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2022-09-06 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 6, 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, Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, and Mazzitello were also present. Councilor Miller 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 Mazzitello moved approval of the consent calendar as presented, pulling items A and J. an..,,.,,..,,.i ,.F All t iK 1!1'11/`: t., 0..,.....:1 T,f;,...to,. b. Approval of August 16, 2022 Council Work Session Minutes c. Approval of August 17, 2022 Council Work Session Minutes d. Approval of August 22, 2022 Council Work Session Minutes e. Approval of August 23, 2022 Council Work Session Minutes f. Acknowledge the July 26, 2022 Planning Commission Meeting Minutes g. Acknowledge July 2022 Fire Synopsis h. Resolution 2022-67 Final Payment and Acceptance of the Wentworth Park Paving Improvements i. Accept Donation for Victoria Highlands Pitching Mound on k. Accept Probationary Firefighter Resignation 1. Approval of July 2022 Treasurer's Report m. Approval of Claims List PUBLIC HEARING A) ANNUAL MS4/NPDES HEARING Natural Resources Coordinator Krista Spreiter explained that the Council is asked to preside over a public hearing outlining the City's stormwater requirements for compliance with the Minnesota Pollution Control Agency's MS4 stormwater permit. Councilor Duggan asked if the City sponsors any testing of city water bodies, outside of the testing done on Rogers Lake by Saint Thomas Academy, Natural Resources Coordinator Krista Spreiter replied that the City does some testing and there is also the wetland health testing program. She stated that the City also has the Citizen Assisted Monitoring Program which utilizes volunteers to test water in lakes. Councilor Duggan asked how a pollution incident caused by a storm could be handled if it were to occur in Mendota Heights. Natural Resources Coordinator Krista Spreiter stated that is part of the Pollution Prevention Program and is detailed in the City's plan. Councilor Paper believed that a resident monitors Lake Augusta. Natural Resources Coordinator Krista Spreiter stated that she is not aware of that. Councilor Paper referenced construction sites and asked if the City proactively monitors those sites. Natural Resources Coordinator Krista Spreiter replied that the City attempts to visit each site every two weeks. She noted that the permit requires inspection after each half inch rain event. Councilor Duggan moved to open the public hearing. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Duggan seconded the motion. Further discussion: Councilor Mazzitello commented that if residents notice issues or pollution of water or lakes, they should reach out to City staff. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) ORDINANCE 573 AMENDING TITLE 14, CONCERNING CHLORIDE REDUCTION Septeneber 6, 2022 Mendota Heights Ciry Council Page 3 of 19 Community Development Director Tim Benetti stated that the 14 trees removed were in the low basin area. He stated that the Planning Commission wanted to see those trees replanted but did not have preference on where the trees were planted. He stated that the maintenance plan would identify the replanting and would be part of the three year oversee period. He confirmed that the applicant agreed with that condition. Councilor Duggan asked if the trees removed were not in the critical area, could the City require trees to be planted. Community Development Director Tim Benetti replied that in 2017 when the previous MRCCA permit was issued there were supposed to be 13 trees planted. He stated that staff felt that because this was approved under the old plan, those trees should be replanted. Councilor Duggan asked if there is a tree replacement ordinance in place. Community Development Director Tim Benetti replied that the City does not have such an ordinance in place at this time, but the replanting of the trees would be part of the restoration plan for the property. Councilor Duggan commented that he was happy the resident was willing to comply with the request, as it is not a requirement. Community Development Director Tim Benetti stated that the applicant had requested to use their plan as the restoration plan for the property. He noted that the trees removed were dead or diseased. He noted that a member of the Planning Commission expressed that they would like to see the 14 trees replanted and that is why the condition was added. He confirmed that it is not a requirement in the ordinance. Councilor Paper asked if only the north half of the property is being discussed. Community Development Director Tim Benetti replied that this involves the entire site. He noted that staff was previously unaware that work had been done in the back. He stated that once staff visited the site after the Planning Commission, they did see dead fallen trees and the remainder of the removed material was buckthorn. He noted that there were no fresh stumps. Councilor Paper asked if the 14 trees were going on the north side or whether they could go anywhere. Community Development Director Tim Benetti replied that the trees could go anywhere. Councilor Duggan referenced a statement from the Planning Commission in which the applicant stated that he was willing to meet with neighbors to address their concerns and stated that he was impressed with that. He stated that the Frattallones did not know they bought into a challenge, but he likes the plan and what is being done to improve the site. Councilor Paper stated that it would be nice to be able to reach out to new homeowners in the MRCCA to provide permit information to those homeowners. September 6, 2022 Mendoza Heights City Council Page 5 of 19 Councilor Duggan stated that at least one eighth of the MRCCA bluff area is within Mendota Heights and therefore they need to protect it. Mayor Levine agreed that the City needs to do a better job communicating. She was pleased to see a second home is not going in on the lot and the applicants will also be removing gravel and replacing that with proper soil which will be a benefit. Councilor Duggan referenced condition eight and stated that if the trees removed are not within the critical area, the homeowner is entitled to remove trees and it is their decision on whether to replant trees. He referenced condition nine and stated that he does not ever recall requiring a three-year maintenance plan. Community Development Director Tim Benetti explained that the maintenance plan is a new requirement under the MRCCA permit. He stated that condition eight could be modified or struck if desired. Councilor Duggan stated that if the Frattallones want to plant the trees, they should but they should not be required to do so. Mayor Levine commented that at the Planning Commission there was discussion between the applicants and Commission, and it was an amenable condition. She did not see a need to amend the condition. Councilor Mazzitello stated that under the other Critical Area rules, if any part of the property falls in the Critical Area, the whole property is then in the Critical Area. He asked if the same applies under MRCCA. Community Development Director Tim Benetti confirmed that the same is true under the MRCCA. Councilor Mazzitello stated that under the MRCCA there is a habitat restoration requirement and therefore if 14 trees were removed, 14 should be replaced and native in nature. Community Development Director Tim Benetti stated that there is no standard stating that if a tree is removed, it should be replaced. He stated that the restoration plan was meant to be discretionary for the governing body. He stated that the Frattallones have agreed to replanting of 14 trees, along with much more restoration work in this extensive project. He commented that the site is still heavily vegetated and will continue to be so. Councilor Mazzitello stated that he supports the resolution and conditions as presented. Councilor Duggan asked if the removed trees would need to be replaced with trees equal in diameter. Mayor Levine commented that dead and diseased trees were removed in the area the homeowners would like to construct their volleyball court. She stated that the Planning Commission requested that 14 trees be replanted, and the applicant agreed. She stated that the family can choose the trees and size of trees they desire to plant. She provided a connection to a local organization, Roots on the Ground, that works to replace overstory trees. Councilor Paper commented that although it was mentioned that the replanted trees could be saplings, there is a three-year maintenance agreement and therefore the viability can be inspected. He stated that September 6, 2022 Mendota Heigktr City Comtci] Page 7 of 19 Councilor Mazzitello commented that the fence height is then a result of significant study. Mr. Sullivan noted that in Minneapolis they actually used a 22-foot fence for the substation. Mayor Levine commented that she frequently walks that area, and it is currently an eyesore. She stated that the look of barbed wire is not attractive and would prefer the ten -foot fence as proposed. She stated that she is pleased with the plan as presented. She did not anticipate a huge problem with the apartments across the street. She stated that she does not want something that will degrade, such as a painted fence. Councilor Duggan asked for details on the barbed wire and when it was installed. He did not believe barbed wire was allowed. Community Development Director Tim Benetti stated that barbed wire is allowed in certain zoning and advised that there is ten -foot fencing allowed for tennis courts as a permitted right. He commented that there are residential tennis courts that have ten -foot -high fencing. Councilor Paper asked for clarification on whether the discussion was involving painted black, or vinyl coated. Community Development Director Tim Benetti replied that the Commission favored a black or darker colored fence but did not specify how that could be done. He stated that the specifications indicated a galvanized steel mesh. Councilor Paper asked how the manufacturer offers black, whether that is done with paint. He stated that he does not want to make a decision without knowing the color and asked the timeline for the project. Mr. Sullivan replied that Xcel would like to install this prior to the winter season. He stated that the manufacturer does not offer vinyl coating, but a black finish and the concern is that would degrade over time. Councilor Paper stated that it was mentioned in the Planning Commission that this fence was specified for a reason and if the engineers have come back and recommended against black, he would support that. He asked the lifespan of the fence. Mr. Sullivan replied that the materials are high quality and would expect it to be in place for over 30 years. Mayor Levine commented that the issue with color should be put to rest and the proposed material should move forward. She stated that the Planning Commission stated that if the materials are equally available, the Commission would prefer black. She stated that the engineers have stated that black could degrade over time and therefore that is not desired, and the galvanized steel will hold up better and for a longer period, therefore that is the option being considered tonight. Councilor Duggan stated that his black fence on his property has existed for 32 years without degradation. Mayor Levine commented that the fence is along a busy road and salt will be an issue in the winter months. Septeneber 6, 1022 Mendot¢ Heights Ciry Council Page 9 of 19 Mayor Levine commented that having a nice fence would be an improvement that would screen the site a bit and would provide security. She stated that as a part of this project she would like to replace the fall fence which is degraded. Public Works Director Ryan Ruzek stated that staff will reach out to MnDOT to determine ownership and alert them to maintenance needs. He was unsure if MnDOT would have funds to replace the fence or would need to budget that. He stated that if the City is the owner of the fence, the City could secure bids. Mayor Levine stated that she does support moving forward on this project to improve the security of the Xcel property but would also like to improve the fence in front of that. She stated that she does not see a need to table the request. Councilor Duggan moved to table this request to the next meeting. Councilor Paper seconded the motion. Further discussion: Councilor Paper asked if these are fence panels. Mr. Sullivan confirmed that to be true. Councilor Paper asked how it is determined when the panels need to be replaced. He asked if there are inspections of the fence that occur to ensure it is in good condition. Mr. Sullivan replied that they do have fence inspection crews that visit all the fencing once or twice per year. He stated that the need to secure this site is important and they spent a lot of time researching what works. He stated that this is not the cheapest option, but it provides the security they desire. He stated that if there are concerns with the other fence, perhaps Xcel could share in that cost as a good neighbor. He stated that if it is a MnDOT fence they could replace it per those specs. Councilor Duggan referenced pages 143 through 146 related to the panels and asked about the plans having "requires changes" in red and whether those would be met. Mr. Sullivan replied that he is unsure of the changes. He stated that these are spec drawings prepared by the manufacturer and the footings may be changed in the building permit process. Councilor Duggan stated that this is Mendota Heights and that is not a suitable answer Councilor Mazzitello replied that these are what the industry would call shop drawings, explaining that the manufacturer makes the drawings and submits them to the engineer, who either approves, rejects, or changes those drawings. He stated that is a standard format. He stated that it is beyond him as to why that would not be an acceptable answer. Councilor Duggan stated that he asked what the changes are or may be and he did not get those answers. Councilor Mazzitello stated that would be up the engineer reviewing the drawings who compares those against the approved plans. He stated that the fact that the box was checked for changes does not mean there will be changes. September 6, 2022 Mer:dot¢ Heights C'ty Cotencil Page 11 of 19 Councilor Mazzitello replied that the height would be ten feet. Councilor Duggan stated that he would like to see what that would look like. Councilor Mazzitello stated that if someone wanted to do harm, they would choose to go over a portion that is five feet in height compared to ten feet. He stated that he is not willing to put into jeopardy the security of the electrical grid when the experts who own the facility have done this elsewhere and have said it is needed. Ayes: 1 (Duggan) Nays: 3 Councilor Mazzitello moved to adopt RESOLUTION NO. 2022-69 APPROVING A MISSISSIPPI RIVER CORRIDOR CRITICAL AREA (MRCCA) PERMIT AND VARIANCE TO XCEL ENERGY AND FOR THE PROPERTY LOCATED AT 944 SIBLEY MEMORIAL HIGHWAY. Councilor Paper seconded the motion. Further discussion: Mayor Levine stated that she would like to add language to the motion to include the replacement of the fall fence. Councilor Mazzitello stated that could be added as a voluntary item, but the City cannot require Xcel Energy to do anything on land they do not own. Community Development Director Tim Benetti stated that he heard a commitment from the applicant that Xcel would work with MnDOT in attempt to replace that fence. He noted that if the fence is owned by the City, the City will work with MnDOT. Councilor Mazzitello confirmed that the additional condition related to the second fence could be added to the resolution. Councilor Duggan referenced language within the staff report and stated that it is unknown as to whether the fence would impact the health, safety, or welfare of the community. He referenced other elements within that language and stated that he believes this fence will alter the character and will not be approving the fence. He commented that if this is approved, it will be sad for the community. Mayor Levine commented that she understands that fences can be objectional to people. She wished that this were a world where no one needed a fence and people respect infrastructure. She stated that this world is so dependent on infrastructure that this electrical site needs to be protected. She commented that the current fence is not securing the facility. Councilor Duggan stated that no one raised issues when that was presented but the business has changed significantly. Mayor Levine commented that September 1 I lh changed the world significantly, infrastructure needs to be protected. She stated that Xcel would obviously rather not spend millions of dollars on fencing. September 6, 2022 Mendota Heights City Council Page 13 of79 Councilor Duggan moved to adopt RESOLUTION NO. 2022-70 APPROVING A LOT SPLIT (SUBDIVISION) FOR THE PROPERTY LOCATED AT 2511 CONDON COURT, Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper commented that the work and craftsmanship of Mr. Bjorklund is excellent. He stated that on May 18 he was told that if the Council approved the vacation of the right-of- way, one home could be constructed on the lot, and he therefore approved it. He stated that the vacation of right-of-way was not intended to allow for an additional home. He did not feel right approving this after he was told only one home could be constructed on the lot. Mr. Bjorklund stated that he has maintained that right -of --way since 1987. He stated that the City took that easement 40 years ago and he requested to have it back. He stated that he intended to build a rambler on the lot but that does not work for his age and therefore he believes a twin home would be a better fit. Ayes: 3 Nays: 1 (Paper) E) RESOLUTION 2022-71 APPROVING A NEW SUBDIVISION TITLED "B MARIE ADDITION" AND CONDITIONAL USE PERMIT FOR OVERSIZED DETACHED GARAGE TO JEFF SIMEK — PROPERTY LOCATED AT 1753 SUTTON LANE PARCEL COMBINATION Community Development Director Tim Benetti provided a brief background on this item. The Council was being asked to consider adopting a resolution approving a new preliminary and final plat of a new subdivision to be titled "B Marie Addition", which is essentially the re -platting and combining of three parcels into one larger parcel. Related to this request is a conditional use permit (CUP) to construct a new detached garage. The applicant is Jeff Simek and the property is located at 1753 Sutton Lane, Councilor Duggan moved to adopt RESOLUTION NO. 2022-71 APPROVING THE PRELIMINARY AND FINAL PLAT OF B MARIE ADDITION AND THE CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1753 SUTTON LANE, Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello commented that he is pleased to see lot line anomalies such as this being cleaned up. Ayes: 4 Nays: 0 F) POLICE DEPARTMENT AND CITY HALL ARCHITECTURAL SERVICES CONTRACT City Administrator Cheryl Jacobson provided a brief summary of the case and stated that the Council is asked to approve a contract with CNH Architects for the continued assessment and development of schematic plans for the expansion and renovation/remodeling of the City's municipal campus which includes the police department and city hall offices. September 6, 2022 Mendoza Heights Ciry Council Page I5 of 19 Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to award a contract for the design, surveying and construction services for the Victoria Curve Street Improvement Project and Emerson Avenue Street Improvement Project, Councilor Mazzitello commented that TKDA did the design of the as three projects, not the construction. Public Works Director Ryan Ruzek confirmed that and noted that TKDA also did construction observation. Councilor Mazzitello commented that he simply wanted to clarify that the issues with a previous road construction contractor was not related to the firms listed within the memo. Councilor Paper stated that the proposal is for TKDA not to exceed 2,183 hours and asked for clarification. He asked if that is the equivalent of one person working full-time for one year on this project. He asked why these hours are so vastly different than WSB. Public Works Director Ryan Ruzek replied that TKDA has an itemized breakdown sheet within the proposal and provided a sample. He stated that different consultants make different assumptions. He noted that one of those assumptions is the length of construction. Councilor Paper asked if there would be community outreach for this project. He noted a tough curve in the road and asked if input would be solicited from residents. Public Works Director Ryan Ruzek stated that staff will work with the consultant to develop specific questionnaires for residents in different areas of the project. He stated that once they are closer to the end of the feasibility process, they would hold a public meeting. He stated that ideally, they would be done with the feasibility report in December and would be asking for Council approval of the project in January. Councilor Paper referenced the western edge of Victoria Curve and asked if that was previously discussed for State funding. Public Works Director Ryan Ruzek replied that the City does receive state aid (MSA) funds annually to put towards reconstruction of state aid roads. He confirmed that in 2023 Victoria Curve would be the only road eligible for MSA funding. Mayor Levine provided some of the feedback she received from residents related to the projects occurring this year. She asked that staff focus on good communication. Public Works Director Ryan Ruzek stated that in the last few years people are not attending the public meetings for the projects, which is the time they would provide their contact information. Mayor Levine commented that there are ways to engage with people and the City needs to find those methods, such as use of social media and email updates. She stated that perhaps language is included on the public meeting providing information on how residents can sign up for updates. Septenvber 6, 2022 Merulota Heights Cary Cou��cil Page 17 of 19 City Attorney Elliott Knetsch stated that it is the decision of the Mayoras to whether the comments should continue or cease. Mayor Levine stated that the comments were more appropriate for the campaign realm. ADJOiTRN Counc$or Duggan moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 Mayor Levine. adjourned the. meeting at 8:52 p.m. A7, Vrc ephanie Levine Mayor ATTEST: Chris ' usian City Clerk September 6, 2D12 Mendota Heights Ciry Counci/ Page 19 of 19