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2023-12-06 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, December 6, 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. 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, pulling items F and I. a. Approval of November 21, 2023 City Council Minutes b. Approval of November 21, 2023 Council Work Session Minutes c. Approve Massage License d. Approve Community Waste Abatement Grant Agreement with Dakota County e. Approve Joint Powers Agreement to Provide Recycling Services f. Resolution 2023 92 Appointment of City Advisory Commission Members g. Approve 2024 City Council Meeting Dates h. Resolution 2023-91 Designating Polling Locations for Elections i. Approve Wetland Delineation Report for the Interstate Valley Crcck Project j. Resolution 2023-93 Supporting Dakota County Regional Solicitation Grant Application for the River to River Greenway k. Resolution 2023-94 Accepting Bids and Awarding Contract for the Marie Park Pond Improvements 1. Approve October 2023 Treasurer's Report m. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) RESOLUTION 2023-92 APPOINTMENT OF CITY ADVISORY COMMISSION MEMBERS Mayor Levine commented that there are four City advisory commissions which are each made up of seven volunteers. She stated that a number of members with expiring terms were offered to be reappointed and recognized those that chose to continue to serve. She also noted a resigning Natural Resources Commission member and stated that the City will advertise to fill that position. Councilor Miller moved to adopt RESOLUTION NO. 2023-92 APPOINTMENT OF CITY ADVISORY COMMISSION MEMBERS. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 I) APPROVE WETLAND DELINEATION REPORT FOR THE INTERSTATE VALLEY CREEK PROJECT Councilor Lorberbaum commented that the report mentions the precipitation data and states that Valley Park is within Ramsey County, but it is actually in Dakota County. She clarified that the weather data was pulled from the closest weather station, which is located in Ramsey County. Councilor Lorberbaum moved to approve WETLAND DELINEATION REPORT FOR THE INTERSTATE VALLEY CREEK PROJECT. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) ST. PAUL REGIONAL WATER COMMISSION SUBURBAN PARTICIPATION (AGREEMENT) December 6, 2023 Mendota Heights City Council Page 2 of 7 City Administrator Cheryl Jacobson explained that the Council was being asked to approve an agreement for suburban representation on the Board of Water Commissioners (for St. Paul Regional Water Services). Patrick Shea, General Manager for SPRWS, provided a presentation on water services in Mendota Heights. Mayor Levine thanked Mr. Shea for his presentation and commented that she is excited about this agreement. Councilor Paper referenced the statement that Mendota Heights would not receive its representation until 2026, which will be 11 years since the City has turned over the water service to SPRWS. He asked why this has taken so long. Mr. Shea stated that in 2015/2016 the agreement was written that it was up to the City of Mendota Heights to submit and solicit for that representation. Councilor Lorberbaum stated that a number of residents have asked questions about a letter they received from the Water Board. Mr. Shea stated that as part of compliance there is a lead and copper rule. He stated that Mendota Heights has two properties served by lead service lines. He stated that in the last round of compliance sampling they noticed higher levels of lead for those properties served by those service lines. He stated that the letter dictates the material of the line serving the home. He stated that if a resident is concerned, SPRWS offers testing for free. He stated that the letter provides information on the worst -case scenario for those samples. He stated that more information can be found on the SPRWS website. He stated that they are working diligently on lead service line replacement. He also provided other things that can be done to mitigate the risks from lead service lines. Councilor Mazzitello commented that Mendota Heights is blessed to have some of the best drinking water in the country thanks to SPRWS. He commented on the massive undertaking in updating the water plant and suggested that the entity look for regional and national recognition for that effort. Mr. Shea stated that it would be great to bring some of the stakeholders, such as elected officials, through to get a better understanding of the plant. He stated that the first structure that was demolished was from 1916. He stated that one structure from 1922 will remain. Mayor Levine stated that PFAS has been discussed in some neighboring communities and asked if that is an issue for SPRWS. Mr. Shea provided details on the PFAS standard, noting that the testing level at SPRWS is very low compared to the threshold. He commented that PFAS exists in most things because it does not break down. He stated that SPRWS is a potential solution for some of the communities that are experiencing issues. Mayor Levine commented that she has toured the water facility, which is amazing, and commented on some of the things that she learned. She noted the amazing foresight that people had when designed the December 6, 2023 Mendota Heights City Council Page 3 of 7 original water supply system. She commented that Mendota Heights is grateful for the people that served the community in the past and made these great decisions. Councilor Miller moved to approve AGREEMENT FOR SUBURBAN REPRESENTATION ON THE BOARD OF WATER COMMISSIONERS FOR ST. PAUL REGIONAL WATER SERVICES. Councilor Mazzitello seconded the motion. Further discussion: Councilor Mazzitello commented that former City Administrator Mark McNeill had commented many times that the decision the City made to deed its water service to SPRWS was one of the best decisions the City ever made. Mayor Levine agreed that it was a great decision, and the community has benefited. Ayes: 5 Nays: 0 B) RESOLUTION 2023-95 APPROVING FINAL 2023 TAX LEVY COLLECTIBLE IN 2024 AND ADOPTING PROPOSED BUDGET FOR 2024 Finance Director Kristen Schabacker provided a brief background on this item. The Council was being asked to adopt the final budget and levy for Fiscal Year (FY) 2024. Councilor Paper asked if this would be finalized at the next meeting. Finance Director Kristen Schabacker explained that adopting this resolution would take that action tonight. Mayor Levine commented that the budgeting process is a good process, noting that the Council meets multiple times for many hours with all the departments. She commented that it has been a privilege to work with this Council and the staff on this process. Councilor Mazzitello recognized the work of Finance Director Kristen Schabacker. Mayor Levine welcomed input from the public. No comments were made from the public. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-95 APPROVING FINAL 2023 TAX LEVY COLLECTIBLE IN 2024 AND ADOPTING PROPOSED BUDGET FOR 2024. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2023-89 APPROVING TWO VARIANCES, A CONDITIONAL USE PERMIT AND A MRCCA PERMIT AT 1037 MAYFIELD HEIGHTS LANE (PLANNING CASE NO. 2023-27) December 6, 2023 Mendota Heights City Council Page 4 of 7 Planning Consultant Jennifer Haskamp provided a brief background on this item and explained that the Council is asked to consider adopting a resolution approving two variances, a Conditional Use Permit (CUP), and a MRCCA Permit to construct an addition and a covered entry to the existing single-family residence located at 1037 Mayfield Heights Lane. The proposed addition will expand the western side of the existing residential structure by 1,146 square feet across two floors. The addition will encroach approximately five feet into the backyard setback and five feet into the side yard setback. The proposed 39 square foot covered entry extends about three feet into the front yard setback which requires a CUP. Councilor Lorberbaum commented that the resident has the right to request a variance but stated that she was struggling to understand the practical difficulties. She stated that an addition could be built on that side without being as large, and it would comply. Planning Consultant Jennifer Haskamp stated that the practical difficulty in complying with the setback has to do with where the home is located on the lot. She commented that the size of the addition would be subjective. She stated that the overall size of the 1,146 square foot addition is actually about half when considering that is spread across two floors. She stated that another consideration would be whether the request is reasonable. She stated that if that addition is considered reasonable to bring the home to more modern standards, then the practical difficulty would be the location of the home on the lot and the preservation of the significant vegetation on the east side. She stated that the existing layout of the home adds more complication as the garage and driveway are also located on the east side. She stated that there is also unusual circumstance in terms of the lot, explaining that the property is adjacent to a flag lot. She stated that if that flagpole portion of the adjacent lot did not exist, the addition would comply with the setback. Councilor Paper asked if 1041 has a driveway on the cul-de-sac. Planning Consultant Jennifer Haskamp confirmed that home does have a driveway coming out of that area. She stated that she spoke with that property owner at length, and they wanted to ensure that construction traffic would not use or block that area and that grading, and construction does not have impacts on his property. She stated that the neighbor would prefer that this is not a two-story addition as his home lies behind this property. David Ellis, 1037 Mayfield Heights Lane, stated that he has lived in the home for 25 years and loves his neighborhood. He believed that this addition would improve the home and the appearance of the neighborhood. He noted that many of his neighbors are also working to improve their homes. Councilor Lorberbaum commented that she did visit the property and it is a wonderful neighborhood. She commented that there does seem to be a trend in that neighborhood in improving the homes. She stated that she is struggling with the issue of practical difficulty and asked the resident to provide input. Mr. Ellis commented that angle of the lot and neighboring flag lot are unique circumstances. He stated that if they created an addition that were not square, it would also increase the cost significantly. Councilor Lorberbaum noted that a smaller addition could be built that would not require a variance. December 6, 2023 Mendota Heights City Council Page 5 of 7 Mr. Ellis commented that he is attempting to design something that will balance with the home and the overall area, and noted that the requested variance is very small. He stated that the homes are surrounded by a wooded area and therefore did not believe this would result in a negative visual impact. Councilor Mazzitello commented that the addition consists of three bedrooms and one bathroom. He noted that the bedroom suite would be 19 feet by 15 feet. He noted that of the two bedrooms proposed for the upper floor, the larger of the two would be 19.5 feet by 12 feet and the smallest would be 13.5 feet by 11.5 feet. He commented that those are small, standard, and modest sized bedroom sizes. He stated that if the addition were to become smaller, those rooms would become substandard and therefore could be an element to consider for a practical difficulty. Councilor Mazzitello moved to adopt RESOLUTION NO. 2023-89 APPROVING TWO VARIANCES, A CONDITIONAL USE PERMIT, AND A MRCCA PERMIT FOR THE PROPERTY LOCATED AT 1037 MAYFIELD HEIGHTS LANE. Councilor Miller seconded the motion. Further discussion: Councilor Mazzitello commented that this is terrific to see yet another homeowner that is looking to reinvest into their property to stay in the community rather than leaving. He stated that he supports the variance for this very reasonable project. Mayor Levine thanked the Planning Commission for its thorough review. Councilor Mazzitello thanked the applicant for their thorough application. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. She also thanked all of the Election Judges and City staff that assisted with the recent special elections. She also recognized the new members of City staff. COUNCIL COMMENTS Councilor Paper thanked Mr. Shea for his presentation tonight. He stated that the following night at the Village is a menorah lighting for the first night of Hanukkah. He also thanked Mayor Levine for helping to assist the recent Beyond the Yellow Ribbon event. He noted an upcoming Beyond the Yellow Ribbon on January 20th Councilor Lorberbaum welcomed the new members of City staff as well as the newly elected State Representative for this district. Councilor Miller wished everyone a Happy Hanukkah. Councilor Mazzitello commented that he wore purple in honor of the new City Clerk. He echoed the thanks to City staff for their hard work in the recent elections. He provided comments on the historical December 6, 2023 Mendota Heights City Council Page 6 of 7 event on the attack on Pearl Harbor and encouraged the community to thank any World War II veterans. He stated that on December 5, 1933, the 21st amendment to the constitution was ratified which rescinded the amendment which banned the use of alcohol. Mayor Levine commented that a lot of people are still out walking in the evening and encouraged pedestrians to wear reflective clothing and for drivers to watch out for pedestrians. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:22 p.m. Stephanie B. Levine Mayor ATTEST: Na %cy Btiter City Clerk December 6, 2023 Mendota Heights City Council Page 7 of 7