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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. I� 7�.y�►Mll�ll[�7�[� 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 CK� �dul]T� 11►1Yr`/: ►1�� �C�III�C�I�I�Y.� 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