLUTION 2022-59 APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION FO NEW CELLULAR/WIRELESS COMMUNICATION EQUIPMENT AND ANTENNAS ON THE TWO RIVERS HIGH SCHOOL FACILITY, LOCATED AT 1897 DELAWARE AVENUE. Councilor Duggan seconded the motion. Further discussion: Councilor Duggan referenced Item 6 in the proposed resolution related to lighting and/or logos. He did not believe the word “viewed” was appropriate. He instead suggested the word “seen”. Councilor Mazzitello commented that as the motioner he did not see a problem with interchanging those terms and would be fine with the friendly amendment as proposed by Councilor Duggan. Mayor Levine commented that the Planning Commission did a great job vetting the request and answering all her questions through their discussion. Councilor Mazzitello echoed those comments of Mayor Levine. Ayes: 4 Nays: 0 August 3, 2022 Mendota Heights City Council Page 8 of 9 B) RESOLUTION 2022-60 APPROVING A VARIANCE FOR NEW GARAGE ADDITION TO TIM AND MEGAN ALTIER OF 1057 ESTHER LANE Community Development Director Tim Benetti provided a brief background on this item. The Council was being asked to adopt a resolution approving a variance to 1057 Esther Lane, which would approve a new garage addition to encroach 3.3 feet into the 10-foot side-yard setback. The applicants and owners are Tim and Megan Altier. Councilor Duggan asked if there would be any landscaping next to the new addition in the side yard which could impact sight lines. Community Development Director Tim Benetti replied that the applicant does not plan to make changes to the driveway and there is an existing retaining wall. He noted that no additional landscaping has been shown. Councilor Duggan noted that if additional landscaping is added, it should not impact sight lines for those coming around the curve. The applicants noted that there were present to address any questions. Councilor Mazzitello moved to adopt RESOLUTION 2022-60 APPROVING A VARIANCE TO 1057 ESTHER LANE. Councilor Duggan seconded the motion. Further discussion: Councilor Miller noted that in a variance request there is a three-part test that must be met. He noted that the northern area of the city is unique in its platting. He commented that there are very unique and significant challenges for those that wish to make improvements to their home and/or property. He believed that the three-part test has been met and that the improvements will not only benefit the property but also the surrounding neighborhood. Councilor Mazzitello echoed the comments of Councilor Miller in allowing property owners to invest into their properties. He stated that the northern part of the city is one of four areas that were developed prior to the establishment of the uniform City Code. Councilor Duggan commented that he was privileged to listen to discussions from property owners on the north end that wished to improve their home. He stated that in today’s world, even a two-car garage is almost inadequate and therefore this is a reasonable request. Mayor Levine commended the Planning Commission for the great job it did in vetting this case and answering any questions she had. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS August 3, 2022 Mendota Heights City Council Page 9 of 9 City Administrator Cheryl Jacobson announced upcoming activities and community events. Mayor Levine encouraged residents to vote early. COUNCIL COMMENTS Councilor Miller stated that the filing period for elected offices began the previous day and runs through August 16th. He encouraged interested parties to apply for the positions of Council or Mayor. He commented that the Police and Fire departments had the opportunity to join residents at their Night to Unite parties and had a great time talking with residents outside of emergency situations. He stated that he was at Wentworth Park today with his son and friends and lost his fire pager. He thanked the resident that found the pager and returned it to the lost and found bin at City Hall. Councilor Duggan provided thoughts that he presented at the Scott Patrick memorial the previous Saturday. He encouraged residents to pause at the memorial in the next few weeks and say a prayer for Scott and all Police Officers. Councilor Mazzitello commented that there were 43 block parties in the community for Night to Unite and he managed to visit 14 parties within the course of three hours. He stated that the residents were so welcoming to Police, Fire, staff, and elected officials. He stated that Congress passed the Promise to Address Comprehensive Toxics Act the previous day to provide compensation and treatment to Iraq and Afghanistan veterans that were exposed to toxins while deployed. He noted that this is a great step forward for honoring, treating, and compensating the veterans. Councilor Duggan commented that this is a great city, but it is only as great as those that serve. He encouraged residents to apply for the available Council and Mayoral seats. ADJOURN Councilor Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 7:27 p.m. ____________________________________ Stephanie Levine Mayor ATTEST: _______________________________ Christine Lusian City Clerk