2023-07-18 CC MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 18, 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.
MOMENT OF SILENCE IN MEMORY OF OFFICER SCOTT PATRICK, EOW JULY 30, 2014
The Council and those present observed a moment of silence for Officer Scott Patrick who was killed in
the line of duty on July 30, 2014. She noted that on Tuesday, July 30 at noon there will be a memorial on
the corner of Smith and Dodd.
Mayor Levine presented the agenda for adoption. Councilor Paper moved adoption of the agenda.
Councilor Mazzitello 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 calendar as
presented,
pulling items C, E, F and G.
Acknowledged. 1Report
Dena4ierisD-
f, X�airAment of Dan johnsen as the Mendota Heights Fife D.
partment Trairung
O_
cvrrsnv-nns an za Es Civil Aviation -Noise -Pvmy
h. Approve Alcohol License Renewals
i. Acknowledge May 2023 Fire Synopsis
j. Acknowledge June 2023 Fire Synopsis
k. Approval of Claims List
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
C) APPROVE RESOLUTION 2023-40 DECLARING SKATE PARK EQUIPMENT
SURPLUS AND AUTHORIZING THE SALE OF THE ITEMS
Mayor Levine commented that the skate park is being redone and the City is offering the opportunity for
the public to purchase the surplus equipment.
Mayor Levine moved to approve RESOLUTION NO. 2023-40 DECLARING SKATE PARK
EQUIPMENT SURPLUS AND AUTHORIZING THE SALE OF THE ITEMS.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
E) APPROVE RESOLUTION 2023-41 ACCEPTING DONATIONS TO THE CLIFF TIMM
MEMORIAL FISHING DERBY
Councilor Lorberbaum asked what would be done with the list of items received, whether those items are
going to be given as equipment to use for those without equipment or whether those items are going to be
given away as prizes.
Parks and Recreation Manager Meredith Lawrence commented that the items will be given away as prizes
at the event. She stated that the event will be held at 4 p.m. on Thursday, July 20 at Rogers Lake Park;
registration is required and she believed two spots were still available.
Councilor Lorberbaum moved to approve RESOLUTION NO.2023-4I ACCEPTING DONATIONS TO
THE CLIFF TIMM MEMORIAL FISHING DERBY.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
F) AUTHORIZE THE APPOINTMENT OF DAN JOHNSON AS THE MENDOTA HEIGHTS
FIRE DEPARTMENT TRAINING OFFICER
Councilor Miller commented that This is a slam dunk. He stated that since Dan Johnson's arrival he has
been top shelf, participating in committees and leadership decisions. He stated that Dan Johnson helps to
July 18, 2023 Mendota heights C'ry Council Page 2 of 6
make the department more effective and efficient. He noted that Mr. Johnson's wife is also a firefighter
in the department. He thanked Dale Stein who had been the previous training department lead, noting that
he is pursuing higher education at this time.
Councilor Paper echoed the comments of Councilor Miller noting that an Johnson is an exemplary
citizen and a great addition to the community. He was happy that Mr. Johnson was willing to take on this
additional role.
Mayor Levine commented that there are not a lot of departments that conduct training in-house and the
City is grateful for the efforts of the department.
Councilor Paper moved to authorize APPOINTMENT OF DAN JOHNSON AS THE MENDOTA
HEIGHTS FIRE DEPARTMENT TRAINING OFFICER.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
G) APPROVE ENDORSEMENT OF THE MSP NOISE OVERSIGHT COMMITTEE'S
RESPONSE LETTER TO REQUEST FOR COMMENTS ON THE FAA'S CIVIL AVIATION
NOISE POLICY
Councilor Lorberbaum noted the top of page 28 and stated that she had a small grammatical change.
City Administrator Cheryl Jacobson stated that the Metropolitan Airports Commission has approved the
letter for submission and therefore it is not possible to make grammatical changes.
Councilor Lorberbaum moved to approve ENDORSEMENT OF THE MSP NOISE OVERSIGHT
COMMITTEE'S RESPONSE LETTER TO REQUEST FOR COMMENTS ON THE FAA'S CIVIL
AVIATION NOISE POLICY.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
Roberta Parnell commented that a contractor she hired came into her home and caused about $4,000 in
damage. She stated that she threatened to sue for damages and the contractor called the Mendota Heights
Police Department to file a false complaint against her. She stated that a former member of the department,
entered her home without proof or cause, and she was assaulted.
Mayor Levine asked if this is a personnel issue and asked legal counsel for an opinion.
Roberta continued to detail the injuries she experienced because of the incident.
Mayor Levine asked the resident to pause because this is a personnel issue. She commented that the
resident is welcome to speak but cannot speak on personnel issues.
July 18, 2023 Mendota heights Clry Comxeil Page 3 of 6
Roberta continued to detail her experience and the losses she has experienced as a result of this inci(jent.
She stated that she and her family have been threatened and there continues to be justification from the
department and the Council. She commented that her case has been buried.
Mayor Levine thanked the resident for her comments.
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No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) RIGHT-OF-WAY LICENSE AGREEMENT FOR 1831 WALSH LANE
Public Works Director Ryan Ruzek explained that Dale and Julia Lauwagie are seeking aRight-of--Way
License Agreement from the City to install a new four -foot ornamental wrought iron fence in their side
yard, and within the abutting Windwood Court right-of-way.
Dale and Julia Lauwagie, applicants, commented that the old fence was taken down before the next crew
came out to install the new fence and that is when they discovered the issue with the property line. Julie
Lauwagie noted that they may not have chosen to remove the fence if they would have known about the
property line issue. She noted that they have been without a fence for three weeks which has caused an
issue for their dogs and grandkids.
Councilor Paper asked the length of the license.
Public Works Director Ryan Ruzek replied that the license is issued to the homeowners and therefore if
the home were vacated by the residents, the license would be dissolved.
Councilor Lorberbaum moved to approve THE RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN
THE CITY OF MENDOTA HEIGHTS AND DALE AND NLIA LAUWAGIE OF 1831 WALSH
LANE,
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
B) ORDINANCE 578 AMENDING NO PARKING AREAS ON WARRIOR DRIVE
Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being
asked to approve Ordinance 578 amending City Code; Title 6, Chapter 3, Section 3 establishing parking
restrictions on Warrior Drive.
Councilor Paper asked if this area is currently no parking.
July I8, 2023 Mendota HeighKs City Council Page 4 aj6
Public Works
Director Ryan Ruzek
confirmed
that students no not use the cul-de-sac for parking and
parking in that
area typically only occurs during
events.
Councilor Lorberbaum asked the time school ends and why a time of 2 p.m. was chosen.
Public Works Director Ryan Ruzek stated that he believed 2 p.m. was chosen as students would not be
arriving after that time. He was not aware of any issues with the time restriction area.
Mayor Levine asked if staff has spoken with Dr. Johnson, or other members of administration at Two
Rivers,
Public Works Director Ryan Ruzek replied that staff has not because the School District is already aware
that the cul-de-sac is not allowed for parking. He commented that this is a small cul-de-sac and parking
would cause issues.
Councilor Mazzitello moved to adopt ORDINANCE NO. 578 AMENDING TITLE 6, CHAPTER 3,
SECTION 3 OF THE CITY CODE,
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
C) APPROVE CONSTRUCTION SERVICES CONTRACT FOR THE ROGERS LAKE SKATE
PARK
Public Works Director Ryan Ruzek
stated that
the Council
is asked to authorize a professional services
contract for construction services on
the Rogers
Lake Skate
Park Project,
Councilor Paper asked for details on the professional services that were aheady paid for.
Public Works Director Ryan Ruzek reviewed the work that was already completed by Bolton & Menk
including soil borings and soil analysis, which led to the recommendation for pavement thickness and
design specifications. He stated that the firm also assisted with the bidding process. He noted that the
project needed to be redesigned and rebid as well.
Councilor Paper asked if the firm would be handling project management duties.
Public Works Director Ryan Ruzek confirmed that the firm could be considered a project manager.
Councilor Mazzitello asked if other quotes were solicited or whether Bolton & Menk was chosen because
they were already involved in the project from the beginning.
Public Works Director Ryan Ruzek replied that quotes were not solicited for this stage of the project as
Bolton & Menk was already under contract for the first phase.
Councilor Mazzitello moved to authorize STAFF TO EXECUTE A PROFESSIONAL SERVICES
CONTRACT WITH BOLTON & MENK FOR $29,551.
Councilor Miller seconded the motion.
July I8, 2023 Mendota Heights City Council Page 5 of 6
Ayes: 5
Nays: 0
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City Administrator Cheryl Jacobson announced upcoming events and actives.
COUNCIL COMMENTS
Councilor Miller recognized MnDOT staff that were instrumental in clearing obstnrctions at Wagon
Wheel and Dodd. He also commended the Police Department who provided assistance on a Fire
Department call over the weekend. He commented that people often encounter the police on a bad day in
their life and the department often does not receive the praise it deserves.
Councilor Lorberbaum
noted an opening on the
Natural Resources Commission and
advised that the
Council held interviews
today. She stated that she
continues to be amazed by the quality
of applicants the
City receives and noted
that the City is very lucky
to have its residents.
Councilor Paper thanked Mayor Levine for participating with Beyond the Yellow Ribbon at the Mendota
Days parade.
Councilor Mazzitello noted that Night to Unite provides a wonderful opportunity for people to meet their
neighbors and also meet elected officials that travel to different parties throughout the community. He
commented that he and Mayor Levine had a great time at Coffee with the Council at the Copperfield. He
encouraged residents to attend one of the upcoming sessions as it provides an opportunity for informal
conversations. He also reminded residents of the memorial for Officer Scott Patrick on July 30 at noon at
the corner of Smith and Dodd.
ADJOURN
Councilor Mazzitello moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Levine adjourned the meeting at 7:38 p.m.
Stephanie B. Levine
Mayor
ATT T:
Tv��
C e Lusi
City Clerk
July I8, 2023 Mendota Heights City Council Page 6 of 6