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2023-09-19 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 19, 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 (arrived at 7:10 p.m.), 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 Lorberbaum seconded the motion. Ayes: 4 Nays: 0 POLICE OFFICER AND POLICE SERGEANT SWEARING IN/OATH OF OFFICE Police Chief Kelly McCarthy stated that in the past year the Mendota Heights Police Department has onboarded officers Daniel Iverson, Caleb Kittock3 Hunter Hubner, and Donovan Barr. These officers have completed their FTO with the department and are prepared to take their official oath of office to be sworn in as Mendota Heights Police Officers. In addition, Peter Renteria will also be sworn in as the department's newest Police Sergeant. Mayor Levine administered the Oath of Office to Officers Daniel Iverson, Caleb Kittock, Hunter Hubner, Donovan Barr, and Sergeant Peter Renteria. Councilor Miller arrived. CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendaz as presented, pulling items E, G, and M. a. Approval of September 5, 2023 City Council Minutes bI Acknowledge Natural Resources Commission August 9, 2023 Meeting Minutes c. Acknowledge Parks and Recreation Commission August 8, 2023 Meeting Minutes d. Approve Rescheduling the December 5 Regular City Council Meeting e Uesol..t:,.n 2021 no ➢Ient o., r•e„a:aete,. Register for W,.:te r.. f. Ordinance 580 Establishing No Parking Area on Riverside Lane g. Desebit:..., 2023 57 Quppe, ing the Dakota County 2024 2028 Gap4el Improvement Dl..B h. Award Professional Services Contract for the Marie Park Pond Improvement Plan i. Approve Agreement with Dakota County Soil and Water Conservation District for Victoria Curve Rain Gardens j. Resolution 2023-60 Approving an Administrative MRCCA Minor Development Permit to 1125 Orchard Circle k. Denial of Massage Therapist License I. Authorize the Hiring of Police Officer Logan Welter ffil Appfeve Genununity Development Manager and Assistant City Engineer job Desefipfiens an n. Approve July 2023 Treasurer's Report o. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS E) RESOLUTION 2023-49 ELECTION CANDIDATES REGISTER FOR WRITE-IN Mayor Levine provided clarification on the process for a write in candidate to request that their votes are individually counted per the new legislaflve statute. She commented that she is troubled by that process as a write in candidate could have one less vote than another candidate and it would not be known. She suggested that the Council set a significant number to require counting of those votes and asked for the opinion of legal counsel. She noted that mayors have been elected through write-in candidacy in small towns. City Attorney Elliott Knetsch commented that the new law only allows the Council to record those votes that are one more than the lowest candidate receives. Mayor Levine commented that she will not be voting for this item. Councilor Paper referenced the mayor that was written in as a candidate, noting that he won, and it would have been counted. Mayor Levine commented that if he would have had five votes less than the second candidate, which would make him the third, that would not have been known by the public. Councilor Lorberbaum noted that a write in candidate would still have the option to request that information through this process. September 19, 2023 Mendota Heights City Council Page 2 of 6 Mayor Levine commented that she wants to know who would even have 11, 25, or 100 votes. Councilor Paper moved to adopt RESOLUTION NO. 202349 ELECTION CANDIDATES REGISTER FOR WRITE-IN, Councilor Miller seconded the motion. Ayes: 3 Nays: 2 (Levine and Lorberbaum) G) RESOLUTION 2023-57 SUPPORTING THE DAKOTA COUNTY 2024-2028 CAPITAL IMPROVEMENT PLAN Councilor Mazzitello referenced a project towards the back of the plan for Delaware Avenue and was encouraged that the County will be studying this, acknowledging the challenge of that segment of road. He encouraged the public to participate when that planning process occurs. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-57 SUPPORTING THE DAKOTA COUNTY 2024-2028 CAPITAL IMPROVEMENT PLAN, Councilor Miller seconded the motion. Ayes: 5 Nays: 0 M) APPROVE COMMUNITY DEVELOPMENT MANAGER AND ASSISTANT CITY ENGINEER JOB DESCRIPTIONS AND AUTHORIZE RECRUITMENT Councilor Mazzitello noted that in the budget sessions, the Council asked that the Assistant City Engineer be geared towards surface water and stormwater management. He commented that the job description is accurate for a generic assistant engineer and asked if the process can be geared towards surface water and stormwater management through supplemental questions. The City Administrator commented that the position is broadly worded in order to cast a wide net and they can then narrow the scope towards the skillSM. Councilor Mazzitello moved to approve COMMUNITY DEVELOPMENT MANAGER AND ASSISTANT CITY ENGINEER JOB DESCRIPTIONS AND AUTHORIZE RECRUITMENT. Councilor Lorberbaum seconded the motion. Further discussion: Mayor Levine commented that she asked a lar question of staff and acknowledged that skillset could also be built with the right candidate. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. September 19, 2023 Mendota Heights City Council Page 3 of 6 PRESENTATIONS/RECOGNITIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2023-58 CALL FORA PUBLIC HEARING ON THE VICTORIA CURVE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2023-58 calling for an assessment hearing on the Victoria Curve Street Improvement Project, Councilor Mazzitello commented that early in the process there was a discussion about sepazating the Orchard Hill portion of the project to assess on its own and asked what that assessment would be under that method. Public Works Director Ryan Ruzek replied that the assessments would have been higher for those homes if the projects would have been split up, estimating a difference of about $800, He commented that there have been some design changes for the project that will add some costs and would then balance out the assessments, therefore the recommendation of staff would be to continue to assess the areas the same. Councilor Miller moved to adopt RESOLUTION 2023-58 CALLING FOR AN ASSESSMENT HEARING ON THE VICTORIA CURVE STREET IMPROVEMENT PROJECT. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 B) ADOPT 2024 PRELIMINARY BUDGET AND LEVY Finance Director Kristen Schabacker provided a brief background on this item. The Council was being asked to adopt a preliminary budget and proposed levy for Fiscal Year 2024. Mayor Levine commented that this was a great process that involved many meetings. Councilor Mazzitello commented that the City is so lucky to have Finance Director Kristen Schabacker and thanked her for her excellent work. Mayor Levine echoed thanks to all the staff members that were involved in this process. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-61 APPROVING THE 2023 LEVY COLLECTIBLE IN 2024. Councilor Miller seconded the motion. Ayes: 5 September 19, 2023 Mendota Heights City Council Page 4 of 6 Nays: 0 Councilor Lorberbaum moved to adopt RESOLUTION NO.2023-62 ADOPTING THE FISCAL YEAR 2024 PRELIMINARY BUDGET. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Councilor Miller moved to adopt RESOLUTION NO. 2023-63 APPROVING THE FINAL 2023 TAX LEVY FOR SPECIAL TAXING DISTRICT NO, 1 COLLECTIBLE IN 2024, Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 C) ORDINANCE 581 CREATING A MORATORIUM FOR SHORT TERM RENTAL USES Planning Consultant Jennifer Haskamp stated that the purpose of Ordinance 581 is to create a moratorium to allow for the study and development of an ordinance to regulate short term rental uses in the city. A moratorium is an interim ordinance that expires within 12-months unless it is extended by the City Council and a public hearing is held. Councilor Mazzitello commented that the moratorium would prohibit any new short-term rentals starting in the City within the R-1 district but would not shutdown existing short-term rentals. Planning Consultant Jennifer Haskamp clarified that this would apply to all residential zoning districts. Mayor Levine commented that it will be important to hear from members of the public as they go through this process. She commented that residents can email members of the Council or staff to provide their thoughts and ideas. Councilor Mazzitello commented that if there is an existing short-term rental in your neighborhood causing issues, residents should reach out through email with their concerns. Councilor Lorberbaum moved to adopt ORDINANCE NO. 581 CREATING A MORATORIUM FOR SHORT-TERM RENTAL USES AND AUTHORIZE STAFF TO BEGIN STUDY. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 � � uluK7T11�1�1Y11/:� ►L�Ii1���1�uI�I�ILK City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS September 19, 2023 Mendota Heights City Council Page S oJ6 Councilor Paper commented on the robust turnout for Coffee with the Council the previous we and looked forward to future sessions. He congratulated the new Officers and Sergeant. He commented that the City is very fortunate to have an almost fully staffed Police Department. He wished a happy new year to those celebrating. Councilor Lorberbaum also congratulated the new Officers and Sergeant, noting that she enjoyed her recent ride alongs with the department. She commented that a resident recently reached out to the Public Works Department with a concern, noting that the department immediately responded, and the resident felt heard. She thanked staff for their continued excellent work and noted that the resident took the time to write a thank you note to staff. Councilor Miller wished a happy new year to everyone celebrating. He commented that this is homecoming week for Two Rivers, noting the upcoming sports events. He welcomed residents to attend the different events. Councilor Mazzitello welcomed the new Officers and Sergeant and commented that it warmed his heart to see two Air Force veterans hired by the City. He provided details on the historical event that separated the Army and the Air Force. Mayor Levine thanked the residents that have attended recent events with the City Council. She was also thankful for the emails the Council receives with input from residents. She also welcomed the new Officers and Sergeant. ADJOiJRN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 7:53 p.m. v10 Stephanie B. Levine Mayor ATTE/ Vio � ST: Christi usi City Clerk September 19, 2023 Mendota Heights City Council Page 6 of 6