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2023-09-05 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 5, 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, and Mazzitello, were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Paper moved approval of the consent calendar as presented. a. Approval of August 15, 2023 City Council Minutes b. Approval of August 15, 2023 Council Work Session Minutes c. Approve the August 17, 2023 City Council Work Session Minutes d. Approve the August 22, 2023 City Council Work Session Minutes e. Acknowledge the July 12, 2023 Natural Resources Commission Meeting Minutes f. Approve Purchase Order for Manhole Lining at 1455 Mendota Heights Road g. Approve Purchase Order for Compact Wheel Loader, Plow, and Snowblower h. Approve Purchase Order for Manhole Sealing on Mayfield Heights Lane i. Approve Purchase Order for Public Works Truck and Snow Plow j. Resolution 2023-54 & 2023-55 Ordering Preparation of Feasibility Reports for the Friendly Hills Neighborhood Improvements and Bridgeview Shores Street Improvements k. Approve Amendments to the Non -Union Compensation Plan and Pay Matrix Effective October 1, 2023 1. Authorize Seasonal Compensation Matrix Revision m. Approve the Police Sergeant Promotional Hiring n. Authorize the Hiring of Police Officer Mark McKemon o. Authorize Appointment of Chris Perrault as Fire Captain p. Declare Police Department Property as Surplus and Transfer of Ownership q. Acknowledge June 2023 Par 3 Financial Report r. Approval of Claims List Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 No one from the public wished to be heard. No items scheduled. PRESENTATIONS PUBLIC HEARING A) STREET RECONSTRUCTION PLAN FOR VICTORIA CURVE STREET IMPROVEMENT PROJECT Stacie Kvilvang, Ehlers, explained that the Council was being asked to hold a public hearing regarding the Street Reconstruction and Overlay Plan (SROP) and approve the proposed resolutions for the issuance of bonds for the Victoria Curve Street Improvement Project, Councilor Lorberbaum asked if residents could purchase bonds. Ms. Kvilvang stated that bonds are bid competitively and if a resident had interest in doing so, they would go through their broker or bank and would not purchase them individually. Councilor Paper moved to open the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello asked and received confirmation that the actions before the Council should be considered separately. September 5, 2023 Mendota Heights City Council Page 2 of 10 1. APPROVE RESOLUTION 2023-52 ADOPTING A STREET RECONSTRUCTION AND OVERLAY PLAN AND APPROVING THE ISSUANCE OF GENERAL OBLIGATION STREET CONSTRUCTION BONDS Councilor Mazzitello moved to adopt RESOLUTION NO, 2023-52 ADOPTING A STREET RECONSTRUCTION AND OVERLAY PLAN AND APPROVING THE ISSUANCE OF GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, Councilor Paper seconded the motion. Ayes: 4 Nays: 0 2. APPROVE RESOLUTION 2023-53 PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2023A Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-53 PROVIDING FOR THE SALE OF $1,050,000 GENERAL OBLIGATION STREET RECONSTRUCTION BONDS, SERIES 2023A. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2023-50 MRCCA PERMIT FOR PLANNING CASE 2023-13 (JON AND HILLARY LENZ, 1666 MAYFIELD ROAD) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution of approval for a Mississippi River Corridor Critical Area (MRCCA) Permit at 1666 Mayfield Heights Road for a home addition and landscape improvements as proposed by the owners, Jon and Hillary Lenz, Councilor Lorberbaum asked if dirt would be brought into the site or hauled out as a result of the slope work. Planning Consultant Jennifer Haskamp commented that she did not believe that anything would be brought onsite, noting that typically a project aims to balance out materials rather than hauling out. Councilor Paper asked if the water from the property drains over the curb or whether it is retained on the property. Public Works Director Ryan Ruzek replied that the street is higher than the home on the west side, but water would flow over the curb on the north side. Mayor Levine invited the applicant to speak. Jon Lenz, applicant, commented that he and his wife have lived in the home for six years and would like to expand the home to fit their growing family. He commented that they do not plan to remove dirt from the site and would use the material to regrade. September S, 2023 Mendota Heights City Council Page 3 of IO Councilor Mazzitello moved to adopt RESOLUTION 2023-50 APPROVING A MRCCA PERMIT AT 1666 MAYFIELD HEIGHTS ROAD, Councilor Lorberbaum seconded the motion. Further discussion: Mayor Levine commented that she appreciates Lite deliberation of the Planning Commission and desire of the homeowner to expand their home to grow their family. Ayes: 4 Nays: 0 B) APPROVE ORDINANCE NO. 579 ZONING CODE TEXT AMENDMENT FOR PLANNING CASE 2023-14 (DROP SHOT, LLC) Planning Consultant Jennifer Haskamp provided a brief background on this item. The applicant and owner of 1415 Mendota Heights Road, Glenn Baron on behalf of Drop Shot, LLC is requesting an amendment to the City Code, Title 12 Zoning. The applicant has requested a text amendment to add Commercial Outdoor Recreation by Conditional Use Permit in the Industrial Zoning District. Councilor Lorberbaum commented that in other existing ordinances there are criteria and parking ratios. She commented that she would feel more comfortable having the parking ratios included before considering approval. Planning Consultant Jennifer Haskamp commented that the draft language states that adequate parking must be provided to correspond to the use. She stated that indoor or outdoor commercial recreation is not included in the parking ratio table and therefore similar use types are used. She explained that they would use a similar use in the table to calculate the number of stalls required for the outdoor space, depending on how the outdoor space would be used. Councilor Lorberbaum stated that she would like more language included that references the table. Planning Consultant Jennifer Haskamp commented that they could make a cross reference to the table if desiredI Mayor Levine commented that the word adequate would encompass the use of the table. Councilor Lorberbaum commented that while it is nice that Mayor Levine interpreted it in that way, not everyone will and therefore she would like additional language included. Councilor Mazzitello suggested additional language that could satisfy the concern of Councilor Lorberbaum. He noted that this would be a Code amendment and not tied to a specific project and used the example of an indoor gym, such as Lifetime, that could then request outdoor space. He noted that the parking for the outdoor space would then also be based on how the parking was calculated for the indoor use. Planning Consultant Jennifer Haskamp confirmed that to be true. Septen36er 5, 2023 Mendota Heights City Council Page 4 of 10 Mayor Levine agreed with that suggested language as it would tie to the principle use. Planning Consultant Jennifer Haskamp provided language that could be used to encompass those thoughts and address the issue of parking calculation. Councilor Paper commented that this would be a broad change to commercial spaces that would allow for redevelopment. Planning Consultant Jennifer Haskamp commented that would be true within the industrial area. Councilor Paper commented that this would seem to create more flexibility for redevelopment. He used the scenario of someone coming forward with a request that would like to serve alcohol and how that would mix with other industrial uses. Planning Consultant Jennifer Haskamp commented that would fall under liquor licensing and the issue of indoor service versus outdoor. She provided the example of a brewery which can often go within industrial areas, noting that often outdoor spaces for breweries can require fencing and other mitigation efforts. She stated that process would still go through the public hearing process for a Conditional Use Permit, and they could place additional conditions upon the use. Sheldon Voss, future General Manager of Drop Shot, LLC, commented that the business is currently under construction. He stated that they are excited to be joining Mendota Heights and hope to be able to have some outdoor courts for summer use. Glenn Baron, applicant, stated that he is the owner of the property and a partner in the business. He echoed the comments of the previous speaker noting that they believe that this will be an amenity for the community and hope to offer both indoor and outdoor play. Councilor Paper asked if there is an anticipated target for memberships and whether there would be a cap. Mr. Baron replied that there would not be a specific cap and hope to have between 250 and 300 members. Councilor Lorberbaum thanked the applicants for allowing her to tour the site to better understand the requestI She wished the business much luck. Councilor Mazzitello moved to adopt ORDINANCE NO. 579 AMENDING TITLE 12 ZONING OF THE CITY CODE. Councilor Paper seconded the motion. Further clarification: Councilor Lorberbaum asked if the motion includes the additional language as suggested by staff. Councilor Mazzitello confirmed that he would include the amended language for Item C. Councilor Paper commented that this could be an opportunity to provide more flexibility for redevelopment within the industrial district, which is a win for the community. Septer�eber 5, 2023 �l4endata Heig$ts Cr�g+Coeaecil Pnge 5 of 10 Ayes: 4 Nays: 0 C) APPROVE RESOLUTION 2023-56 LOT CONSOLIDATION AND TERMINATION OF DEVELOPMENT AGREEMENT FOR PLANNING CASE 2023-16 (SD CUSTOM HOMES) Planning Consultant Jennifer Haskamp stated that the applicant, Sean Doyle on behalf of Lakes LLC is requesting approval to consolidate two existing platted lots into one lot, and to terminate the Development Agreement associated with the Audrey Subdivision Final Plat. The purpose of this request is primarily to terminate and dissolve the Development Agreement and its improvement responsibilities because an adequate agreement for the private shared driveway could not be reached with the surrounding neighbors. To terminate the responsibilities associated with the Development Agreement, no more than two lots could be associated with the plat, which requires a lot line adjustment and/or consolidation. Councilor Lorberbaum asked the lot sizes for each of the three lots. She noted that when reviewing the home listed for sale, it appeared to be the entire parcel rather than just the one lot. Planning Consultant Jennifer Haskamp replied that the consolidation would be of lots two and three which are vacant. She stated that perhaps the MLS listing makes the property look larger than it is. Public Works Director Ryan Ruzek reviewed the three lot sizes. Councilor Lorberbaum commented that she attempted to drive in the driveway, but it did not look fmished. She commented that within the Development Agreement, it states that the new driveway must be completed prior to the certificate of occupancy (CO) for the first home constructed. She stated that per the Development Agreement, the first home should not have obtained the CO prior to the driveway being completed. Planning Consultant Jennifer Haskamp commented that the CO has been held for the first property listed la e' She stated that the covenant to construct the joint driveway that was referenced, is from the 1990s and not the covenant associated with the Development Agreement. Councilor Lorberbaum asked if the covenant would then be valid if the Development Agreement is terminatedI Plamring Consultant Jennifer Haskamp confirmed that would be true. Public Works Director Ryan Ruzek commented that the bituminous driveway mentioned in the original covenant was constructed 30 years ago. He commented that there is a utility home in the driveway that would still be patched. Councilor Paper asked if the home would need to be sprinkled. September S, 2023 Mendota Heights City Council Page 6 of IO Public Works Director Ryan Ruzek replied that he spoke with the Fire Chief and if there are just the two new homes, the Fire Department would not have any conditions related to hydrants or sprinkling. He stated that if a third home were added, those requirements would be triggered. Councilor Paper commented that heavy equipment for construction would seem to cause damage to the driveway. Public Works Director Ryan Ruzek replied that the original covenant does address that type of damage. He stated that the private driveway agreement would dictate those terms as that is a private agreement between those four or five parties. Councilor Paper commented that they are in a situation where this group could not come to an agreement, so the third lot cannot move forward but now they are supposed to believe that this group could come to an agreement on the driveway repair. Public Works Director Ryan Ruzek commented that he believed the neighbors and builder had good conversations but were ultimately not able to come to an agreement on the third home. Mayor Levine asked the number of flag lots. Public Works Director Ryan Ruzek identified the flag lots. Councilor Mazzitello clarified that there are lots that do not have any frontage onto Dodd and only upon this private drive. Public Works Director Ryan Ruzek commented that there are four total lots that would not have appropriate frontage, but if this action is approved that number would be reduced to three lots. Mayor Levine invited the applicant to speak. Sean Doyle, applicant, introduced himself. Councilor Mazzitello asked for input on the process for driveway repair under the original covenant, should the driveway be damaged by construction equipment. Mr. Doyle commented they do have a home that is built, and they are unable to obtain a CO. He stated that they were unable to come to an agreement on the shared driveway amendment that would be required. He stated that this is a 30-year-old asphalt driveway that they were going to replace as part of their project. He stated that they would be patching the sections dug out for utilities. He commented that they have not spoken more in depth about the driveway maintenance. Councilor Paper asked the proposal to fix damage that could be caused by construction equipment. Mr. Doyle commented that would be an issue that would need to be discussed at some point. He commented that it is an old driveway. He stated that one month ago he planned to replace the entire September 5, 2023 Mendota HerghXs City Council Page 7 of IO driveway at his cost but removing one lot from the equation does change things. He stated that they are trying to find a way to move forward. He noted that it is a private matter between the parties to resolve. Councilor Paper commented that his concern is that construction equipment causes additional damage, above wear and tear, on a 30-year-old driveway. He believed that something should be agreed upon rather than trying to work it out later. Mr. Doyle commented that the issue with as are veway is that neighbors often have different opinions on maintenance. He again noted that it is an agreement between the private parties, and he does not want to be the test subject for something that could further handcuff him. He stated that he took over the development after it was through preliminary plat, with the understanding that the neighbors had some understanding of what was going on. He stated that he is open to reasonable discussion but does not want to be handcuffed into something that would not allow them to move forward. He commented that he would be a willing party and reasonable in discussion but needs to move forward. Sherry Klehr, 1768 Dodd Road, commented that they built their home in 1998 and the driveway was not constructed until the three homes were constructed. She commented that they are aware that the driveway has wear and tear. She cormmented that they were also aware that the Petersons wanted to sell their property. She stated that they are going to be happy to have the neighbors. She commented that this proposal makes sense, and they would like the driveway back to its normal state when construction is completed. She stated that the driveway does have wear and tear and there are portions of gravel from the utility work. She stated that this has been a neighborly thing and they did not realize that the change would require a formal agreement. She noted that they have always handled maintenance in a neighborly way and do not want a formal agreement that would require a company to be hired. Kathleen Orme, 1760 Dodd Road, stated that they purchased the home in 1992, which is when the driveway agreement was written. She stated that it was made clear that 1760 Dodd Road would not be responsible for any maintenance costs at any time in the future. She noted that the driveway was eventually raised and tilted towards their home, which led to flooding issues. She commented that any work that is completed on the driveway should address proper drainage. She commented that they believe that one home would be better than multiple homes. She noted that they support the continued private agreement. She noted that they do have concern with the condition of the driveway and impact of construction vehicles, stating that they would want the driveway repaired to the current condition after construction. Mayor Levine commented that the role of the Council is to review the lot line adjustment, acknowledging that there is a consequence of the lot line adjustment which will be the construction of a home and that could cause issues with the driveway. She commented that the Council is not here to discuss the driveway as that is a private matter between the residents. She encouraged the Council to focus on the lot line adjustment. Planning Consultant Jennifer Haskamp commented that it is a lot line adjustment and Development Agreement termination, which would revert then back to the original covenant for the driveway. September 5, 2023 Mendota Heights City Couiteil Page 8 of 10 Councilor Mazzitello moved to approve THE LOT LINE ADJUSTMENT (CONSOLIDATION OF LOT 2 AND LOT 3 OF THE AUDREY SUBDIVISION) AND TERMINATION FO THE DEVELOPMENT AGREEMENT EXECUTED JANUARY 20, 2022, BASED ON THE FINDINGS OF FACT, Councilor Paper seconded the motion. Further discussion: Councilor Mazzitell0 commented that this is a great example of why a shared driveway is not a good idea. He stated that a shared driveway often works well between the original property owners, but issues arise when properties change hands. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming events and activities. COUNCIL COMMENTS Councilor Mazzitello welcomed a new business to the community and encouraged residents to try the diner. He referenced the resolution approved authorizing preparation of the roads in the Friendly Hills neighborhood. He noted that the road reconstruction plan began 28 years ago with the Friendly Hills neighborhood. He commented on recent attendance of the public works conference in San Diego, noting that it was a great event. He noted a local high school football game that will be played at TCO Stadium on September 15th Councilor Lorberbaum recognized Labor Day, which is not about bazbeques, fairs, or school starting but rather the achievement of American workers and what they have built together. She recognized the work of Representative Ruth Richardson. Councilor Paper welcomed a new Officer to the community and congratulated the Fire Captain. Mayor Levine wished all the students in the community a great year. She encouraged drivers to stay vigilant and pay attention to school bus stop arms. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:37 Step''li B. Levine Mayor ATTEST: September 5, 2023 Mendota Heights City Council Page 9 of IO / Z, ChAstft e Lusi City Clerk September S, 2023 Mendota Heights City Council Page 10 of IO