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2023-11-08 CC MinutesCITY OF MEN DO I A HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 8, 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. 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 Lorberbaum moved approval of the consent calendar as presented. a. Approval of October 17, 2023 City Council Minutes b. Approval of October 17, 2023 Council Work Session Minutes c. Acknowledge September 13, 2023 Natural Resources Meeting Minutes d. Approve Hire for Community Development Manager e. Approve Hire for Assistant City Engineer f. Accept City Clerk Resignation and Authorize Position Recruitment g. Approve 2024 Fourth of July Fireworks Contract h. Approve Purchase of Replacement Standby Generator for the Main Lift Station i. Resolution 2023-84 Approving Plans and Authorizing an Advertisement for Bids for the Marie Park Pond Improvements j. Resolution 2023-83 Authorizing Continued Participation in the Dakota County South Metro SWAT Joint Powers Agreement k. Acknowledge July, August, and September 2023 Fire Synopsis Reports 1. Acknowledge August 2023 Par 3 Financial Report m. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) BEYOND THE YELLOW RIBBON RECOGNITION City Administrator Cheryl Jacobson stated that in honor of Veterans Day, she is honored to recognize all who have served. She stated that today they will focus on the North Dakota County Beyond the Yellow Ribbon chapter. She introduced former Mayor Neil Garlock, who is also a marine corps veteran and Chapter President of Beyond the Yellow Ribbon, Neil Garlock, Chair of the Northern Dakota County Beyond the Yellow Ribbon, highlighted recent chapter recognition and presented the Gene and Mary Kahnke Memorial Award to Sheila Robertson. Councilor Miller asked the best method to put someone in need in touch with the organization. Mr. Garlock replied that a request can be submitted through the website and also provided his phone number, noting that he is always available to assist a veteran. Councilor Paper thanked Mr. Garlock for coming tonight and recognized the important work that he does in the community to benefit lives. A) RESOLUTION 2023-75 PUBLIC HEARING FOR AN EASEMENT VACATION — AUDREY ADDITION Public Worlcs Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2023-75, a public hearing on an easement vacation commenced by petition for the Audrey Addition. Councilor Miller moved to open the public hearing. Councilor Mazzitelio seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Lorberbaum moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 November 8, 2023 Mendota Heights City Coamcil Page 2 of 17 Nays: 0 Councilor Miller moved to adopt RESOLUTION NO. 2023- 75 APPROVING AN EASEMENT VACATION COMMENCED BY PETITION. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 B) APPROVE RESOLUTION 2023-76 PUBLIC HEARING FOR ARIGHT -OF -WAY VACATION — SUMMERSET BOULEVARD Public Works Director Ryan Ruzek explained that the Council was being asked to hold proceedings for Resolution 2023-76, a public hearing on right -of --way vacation commenced by petition for a portion of Summerset Boulevard. He stated that he received three phone calls requesting additional details but did not receive any objections to the request. Councilor Miller asked for details on access that could be provided to additional homes if additional homes were eventually requested and added. Public Works Director Ryan Ruzek replied that the homes would front to Ridge Place. Councilor Mazzitello noted that if the right -of --way were vacated, that would allow the frontage on Ridge Place that would allow the ability to split into four lots. He commented that the existing home configuration, with the home at 780 would be able to stay, but 772 may need to be razed in order to split into two lots. Public Works Director Ryan Ruzek provided a sketch concept of how the area could be divided to create new lots, noting that is just an example to show and no request has been provided at this time. Councilor Miller commented that he just wanted to ensure that this would not unintentionally create flag lots. Councilor Mazzitello moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Maureen and Jeff Wilke, 781 Ridge Place, stated that this neighborhood has no safe access for pedestrians to get to Mendota Village. She stated that there is also not a safe way to get the path on highway 62. She stated that if this area is going to be torn up and new homes added, they would appreciate a path that would provide safe access to Mendota Village or to Dodd. Mr. Wilke stated that perhaps a portion of the easement is moved along Dodd to provide that pedestrian connection. November 8, 2023 Rlendota Heights City Council Page 3 of 17 Mrs. Wilke commented that the roads are also in poor shape and construction traffic would only add to that. Tom Campion, 790 Ridge Place, commented that he currently has a lot attached to his home and would be interested in building a home on that lot but is about ten to 12 feet short of having the necessary frontage to do so. He stated that splitting this easement between him and the other property owner would be a benefit to both property owners. He noted that there are several new homes in the neighborhood and believed that this action would continue to benefit the neighborhood. Mr. Minea commented that he and his sisters own the other property and signed off on the request to vacate the right -of --way as well. He noted that previous property owners had been interested in similar action, but they had held out not wanting to do. He stated that his family now believes that this is the right time to request this action. He stated that the Wilkes also had a good idea in providing a connection in the river -to -river trail. There being no one else coming forward to speak, Councilor Lorberbaum moved to close the public hearing. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek responded to commenter questions and statements. He stated that this is the Bunker Hills neighborhood, and that area has been identified for a street improvement plan within the next five years. He believed that it is scheduled for 2027 and noted that the street would continue to be patched until that rehabilitation occurs. He stated that the City is still working with Dakota County, noting that the Council will be asked to provide a letter of support to the County at its December 5 meeting. He provided details on the potential underpass proposed for the north side of 62, which would go under Dodd Road. He stated that they would also look to construct an eight -foot bituminous trail from the northwest corner of 62 to Ridge Place which would also provide connections from the Bunker Hills neighborhood to the underpass. He stated that the trail improvements are planned independent of this action. Mayor Levine commented that residents are assessed for road projects and asked how the impact of development plays into that. Public Works Director Ryan Ruzek replied that there is only a certain useful life of a street, which is evident on this street. He commented that sometimes damage can be done to cracicsealing by construction vehicles, but ideally the road is designed to support those types of vehicles. Councilor Mazzitello asked if there would be sufficient right -of --way of Dodd to construct a trail. Public Works Director Ryan Ruzek replied that there is not, and estimated less than ten feet which would be needed. He stated that the County is in the process of completing an appraisal of two properties to eliminate the S curve and obtain easements/right-of--way. He confirmed that those actions are independent of this consideration. November 8, 2023 �1lendota Heights City Coacncil Page 4 of 17 Councilor Mazzitello commented that this is a sticky situation as typically right -of --way is not approved that would allow adjacent properties to split their lots. He stated that this is a unique situation as it relates to the Comprehensive Plan and believed that a vacation of right-of-way would better support the stated goals of the Comprehensive Plan. He stated that if the vacation is not approved, there is a potential that a developer could utilize the right-of-way for a cul-de-sac, trees could be cut down that separate Ridge Place from 62, and potentially six new homes could be created. He stated that if the vacation is approved, it could at most result in four new homes. He stated that the Comprehensive Plan also speaks to tree preservation and if the homes are along Ridge Place, it would be less likely those old growth trees would be removed. He stated that the Comprehensive Plan also speaks to pedestrian connection and that potential connection would benefit the entire subdivision. He stated that normally he would not favor a vacation that would result in a lot split but believed that in this case, it would provide the better outcome. Councilor Miller asked if a developer would need to come forward to request to put in a road, which would then be the decision of the City Council. Councilor Mazzitello stated that as long as the subdivision is compliant with the Code, it would be difficult to deny. Mayor Levine commented that the purpose of the right -of --way is for a road and therefore if the property were sold the developer would have the ability to create a road. Councilor Mazzitello confirmed that the right -of --way is 60 feet in width and therefore large enough to support a road. Mayor Levine acknowledged that Councilors have spent a lot of time reviewing the materials for this case. Councilor Lorberbaum agreed that under normal circumstances this would not be an action the Council would consider approving but under these circumstances this does make more sense and she is supportive of the request. Councilor Paper moved to adopt RESOLUTION NO. 2023-76 APPROVING ARIGHT -OF -WAY VACATION COMMENCED BY PETITION. Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine commented that this case tested her knowledge of land use and agreed that this is not something the Council would typically approve of. She commented that given the circumstances of this case, this does seem to be the best decision for the community. She stated that when reviewing all of the possibilities, she believes that this would be the best option. She also commented on the importance of creating the trail connection along Dodd Road. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS Nove»tber8, 2023 Me��dota Heights City Council Page S of 17 A) APPROVE RESOLUTION 2023-77 FOR A WETLAND PERMIT AT 2477 BRIDGEVIEW COURT (PLANNING CASE 2023-21) Planning Consultant Jennifer Haskamp explained that the City Council is asked to consider adopting a resolution approving an after -the -fact Wetland Permit for the completed installation of stairs and walkway to the pond on the property located at 2477 Bridgeview Court. The applicants have already installed the improvements within the wetland buffer and setback area, but all work stopped as directed by City staff so that proper permits could be obtained. Councilor Mazzitello commented that this is the first after the fact permit the Council has seen for a while, noting that there seemed to be a slew of these permits about two years ago. He stated that since that time the City has increased its communication on this topic, which he believes has helped to reduce the number of after the fact permits. He thanked staff for that increased education to residents. Councilor Lorberbaum asked if this would be approved if the applicant would have come forward before completing any work. She recognized that while each site is unique and stated that she asked that question of staff and was told that staff would have recommended approval for this in that scenario, which makes a difference to her. She asked what would occur if the Council were to deny this because the landscaping plan was not completed. Planning Consultant Jennifer Haskamp replied that a denial of the permit may trigger removal of the improvements that are in place already. She stated that what has been planted as a cover crop is a native seed mix and could technically quality as a landscaping plan. She stated that the homeowner has gone above that, agreeing to take a class and then develop a more intensive landscaping plan that will be installed in the spring. Councilor Lorberbaum asked if a maintenance plan would also need to be provided. Planning Consultant Jennifer Haskamp replied that is not required under ordinance. She stated that the staff will check to ensure that the all was followed and established. Councilor Miller asked when the plantings would be done in the spring and when staff would follow up. Public Works Director Ryan Ruzek stated that he would need to check with the natural resources staff, noting that staff completes a visual check to compare the plantings against the plan. Councilor Miller asked if it would be incumbent upon the residents to reach out to staff once the plantings are completed. Public Works Director Ryan Ruzek commented that would be the process, noting that the City is holding funds in escrow and the homeowner would want the final inspection completed to receive those funds back. Mayor Levine commented that the Planning Commission did a great job reviewing this case and also commended the applicants about the letter they submitted. She asked for clarification on the staff November 8, 2023 Mendota Heights City Council Page 6 of 17 recommendation that would have been made if this were to have come forward ahead of the work being completed. Planning Consultant Jennifer Haskamp explained that if the request were to come in ahead of the work, perhaps staff would have shifted the location slightly, depending on the vegetation that existed. She stated that because the stairs are already in place at this time, staff does not have knowledge of the exact vegetation that was removed above what the applicant has stated. Mayor Levine invited the applicant to address the Council. Chrissy Ruiz, applicant, stated that her whole neighborhood comes out to skate in the winter and people were previously going down a slippery path. Councilor Lorberbaum moved to approve RESOLUTION N0.2023-77 APPROVING AN FACT WETLAND WETLAND PERMIT AT 2477 BRIDGEVIEW COURT, Councilor Mazzitello seconded the motion. Further discussion: Mayor Levine agreed with Councilor Mazzitello that there used to be a lot of after the fact permits, which has been significantly reduced. She noted that while the homeowner did not know of the rules, the contractor should have been aware of the City regulations for a permit. She recognized that communication has solved the majority of issues. She noted that she would suggest that the compliance charge be assessed in this case, which would double the cost of the permit. She suggested that process be followed moving forward, as homeowners may then go back to their contractor to complain, which will also spread the awareness of the City requirements for a permit. Councilor Paper commented that he is fully willing to consider that but did not believe this was the case to begin with. He stated that if the process is in place, it should be enforced but did not think it would be reasonable to begin with this case. He stated that landscaping is not a licensed trade and typically a landscaper does not need to apply for a permit to complete their work, therefore smaller landscapers may not be aware of all of the rules. He stated that they have clearly done a better j ob as after the fact permits have been significantly reduced. Councilor Miller commented that as a former foreman for a landscaping firm, he echoes the comments of Councilor Paper. He also agreed that this case should not be made as the example. He stated that he does like the principle of applying that in the future, but also believed that there would need to be discussion on that concept followed by publication of that communication before implementing. Mayor Levine commented that she would withdraw that request based on that input. She stated that her intention was to have this type of discussion. She confirmed the consensus of the Council to direct staff to publicize that process that will be followed moving forward. Councilor Lorberbaum recognized that there was educational effort made on this topic and suggested that campaign continue in order to continue to spread that awareness. Councilor Mazzitello agreed that this would not be the time to begin charging that penalty. He stated that none of the previous after the fact cases had been fined in that manner. He also agreed that the rule should Nove»aber 8, 2023 Mendota Heights City Council Page 7 of 17 be implemented as written going forward, which would enforce that penalty. He noted that while rare, the Council does have the ability to deny an after the fact permit, requiring the applicant to remove the improvement which is something else to consider for future requests. Ayes: 5 Nays: 0 B) APPROVE RESOLUTION 2023-78 FOR A LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT AT 2237 ROGERS COURT (PLANNING CASE 2023-22) Planning Consultant Jennifer Haskamp provided a brief background on this item. The Council was being asked to consider adopting a resolution approving a lot line adjustment to modify the boundary between the property at 2237 Rogers Court and the property to the northeast at 2225 Rogers Court. The applicant is also requesting a conditional use permit to construct a 1,100 square foot detached garage in the rear yard of his property. Councilor Paper asked why the proposed building is askew. Planning Consultant Jennifer Haskamp replied that would be a question for the property owner. Councilor Paper asked if there would be a driveway to the garage. Planning Consultant Jennifer Haskamp replied that there would not be. Mayor Levine invited the applicant to come forward. Tom Jacobson, applicant, commented that the garage would be the same color and material as the home. He stated that the proposed position of the building fits into the landscaping of the property and also blocks the power station behind the home. Mayor Levine commented that it appears there is something in this location. Mr. Jacobson replied that there is a shed that he will be selling and will be moved off the property and the garage will then go in place of that. Councilor Mazzitello asked if the owner of 2225 agrees to this. Mr. Jacobson replied that property owner does agree to this and will provide his signature before submitting the paperwork to the County. He confirmed that he is compensating the property owner at 2225 for the property that is being transferred. Councilor Mazzitello commented that it would have been nice to have that approval in writing tonight. Councilor Lorberbaum moved to adopt RESOLUTION NO. 2023-78 APPROVING A LOT LINE ADJUSTMENT AND CONDITIONAL USE PERMIT AT 2237 ROGERS COURT. Councilor Mazzitello seconded the motion. November° 8, 2023 Mendota Heights City Cozzz¢cil Page 8 of 17 Further discussion: Councilor Mazzitello offered an additional condition that the applicant provide proof of his neighbor's concurrence with this transaction. Councilor Lorberbaum accepted the amendment to the motion. Councilor Mazzitello commented that it is not that he does not believe the applicant but just likes to have the proper documentation on file. Mayor Levine commended the Planning Commission for completing an excellent review. Ayes: 5 Nays: 0 C) APPROVE RESOLUTION 2023-79 FOR A MRCCA PERMIT AT 1661 MAYFIELD HEIGHTS ROAD (PLANNING CASE 2023-23) Planning Consultant Jennifer Haskamp explained that the City Council is asked to consider adopting a A esolution approving a Mississippi River Corridor Critical Area (MRCCA) Permit to demolish an existing detached garage and construct a new detached garage at 1661 Mayfield Heights Road. Councilor Mazzitello cormmented that typically demolition occurs before construction but understood the desire to demolish the garage after construction. He asked the length of time after the certificate of occupancy (CO) that would be allowed for removal of the existing garage. Planning Consultant Jennifer Haskamp replied that there is not a time length specified, as most people are motivated by the letter of credit (LOC), but noted that a length of time could be added if desired. She stated that perhaps 120 days to ensure they are outside of the winter season. Councilor Mazzitello agreed with the 120 days. Councilor Miller agreed. He noted that there was a similar situation recently, where a 120-day period was allowed for demolition after construction was completed. Councilor Paper asked the tiineframe for this project. Planning Consultant Jennifer Haskamp commented that the applicant hoped to begin moving dirt before the ground freezes, but noted that would be weather dependent. Councilor Paper stated that perhaps 120 days would not be enough to get outside the winter season if construction begins still this fall. Councilor Mazzitello stated that he would agree to a longer timeframe to get outside of the winter season but wants a specified timeline. November 8, 2023 Mendota Heights City Council Page 9 of 17 Public Works Director Ryan Ruzek replied that if the CO is used as the trigger for the time to begin, 120 days should be sufficient. Mayor Levine asked and received confirmation that the restoration plan includes the old driveway and would be included in the escrow as well. Councilor Lorberbaum asked if there would be a time where a permit is issued, and the applicant is required to do something within six months to one year. Planning Consultant Jennifer Haskamp replied that an MRCCA Permit is not structured in that way with an associated timeline that would void the approval if the project has not begun. She explained that a Conditional Use Permit would have that timeframe where it becomes void after one year if activity has not yet begun. Councilor Lorberbaum asked how much the LOC would be. Planning Consultant Jennifer Haskamp commented that she would have a hard time estimating because of contractor prices but stated that perhaps around $20,000 to $25,000. She noted that was a very rough estimate and the LOC would be based on a real bid price. She stated that the applicant would have the ability to not submit the LOC and demolish the garage prior to construction as well. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-79 APPROVING A MRCCA PERMIT AT 1661 MAYFIELD HEIGHTS ROAD, WITH THE ADDITIONAL LANGUAGE TO CONDITION FOUR THAT THE APPLICANT SHALL REMOVE THE EXISTING GARAGE WITHIN 120 DAYS OF FINAL INSPECTION BY THE CITY TO HAVE THE FINANCIAL GUARANTEE RETURNED, Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) APPROVE RESOLUTION 2023-80 FOR A VARIANCE AND CONDITIONAL USE PERMIT AT 809 HAZEL COURT (PLANNING CASE 2023-24) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution approving a conditional use permit and variance to construct a covered entry on the front of the house located at 809 Hazel Court. The proposed entry extends about one foot into the City's permitted porch setback exception that allows encroachment into the front yard setback by five feet. The proposed porch also exceeds the City's 50 square foot maximum area by approximately four -square feet within the exception area between the 25 foot and 3046ot setback. Mayor Levine recognized that staff and the Planning Commission had different recommendations to begin with and received confirmation that this staff report presented the recommendation from the Planning Commission. Councilor Mazzitello commented that the home was built in 1975 and asked when the front porch ordinance was adopted, thinking that was about 2012. Nove»aber 8, 2023 Mendota Heights Cit)� Cou�Zcil Page 10 of 17 Public Works Director Ryan Ruzek believed that was correct. He noted that the City was receiving a lot A variance requests and therefore created the ordinance for front porches. Mayor Levine commented that the front of the home is completely flat and therefore there is nothing to provide shelter from the weather for those going in and out of the home. She noted that the front porch will be a great addition and improvement for the home. Mayor Levine invited the applicant to address the Council. Daniel Bogg, applicant, commented that he was present to address any additional questions. He stated that the home is nonconforming, and the curvature of the setback comes into the living room of the home. He stated that nonconformance and placement of the home created the difficulty. He stated that this request would allow them to construct the covered front entry, agreeing that the home is very single dimensional as Mayor Levine had stated. Councilor Mazzitello commented that the overall proposed covered entry is six feet by 12 feet, rectangular in shape. He stated that the Code in place for entryways provides for 50 square feet which would be five foot by ten foot, which would not encroach into the setback and would not require a variance. He asked why a five by ten -foot porch would not work. Mr. Bogg replied that when he and his wife originally planned to move forward with the plan, an architect came out and commented that a smaller porch would look disproportionate to the front of the home and would look odd. He stated that would then not fit well into the character of the neighborhood as it would look like an afterthought rather than something that would match and look original to the home. He stated that the architect believed that the proposed dimensions would better match the home and neighborhood. Councilor Lorberbaum moved to approve RESOLUTION NO. 2023-80 APPROVING A VARIANCE AND CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED Al 809 HAZEL COURT. Councilor Paper seconded the motion. Further discussion: Councilor Paper believed that there were similar cases that had similar difficulties with the arch. Councilor Mazzitello commented that he struggles with the variance portion of the application, not the CUP. He stated that the 70s architecture was the reason for the creation of the related ordinance. He commented that if the porch were built to codified standards, a variance would not be needed. He stated that while he appreciates architectural opinions, he did not believe a decision on the variance could be made based on whether they like the appearance. He stated that if the five by ten porch were built, a variance would not be needed. He stated that the placement of the home on the lot could not be used as the difficulty as the ordinance was created three decades after the placement of the home. Councilor Lorberbaum commented that the resident is trying to make something look good and meet the conditions under awkward dimensions for the home. She stated that this would be different if the home were set normally, but it is not. November 8, 2023 Alendota Heights City Council Page 11 of 17 Councilor Mazzitello commented that the dimensions allowed would remain within the allowed front porch setback and therefore would not require a variance. He stated that he does not believe that the proposal is wrong, or does not look good but is simply attempting to justify a practical difficulty why the codified distance must be exceeded. He stated that aesthetics cannot be that reason, although he agreed that the allowed size may look to small compared to the home. He stated that he would like to give this resident what he is requesting but is struggling to find the practical difficulty for the variance. He stated that he could be one vote in opposition compared to the other members of the Council and would be okay with that vote. Councilor Paper used the scenario that the home were setback 50 feet from the curb and asked if there would still be a limit to the size of the porch. It was confirmed that there would not be that limit. Councilor Lorberbaum commented that this would be unique then because of where the home is placed. Mayor Levine commented where the home is placed is the reason for the variance. Councilor Mazzitello reiterated that if the codified dimensions were used for the porch, a variance would not be required, therefore the placement of the home cannot be the reason. Mayor Levine disagreed. She stated that the setback already encroaches into the home and therefore the placement of the home and location of the setbacks do not make sense on this lot. She stated that the Planning Commission also struggled with this, and she followed the logic of the Commission and believes that they came to the same conclusion. She recognized that there is not always a correct answer, but sometimes a best answer. She stated that the Council then needs to find the best answer and given the placement of the home on the lot and the location of the cul-de-sac she believes the best answer is to approve the variance. Councilor Lorberbaum asked if Councilor Mazzitello would agree that the problem is not made by the applicant. Councilor Mazzitello replied that the variance is of their making because they want asix-foot entryway rather than the allowed five feet. He agreed that the location on the lot is not of their making but did not believe that is a factor in this case. He commented that where the setback line intrudes into the home to the south is inconsequential to the porch. Councilor Miller commented that nothing about this house makes sense. He stated that whoever built this home did a real crap job. He stated that the placement of the home, the unique characteristics of the lot did not do any favors to the builder, but the features of the home look askew compared to the other homes on the cul-de-sac. He stated that the proposed project would fit well into the neighborhood. He understood the perspective of Councilor Mazzitello, but stated that from a broader standpoint the homeowners are trying to do their best in making lemonade from lemons. He agreed that the small dimensions would clear the bar and not require a variance, but did not believe that would do justice to the home. Councilor Mazzitello asked if the applicant would be willing to change the depth to five feet. Novwnbe�^ 8, 2023 Alendota Heights City Council Page 12 of 17 Mr. Bogg replied that he would not want to do that. He stated that they did consult with the architect again once they saw the potential conflict at the Planning Commission. He stated that the architect stated that they would design whatever was requested but with smaller dimensions it would look off and they may not want to move forward. He stated that would start this process over with a new architect which would delay the purpose of having this in place before winter to shelter the area from the weather. He stated that if the home were setback further, they would be allowed to create a much larger entryway but because of the placement of the home and small setback he needs to ask approval to build anything. He reiterated that the arch does come into the home. He commented that this would not only be an improvement to their home but the overall neighborhood. Ayes: 4 Nays: 1 (Mazzitello) E) APPROVE RESOLUTION 2023-81 FOR A LOT LINE ADJUSTMENT AND VARIANCE AT 2507 AND 2511 CONDON COURT (PLANNING CASE 2023-36) Planning Consultant Jennifer Haslcamp explained that the Council was being asked to consider adopting a resolution approving a lot line adjustment and a variance from the 10046ot lot width requirement for lots in R-2 districts. The applicant is proposing to move the existing lot line approximately six feet, which will further reduce the frontage for the property located at 2511 Condon Court. Councilor Paper stated that at some point the right -of --way reduction was approved to save the oak trees. He thought that would only be for one home on the lot. He stated that at the time there was enough room to build one more unit and the request for the right-of-way vacancy was to preserve the oak trees. He thought that it was not supposed to create two more units. Public Works Director Ryan Ruzek replied that is correct that the homeowner wanted the trees on his property and intended to construct a single-family home. He stated that in 2022 the owner determined that he was not going to construct a single-family home and submitted an application to allow a duplex, which was reviewed and approved by both the Planning Commission and City Council. Councilor Miller commmented that he also remembered that larly and noted that he believed that perhaps not the full Council voted in favor of that request at that time, but it was adopted. Mayor Levine stated that was Resolution No. 2022-70, but did not recall the vote although it did pass and therefore this type of dwelling uiut is allowed. Councilor Mazzitello moved to adopt RESOLUTION NO. 202341 APPROVING A LO'T LINE ADJUSTMENT AND VARIANCE FOR THE PROPERTIES LOCATED AT 2511 CONDON COURT AND 2507 CONDON COURT. Councilor Paper seconded the motion. Further discussion: Mayor Levine commented that this would be one building with a shared wall and would meet the standards for the lot, therefore the building could be the same size whether it is a duplex or single-family home. November 8, 2023 �Yfendota Heights Cztl� Council Page 13 of 17 Councilor Miller commented that while he does not love the idea, he can live with it if it would look complimentary with what exists next door. Mayor Levine noted that this will match better with the adjacent building and commented that a typical single-family home would almost look out of place in this location. Councilor Paper referenced the driveway and confirmed that the turnaround was necessary because the oaks would prevent that from going straight onto Condon Court. He asked if the driveways are connected or whether there would be space between. Public Works Director Ryan Ruzek replied that the plans show the driveway as one large surface and the R-2 zoning does not require a five-foot setback, therefore that would be allowed. Ayes: 5 Nays: 0 F) APPROVE RESOLUTION 2023-82 FOR A LOT LINE ADJUSTMENT AND VARIANCE AT 641 HAMPSHIRE DRIVE (PLANNING 2023-20) Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider adopting a resolution approving a lot line adjustment and a variance from the 100-foot frontage requirement for lots in R-1 districts. The applicant is proposing to move the existing lot line approximately six feet to the west, which will produce legally non -conforming frontage for the property located at 645 Hampshire Drive, Tim Wilkin, 645 Hampshire Drive, was present to address questions noting that he is the neighbor that is giving up the six feet. Councilor Mazzitello asked if the neighbors explored the option of a permanent recorded easement rather than moving the lot line. Mr. Willcin replied that they did explore a lot of options but get along well and wanted to permanently fix the issue to avoid any issues that could arise if one of them wanted to sell their property. Mayor Levine commented that this option does make sense. Councilor Mazzitello moved to adopt ADJUSTMENT AND VARIANCE FOR Ayes: 5 Nays: 0 RESOLUTION N G) APPROVE PURCHASE OF PLOW TRUCK Public Works Director Ryan Ruzek provided background information explaining that the City Council is asked to approve a change of vendor for the plow truck that was approved for purchase on September 23, November 8, 2023 Mendota Heights City Council Page 14 of 17 2021 and to also approve a purchase order to purchase a new plow truck that is on the Capital Improvement Plan for 2024. Councilor Lorberbaum asked if a downpayment was made when the original order was submitted. Public Worlcs Director Ryan Ruzek replied that no funds were out down and there is not a penalty to cancel the order. Councilor Paper referenced the truck order from 2021, recognizing that the price has increased. He asked if the price would have been held from that time. Public Works Director Ryan Ruzek replied that the price is due upon delivery, therefore a price was not locked in. Councilor Paper referenced the trade value of the truck decreasing and asked for details. Public Worlcs Director Ryan Ruzelc replied that is an estimated trade-in value. He stated that the City has sold a previous plow truck to the school district and the school district has reached out, therefore that may be an interested party to sell the truck. Councilor Paper commented that he feels that the trade-in value would result in a loss and would prefer to sell the truck. He stated that this proposal would bring two trucks online at the same time and asked how the lifespan would be stretched to ensure they do not need to be replaced at the same time in the future. Public Works Director Ryan Ruzek replied that the big plow trucks have a life of at least 15 years. He stated that a fifth truck would also be kept. He noted that the original trade was to be done in 2022 with the second to be done in 2024, therefore this would be on schedule other than the delay. He confirmed that there would be sufficient storage space. Councilor Mazzitello asked for information on Western Star and whether there has been any referral information related to mechanical issues. Public Works Director Ryan Ruzelc replied that Egan has been converting to Western Star for a number of years and does not have any concerns. Councilor Paper asked if the City looked to purchase Western Star in 2021. Public Works Director Ryan Ruzek commented that the price difference was about $10,000 at that time but the price has come closer now, estimating a difference of about $2,000 now. Councilor Miller moved to authorize STAFF TO ISSUE PURCHASE ORDERS TO BOYER FORD AND TOWMASTER FOR Pos TO PURCHASE A TRUCK THAT WAS BUDGETED IN 2022 AND TO PURCHASE A TRUCK FOR 2024. Councilor Mazzitello seconded the motion. Nove»aber 8, 2023 Mendota Heights City Couizcil Page 1 S of 17 Further discussion: Mayor Levine thanked Public Works for the work in the coming season to manage snow removal. Public Works Director Ryan Ruzek noted that there would be two name the plow contest winners this year. He also confirmed that these would both be brine plows. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper commented that it was great to welcome Mayor Garlock back to the Chambers tonight and the work Beyond the Yellow Ribbon does is incredible and ties well with the upcoming Veterans Day holiday. He thanked all the Veterans in the community for their contribution, recognizing Councilor Mazzitello. He also noted Movember, which is meant to draw awareness to men's health. Councilor Lorberbaum thanked the Parks and Recreation Department for the Trick or Teeing event, which was well attended and well organized. She encouraged residents and families to participate in the event next year. She recognized the veterans in the community and beyond for all that they have done along with the families of veterans. She stated that on November 8, 1926, at 4,119 feet in length, the Mendota Bridge opened and became the longest, continuous, concrete arch bridge in the world. She highlighted upcoming election dates for the primaries and thanked all that recently served as election judges along with those that will serve in the upcoming elections. Councilor Miller thanked all who have served and are serving, recognizing and thanking Councilor Mazzitello for his service. He commented that it is an honor to work with him and appreciates the sacrifice that he made. Councilor Mazzitello thanked everyone that voted in the election the previous day. He stated that people honored on Veterans Day are the people that should be thanked for the right to vote. He commented that every veteran makes a commitment and writes a check up to the value of their life. He stated that anyone willing to do so, is entitled to a square deal. Mayor Levine echoed the comments made thus far. She stated that Sheila Robinson has also done a great job working with veterans in the community. She stated that it has been three weeks since her father passed away and acknowledged the support the community has shown her and her family. ADJOURN Councilor Paper moved to adjourn. Councilor Mazzitello seconded the motion. Ayes: 5 November 8, 2023 Mendota Heights City Council Page 16 of 17 Nays: 0 Mayor Levine adjourned the meeting at 10:08 p.m. Stephanie $. Levine, Mayor ATTEST: November 8, 2023 Mendota Heights City Council Page 17 of 17