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2023-02-21 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 21, 2023 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota, CALL TO ORDER Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, 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 Paper seconded the motion. Ayes: 5 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 calcndar as prescntcd with Lorbcrbaurn pulling items A and J and Mayor Levine pulling item E. u. Appr.,.al of Fehm a..r�7, 292'�#�0uneil "/hz,�. nn...o� b. Acknowledge Parks and Recreation Commission January 10, 2023 Meeting Minutes c. Acknowledge Natural Resources Commission January 11, 2023 Meeting Minutes d. Approve Alternate Designee Appointment to the Dakota Broadband Board f. Approve Field Renovation Work at Civic Center Park — Mertensotto Field g. Authorize Public Works Superintendent Out of State Travel Request h. Approve the Purchase of a Hot Water Pressure Washer i. Approve Purchase of John Deere Zero Turn Mower I Resolution 2023 14 Rene3Axiug the Emergeney Management Agreement with Dakota County k. Approve Personnel Policy Revision Adding Juneteenth as an Observed Holiday 1. Approval Seasonal Irrigation Specialist Position Description, Amendment to the City's Seasonal Pay Matix and Authorize Position Posting in. Authorize the Contract with DDA for the 2023 Compensation Study n. Approve Hiring Referral Policy o. Approve January 2023 Building Activity Report p. Approval of Claims List Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS A) APPROVAL OF FEBRUARY 7, 2023 CITY COUNCIL MINUTES Councilor Lorberbaum noted on page four, the fifth line, it should state, "...$L13,000 for the retaining wall." Councilor Mazzitello moved to approve FEBRUARY 7, 2023 CITY COUNCIL MINUTES AS AMENDED. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 E) ACKNOWLEDGE DECEMBER 2022 PAR 3 FINANCIAL REPORT Mayor Levine commented that this is a nice opportunity to acknowledge that staff did an incredible job with the Par 3 which continues to have a budget/revenue surplus, even increasing from 2021. She commented that it is great to see how far the course has come over the years. Councilor Miller moved to acknowledge DECEMBER 2022 PAR 3 FINANCIAL REPORT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 J) RESOLUTION 2023-14 RENEWING THE EMERGENCY MANAGEMENT AGREEMENT WITH DAKOTA COUNTY Councilor Lorberbaum noted that the agreement mentions 143 hours, and which seemed arbitrary but has since discovered that is the number of training horns per year that has been completed since 2017. Councilor Lorberbaum moved to adopt RESOLUTION NO.2023-14 RENEWING THE EMERGENCY MANAGEMENT AGREEMENT WITH DAKOTA COUNTY. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS February 21, 2023 Mendota Fletghts City Counei! Page 2 of 11 No one from the public wished to be heard. PRESENTATIONS A) RECOGNITION OF ADVISORY COMMISSION MEMBERS City Administrator Cheryl Jacobson recognized members that have concluded their terms on advisory commissions. The Council and staff recognized the following residents for their contributions on advisory commissions: • Kevin Byrnes for his service on the Airport Relations Commission • Patrick Cotter for his service on the Parks and Recreation Commission • Amy Smith for her service on the Parks and Recreation Commission • Bob Klepperich for his service on the Parks and Recreation Commission Bob Klepperich thanked everyone that was part of his life as a Park Commission member. He also thanked Parks and Recreation Manager Meredith Lawrence and noted the great job that she does, as well as Public Works Director Ryan Ruzek and City Administrator Cheryl Jacobson. He also thanked his wife, noting that she has endured his parks and recreation service for over 40 years. Councilor Paper thanked everyone for the time they have spent away from their families and the time that has been put in to provide recommendations to the City Council. Councilor Lorberbaum also thanked the members for the time they have taken from their personal life to serve on these commissions. She recognized Kevin Byrnes whom she served with on the Airport Relations Commission, Councilor Miller thanked everyone for their time, effort, and energy. He recognized the commitment and passion that people provide to these groups. Councilor Mazzitello echoed the gratitude and thanks, noting that everyone on the Council has served on an advisory commission as well. He also thanked Kevin Byrnes noting Thal he is the only commission member that was active when he was the Public Works Director. Mayor Levine thanked all of the commission members that are present tonight to support their fellow commission members. She presented plaques to those present. PUBLIC HEARING A) RESOLUTION 2023-13 VACATION OF RIGHT-OF-WAY FOR LOTS 8, AND 9, BLOCK 5, FURLONG ADDITION Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2023-13, a public hearing on aright -of --way vacation commenced by Council for Furlong Addition, Lots 8 & 9, Block 5. Councilor Paper moved to open the public hearing. Councilor Miller seconded the motion. February 2L 2023 Mwxdata Heigl¢ts City Camxcll Page 3 of II Ayes: 5 Nays: 0 Gina Norung, 1280 Lakeview Avenue, stated that she is currently the Chair of the Airport Relations Commission and wanted to provide additional context on this property. She stated that this parcel of land has a heavily used flight path overhead. She referenced statement one of the draft resolution which states that this action is not detrimental to health, safety, and welfare of the community. She encouraged the City Council to consider the input of ARC when looking at this parcel of land if there is intent to construct a single-family home. Jeff Hamel, 608 Spring Street, commented on his professional background and knowledge on the subject property, specific to flight operations. He asked that the Council consider not making this property developable for a private home. He stated that if the Council chooses to allow a single-family home to be constructed, the party should be aware of the impacts it will have because of the heavy flight path. He stated that he has received the noise complaints for over 40 years and the most common statement that is made is that if the person would have known the impacts from noise, they never would have purchased the property. He stated that if a home is allowed to be constructed, the person will have spent hundreds of thousands of dollars to construct a home directly under the noise impact zone, which is not going to change. He stated that if the City chooses to make the property available for purchase, he provided recommendations that could help to mitigate that noise. He stated that with his 40 years of experience in this field and someone that has received thousands of complaints, he is well aware of the noise that is generated from this activity. Steve Perron, 5096 Upper Afton Road in Saint Paul, stated that he supports this vacation of right-of- way. He stated that the Perron family would like to get the property back into their name as the property was bought from them in 1976. He appreciated the comments about the noise, and they would contact an acoustical engineer and speak with neighbors to ensure they were prepared for the airport noise. John Maczko, 751 Cheyenne Lane, stated that if a property is taken by a government agency and later determined not to be needed for that purpose, it should probably go back to the original owner. He asked if there are park needs in that part of the community as there are apartments in that area. He recognized that a park may not be ideal under a flight path. There being no one further coming forward to speak, Councilor Lorberbaum moved to close the public hearingI Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek stated that he did present the park concept to the Council in a previous workshop and the Council directed staff to follow this process to return the property to the original landowners. Councilor Lorberbaum asked what vacating the right -of --way would mean and whether that would make the property eligible for asingle-family home. Febramry 21, 2023 4lwfdota Heights City Council Page 4 of 11 Public Works Director Ryan Ruzek replied that because the property was acquired by the Minnesota Department of Transportation for highway purposes, that placed a stipulation on the property. He noted that stipulation has been removed, but the City is still going through this vacation process to ensure it is no longer encumbered. He stated that this action would not mean the property is being listed for sale and noted that even if the desired use were for a park, this vacation process would still be necessary. Councilor Paper referenced the comment made relating to public health and asked for elaboration. Public Works Director Ryan Ruzek replied that the language is taken from a guiding document from the League of Minnesota Cities. He noted that the Council can still discuss the future use of the property at a later date. Councilor Paper moved to adopt RESOLUTION NO. 2023-13 APPROVING ARIGHT -OF -WAY VACATION COMMENCED BY COUNCIL. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) REVIEW OF THE USE OF LIGHTS AT MARIE PARK FOR PICKLEBALL AND BASKETBALL Parks and Recreation Manager Meredith Lawrence explained that the Council is asked to evaluate the 2022 recreational light use at Marie Park and consider approving the continuation of use for 2023. Councilor Mazzitello asked if this is done at Friendly Hills as well since that park also has pickleball. Parks and Recreation Manager Meredith Lawrence replied that they do not use lights at Friendly Hills. She stated that a similar process of public engagement was followed to determine if the program should be implemented at that location as well. She stated that the neighbors spoke in opposition and the program was not implemented at that park. She noted that once the Wentworth warming house project is completed, they could consider a similar process should pickleball courts be installed at that park in the future. Councilor Mazzitello asked if similar public engagement was followed for Marie Park. Parks and Recreation Manager Meredith Lawrence confirmed they did follow that public engagement process at Marie. Mayor Levine asked if the LED lighting has been planned for Marie. Parks and Recreation Manager Meredith Lawrence replied that the conversion to LED lighting was not included in the 2023 budget, but staff will be recommending that change for 2024. She stated that the quote received in the spring of 2022 was $6,400, She stated that if the Council wanted to move that forward to 2023, staff could receive quotes. February 21, 2023 Mendota Heights City Coenscil Page 5 of 11 Mayor Levine stated that given that there has now been experience at Marie Park with the lighting, she would consider discussing the option for lighting at Friendly Hills again as well as the program has been successful at Marie. Councilor Lorbe, baum recognized that there were no complaints at Marie Park last year and asked for details on the feedback received before implementing the program at Marie. Parks and Recreation Manager Meredith Lawrence stated that one resident was concerned about the lighting program before it was implemented and confirmed that no complaints have been received since that time. Councilor Paper asked if the lights are used during the morning hours. Parks and Recreation Manager Meredith Lawrence replied that the Commission did not make a recommendation for morning lighting and recommended continuation of the program as it was in 2021, Mayor Levine welcomed the public to provide input. Cindy Johnson, 1755 Victoria, commented on the pickleball lighting program noting that she is not opposed to pickleball and agrees it is a fun sport for all. She thanked staff for the push button concept, as that is a better solution for energy savings, light pollution, and pollinators. She reviewed some of the past concerns of residents in this area related to the heavily used park. She commented that Marie Park is the place to go for pickleball because of the lower elevation and the thought is that the park would therefore be good for noise and lighting. She commented that while the park is below grade for most sides, it is at grade on the north side. She stated that sound then funnels to the north. She stated that residents to the south have more issue with the lights but the residents to the north have issues with noise. She commented that any noise that travels to the north is amplified by the pond and the lights allow the noise to continue later into the evening. She commented that Marie is the smallest of the neighborhood parks and is not designed to function as a community park. She asked why Marie is being treated as a community or regional park. She stated that these courts attract players from across the metro and increases the noise for neighbors. She stated that neighbors were not allowed to learn more prior to the installation of the pickleball courts and increase number of courts. She commented on the disruption the neighbors of the park experience from pickleball play. She asked the Council to address the noise issues by reducing the number of courts and introducing other noise mitigation efforts. Councilor Lorberbaum stated that the resident presents a lot of good ideas to address their concern with noise and lighting. She commented that there were no complaints this past year and asked staff for input. Parks and Recreation Manager Meredith Lawrence stated that there were a fair amount of calls from residents wondering why the lighting was not available at Friendly Hills as well. Councilor Paper asked if it would be possible to move the tournament to different locations rather than locking it in at Marie. Parks and Recreation Manager Meredith Lawrence stated that staff is planning to hold two tournaments, one at Marie Park in May and another in August. She confirmed that the location could be changed if February 21, 2023 Mendota Heights City Comxedl Page 6 of I7 desired. She commented that the court surface at Marie Park is a bit less course, which is why that location is typically chosen. Councilor Paper asked the feedback on the Friendly Hills court from those that use it. Parks and Recreation Manager Meredith Lawrence commented that overall, Lite feedback received has been positive, but the Marie Park courts are more heavily used. She commented that the rink was not repaved when the acrylic surfacing was applied. She stated that if they resurface again it will continue to fill in the gaps in the future, but the surface at Marie is a bit smoother. Councilor Mazzitello commented that for a road project or other improvement project, they speak with the immediate adjacent neighbors. He stated that everything the City does is built for the public, but that is balanced against what that means for those immediately around the site. He stated that he does not have a comfortable feeling that happened at Marie Park. He agreed that Marie Park is the smallest neighborhood park and is also the busiest because of what the City put there. He believed that there would be benefit to address some of the items that were brought forward, such as noise abatement. He stated that he would also like to see lighting extended to the other parks with pickleball to ensure that those parks are treated equally. Mayor Levine commented that she believes the ideas brought forward by Ms. Johnson should be considered and supported the use of evergreen buffers. She stated that she is a pickleball player that often plays in the morning hours. She noted that typically there is a break in the afternoon where pickleball is not being played. She stated that she lives near Marie Park and often there are neighbors playing at the courts. She stated that there was public engagement prior to implementation of the lighting program and asked staff for input. Parks and Recreation Manager Meredith Lawrence stated that individual mailings were sent to the neighbors of the park in 2020 prior to implementation of the lighting program. She reported that two comments of concern were received, and the remainder of resident input was in support of the lighting program. She stated that engagement was also done at Friendly Hills last spring and one resident spoke in opposition. She stated that tonight staff is looking for direction on whether to continue the 2022 lighting program into 2023, whether they should move forward with engagement at Friendly Hills, and whether this is something the Council would like to continue annually. She stated that staff would also be willing to look into noise abatement measures at Marie Park. Councilor Mazzitello asked that noise abatement measures be reviewed for all parks with pickleball courts. Mayor Levine commented that the Council made the direction to have an annual review and stated that there is also a caveat that would allow staff to turn the lights off at any time if issues arise. She stated that if there is an issue, the residents will let them know. She stated that she walks next to the park daily and speaks with residents on a regular basis. She stated that the residents love the vibrancy of the park and love living near the park, as does she. Councilor Miller stated that he supports continuing the lights in 2023, with the idea that it is reviewed annually, and that staff would continue to have the ability to turn the lights off if needed. He agreed that it would be beneficial to begin the public engagement again for Friendly Hills as it would make sense to February 21, 2023 Mendota Heights City Caunci7 Page 7 oj11 spread out those players between different parks. He was curious to see the ideas for noise mitigation, especially at Friendly Hills because of the lack of space in that area. Parks and Recreation Manager Meredith Lawrence stated that staff has looked at Friendly Hills to try to add trees as a buffer for the hockey season. She stated that there was not enough space for trees in that location as it is used for snow storage, but staff can look at different ideas. Councilor Paper stated that perhaps a sound fence could be used that would also provide opportunity for public art. Parks and Recreation Manager Meredith Lawrence confirmed that there are different mechanism for noise mitigation and that is something they can look into. Mayor Levine asked that the annual review be for all of the pickleball facilities and not just one park. She wanted to ensure that all facilities are treated equitably, recognizing that they are all very different parks. Councilor Mazzitello moved to approve THE USE OF LIGHTS FOR EVENING PICKLEBALL AND BASKETBALL PLAY AT MARIE PARK AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION FOR THE 2023 SEASON, DIRECTING STAFF TO EXPLORE NOISE MITIGATION EFFORTS TO BE REVIEWED BY THE PARKS AND RECREATION COMMISSION, AND THAT THE PICKLEBALL LIGHTING PROGRAM AT ALL FACILITIES BE REVIEWED ANNUALLY. Further discussion: Parks and Recreation Manager Meredith Lawrence asked and received confirmation that staff should also complete the public engagement process for a lighting program at Friendly Hills, Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Bl APPOINTMENT OF THE. BUILDING OFFICIAL City Administrator Cheryl Jacobson provided a brief background on this item. The City of Mendota Heights is required to have a designated Building Official, and for the past ten years has contracted with Mike Andrejka of A to Z Home Inspections for services. Mr. Andrejka has announced his retirement effective at the end of the month. Councilor Lorberbaum noted the 90-day termination clause and asked if there was a contract length. City Administrator Cheryl Jacobson replied that there is no length for the contract, noting that it would be reviewed and could be terminated by either party with a 90-day notice. Mayor Levine noted that the budget included $101,000 for this service and asked for more information from staff. February 21, 2023 dlendota Heights City Comxcid Page 8 of I Z Finance Director Kristin Schabacker stated that this is different as the City was previously charged at an hourly rate whereas this will be a percentage of permit and plan review fees. Mayor Levine commented that the software will be a large cost -savings to the City, which is a benefit. She asked if the City will be able to tie in the software to the new website for the users. City Administrator Cheryl Jacobson confirmed that there will be a link on the City website linking to that portal and noted that City staff will also have access to that portal for reporting. Councilor Paper asked if the consultant would ever be at City Hall. City Administrator Cheryl Jacobson replied that the firm would not need office space but would be available to meet residents at City Hall or the building site. Councilor Paper asked if the fee is similar to other communities. City Administrator Cheryl Jacobson replied that fee was five percent less than the other two proposals the City received. Councilor Paper noted that there is an apartment building under construcfion and asked how the fees would work for that property. Finance Director Kristin Schabacker replied that building permit fee has been paid. City Administrator Cheryl Jacobson replied that the firm is aware of that complex being built and the future building that will be constructed. She stated that there will be additional discussion for the current building under construction. Councilor Paper agreed that the soflwaze is a great addition that will help everyone. Councilor Mazzitello asked if the software is proprietary. City Administrator Cheryl Jacobson provided details on the software used and did not believe it was proprietary to the firm. She confirmed that the City would own the data that is produced. Councilor Mazzitello stated that in the proposal the City asked that the provider provide code enforcement and rental inspections and asked if that is included in the scope of work. City Administrator Cheryl Jacobson replied that the company would handle those duties if asked. She noted that because of the open positions at the City, she was forward thinking in the proposal scope to ensure that the consultant could assist with those duties if needed. She confirmed that would be a discussion with the Council in the future as it would have additional budget impacts. Councilor Mazzitello commented that the change from hourly to a percentage fee will impact the building department and that should be part of the budget discussions this year. February 21, 2023 Mendota Heights Ciry Council Page 9 of II Councilor Mazzitello moved to approve THE SELECTION OF INSPECTRON, INC. AND MARK LUOSTARI TO SERVE AS THE CITY'S BUILDING OFFICIAL AND FOR THE PROVISION OF BUILDING INSPECTION AND PLAN REVIEW SERVICES AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE NECESSARY AGREEMENTS FOR SERVICE. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 C) REVIEW AND WALK THROUGH OF CITY WEBSITE Assistant City Administrator Kelly Torkelson provided background information on this item. In 2022 the City Council directed staff to work with CivicPlus, a website vendor, to redesign the City's website. That project is now complete, and staff presented the revised City website to the Council. Councilor Paper thanked staff for the work on this item. He asked if this would make it easier to access older minutes. Assistant City Administrator• Kelly Torkelson replied that there is an agenda center that allows minutes and agendas to be pulled up in PDF format. She stated that people can even search for specific topics and agendas/minutes will be pulled up. Councilor Mazzitello coxnrnented that in the past some archived information was hosted by other platforms and asked if those views were accounted for. He noted the frustration expressed by people looking through past agendas/minutes. Assistant City Administrator Kelly Torkelson replied that she did not believe that the analytics from the other platforms were collected in the past. She commented that the previous website did not have an agenda center and used an external platform, whereas this agenda center tool will fill that gap and make it easier for users. Councilor Lorberbaum thanked staff for addressing the question related to the information collected by the City through the website. Mayor Levine also thanked staff for the improvements to the website, noting that the calendar will be a huge benefit for the community. l4r61a•u>h1r�•vu1�l"12140auUNOW City Administrator Cheryl Jacobson announced upcoming events and activities. COUNCIL COMMENTS Councilor Miller stated that on March 15 the Mendota Heights Fire Department will have applications available online for hiring. He noted that the department is only as strong as its community and encouraged people to apply. He noted that four to six new firefighters will be hired. February 21, 2023 Mendota heights Cidy Council Page 10 of Il Councilor Lorberbaum reminded residents of the Mendota Heights Community Foundation best idea grant, encouraging residents to apply with their ideas. She stated that the Par 3 bond has been paid off and there will be a party to celebrate. She welcomed residents to send ideas for the celebration to staff. She thanked City staff, residents, and businesses for their participation in the Frozen Fun Fest which was a great event that will continue to grow. She noted the upcoming Coffee with the Council on March 16 which will be held at 5 p.m. Councilor Paper commented that tonight was great, recognizing four outgoing commission members noting that it was great to have so many present and former commission members present. He wished Mike Andrejka the best in his retirement. He stated that he is very excited about the new software for building inspections. He stated that the new website will also be great for residents to find information and thanked staff for their hard work. Councilor Mazzitello echoed the comments of gratitude to the commission members, both past and present. He stated that he and Councilor Lorberbaum had a great Coffee with the Council recently at the Par 3 and encouraged more residents to attend future sessions. He also echoed kudos for Mike Andrejka, who he brought on board ten years ago and was a great addition to the City, noting that he went above and beyond to help residents. He encouraged residents to follow the Mendota Heights Police Department on Facebook as it provides great advice during snow events. He also commented the Public Works crew that will be working long hours this week. Mayor Levine also thanked the Public Safety and Public Works departments for their work. She asked residents to not park on the road. She thanked the retiring commission members for all that they have done. She commented that Frozen Fun Fest was a blast to attend noting that everyone she came across was having a great time. She commented on the popularity of all the different events and thanked all the volunteers that helped to make the event a success. She also recognized Parks and Recreation Manager Meredith Lawrence who has been recognized at one of the 30 under 30 in parks and recreation nationally. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:56 ATTE Stephanie B. Levine Mayor C isf i City Clerk February 21, 2023 Mendota Heights City Courscil Page 11 of 11