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2024-02-06 City Council PacketEnj CITY OF MENDOTA HEIGHTS CITY COUNCIL MEETING AGENDA February 6, 2024 • 7:OOPM Mendota Heights City Hall, 1101 Victoria Curve, Mendota Heights 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF THE AGENDA The Council, upon majority vote of its members, may make additions or deletions to the agenda. These items may be submitted after the agenda preparation deadline. 5. PUBLIC COMMENTS- for items not on the agenda Public comments provide an opportunity to address the City Council on items which are not on the meeting agenda. All are welcome to speak. Individuals should address their comments to the City Council as a whole, not individual members. Speakers are requested to come to the podium and must state their name and address. Comments are limited to three (3) minutes. No action will be taken; however, the Mayor and Council may ask clarifying questions as needed or request staff to follow up. 6. CONSENT AGENDA Items on the consent agenda are approved by one motion of the City Council. If a councilmember requests additional information or wants to make a comment on an item, the item will be removed from the consent agenda and considered separately. Items removed from consent agenda will be taken up as the next order of business. a. Approve Minutes from the January 23, 2024, City Council Meeting b. Approve Minutes from the January 23, 2024, City Council Work Session c. Acknowledge December 20, 2023, Planning Commission Meeting Minutes d. Acknowledge November 15, 2023, Airport Relations Commission Meeting Minutes e. Approve Field Renovation Work at Marie Park f. Authorize Fire Department Out of Metro Travel Request g. Authorize the Purchase of Fire Department Turn -Out Gear h. Approve Administrative Coordinator/Deputy City Clerk Hire and Authorize Posting for Office Support Assistant i. Approve Claims List 7. PRESENTATIONS 8. PUBLIC HEARINGS 9. NEW AND UNFINISHED BUSINESS a. Approve Resolution 2024-07 for a Conditional Use Permit at 1415 Mendota Heights Road (Planning Case 2023-28) 10. COMMUNITY/CITY ADMINISTRATOR ANNOUNCEMENTS 11. CITY COUNCIL COMMENTS 12. ADJOURN FOLLOWING THE CITY COUNCIL MEETING: Special Meeting of the City Council — Closed Session 7:30PM (estimated start time) • City Hall Large Conference Room Closed to the public pursuant to Minnesota Statutes 13D.05, subd. 3(c)(1), (2) and (3) to review appraisal data, and to develop or consider offers or counter offers for the sale of real property located at Lakeview Avenue and Lemay Lake Rd., PID 27-28400-05-090 Next Meeting February 20, 2024 • 7:OOPM Information is available in alternative formats or with the use of auxiliary aids to individuals with disabilities upon request by calling city hall at 651-452-1850 or by emailing cityhall@mendotaheightsmn.gov Regular meetings of the City Council are cablecast on NDC4/Town Square Television Cable Channel 18/HD798 and online at TownSquare.TV/Webstreaming Page 1 of 65 6a CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the Regular Meeting Held Tuesday, January 23, 2024 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 Lorberbaum seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Miller moved approval of the consent calendar as presented, pulling item G. a. Approval of January 9, 2023 City Council Minutes b. Acknowledge December 12, 2023 Parks and Recreation Commission Work Session Meeting Minutes c. Acknowledge December 12, 2023 Parks and Recreation Commission Regular Meeting Minutes d. Acknowledge the September and October Par 3 Financial Reports e. Approval of 2024 Pay Equity Compliance Report f. Authorize Out of Metro Travel Request sward Purchase Order f r n;cklebali Court nesurf cing at the Mario ice Rink h. Approve Purchase of Athletic Field Line Striping Machine i. Approve the Banking Authorization Signatory Changes Page 2 of 65 j. Resolution 2024-05 Approving an Appointment to the Natural Resources Commission k. Acknowledge the October 2023 Fire Synopsis 1. Acknowledge the November 2023 Fire Synopsis m. Acknowledge the December 2023 Fire Synopsis n. Approval of Claims List Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS G) AWARD PURCHASE ORDER FOR PICKLEBALL COURT RESURFACING AT THE MARIE ICE RINK Councilor Lorberbaum referenced the anticipated completion of June or July and asked if there would be a chance the project could be completed earlier as people will be eager to use the space. Parks and Recreation Manager Meredith Lawrence replied that staff did solicit quotes for the project and both contractors provided the June/July timeframe given work already scheduled. She stated that they will work with the contractor to try to have the project done earlier if possible. Councilor Paper asked how long the space would be offline. Parks and Recreation Manager Meredith Lawrence replied that they believe the project would take one week and noted that they will alert users. Councilor Lorberbaum moved to approve PURCHASE ORDER FOR PICKLEBALL COURT RESURFACING AT THE MARIE ICE RINK. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. PUBLIC HEARING A) RESOLUTION 2024-06 — ORDERING STREET IMPROVEMENT PROJECT FOR THE BRIDGEVIEW SHORES Public Works Director Ryan Ruzek explained that the Council was being asked to hold a public hearing and consider adoption of Resolution 2024-06 ordering street improvement project for Bridgeview Shores. Councilor Mazzitello asked the length of the project and the type of project. January 23, 2024 Mendota Heights City Council Page 2 of 11 Page 3 of 65 Public Works Director Ryan Ruzek replied that this would be about three quarters of one mile. He commented that this would be a full depth reclamation. Councilor Lorberbaum referenced the split -zoning assessment calculations, noting that for the R-1 the proposed assessment would be about half whereas the R-2 is still proposed at the same $7,500. She asked how things would change if the R-2 assessment were similarly half, at about $4,500. Public Works Director Ryan Ruzek commented that it could also be seen as the City subsidizing R-1 by $6,500 and R-2 by $1,500. He stated that they do need to collect a certain amount, $705,000, in total assessments. Councilor Lorberbaum commented that it would seem unfair that people that have less length of property pay the same amount as others that have more property. Public Works Director Ryan Ruzek commented that the Council can provide whatever direction it believes is best. Mayor Levine recognized the equity between multi -family but noted that there are a number of projects that have been assessed in this manner and asked for more information on the history of assessment with R-1 and multi -family housing within the same project. She stated that a special assessment was recently approved that she believed was higher than $8,000 and asked how the $7,500 was determined Public Works Director Ryan Ruzek replied that the assessments last year were $6,400 and the year before were around $6,000. He stated that one of those projects spanned multiple zoning districts and all the residential properties were equalized. He stated that a comparable project would be Kensington, which had multi -family and single-family homes, noting that project had separate assessments. He did not believe a precedent would be set whichever option the Council chooses. Mayor Levine asked if assessments have been capped in this manner for the Kensington project. Public Works Director Ryan Ruzek replied that they were not, but that was a project that occurred when there were lower construction costs. Mayor Levine acknowledged that construction costs have increased and will continue to do so, therefore the proposed assessments would be capped at $7,500. Public Works Director Ryan Ruzek commented that the assessment does not need to be set in stone this evening, but it is good practice to provide an estimate for residents to plan for. He stated that once the bidding stage is completed, they could further discuss the assessments based off the actual construction costs. Mayor Levine stated that in the case that the R-2 zoning was under the 50 percent threshold, that area would be separate from the R-1 area and assessed separately. She stated that if the costs remain at this level, she would agree with the cap. January 23, 2024 Mendota Heights City Council Page 3 of 11 Page 4 of 65 Councilor Lorberbaum commented that she would like to keep the two areas separate in terms of assessment. She stated that she would not like to see the two areas capped at the same level and would prefer to see the same percentage of subsidy occur for both project areas. Councilor Miller commented that he would refer back to historical consistency and follow that practice. He stated that he would not want to continually change the parameters as they go and would want to remain consistent as they move forward. Mayor Levine asked if Councilor Miller would like staff to review subsidies that were provided in the past and whether they were different based on the zoning districts. Councilor Miller commented that he would want to remain consistent, recognizing that the cost of things continues to change as they move on, without reinventing the wheel for every project. Mayor Levine commented that the $7,500 was capped because the costs continue to rise and therefore was seen to be a reasonable cost based off past practice. She recognized that more information on past projects would be desired as they move forward to ensure consistency. Councilor Mazzitello suggested that perhaps this would be a good time for resident input and more discussion could occur after that time. Councilor Mazzitello moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Susan Zhulkie 831 Monet Court, stated that she has been eased by the comments thus far related to the consideration to separate the two project areas. She also agrees that it would be helpful to look at the past but stated that perhaps that has not been equitable. She commented that her neighborhood is very different than the R-1 section. She stated that perhaps there should be an ordinance or policy that carries forward on this topic for consistency. She stated that 73 percent of the project is within the R-1 designation while 26 percent is in the R-2 designation. She stated that as proposed the R-2 would bear 36 percent of the cost, which does not seem fair. She appreciated the comments of the Council to make this more equitable. Linda Schlasner, 806 Monet Court, commented that she is on the HOA Board and has been asked to say a few words. She stated that the association has 34 homes, 12 of which are single homes and 22 are double homes. She stated that the Board has concerns with the method proposed for assessment. She stated that the map clearly shows that the R-2 lots are much smaller, and the street frontage is also significantly smaller. She complimented engineering staff, noting that they have been very helpful throughout the process thus far. She requested that the Council reconsider the current assessment process which would assess all the lots the same, regardless of the R-1 or R-2 designation. She commented that it inequitable and asked the Council to consider that as the project moves forward. Pam Stein, 2465 Westview Terrace, commented that she is relieved at the direction this is heading as she knows many of the neighbors on Monet Court and also felt there was inequity which has weighed January 23, 2024 Mendota Heights City Council Page 4 of 11 Page 5 of 65 heavily on her. She was glad to see that a different calculation has been suggested. She did not believe that the R-1 and R-2 property assessments have to be the same and understood why they should be different, acknowledging that she could potentially then pay more as a result. She asked that all mailings address both homeowners on the envelope. Mary Waldvogel, 2540 Arbor Court, asked why the zoning would be separated. She did not understand why zoning was separated for a street improvement as everyone has a vehicle and drives on the road. She stated that some of the neighbors on Arbor Court do not have their own driveway, therefore even though they are single family homes they would not have the same street access. Dave Koziol, 2535 Arbor Court, commented that he routinely finds large chunks of pavement in his yard from snowplowing because the street is deteriorating rapidly and therefore this project is welcomed. He commented that there are two properties on Arbor Court that have zero frontage and therefore if frontage is considered, that should be considered, or those properties should be removed. Howard Pfefer, 838 Monet Court, commented that the lots on Monet Court are about half the size and therefore this would make the two areas very different. He commented that the project is assessed based on the value of the road to the property. He stated that the properties are different sized, different cost, and different value. He also noted the increased density within Monet Court and believed that the areas should be considered separately. Jerry Hoffman, 836 Monet Court, asked if equity was considered by the Council for the person who moves in one year ago compared to those that have used the roads for 30 years. He noted that some residents are living on little over their social security compared to those that are working and making much more and asked if that issue is considered. There being no one further coming forward to speak, Councilor Miller moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Public Works Director Ryan Ruzek stated that the City's street rehabilitation policy does promote a unit assessment, assuming that residents within similarly zoned neighborhoods have similar use of the street and therefore are assessed the same. He stated that the Code does use the term "generally" which does provide for flexibility. He clarified that the front footage assessment is not used by the City. He stated that based on the feedback from the informational meeting, it was determined that the PUD section of the project would meet the R-2 standards and there is a high likelihood that those homes just have one vehicle, or even just one person using the streets per home. He stated that staff would propose that residents have similar use of the streets within each zoning district, which would separate those unit costs between the two zoning districts. Mayor Levine referenced the two properties mentioned on Arbor Court which do not have street access and asked for more information. January 23, 2024 Mendota Heights City Council Page 5 of 11 Page 6 of 65 Public Works Director Ryan Ruzek replied that those are R-1 properties that have a shared driveway onto Arbor Court and therefore would have similar use of the road. He confirmed that this is a consistent practice. He stated that staff would agree that there should be different unit assessments for the R-1 and R-2 areas. He recognized that the presentation proposed to assess the whole project in the same manner but agrees that additional options should be reviewed to make the project more equitable based on the zoning. He stated that the length of time that someone has lived in a home does not relate to the road condition and use of the road. He stated that the City has a Capital Improvement Plan, which projects the estimated time of infrastructure repair and could be reviewed before purchasing a property. Mayor Levine commented that the City does not ask the income level of residents. She noted that the City does have payment plans available. Public Works Director Ryan Ruzek commented that there would be an assessment hearing in October, should the project be approved, and after that hearing assessments could be paid within 30 days without additional costs. He stated that prior to the end of the year the City would need to send any unpaid assessments to the County to be assessed onto the tax roll for a ten-year period. He stated that there are options for deferrals which include an option for senior citizens. He stated that an approved deferral would be recorded against the property and provided more details, noting that would continue to accrue interest. He stated that a deferred assessment would be collected if the property is sold, payments could be made after the ten-year deferral period, or could continue to be deferred for a maximum of 30 years. Councilor Paper asked if the neighborhood was separated in the project last year. Public Works Director Ryan Ruzek confirmed that there was an ask to separate the areas, but it was determined that the assessment would actually be higher for the area requested to be separate, therefore that option was not chosen. Councilor Paper asked how the cap number is chosen, as that is not based off an actual percentage. He stated that there has always been a cap in his recollection. Public Works Director Ryan Ruzek replied that last year the estimated assessment was $7,800 but the final assessments were $6,400 therefore there was not a cap. Councilor Paper commented that he does support equity as the R-2 is only a quarter of the project area but asked how that number would be determined Public Works Director Ryan Ruzek stated that he reviews the assessments for the past few years, which ranged between $6,000 and $7,000, therefore assuming inflation $7,500 would seem appropriate rather than $8,000. Councilor Lorberbaum commented that this is the second time where project numbers are missing and asked if those could be provided in the next review. Mayor Levine recognized that assessable costs are not proportional to the linear feet and asked for more information from staff. January 23, 2024 Mendota Heights City Council Page 6 of 11 Page 7 of 65 Public Works Director Ryan Ruzek provided more details on the project costs and assumptions that are estimated. He noted that estimating is done conservatively and therefore often actual project costs are lower, and assessments will be finalized after those details are fully known. Mayor Levine commented that it seems that there is consensus in separating the two project areas, but noted that the costs will look different because there are more driveways in the R-2 compared to R-1. Councilor Mazzitello commented that the Council is being asked to order the project tonight and not to set an assessment tonight. He stated that in 1995 the City began to reconstruct its streets under the current policy. He stated that next year's project will be the first project to occur after completion of that streets under the policy. He stated that the City chose unit assessment rather than frontage assessment for a number of reasons. He stated that a house is a house, and the occupants use the road in the same manner regardless of the value of the home or amount of frontage. He stated that the unit approach was deemed to be a fairer way of dividing assessments amongst properties. He stated that for the most part the assessment policy has been consistent in using a unit approach. He agreed that there is a fairness element that is reviewed for properties. He commented that there have been exceptions to the rule in the past, using the Emerson/Sylvandale project as a more appropriate comparison. He noted another project that had a townhome pocket that was assessed differently than the single-family homes but explained those townhomes were all internal with one access onto the roadway. He stated that valuations were done during that time and the rate was found to be 1.5 percent of the property value. He stated that if you use that percentage for the Monet Court properties, the average is $550,000 and 1.5 percent would be $7,800. He stated that the proposed assessment is $7,500. He stated that for the north side of the project, the average property value is $675,000 and 1.5 percent of that would be $10,125. He stated that those would be the figures if you use property value. He stated that he brings up those facts because they are at the end of the program and next year's subdivision would be a point where the City is starting over with its street maintenance plan, and he believes that this would be a good time to revisit the street assessment policy to build in an equity component into the policy. He stated that the decision for assessment is not being made tonight and he is curious to see what the bids will be as this is a very conservative estimate, and he believes that there will be better bid prices. He stated that the issue of assessment will continue to be discussed as this moves forward. Mayor Levine agreed that it would make sense to revisit the street assessment policy as they move forward. Councilor Mazzitello moved to adopt RESOLUTION NO. 2024-06 ORDERING STREET IMPROVEMENT PROJECT FOR BRIDGEVIEW SHORES. Councilor Paper seconded the motion. Further discussion: Mayor Levine asked and received confirmation that approval tonight would not lock in her approval to actually move forward and complete the project, as she did have concern with financially completing multiple projects in one year. Councilor Lorberbaum commented that she would look forward to seeing multiple options for assessment when that time comes. Ayes: 5 January 23, 2024 Mendota Heights City Council Page 7 of 11 Page 8 of 65 Nays: 0 B) ORDINANCE 587 — APPROVING AMENDMENTS TO THE FEE SCHEDULE FOR 2024 1) APPROVE SUMMARY PUBLICATION OF ORDINANCE NO. 587 City Clerk Nancy Bauer explained that the Council was being asked to hold a public hearing and consider adoption of Ordinance 587 amending the fee schedule for 2024, and approving the summary publication of the ordinance. Councilor Paper asked if the senior golf pass could be held at $200. Parks and Recreation Manager Meredith Lawrence confirmed that the Council has the ability to choose whatever it would like. She stated that staff and the Parks and Rec Commission recommended the increase. She stated that there were five pass holders last year who completed 177 rounds of golf on the course. She stated that the senior golf pass was a bit of a staff time consumer as there were a few issues that arose, therefore the requested increase was based off that staff time. Councilor Paper commented that he did not see a value in raising the price. He stated that he likes the ability to offer the senior pass and if there are issues, they need to do a better job of communicating where the problems are. Councilor Miller agreed, recognizing that he was on the wrong side of the argument last year. He stated that he does see the value in the senior golf pass and does not believe there should be an increase. Councilor Mazzitello commented that he is thrilled to see a veterans discount for the Par 3. Councilor Miller moved to open the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 Councilor Mazzitello moved to adopt ORDINANCE 587 AMENDING THE FEE SCHEDULE FOR 2024. Councilor Miller seconded the motion. Further discussion: Councilor Paper asked if the cost of building inspections could be reviewed. He explained that the people applying for the permit will continue to pay for that cost. City Administrator Cheryl Jacobson commented that the change is due to the contract with Inspectron. She stated that the fee structure was different with the last inspector and the new contract is with the City and Inspectron but confirmed that those costs would still be recouped through the permits. January 23, 2024 Mendota Heights City Council Page 8 of 11 Page 9 of 65 Mayor Levine asked if there is a desire to amend the fee schedule from $220 to $200. Councilor Mazzitello and Councilor Miller confirmed agreement with the change for the senior golf pass to remain at $200 rather than increase to $220. Mayor Levine recognized the increase from $1,000 to $1,500 for park bench donations, explaining that will more accurately cover 50 percent of the cost. Ayes: 5 Nays: 0 Councilor Mazzitello moved to approve SUMMARY PUBLICATION OF ORDINANCE 587. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) AUTHORIZE PURCHASE ORDER FOR THE WENTWORTH PARK PICKLEBALL ADDITION Parks and Recreation Manager Meredith Lawrence explained that the Council was being asked to authorize a purchase order for the Wentworth Park Pickleball Court addition. Councilor Mazzitello asked if there would be noise mitigation as part of this project. Parks and Recreation Manager Meredith Lawrence replied that is not a part of this project but is something that is being considered as a whole for all the pickleball courts throughout the community. Councilor Mazzitello asked if there is any indication from users of the existing courts as to how much the Wentworth courts would be used. Parks and Recreation Manager Meredith Lawrence replied that pickleball players have commented that there is a waiting time at the existing courts, especially at Marie Park. She stated that comments have been made that the Friendly Hills courts are less desirable because of the east/west layout. She stated that these courts would be similarly positioned to the Marie Park courts in a north/south manner which is more desirable because of the sun. She stated that staff will review the Friendly Hills courts at the time of resurfacing to determine if that will be necessary. Mayor Levine asked for more information on the cost of the nets and posts. Parks and Recreation Manager Meredith Lawrence provided costs of the nets and post installation which is done in-house. She believed that the project would be under the $30,000 budget. Mayor Levine recognized the many skills of the public works staff members. January 23, 2024 Mendota Heights City Council Page 9 of 11 Page 10 of 65 Councilor Paper referenced the resurfacing proposed for Marie Park and asked how that would differ from Wentworth. Parks and Recreation Manager Meredith Lawrence commented that the Wentworth surface was repaved in 2022 and therefore not as much work will be needed for crack filling and will result in less work needed and a lower cost. She confirmed that both projects would have the same number of coats for the surfacing. Mayor Levine asked the cost if these were standalone courts being created. Parks and Recreation Manager Meredith Lawrence estimated between $500,000 and $1,000,000 for the creation of standalone courts. Mayor Levine recognized the value in using an already paved space for both winter and summer recreation opportunities. Councilor Paper asked if this would be lit. Parks and Recreation Manager Meredith Lawrence replied that currently there is only authorization from the City Council to use lights at Marie Park for pickleball. She suggested beginning with the courts and if there is a desire at a later time, they could consider lighting. Councilor Lorberbaum moved to authorize PURCHASE ORDER FOR THE WENTWORTH PARK PICKLEBALL COURT ADDITION BY C&H SPORT SURFACE FOR A NOT TO EXCEED AMOUNT OF $23,550. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello commented that last Saturday he was a finals judge for the Future Cities competition where teams from middle schools developed a futuristic city based on a specific theme. He commented that the teams presented astounding ideas and Friendly Hills Middle School entered a team for the 16th year, although they did not make the finals. He recognized the recently celebrated Martin Luther King Jr. holiday and shared a quote. Councilor Miller commented that the temps are shown to be 50 degrees next week. He recognized the love of people to enjoy ice related activities on local ponds and lakes but encouraged ice users to be smart as the temps increase and ice may become unsafe. Councilor Lorberbaum reported on the recently held Coffee with the Council event with herself, Councilor Mazzitello and City Administrator Cheryl Jacobson. She recognized the great ideas that come from those January 23, 2024 Mendota Heights City Council Page 10 of 11 Page 11 of 65 events, including the veterans discount for the Par 3. She stated that election season recently wrapped up, but election season is once again beginning and provided details on the Presidential Primary which is set for Tuesday, March 5tn Councilor Paper welcomed the newest member of the Natural Resources Commission. He thanked all the residents that provided comments in the public hearing tonight. Mayor Levine stated that Joe Mauer was inducted into the Baseball Hall of Fame tonight, noting that he a friend to many in the community and a part of the community. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:44 p.m. Stephanie B. Levine Mayor ATTEST: Nancy Bauer City Clerk January 23, 2024 Mendota Heights City Council Page 11 of 11 Page 12 of 65 Page 13 of 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA DRAFT Minutes of the City Council Work Session Tuesday, January 23, 2024 CALL TO ORDER Mayor Levine called the work session to order at 5:00 p.m. Councilmembers Lorberbaum, Mazzitello, Miller and Paper were also present. Others present include City Administrator Cheryl Jacobson, Assistant City Administrator Kelly Torkelson, Park and Recreation Manager Meredith Lawrence, Finance Director Kristen Schabacker, Public Works Director Ryan Ruzek, Community Development Manager Sarah Madden, Planning Consultant Jennifer Haskamp, and City Clerk Nancy Bauer, Mayor Levine raised the topic of handwritten thank you notes as per Councilor Lorberbaum suggestion. Handwritten notes would be signed by the City Council for donations over $1,000. The Mayor would write the thank you note and council members would then sign. Mayor Levine discussed group emails sent to all City Council members. She suggested that she would respond for the group and cc the other Council members. She would say "on behalf of the City Council" in the email. The idea being to avoid everyone responding to the same email and to make messages consistent. PD/CITY HALL BUILDING UPDATE City Administrator Jacobson stated that the author of the bonding bill for the Police Department/City Hall building renovation/expansion project suggested that the amount requested for the project be trimmed. She and Chief McCarthy had been working on the request. The request had been reduced from $11 million to $10 million. Administrator Jacobson noted that the House Capital Investment Committee toured the building this past November as part of the bonding tour. Chief McCarthy stated the city is exploring additional regional partnerships to support the Mendota Heights Police Department/City Hall building project. Councilor Lorberbaum asked if we would be adding on to the existing building or starting over with a new building. Chief McCarthy answered that there are no definite plans as of now and that we need to determine the needs for the project. Knowing if a state bonding bill is passed would give us good direction for further planning. Page 1 City Council Work Session 01 23, 2024 Page 14 of 65 Councilor Paper asked when a decision would need to be made on whether to build a new building or add on to existing building. Chief McCarthy answered that if the bonding bill passes there may be a deadline as to when breaking ground would need to take place. Mayor Levine reported that the recommendation from the task force was to tear down the existing building and start building from scratch. Steve Norton from the audience stated that building a new building would be cheaper than trying to retrofit the existing building. If a teardown of the existing building was done, how long it might take to build a new one and finding temporary spaces for employees was briefly discussed. LEGISLATIVE SESSION PREVIEW City Administrator Jacobson stated that an even year is typically a bonding year at the state legislature. The session starts on February 12th and scheduled to end on May 20th. All bills introduced in 2023 are still in play and there were over 6,700 bills introduced. There were 74 new chapters signed into law in 2023. Administrator Jacobson noted that a major bill that passed was the Adult Use Cannabis bill. She added that rule making is taking place as well as the establishment of the State Office of Cannabis Management. She also highlighted the passage of the Minnesota Paid Family and Medical Leave bill, and the quarter percent sales tax for local affordable housing aid that is already being collected. She noted that a one-time public safety aid payment was received, and that the state put a two-year moratorium on local sales tax requests. She added that the upcoming session may see various bills introduced similar to the one introduced by Representative Elkins last session focusing on preemption relating to local land use and zoning policies. Various parts of the bill have shown bipartisan support. Additional bills may be introduced especially for zoning, land use, high density, and aesthetic requirements. Chief McCarthy stated she has been working with the Office of Traffic Safety on the use of speed cameras. There is a pending House and Senate bill that would allow for the writing of citations from a speed camera. The anticipated legislation may be helpful to the city. Chief McCarthy is also tracking language for another bill regarding the redaction of body worn cameras. CHARITABLE GAMBLING City Administrator Jacobson provided a brief overview of charitable gambling. She noted that the topic was last discussed by council in September of 2019. She highlighted that the main request of interested businesses is for the ability to sell pull -tabs and that two interested parties were in attendance today. Page 2 City Council Work Session 01 23, 2024 Page 15 of 65 Administrator Jacobson highlighted the city's ability to establish an administrative account and require license holders to contribute 10% of their net proceeds to be spent on eligible expenses and eligible purposes within the target area. The target area is defined as Mendota Heights and abutting cities to Mendota Heights. She added that eligible expenses and purposes are defined in state statute. After discussion, council requested more information on possible city revenue, and what the administrative revenue could be spent on. The council also discussed conducting a survey of Mendota Heights residents asking if they would want charitable gambling in the city. As part of the survey these items should be included: charitable gambling should be defined, the cities that allow it, mention businesses do want charitable gambling, discuss the benefits of allowing charitable gambling, include information on who would benefit from charitable gambling, and include some demographic questions such as age and confirmation that respondents were Mendota Heights residents. The answers should be based on a sliding scale such as agree, strongly agree, disagree and strongly disagree. COMMUNITY CENTER FEASIBLITY STUDY UPDATE Parks and Recreation Manager Meredith Lawrence updated the Council on a community center survey that was conducted with West St. Paul. The community center feasibility study is being done as part of West St. Paul's master parks plan. The survey results were preliminary data and more information would be provided at a February meeting. ZONING CODE UPDATE Jennifer Haskamp, Planning Consultant, stated that there were only a few topics that needed to be discussed to be ready for the public open house for the Zoning Code Update. At the last meeting, it was decided to take the traditional neighborhood overlay district (TNO) out of the zoning code update. She noted that character standards associated with the TNO included height averaging of roof lines centered around tear downs and infill redevelopment, and that if someone wanted to exceed that average height it could be done by a conditional use permit. She noted that this standard could be applied universally across R-1 properties. After discussion, it was the consensus to also apply the standard to R-1 properties. Haskamp noted that murals and wall signs are not currently allowed. The Planning Commission is generally in support of allowing them. There is language in the draft zoning code that states murals and wall signs are allowed with an Interim Use Permit. It would run with the business or owner and if the business/owner changed the mural or wall sign would need to be removed. After discussing the topic, it was the consensus to leave the language in the zoning code update and it be presented at the open house. Dog boarding in the Industrial Zone was also discussed and it was the consensus to leave the language in the zoning code update and that it also be presented at the open house. Page 3 City Council Work Session 01 23, 2024 Page 16 of 65 White vinyl fencing would not go in the zoning code update as a restriction. Haskamp stated that the public open house is scheduled for Thursday, February 15, 2024, from 5:30 pm to 7:30 pm. at City Hall. There will be a short presentation at 6:00 pm. The goal is to hold the meeting in -person and virtually. If needed after the open house, anther work session would be set up to address questions or concerns received during the open house. It was noted that a new draft of the zoning code update will be available on the city's website two weeks before the meeting. ADJOURNMENT Mayor Levine adjourned the meeting at 6:49 p.m. Stephanie B. Levine, Mayor ATTEST: Nancy Bauer, City Clerk Page 4 City Council Work Session 01 23, 2024 Page 17 of 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES DECEMBER 20, 2023 The regular meeting of the Mendota Heights Planning Commission was held on Wednesday, December 20, 2023 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Cindy Johnson, Brian Petschel, Brian Udell, Jason Stone, and Andrew Katz. Those absent: None Approval ofAjienda The agenda was approved as submitted. Approval of November 28, 2023 Minutes COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ TO APPROVE THE MINUTES OF NOVEMBER 28, 2023. AYES: 7 NAYS: 0 Acknowledge November 29, 2023 Council and Planning Commission Joint Work Session Minutes COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER CORBETT TO ACKNOWLEDGE THE CITY COUNCIL AND PLANNING COMMISSION JOINT WORK SESSION MINUTES OF NOVEMBER 29, 2023. AYES: 7 NAYS: 0 Hearings A) PLANNING CASE 2023-29 SD CUSTOM HOMES/SEAN DOYLE, 947 WAGON WHEEL TRAIL — WETLANDS PERMIT Community Development Manager Sarah Madden explained that the applicants are seeking a Wetlands Permit to allow the permitting and construction of a new single-family dwelling adjacent to Upper (North) Rogers Lake. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. December 20, 2023 Mendota Heights Planning Commission Meeting Page 1 of 8 Page 18 of 65 Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Petschel asked if condition four is traceable to any existing ordinances, and if not, how that could be required of the applicant. Community Development Manager Sarah Madden replied that within the wetland ordinance it does state any other conditions as reasonably applied by the City related to site conditions. She stated that this has been a topic of discussion and has been included on other permits within the past 18 months. Commissioner Petschel stated that his opinion would be that people cannot be required to do things that are not specified and therefore it should be optional. Commissioner Corbett stated that this discussion has been had before. Commissioner Johnson stated that is actually within City ordinance and provided that language. Commissioner Petschel stated that there is not a requirement for native and pollinator friendly plantings, but agreed that a landscaping plan is required. Chair Field opened the public hearing. Sean Doyle, applicant, stated that he and staff discussed condition four as their common practice is not to have a full landscaping plan at this time. Commissioner Petschel stated that his comment was specific to the native and pollinator friendly species, which is not an actual requirement of the City. Mr. Doyle commented that in general they want to comply and be respectful of the property but have not yet committed to a full landscaping plan. He stated that they will attempt to be respectful of the listed species. Chair Field asked if the applicant agrees with condition four as drafted. Mr. Doyle stated that he would agree but would also favor more options. Commissioner Katz referenced the setback and plan for surrounding pool deck. He asked the need to place those things within the setback rather than adjusting those. December 20, 2023 Mendota Heights Planning Commission Meeting Page 2 of 8 Page 19 of 65 Mr. Doyle commented that those can be adjusted, noting that the pool is not part of this application and those details have not yet been determined. He stated that the no impact zone is different than the setback. He was unsure if the pool deck would need to be outside of the 100-foot setback. Commissioner Petschel commented that the pool deck could be constructed within the 100-foot setback, it would simply require a similar review for the Wetlands Permit. Mr. Doyle commented that they were hoping to receive approvals for the pool and shed tonight but recognize that those will need to come forward separately in the future. Chair Field asked if the plans could be amended to remove the pool and shed to eliminate any confusion of what was approved. Mr. Doyle commented that for his purposes he was showing where those could be located, and the conditions clarify that those elements are not part of the approval. Chair Field stated that perhaps condition 14 is left in there and the site plan is then updated to remove those elements before moving to the City Council. Mr. Doyle confirmed that could be done. Commissioner Udell commented that he would also support removing those items from the site plan. Commissioner Katz asked when a landscaping plan would be submitted. Mr. Doyle stated that they will have that prepared to submit with their building permit application. Commissioner Johnson stated that a detailed site plan showing the landscaping is required for the Planning Commission review. She stated that she also did not show the existing and manmade features within the site and within 500 feet and similar for the drainage which would also be required elements. Commissioner Katz agreed that he does not recall that to be common practice, to forgo the review of a required element with the agreement that staff would review it with the building permit. He stated that he would like to see those required elements before making his recommendation. He appreciated that there is a detailed list of the trees that would be removed but noted that there is no direction on the plants and trees that will be planted in replacement. Mr. Doyle asked for the information that would be desired on a landscaping plan. Commissioner Katz commented that because a pool is potentially being considered, the landscaping may change in the future. December 20, 2023 Mendota Heights Planning Commission Meeting Page 3 of 8 Page 20 of 65 Mr. Doyle noted that the pool would be subject to its own permitting. He stated that the pool and shed are not on the table for consideration tonight and therefore how that might be landscaped would be irrelevant. Chair Field stated that whether or not the pool is included, there would still need to be a plan for landscaping. Public Works Director Ryan Ruzek asked the requirements of the landscaping plan and whether it could be as simple as stating that all disturbed areas shall be sodded or seeded. He stated that there is not a requirement to replace the trees or plants. Community Development Manager Sarah Madden stated that the landscaping plan requirement would be met by the grading plan which shows the trees and vegetation planned for removal. She stated that there are no landscaping requirements within the ordinance. She stated that it would not be up to an ambiguous review of a plan, but based on the allowed removal rate of trees and therefore the site and grading plan would meet the requirement for landscaping. Commissioner Katz stated that there are trees along the shoreline being removed and he would think that a landscaping plan would show the replacement. Community Development Manager Sarah Madden stated that additional trees could be planted but that would go above the ordinance requirements as replanting is not required at this rate of removal. Mr. Doyle commented that his request meets the requirement as presented. He stated that staff has deemed the application to be complete. He stated that it would simply be a guess if they were to come back with a detailed planting plan as there is no additional requirement for plantings. Commissioner Petschel stated that he would deem that the site plan, erosion control plan and grading plan would supply the required information. He stated that the applicant is not required to plant anything in replacement. Commissioner Katz stated that if those trees are removed without replacement that will cause an issue with erosion. Commissioner Petschel stated that if grass is planted that would resolve that issue. Chair Petschel stated that the seed mix for erosion control is specified. Mr. Doyle noted that there is also a no disturb buffer. Commissioner Johnson asked the depth of the seed mix. Mr. Doyle commented that the seed mix is specific to the buffer area. Public Works Director Ryan Ruzek commented that would only apply if there is disturbance as no disturbance is proposed. December 20, 2023 Mendota Heights Planning Commission Meeting Page 4 of 8 Page 21 of 65 Commissioner Corbett asked for clarification on the 500-foot area mentioned by Commissioner Johnson. Commissioner Petschel asked if the contour lines are needed or just the map and asked if the satellite photo would be sufficient. Chair Field stated that he did not believe that the applicant could deal with future features on a separate piece of land that does not currently have plans. Commissioner Corbett asked if that content would impact this decision. Chair Field did not think that would change the decisions tonight. Community Development Manager Sarah Madden commented that in previous applications an aerial photo is used to meet that requirement as has been done with this case. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. Greg Quail, 963 Wagon Wheel, stated that he does not have any objections to the project. He commented that there is a dedicated driveway from the existing bituminous drive that seems to be overbuilt and wondered why that condition is required. Commissioner Petschel commented that appears to be temporary construction for site access. Mr. Quail asked if that would be required as heavy construction equipment would not be going over that area. Public Works Director Ryan Ruzek stated that he is unsure that is a requirement as less than one acre would be disturbed. He noted that rock access is typical to assist in cleaning dirt from the vehicles before going onto the road. He stated that these are temporary erosion control measures that are removed after construction before the final driveway is constructed. Mr. Quail stated that he would like the drainage requirements to be followed because of the elevation of this property as proposed, ensuring that the drainage from this property does not flow to his property. He stated that the addresses shown on the wetlands map are incorrect. Community Development Manager Sarah Madden commented that they took addresses from Dakota County, which show the wrong address for his property. COMMISSIONER STONE MOVED, SECONDED BY COMMISSIONER JOHNSON, TO CLOSE THE PUBLIC HEARING. AYES: 7 NAYS: 0 December 20, 2023 Mendota Heights Planning Commission Meeting Page 5 of 8 Page 22 of 65 Commissioner Petschel asked if the Chair would like a condition added that the pool and shed design be removed from the site plan. Chair Field agreed as he believed that would present a cleaner plan to the City Council. Commissioner Johnson referenced the concern with including native and pollinator friendly plants for condition four. She stated that is a goal within the Comprehensive Plan and a landscaping plan should be shown seeing that those are included. Commissioner Petschel commented that the Comprehensive Plan is not an ordinance and things cannot be required to be done until solidified in ordinance. Commissioner Stone commented that it would seem more of a best practice rather than a policy. COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE REQUESTED WETLANDS PERMIT TO SD CUSTOM HOMES/SEAN DOYLE AND FOR THE PROPERTY LOCATED AT 947 WAGON WHEEL TRAIL, WHICH WOULD ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENTIAL DWELLING, BASED ON THE FINDINGS -OF -FACT AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, THE APPLICANT/DEVELOPER MUST PROVIDE A NEW AND/OR REVISED LICENSE AGREEMENT WITH THE CITY TO APPROVE ANY ACCESS FROM THE UNDEVELOPED SECTION OF ROGERS AVENUE RIGHT-OF-WAY. 2. THE APPLICANT/DEVELOPER MUST PROVIDE TO THE CITY A REVISED (OR NEW) SHARED DRIVEWAY EASEMENT AGREEMENT SIGNED BY ALL OWNERS (OF RECORD) OF THE ADJACENT RESIDENTIAL PROPERTIES UTILIZING ROGERS AVENUE RIGHT-OF-WAY FOR PRIVATE DRIVEWAY ACCESS. 3. THE APPLICANT/DEVELOPER MUST PROVIDE A BEST MANAGEMENT PRACTICES (STORMWATER MANAGEMENT) AGREEMENT TO THE CITY AS PART OF THE BUILDING PERMIT SUBMITTAL AND REVIEW PROCESS. 4. A LANDSCAPE PLAN MUST BE APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF ANY NEW BUILDING PERMIT; AND ALL NEW LANDSCAPING MUST COMPLY WITH THE NATIVE AND POLLINATOR FRIENDLY PLANTINGS LIST OF THE CITY. 5. ALL DISTURBED AREAS ADJACENT TO THE ROGERS LAKE EDGE SHALL BE PLATNED OR SEEDED WITH MNDOT SEED MIX LIST #33-261. 6. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT OR ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY (C.O.) ON THE NEW DWELLING, ALL DISTURBED AREAS MUST BE SHOWN OR DEMONSTRATED THAT THE NEW VEGETATIVE BUFFER SEED MIXTURE WAS SUCCESSFULLY PLANTED, AND PLANT GROWTH HAS BEEN ESTABLISHED, TAKING PLACE OR IS HOLDING. 7. BEST EFFORTS WILL BE MADE BY THE CONTRACTOR(S) TO "COME CLEAN, LEAVE CLEAN" DURING THE COURSE OF ANY CONSTRUCTION ON THE December 20, 2023 Mendota Heights Planning Commission Meeting Page 6 of 8 Page 23 of 65 SUBJECT PROPERTY, AND ENSURE NEW GROUND MULCH OR PLANT MATERIALS ARE FREE OF ANY INVASIVE SPECIES. 8. NO ADDITIONAL GRADING OR OTHER LAND DISTURBANCE SHALL OCCUR WITHIN 37.5 FEET FROM THE EDGE OF THE ADJACENT WATER BODY, EXCEPT FOR THE INSTALLATION OF EROSION CONTROL MEASURES (IF NEEDED) OR FOR THE PLANTINGS OF ANY NEW SEED MIXTURES OR LANDSCAPING MATERIALS, AND ONLY WITH CITY APPROVALS. 9. ANY GRADING AND/OR CONSTRUCTION ACTIVITY RELATED TO THE DEVELOPMENT OF THIS LOT SHALL COMPLY WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND CODES, AS WELL AS IN COMPLIANCE WITH THE CITY'S LAND DISTURBANCE GUIDANCE DOCUMENT. 10. ANY NEW OR EXISTING SANITARY OR WATER SERVICE LINES WILL HAVE TO BE REVIEWED BY THE PUBLIC WORKS DIRECTOR AND/OR ST. PAUL REGIONAL WATER SERVICES PRIOR TO ISSUANCE OF ANY BUILDING PERMIT. 11. FULL EROSION/SEDIMENT MEASURES SHALL BE INSTALLED PRIOR TO COMMENCEMENT OF WORK AND MAINTAINED THROUGHOUT THE DURATION OF THE CONSTRUCTION PROJECT. EROSION BARRIERS SHALL BE PLACED AND MAINTAINED ALONG THE OUTER EDGES OF THE NEW HOME PROJECT WORK AREA AND REMAIN IN PLACE UNTIL ALL DISTURBED AREAS HAVE BEEN RESTORED. 12. THE NEW DWELLING AND ANY RELATED CONSTRUCTION WORK SHALL COMPLY WITH ALL OTHER AND APPLICABLE STANDARDS AND CONDITIONS UNDER TITLE 12, CHAPTER 2, WETLANDS SYSTEMS OF CITY CODE. 13. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION WORK ON THE NEW RESIDENTIAL DWELLING. CONSTRUCTION WORK SHALL OCCUR ONLY BETWEEN THE HOURS OF 7:00 A.M. AND 8:00 P.M. WEEKDAYS; AND 9:00 A.M. TO 5:00 P.M. WEEKENDS. 14. THE CONCEPT BUILDING PAD FOR THE FUTURE SHED AND CONCEPT OUTLINE FOR THE FUTURE POOL ILLUSTRATED ON THE PROVIDED SITE AND GRADING PLAN DO NOT REPRESENT OR PROVIDE ANY PREAPPROVAL OF THESE SITE IMPROVEMENTS. FINAL LAYOUT AND SETBACKS MUST MEET ZONING ORDINANCE STANDARDS AND SHALL BE REVIEWED UNDER SEPARATE WETLANDS AND/OR BUILDING PERMIT APPLICATIONS IN THE FUTURE. 15. THE APPLICANT SHALL REMOVE THE ARTIFACTS REFERENCING THE SHED AND THE POOL FROM THE MAP BEFORE MOVING TO CITY COUNCIL FOR REVIEW. AYES: 5 NAYS: 2 (KATZ AND JOHNSON) Chair Field advised the City Council would consider this application at its January 9, 2024 meeting. December 20, 2023 Mendota Heights Planning Commission Meeting Page 7 of 8 Page 24 of 65 New Business Community Development Manager Sarah Madden provided a brief review of City Council action on planning related items. Adjournment COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON, TO ADJOURN THE MEETING AT 7:57 P.M. AYES: 7 NAYS: 0 December 20, 2023 Mendota Heights Planning Commission Meeting Page 8 of 8 Page 25 of 65 6d CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION November 15, 2023 • 6:00 p.m. City Hall • 1101 Victoria Curve A regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, November 15, 2023 at Mendota Heights City Hall, 1101 Victoria Curve. 1. CaII to Order Due to the Chair and Vice Chair being absent, City Administrator Cheryl Jacobson called the meeting to order at 6:00pm. Motion by Bobbitt and a second by Hamiel to elect David Sloan as a temporary Chair for the meeting. Motion carried 5-0. Commissioners present: Sloan, Dunn, Neuharth, Hamiel and Bobbitt. Commissioners absent: Norling and Sharma. Staff present: City Administrator Jacobson and Parks and Recreation Manager Lawrence. 2. Consent Agenda City Administrator Jacobson presented the consent agenda: a. Approve Minutes from the September 20, 2023 meeting b. Acknowledge Airport Operational Statistics Reports i. Complaint Information ii. Runway Use Information iii. Noise Monitor Information Motion by Bobbitt and a second by Hamiel to approve the consent agenda as presented. Motion carried 5-0. 3. Public Comments There were no members of the public present. 4. Business a. Update on MSP VOR-MON and Procedure Development City Administrator Jacobson presented information on the FAA's proposed RNAV procedures that are being reviewed by the Noise Oversight Committee (NOC). A subcommittee of the NOC has been formed that City Administrator Jacobson sits on. Commission members reviewed a map from May 17, 2023 that outlines historical data in regards to departures. With the VOR-MON being decommissioned the RNVAV procedures are being updated with the goal of enhancing safety and maintaining efficiency. Page 26 of 65 The Commission discussed how RNAV was proposed about ten years ago and that now the FAA has more tools for a successful implementation. Commissioners present reviewed departures from runways 12L, 12R and 17 and reviewed initial leg types. Commissioner Bobbitt shared that ideally the planes would take off on the 35/494 area, but that may be difficult to achieve. Commissioner Hamiel commented that as technology continues to improve, engine noise will likely continue to decrease. The general consensus regarding the procedure development was that as of now there is not enough information, but as more information comes along the Commission will continue to review what is provided to provide feedback. City Administrator Jacobson shared that the City of Minneapolis just released a Request for Proposals (RFP) for a third party to review the discussed procedures. The City of Minneapolis had reached out to the City of Mendota Heights to see if they had interest in hiring a consultant as well. The consensus of the Commissioners was to try to review the data and procedures on their own first, before hiring a consultant if necessary. b. Review of Commissioner Terms City Administrator Jacobson presented information on the term limits approved by the City Council moving forward. Commissioner Dunn had earlier advised staff assign terms however they see fit. City Administrator Jacobson presented the proposed commissioner terms which will begin on February 1, 2024. Motion by Dunn and a second by Sloan to approve the presented commissioner term assignments. Motion carried 5-0. c. 2024 Meeting Dates City Administrator Jacobson presented the 2024 schedule of meetings for the Airport Commission. The Commission agreed should they need to meet more often; a special meeting could be called. Motion by Neuharth and a second by Dunn to approve the 2024 meeting dates. Motion carried 5-0. 5. Information and Correspondence None. 6. Announcements and Commissioner Comments None. 7. Adjourn Meeting 8. Adjourn Meeting Motion by Bobbitt and second by Neuharth to adjourn the meeting. Motion carried 6-0. Chair Sloan adjourned the meeting at 6:50pm. Page 27 of 65 6e ELI] REQUEST FOR CITY COUNCIL ACTON MEETING DATE: February 6, 2024 AGENDA ITEM: Approve Field Renovation Work at Marie Park ITEM TYPE: 0 Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Parks and Recreation CONTACT: ACTION REQUEST: Meredith Lawrence, Parks and Recreation Manager John Boland, Public Works Superintendent Approve the Field Renovation Work at Marie Park by Minnesota Sodding Company (MSC) in the amount of $7,704.05. BACKGROUND: The Two Rivers Athletic Association (TRAA) has brought forth concerns to the City regarding the infield surface and lips that have developed over the years at the Marie Park ballfield. Staff worked to develop the scope of the renovation work needed and included the following: • Laser survey of existing surface and prescription build for grading purposes • Edging of outside arc using 60' dimension • Grading of entire surface to allow sheet drain of surface to outfield • Installation of new base anchors and home plate • Machine grade surface to 1/8" tolerance • Excess aglime hauled out by the City • Any additional material supplied by the City if necessary (not anticipated) This project is anticipated to be completed in May. The field will need to be shut down for usage for a few days during the process. Staff will work with the field users to coordinate moving activities to a different location temporarily. FISCAL AND RESOURCE IMPACT: Included in the FY2024 General Fund budget was $10,000 for this project. Staff has received the following bids for this project: Page 28 of 65 • Minnesota Sodding Company (MSC): $7,704.05 • Magic Turf: $9,590.00 MSC has done work for the City of Mendota Heights in the past and staff feels they do a great job on our projects. ATTACHMENTS: MSC Project Proposal CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government Page 29 of 65 msc Minnesota Sodding Company CITY OF MENDOTA HEIGHTS 2431 S. LEXINGTON AVE. MENDOTA HEIGHTS, MN 55120 Marie Park Infield Reno 2024 Sales: Ben Boeding Mendota Heights Marie Infield Reno 2024 1780 Lilac Lane Mendota Heights, Minnesota 55118 Est ID: EST4211350 Email: johnb@mendota-heights.com Date: Jan-10-2024 Phone: 651.454.4059 Marie Park infield renovation • Survey of infield and prescription build of field surface for grading. • Edging of back arc and grading of infield to sheet drain from third base to 2nd baseman arc position. • Pitching rubber @ 46 feet. • Arc reset @ 60 feet. • Installation of 4 sided 6" pitching rubber supplied by owner. • Installation of (4) base anchors @ 60 feet. o Double anchor @ 1st base • Installation of 40# Bulldog double sided home plate. • Machine control graded to 1/8th inch tolerance. • Excess aglime hauled out by owner. • Spoils moved to parking lot for removal by the city. Subtotal Taxes $7,704.05 $0.00 Estimate Total • Assumes minimum N6 inch aglime depth across the infield. • Any additional material supplied by owner. • Spoils removed to the parking lot for disposal by owner. *QUOTE IS GOOD FOR 30 DAYS* $7,704.05 Minnesota Sodding Company 14 Old Deerfield Rd Welch, MN 55089 P.651-438-3867 www. m nsodco. com Bboeding@mnsodco.com page 1 of 2 *PRICE DOES NOT INCLUDE TAX* Page 30 of 65 Contractor: Signature Date: Ben Boeding 01/15/2024 Client: Signature Date: Minnesota Sodding Company 14 Old Deerfield Rd Welch, MN 55089 P.651-438-3867 www. m nsodco. com Bboeding@mnsodco.com page 2 of 2 Page 31 of 65 6f ELI] REQUEST FOR CITY COUNCIL ACTON MEETING DATE: February 6, 2024 AGENDA ITEM: Authorize Out of Metro Travel- Fire Department ITEM TYPE: 0 Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Fire CONTACT: Dan Johnson, Fire Training Officer ACTION REQUEST: Authorize out of metro travel for firefighters Pete Madland and Jeffrey Bostic to the 2024 Fire Officer & Training Officer Fire School in Duluth, MN, March 15 through the 17. BACKGROUND: City policy requires that the City Council approve any travel to a location out of the metro area for city employees. FISCAL AND RESOURCE IMPACT: Estimated lodging and registration will be $1,117 for the two firefighters. Funding is available in the 2024 Fire budget to cover the costs of this school. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship 0 Premier Public Services & Infrastructure 0 Inclusive and Responsive Government Page 32 of 65 Page 33 of 65 6g REQUEST FOR CITY COUNCIL ACTON MEETING DATE: February 6, 2024 AGENDA ITEM: Authorize the Purchase of Fire Department Turn -Out Gear ITEM TYPE: 0 Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Fire CONTACT: Dave Dreelan, Fire Chief ACTION REQUEST: Authorize the purchase of eight (8) sets of firefighter turn -out gear at the quoted amount of $31,592.00 from Fire Equipment Specialties. BACKGROUND: Included in the 2024 Fire Departments operating budget is funding for the ongoing replacement of firefighter turnout -gear. The department's Gear and Uniform Committee is continuously evaluating the age and condition of the turn -out gear worn by the members, the amount of spare gear available, and planning for providing the department's most recent rookie class proper gear. A recent inspection and evaluation of the turn -out gear found that eight sets of new gear are needed to meet operational needs. A quote from Fire Equipment Specialties, who is the only local supplier of the department's specified turn -out gear, was received in the amount of $3,949.00 per set. FISCAL AND RESOURCE IMPACT: The replacement of turn -out gear is a FY2024 budgeted expense. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive and Responsive Government Page 34 of 65 Page 35 of 65 6h ELI] REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 6, 2024 AGENDA ITEM: Approve Administrative Coordinator/Deputy City Clerk Hire and Authorize Posting for Office Support Assistant Position ITEM TYPE: ❑x Consent ❑ Presentation/Recognition ❑ Public Hearing ❑ New/Unfinished Business DEPARTMENT: Administration ACTION REQUEST: CONTACT: Kelly Torkelson, Assistant City Administrator The City Council is asked to approve the hiring of Sheila Robertson as Administrative Coordinator/Deputy City Clerk and authorize the posting of the vacant Office Support Assistant position. BACKGROUND: The City Council authorized the position posting to fill the vacant Administrative Coordinator/Deputy City Clerk position at its November 21 meeting. Staff are pleased to recommend the hiring of Sheila Roberson as the new Administrative Coordinator/Deputy City Clerk. Sheila currently serves as the City's full-time Office Support Assistant and has developed a strong understanding of city operations through her work in code enforcement, parks and recreation, elections support, and general administrative support. These skills set her up to excel in her new role as Administrative Coordinator/Deputy City Clerk. Staff are requesting to authorize Sheila Robertson's hire at a step 4 of pay grade 7 with an annual salary of $73,625. With Sheila's promotion to Administrative Coordinator/ Deputy City Clerk, her current position will be vacant. Staff requests authorization to post the position of Office Support Assistant, which is at pay grade 4 of the city's compensation scale with a hiring range of $55,756-$61,818 (steps 1-4). This represents the third position in the last 12 months which has been filled with an internal hire. This pattern reflects the city's goal to develop staff for advancement in the organization which promotes retention as well as staff who are familiar with the organization and the Mendota Heights community. FISCAL AND RESOURCE IMPACT: Page 36 of 65 This is a budgeted position for 2024. ATTACHMENTS: None CITY COUNCIL PRIORITY: ❑ Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑x Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government Page 37 of 65 6i 1101 Victoria Curve I Mendota Heights, MN 55118 651.452.1850 phone I 651.452.8940 fax www.mendotaheightsmn.gov CITY OF MENDOTA HEIGHTS Request for City Council Action MEETING DATE: February 6, 2024 TO: Mayor, City Council and City Administrator FROM: Kristen Schabacker, Finance Director SUBJECT: Claims List Summary BACKGROUND Significant Claims Inver Grove Ford — 2024 Pickup Truck Streets Dept Met Council Environ Services — Sewer Service & Dec SAC Axon Enterprise — Operating Supplies - Police Cargill Inc — Deicer Street Dept Lexipol — 2024 Police Policy & Training Bulletins Pourquoi Pas Coaching — Police Dept Training Response Technologies — Varda — Police Dept Schlomka Service — Storm Water Cleaning/Pumping Manual Checks Total System Checks Total $ 38,842.50 $ 114,482.60 $ 20,971.80 $ 13,412.37 $ 10,254.78 $ 9,000.00 $ 6,740.00 $ 4,800.00 $ 159,518.24 $ 130,363.71 Total for the list of claims for the February 6, 2024 City Council meeting $ 289,881.95 RECOMMENDATION Staff recommends that the Mendota Heights City Council approve the list of claims for February 6, 2024. CITY OF MENDOTA HEIGHTS Claims List MANUAL CHECKS 01/30/24 MAN Account Comments DEPT Descr Amount Page 38 of 65 02/01/24 10:51 AM Page 1 INVER GROVE FORD E 04-4620-000-00 2024 PICKUP TRUCK - STREET Spec Fds INVER GROVE FORD MRPA E 01-4400-070-70 MRPA METRO COUNCIL ENVIRONMENT SVC $38,842.50 $38,842.50 PLAYGROUND INSPECTOR COU Parks & Recreation $740.00 $740.00 G 15-2010 DEC SAC G 15-2010 DEC SAC E 15-4449-060-60 FEB SEWER SERVICE METRO COUNCIL ENVIRONMENT SVC MISSION SQUARE (ICMA RETIREMENT) G 01-2073 1/19/24 PAYROLL G 01-2072 1/19/24 PAYROLL MISSION SQUARE (ICMA RETIREMENT) MN POLLUTION CONTROL AGENCY E 01-4400-070-70 E 01-4400-050-50 E 15-4400-060-60 MN POLLUTION CONTROL AGENCY US POSTAL SERVICE G 01-1210 Utility Enterprise 2024 COLLECTION SYSTEM EX Parks & Recreation 2024 COLLECTION SYSTEM EX Road & Bridges 2024 COLLECTION SYSTEM EX Utility Enterprise -$49.70 $4,970.00 $109,562.30 $114,482.60 $150.00 $3,540.00 $3,690.00 $108.33 $108.33 $108.34 $325.00 REPLENISH POSTAGE METER $1,200.00 US POSTAL SERVICE $1,200.00 XCEL ENERGY G 45-2010 UTILITIES $60.73 G 01-2010 UTILITIES $67.88 G 01-2010 UTILITIES $11.50 G 01-2010 UTILITIES $14.30 G 01-2010 UTILITIES $16.33 G 45-2010 UTILITIES $84.97 G 45-2010 UTILITIES -$33.31 G 01-2010 UTILITIES $15.74 XCEL ENERGY $238.14 $159,518.24 Page 39 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 1 ADVANCED SPORTSWEAR E 45-4410-045-45 ADVANCED SPORTSWEAR AHERN G 01-2010 G 01-2010 AHERN ALLEGRA PRINT & IMAGING E 01-4300-020-20 E 15-4300-060-60 E 01-4300-050-50 E 01-4300-070-70 E 01-4300-110-10 E 01-4300-105-15 ALLEGRA PRINT & IMAGING STAFF UNIFORMS - PAR 3 Golf Course REFUND BLDG PERMIT # 2889 REFUND BLDG PERMIT # 2889 BUSINESS CARDS - C. HOGAN TIME CARDS - PW TIME CARDS - PW TIME CARDS - PW BUSINESS CARDS - N. BAUER BUSINESS CARDS - L. RITCHIE AMEE CENTRAL (AMERICAN MADE ELECT E 01-4490-640-12 VOTING BOOTH - ELECTIONS AMEE CENTRAL (AMERICAN MADE ELECT ARAMARK (AMERIPRIDE SERVICES) E 01-4410-050-50 E 01-4200-610-70 E 01-4200-610-70 E 15-4200-610-60 E 01-4410-050-50 E 01-4200-610-50 E 15-4200-610-60 E 01-4200-610-50 ARAMARK (AMERIPRIDE SERVICES) AXON ENTERPRISE (TASER INTL) E 01-4223-020-20 E 01-4223-020-20 AXON ENTERPRISE (TASER INTL) BGMN, INC. E 01-4320-070-70 E 01-4320-110-10 E 15-4320-060-60 E 01-4320-020-20 E 01-4320-030-30 E 01-4320-050-50 BGMN, INC. BLANKS, JAFFREY G 01-2010 BLANKS, JAFFREY BLUE TARP FINANCIAL E 01-4330-490-70 BLUE TARP FINANCIAL UNIFORM - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW UNIFORM - PW MAT SERVICE - PW MAT SERVICE - PW MAT SERVICE - PW AXON CAMERA - PD AXON CAMERA - PD FUEL ADDITIVE FUEL ADDITIVE FUEL ADDITIVE FUEL ADDITIVE FUEL ADDITIVE FUEL ADDITIVE 2023 4TH QTR PARK & REC CO Police Utility Enterprise Road & Bridges Parks & Recreation Administration Engineering Enterprise Elections Road & Bridges Parks & Recreation Parks & Recreation Utility Enterprise Road & Bridges Road & Bridges Utility Enterprise Road & Bridges Police Police Parks & Recreation Administration Utility Enterprise Police Fire Road & Bridges EQUIP REPAIR - PARKS Parks & Recreation $276.25 $276.25 $4,139.44 $170.76 $4,310.20 $67.85 $109.93 $109.92 $109.92 $61.58 $61.58 $520.78 $310.00 $310.00 $11.36 $15.27 $13.09 $13.09 $11.36 $15.27 $15.27 $13.09 $107.80 $196.14 $20,775.66 $20,971.80 $82.30 $82.29 $82.30 $82.29 $82.29 $82.29 $493.76 $100.00 $100.00 $191.24 $191.24 Page 40 of 65 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Account Comments DEPT Descr Amount 02/01/24 11:10 AM Page 2 BOBBITT, BRUCE G 01-2010 BOBB1I I, BRUCE BOLTON & MENK INC E 19-4220-000-00 BOLTON & MENK INC BRENNAN, ANDREW E 01-4410-070-70 BRENNAN, ANDREW CARGILL INCORPORATED E 01-4421-050-50 CARGILL INCORPORATED CONCENTRA HEALTH SERVICES, INC E 01-4220-050-50 CONCENTRA HEALTH SERVICES, INC CORBETT, PATRICK E 01-4490-080-80 CORBEI I, PATRICK DAKOTA COUNTY FINANCIAL SERVIC G 01-2035 DAKOTA COUNTY FINANCIAL SERVIC DCA TITLE E 01-4220-070-70 DCA TITLE DELTA DENTAL E 01-4131-105-15 E 01-4131-020-20 G 01-2074 E 08-4131-000-00 E 01-4131-050-50 E 01-4131-030-30 E 01-4131-020-20 E 01-4131-110-10 E 15-4131-060-60 E 01-4131-070-70 G 01-2071 DELTA DENTAL DLT SOLUTIONS, LLC G 01-1215 E 01-4301-114-14 DLT SOLUTIONS, LLC DUNN, BILL G 01-2010 DUNN, BILL 2023 4TH QTR ARC COMMISSI MARIE AVE BRIDGE Spec Fds CLOTHING REIMBURSEMENT - Parks & Recreation DEICER - STREET TESTING - PW Road & Bridges Road & Bridges 2023 4TH QTR PLANNING COM Planning 4TH QTR 2023 UTILITIES TITLE SERVICES - OHEYAWAHE Parks & Recreation FEB 2024 DENTAL PREMIUM Engineering Enterprise FEB 2024 DENTAL PREMIUM Police FEB 2024 DENTAL PREMIUM FEB 2024 DENTAL PREMIUM Spec Fds FEB 2024 DENTAL PREMIUM Road & Bridges FEB 2024 DENTAL PREMIUM Fire FEB 2024 DENTAL PREMIUM Police FEB 2024 DENTAL PREMIUM Administration FEB 2024 DENTAL PREMIUM Utility Enterprise FEB 2024 DENTAL PREMIUM Parks & Recreation FEB 2024 DENTAL PREMIUM SOFTWARE SUBSCRIPTION SOFTWARE SUBSCRIPTION Info Tech 2023 4TH QTR ARC COMMISSI $25.00 $25.00 $993.50 $993.50 $64.99 $64.99 $13,412.37 $13,412.37 $146.00 $146.00 $75.00 $75.00 $495.82 $495.82 $360.00 $360.00 $102.08 $153.12 $1,015.27 $51.04 $446.13 $51.04 $1,631.62 $783.53 $248.59 $306.24 $745.77 $5,534.43 $567.27 $2,836.40 $3,403.67 $25.00 $25.00 Page 41 of 65 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Account Comments DEPT Descr Amount 02/01/24 11:10 AM Page 3 EHLERS & ASSOCIATES INC G 39-2010 EHLERS & ASSOCIATES INC ELLIE FAMILY SERVICES G 01-2010 ELLIE FAMILY SERVICES ESS BROTHERS & SONS INC E 01-4422-050-50 ESS BROTHERS & SONS INC TIF REPORTING $140.00 $140.00 WELLNESS SERVICES - PD $1,210.00 $1,210.00 STREET MAINT. MATERIALS Road & Bridges $1,021.20 $1,021.20 EYE MED E 01-4131-105-15 FEB 2024 PREMIUM Engineering Enterprise $20.52 G 01-2074 FEB 2024 PREMIUM $10.27 G 01-2071 FEB 2024 PREMIUM $20.22 E 08-4131-000-00 FEB 2024 PREMIUM Spec Fds $5.13 E 01-4131-070-70 FEB 2024 PREMIUM Parks & Recreation $5.13 E 01-4131-050-50 FEB 2024 PREMIUM Road & Bridges $14.88 E 01-4131-020-20 FEB 2024 PREMIUM Police $100.79 E 01-4131-110-10 FEB 2024 PREMIUM Administration $64.56 E 15-4131-060-60 FEB 2024 PREMIUM Utility Enterprise $15.09 EYE MED $256.59 FIELD, LI I ION JR G 01-2010 FIELD, LITTON JR 2023 4TH QTR PLANNING COM $100.00 $100.00 FIRE EQUIPMENT SPECIALTIES E 01-4305-155-30 OPERATING SUPPLIES - FIRE Fire $220.00 E 01-4305-156-30 OPERATING SUPPLIES - FIRE Fire $185.57 E 01-4305-156-30 OPERATING SUPPLIES - FIRE Fire $194.27 E 01-4330-460-30 EQUIP REPAIR - FIRE Fire $145.32 FIRE EQUIPMENT SPECIALTIES $745.16 FIRE MARSHALL ASSOCIATION OF MN E 01-4404-030-30 2024 FMAM MEMBERSHIP - J. K Fire $40.00 FIRE MARSHALL ASSOCIATION OF MN $40.00 FLEETPRIDE E 15-4330-490-60 EQUIP REPAIR - UTILITY Utility Enterprise $97.39 E 45-4330-490-45 EQUIP REPAIR - PAR 3 Golf Course $10.75 G 01-2035 EQUIP REPAIR - PAR 3 -$0.69 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $30.06 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $8.42 E 01-4330-440-20 EQUIP REPAIR - PD Police $39.48 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $24.12 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $899.10 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $10.43 E 01-4330-490-70 EQUIP REPAIR - PARKS Parks & Recreation $79.00 E 01-4330-490-50 EQUIP REPAIR - STREET Road & Bridges $52.49 E 01-4330-490-50 EQUIP REPAIR - STREET Road & Bridges $584.41 FLEETPRIDE $1,834.96 Page 42 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 4 FORCE AMERICA E 01-4305-070-70 FORCE AMERICA FURTHER (SELECT ACCOUNT) E 01-4131-020-20 E 08-4131-000-00 E 01-4131-110-10 E 01-4131-050-50 E 01-4131-070-70 E 01-4131-105-15 FURTHER (SELECT ACCOUNT) HAMIEL, JEFFREY G 01-2010 HAMIEL, JEFFREY HANSON, TICA G 01-2010 HANSON, TICA HELPING HANDS HOME SERVICES E 01-4335-315-30 HELPING HANDS HOME SERVICES HOME DEPOT CREDIT SERVICES E 01-4330-490-70 E 01-4330-490-70 E 01-4330-490-70 E 15-4305-060-60 E 01-4305-050-50 E 01-4305-070-70 E 08-4335-000-00 G 01-2010 HOME DEPOT CREDIT SERVICES HOSE INC E 01-4330-490-50 HOSE INC HUSBANDS, ROSEMARY G 01-2010 HUSBANDS, ROSEMARY OPERATING SUPPLIES - PARKS Parks & Recreation JAN 2024 PARTICIPANT FEE JAN 2024 PARTICIPANT FEE JAN 2024 PARTICIPANT FEE JAN 2024 PARTICIPANT FEE JAN 2024 PARTICIPANT FEE JAN 2024 PARTICIPANT FEE Police Spec Fds Administration Road & Bridges Parks & Recreation Engineering Enterprise 2023 4TH QTR ARC COMMISSI 2023 4TH QTR PARK & REC CO JAN 2024 BLDG MAINT - FIRE Fire EQUIP REPAIR - PARKS EQUIP REPAIR - PARKS EQUIP REPAIR - PARKS OPERATING SUPPLIES - UTILIT OPERATING SUPPLIES - STREE OPERATING SUPPLIES - PARKS BLDG MAINT - CITY HALL OPERATING SUPPLIES - PARKS EQUIP REPAIR - STREET 2023 4TH QTR NATURAL RESO IDEAL ENERGIES SOLAR LEASING 2021 E 01-4213-030-30 SOLAR PANEL LEASE - FIRE IDEAL ENERGIES SOLAR LEASING 2021 INNOVATIVE OFFICE SOLUTIONS E 01-4300-040-40 E 01-4300-020-20 E 15-4300-060-60 E 01-4300-070-70 E 01-4300-030-30 PAPER PAPER PAPER PAPER. PAPER Parks & Recreation Parks & Recreation Parks & Recreation Utility Enterprise Road & Bridges Parks & Recreation Spec Fds Road & Bridges Fire Code Enforcement/Inspe Police Utility Enterprise Parks & Recreation Fire $374.42 $374.42 $46.45 $2.25 $23.55 $8.60 $11.25 $6.75 $98.85 $25.00 $25.00 $100.00 $100.00 $640.00 $640.00 -$74.65 $91.77 $49.41 $7.65 $7.66 $7.66 $13.46 $14.21 117.17 $232.27 $232.27 $75.00 $75.00 $160.57 $160.57 $41.38 $36.20 $10.34 $43.96 $18.10 Page 43 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 5 E 01-4300-105-15 E 01-4300-110-10 E 01-4300-640-12 E 01-4300-640-12 E 15-4300-060-60 E 01-4300-110-10 E 01-4300-020-20 E 01-4300-110-10 E 01-4300-080-80 INNOVATIVE OFFICE SOLUTIONS INTERSTATE BATTERY SYSTEM E 01-4330-490-50 G 01-2010 INTERSTATE BATTERY SYSTEM JOHNSON, CINDY G 01-2010 JOHNSON, CINDY KATZ, ANDREW G 01-2010 KATZ, ANDREW KNOSALLA, LORI G 01-2010 KNOSALLA, LORI LELS G 01-2075 LELS LAWMAN BADGE COMPANY G 01-2010 LAWMAN BADGE COMPANY LEXIPOL, LLC E 01-4223-020-20 LEXIPOL, LLC LOCAL UNION NO. 70 G 01-2075 LOCAL UNION NO. 70 MCCASLIN, TED G 01-2010 MCCASLIN, TED MENARDS E 08-4335-000-00 E 01-4330-490-70 E 01-4305-070-70 E 08-4335-000-00 E 15-4335-310-60 E 01-4335-310-50 PAPER OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - ELECTIONS OFFICE SUPPLIES - ELECTIONS OFFICE SUPPLIES - UTILITY OFFICE SUPPLIES - ADMIN OFFICE SUPPLIES - PD PAPER PAPER EQUIP REPAIR - STREET EQUIP REPAIR - STREET Engineering Enterprise Administration Elections Elections Utility Enterprise Administration Police Administration Planning Road & Bridges 2023 4TH QTR PLANNING COM 2023 4TH QTR PLANNING COM 2023 4TH QTR NATURAL RESO FEBRUARY 2024 UNION DUES BADGES - PD 2024 POLICY & TRAINING BUL Police FEBRUARY 2024 UNION DUES 2023 4TH QTR NATURAL RESO BLDG MAINT - CITY HALL Spec Fds EQUIP REPAIR - PARKS Parks & Recreation EQUIP REPAIR - PARKS Parks & Recreation BLDG MAINT - CITY HALL Spec Fds BLDG MAINT - PW Utility Enterprise BLDG MAINT - PW Road & Bridges $33.62 $28.83 $24.26 $29.60 $16.84 $24.00 $28.93 $294.81 $38.79 $669.66 $66.94 -$5.00 $61.94 $125.00 $125.00 $100.00 $100.00 $100.00 $100.00 $1,057.50 $1,057.50 $285.00 $285.00 $10,254.78 $10,254.78 $90.50 $90.50 $100.00 $100.00 $30.95 $3.83 $21.03 $32.13 $44.73 $44.73 Page 44 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 6 E 01-4335-310-70 BLDG MAINT - PW Parks & Recreation $44.73 E 01-4305-050-50 OPERATING SUPPLIES - STREE Road & Bridges $127.00 MENARDS $349.13 MENDOTA HEIGHTS, CITY OF G 45-2010 2023 4TH QTR SEWER - PAR 3 $395.40 MENDOTA HEIGHTS, CITY OF $395.40 MENDOTA, CITY OF G 15-2035 2023 4TH QTR SEWER BILLING $765.00 MENDOTA, CITY OF $765.00 METRO AREA MGMT ASSOCIATION E 01-4404-110-10 2024 MEMBERSHIP - C. JACOB Administration $45.00 METRO AREA MGMT ASSOCIATION $45.00 METRO SALES G 01-2010 DEC 2023 COPIER/PRINTER LE $1,581.61 G 01-2010 DEC 2023 COPIER/PRINTER LE $18.39 G 01-2010 DEC 2023 COPIER/PRINTER LE $18.39 G 15-2010 DEC 2023 COPIER/PRINTER LE $18.39 G 01-2010 DEC 2023 COPIER/PRINTER LE $260.55 G 01-2010 DEC 2023 COPIER/PRINTER LE $149.18 METRO SALES $2,046.51 MEYER, STEPHANIE G 01-2010 2023 4TH QTR PARK & REC CO $25.00 MEYER, STEPHANIE $25.00 MILBERN CLOTHING CO., INC. G 01-2010 UNIFORM - FIRE $420.00 G 01-2010 UNIFORM - FIRE $1,042.22 MILBERN CLOTHING CO., INC. $1,462.22 MN GLOVE INC E 01-4410-050-50 UNIFORM - STREET Road & Bridges $189.99 MN GLOVE INC $189.99 MN POLLUTION CONTROL AGENCY E 15-4400-060-60 SC/SD EXAM REFRESHER - N. C Utility Enterprise $108.34 E 01-4400-070-70 SC/SD EXAM REFRESHER - N. C Parks & Recreation $108.33 E 01-4400-050-50 SC/SD EXAM REFRESHER - N. C Road & Bridges $108.33 MN POLLUTION CONTROL AGENCY $325.00 MN STATE FIRE CHIEFS ASSN E 01-4400-030-30 TRAINING - FIRE Fire $285.00 E 01-4400-030-30 TRAINING - FIRE Fire $570.00 MN STATE FIRE CHIEFS ASSN $855.00 MNPEA G 01-2075 FEBRUARY 2024 UNION DUES $117.00 MNPEA $117.00 MOCIC E 01-4404-020-20 2024 MOCIC MEMBERSHIP Police $150.00 Page 45 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 7 MOCIC MULLER, MICHELLE G 01-2010 MULLER, MICHELLE NAC MECHANICAL & ELECTRIC E 01-4335-315-30 E 01-4335-315-30 NAC MECHANICAL & ELECTRIC NEUHARTH, JIM G 01-2010 NEUHARTH, JIM NORTHFIELD SOLAR LLC G 01-2010 G 45-2010 G 45-2010 G 28-2010 G 15-2010 G 15-2010 G 08-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 NORTHFIELD SOLAR LLC NORTHLAND CHEMICAL E 15-4300-060-60 E 01-4300-050-50 E 01-4300-070-70 NORTHLAND CHEMICAL NYSTROM PUBLISHING CO., INC. E 01-4435-200-70 NYSTROM PUBLISHING CO., INC. ODP BUSINESS (OFFICE DEPOT) E 01-4300-110-10 ODP BUSINESS (OFFICE DEPOT) OREILLY AUTO/FIRST CALL G 01-2010 G 01-2010 G 15-2010 G 01-2010 G 01-2010 G 01-2010 G 01-2010 G 15-2010 E 01-4305-050-50 E 01-4305-070-70 E 01-4305-050-50 2023 4TH QTR PARK & REC CO BLDG MAINT - FIRE BLDG MAINT - FIRE 2023 4TH QTR ARC COMMISSI DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES DEC 2023 ELECTRIC UTILITIES SUPPLIES - PW SUPPLIES - PW SUPPLIES - PW WINTER POSTCARDS - REC SUPPLIES - ADMIN OPERATING SUPPLIES - PARKS EQUIP REPAIR - PD OPERATING SUPPLIES - UTILIT OPERATING SUPPLIES - STREE OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - STREE OPERATING SUPPLIES - STREE OPERATING SUPPLIES - UTILIT OPERATING SUPPLIES - STREE OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - STREE Fire Fire Utility Enterprise Road & Bridges Parks & Recreation Parks & Recreation Administration Road & Bridges Parks & Recreation Road & Bridges $150.00 $75.00 $75.00 $1,749.00 $1,676.08 $3,425.08 $25.00 $25.00 $103.16 $19.61 $13.93 $504.88 $301.77 $103.16 $903.78 $108.43 $305.86 $103.16 $63.07 $2,530.81 $49.19 $49.18 $49.18 $147.55 $2,803.90 $2,803.90 $21.99 $21.99 $27.92 -$329.56 $27.92 $27.92 $27.92 $27.92 $15.99 $16.00 $41.88 $27.92 $27.92 Page 46 of 65 Account CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Comments DEPT Descr Amount 02/01/24 11:10 AM Page 8 E 15-4305-060-60 G 01-2010 G 01-2010 G 15-2010 OREILLY AUTO/FIRST CALL OXYGEN SERVICE CO OPERATING SUPPLIES - UTILIT Utility Enterprise EQUIP REPAIR - PARKS OPERATING SUPPLIES - PARKS OPERATING SUPPLIES - UTILIT E 01-4305-020-20 OPERATING SUPPLIES - PD Police OXYGEN SERVICE CO PETSCHEL, BRIAN G 01-2010 2023 4TH QTR PLANNING COM PETSCHEL, BRIAN POURQUOI PAS COACHING INTERNATIONAL E 01-4400-020-20 LEADERSHIP TRAINING - PD Police POURQUOI PAS COACHING INTERNATIONAL PRIORITY COURIER EXPERTS E 01-4490-110-10 PRIORITY COURIER EXPERTS RAY 0 HERRON CO. INC. G 01-2010 RAY 0 HERRON CO. INC. RENT N SAVE G 01-2010 RENT N SAVE RESPONSE TECHNOLOGIES, LTD E 01-4620-020-20 RESPONSE TECHNOLOGIES, LTD ROSEVILLE MIDWAY FORD COURIER - ADMIN Administration AMMUNITION - PD DEC 2023 RENTALS - PARKS VARDA (VOICE ACTIVATED RA Police $27.92 $12.98 $15.99 $27.92 $24.56 $341.09 $341.09 $100.00 $100.00 $9,000.00 $9,000.00 $31.43 $31.43 $2,541.00 $2,541.00 $1,160.00 $1,160.00 $6,740.00 $6,740.00 E 01-4330-440-20 EQUIP REPAIR - PD Police $210.00 E 01-4330-490-50 EQUIP REPAIR - STREET Road & Bridges $737.66 E 01-4330-490-50 EQUIP REPAIR - STREET Road & Bridges $26.98 ROSEVILLE MIDWAY FORD $974.64 SAKATAH CARVERS E 01-4435-200-70 ICE CARVING - FROZEN FUN F Parks & Recreation $1,080.00 SAKATAH CARVERS $1,080.00 SAVATREE E 01-4500-075-75 TREE SERVICES Natural Resources $3,737.00 SAVATREE $3,737.00 SCHIFSKY, JO G 01-2010 2023 4TH QTR PAR & REC COM $100.00 SCHIFSKY, JO $100.00 SCHLOMKA SERVICES, LLC G 29-2010 PUMP CLEAN STORM SEWER C $4,800.00 SCHLOMKA SERVICES, LLC $4,800.00 Page 47 of 65 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Account Comments DEPT Descr Amount 02/01/24 11:10 AM Page 9 SHERER, DAN G 01-2010 SHERER, DAN SLOAN, DAVE G 01-2010 SLOAN, DAVE SOUTH ST. PAUL ANIMAL HOSPITAL G 01-2010 SOUTH ST. PAUL ANIMAL HOSPITAL STANDARD INSURANCE G 01-2071 G 01-2074 E 15-4131-060-60 E 08-4131-000-00 E 01-4131-105-15 E 01-4131-070-70 E 01-4131-050-50 E 01-4131-030-30 G 01-1145 E 01-4131-020-20 E 01-4131-110-10 G 01-1145 STANDARD INSURANCE 2023 4TH QTR PARK & REC CO 2023 4TH QTR ARC COMMISSI 2023 ANIMAL IMPOUNDS $75.00 $75.00 $25.00 $25.00 $2,077.88 $2,077.88 FEB 2024 PREMIUM - LIFE/DIS $1,393.75 FEB 2024 PREMIUM - LIFE/DIS $1.10 FEB 2024 PREMIUM - LIFE/DIS Utility Enterprise $180.48 FEB 2024 PREMIUM - LIFE/DIS Spec Fds $133.16 FEB 2024 PREMIUM - LIFE/DIS Engineering Enterprise $203.22 FEB 2024 PREMIUM - LIFE/DIS Parks & Recreation $239.48 FEB 2024 PREMIUM - LIFE/DIS Road & Bridges $230.55 FEB 2024 PREMIUM - LIFE/DIS Fire $1.40 FEB 2024 PREMIUM - LIFE/DIS $14.00 FEB 2024 PREMIUM - LIFE/DIS Police $1,049.81 FEB 2024 PREMIUM - LIFE/DIS Administration $219.22 FEB 2024 PREMIUM - LIFE/DIS $1.40 $3,667.57 STEIN, WILL G 01-2010 2023 4TH QTR NATURAL RESO $25.00 STEIN, WILL $25.00 STONE, JASON G 01-2010 2023 4TH QTR PLANNING COM $125.00 STONE, JASON $125.00 STREICHERS E 01-4305-020-20 40MM DEFENSE TECHNOLOGY Police $3,060.00 E 01-4410-020-20 UNIFORMS - PD Police $209.99 STREICHERS $3,269.99 SUN LIFE (ASSURANT BENEFITS) E 01-4132-031-30 SUN LIFE (ASSURANT BENEFITS) SWANK, HEIDI G 01-2010 SWANK, HEIDI TATHAM, DARCY E 29-4490-000-00 TATHAM, DARCY TIME SAVER OFF SITE SEC. SVC. FEB 2024 PREMIUM 2023 4TH QTR NATURAL RESO WHEP MTG SUPPLIES Fire Spec Fds $180.20 $180.20 $50.00 $50.00 $32.58 $32.58 E 01-4220-110-10 1/9/24 CITY COUNCIL MINUTE Administration $169.50 Page 48 of 65 CITY OF MENDOTA HEIGHTS Claims List SYSTEM CHECKS 02/06/24 PAY Account Comments DEPT Descr Amount 02/01/24 11:10 AM Page 10 TIME SAVER OFF SITE SEC. SVC. $169.50 TOTH, MIKE G 01-2010 TOTH, MIKE TUPPER, NISSA G 01-2010 TUPPER, NISSA UDELL, BRIAN G 01-2010 UDELL, BRIAN ZARNOTH BRUSH WORKS E 01-4330-490-70 E 01-4330-490-50 ZARNOTH BRUSH WORKS ZEROREZ E 08-4335-000-00 G 08-2010 ZEROREZ ZOLL MEDICAL CORPORATION 2023 4TH QTR PARKS & REC C 2023 4TH QTR NATURAL RESO 2023 4TH QTR PLANNING COM EQUIP REPAIR - PARKS EQUIP REPAIR - STREET Parks & Recreation Road & Bridges AIR DUCT CLEANING - CITY HA Spec Fds AIR DUCT CLEANING - CITY HA $75.00 $75.00 $50.00 $50.00 $100.00 $100.00 $332.50 $332.50 $665.00 $414.00 $803.00 $1,217.00 E 01-4305-030-30 OPERATING SUPPLIES - FIRE Fire $285.09 E 01-4305-030-30 OPERATING SUPPLIES - FIRE Fire $56.42 ZOLL MEDICAL CORPORATION $341.51 $130,363.71 Page 49 of 65 9a REQUEST FOR CITY COUNCIL ACTION MEETING DATE: February 6, 2024 AGENDA ITEM• Adopt Resolution 2024-07 Approving a Conditional Use Permit for 1415 • Mendota Heights Road — Planning Case 2023-28 ITEM TYPE: ❑ Consent ❑ Presentation/Recognition ❑ Public Hearing DEPARTMENT: ACTION REQUEST: 0 New/Unfinished Business Planning/ Sarah Madden, Community Community Development CONTACT: Development Manager Adopt Resolution 2024-07 approving a Conditional Use Permit (CUP) to allow Outdoor Commercial Recreation at The Heights Racquet and Social Club located at 1415 Mendota Heights Road. BACKGROUND: The subject property is located on the northwestern corner of the intersection of Mendota Heights Road and Pilot Knob Road and contains an existing multi -tenant office/warehouse building. The subject site and adjacent properties on all sides are zoned and guided for Industrial uses. The Dog Tank (2415 Pilot Knob Rd) and Southview Design are current tenants on the subject property and all tenants share the parking and principal structure on the site. Glenn Baron is the Applicant and Owner ("Applicant") of the property located at 1415 Mendota Heights Road. In October 2022, the Applicant submitted a request for a CUP to construct a new indoor athletic club facility (to become The Heights Racquet & Social Club) inside the then vacant space within the multi -tenant building. The CUP was approved in November, 2022 and the club recently opened for business in December, 2023. The Applicant is proposing to construct one outdoor Padel court to the south of the building, and four outdoor Pickleball courts on the northern edge of the property. Per Ordinance No. 579, outdoor commercial recreation spaces are permitted in Industrial Districts with a CUP provided certain criteria are met. The proposed outdoor recreation use will be accessory to the property's permitted and principal commercial recreation use. At the November 28, 2023, Planning Commission meeting, a planning report was presented. A duly noticed public hearing was held to consider the request for the CUP, as well as for a Variance to allow Page 50 of 65 a painted wall sign. No public comments or objections were received during the public hearing. The Planning Commission discussed the applicant's site plan and noted that the location of one padel court was in conflict with the neighboring tenant's outdoor pet relief area. The Commission also expressed concern with the practical difficulty of the Variance request for a painted sign and directed staff to work with the applicant to investigate alternatives for the proposed signage. The Commission indicated that painted signs and murals were a topic of discussion within the ongoing Zoning Code Update process, and that there may be a path forward that does not necessitate the Variance request. The Planning Commission voted to table the item to the January 30, 2024 meeting, to allow the applicant time to modify the site plan and to work with staff on the signage request. The applicant formally withdrew from the Variance for a painted sign on January 11, 2024, but indicated that they would move forward with the CUP request for outdoor commercial recreation. At the January 30, 2024, Planning Commission meeting, a revised planning report was presented and the tabled public hearing was continued. No public comments or objections were received during the continued hearing. The Commission discussed the parking ratio calculations for the proposed use, and confirmed for the record that the Variance request was withdrawn, but that the applicant was aware of the ongoing discussion surround the Zoning Code Update project. The revised site plan which was no longer in conflict with the existing pet relief area was reviewed. A copy of the 1/30/24 planning report with attachments and an excerpt from the unapproved minutes are attached to this memo. As noted in the attachment, staff recommended approval of the Conditional Use Permit. Following their discussion, the Planning Commission voted unanimously (6-0) in support of the Conditional Use Permit request for an outdoor commercial recreation use with findings -of -fact and certain conditions, as outlined in the attached [draft] Resolution. The City Council may affirm the recommendation from the Planning Commission by adopting Resolution No. 2024-07. FISCAL AND RESOURCE IMPACT: Not Applicable ATTACHMENTS: Resolution 2024-07 Planning Staff Report 1/30/24 Unapproved Planning Commission Minutes 1/30/24 Page 51 of 65 CITY COUNCIL PRIORITY: ❑x Economic Vitality & Community Vibrancy ❑ Environmental Sustainability & Stewardship ❑ Premier Public Services & Infrastructure ❑ Inclusive & Responsive Government Page 52 of 65 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2024-07 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR COMMERCIAL RECREATION USE IN THE I -INDUSTRIAL DISTRICT LOCATED AT 1415 MENDOTA HEIGHTS ROAD PLANNING CASE 2023-28 WHEREAS, Glenn Baron, (the Applicant and Owners' representative of Lamar, LLC), requests approval of a Conditional Use Permit (CUP) under Planning Case No. 2023-28, which would allow a new outdoor commercial recreation use accessory to the approved indoor commercial recreation use located at 1415 Mendota Heights Road, and legally described on Exhibit A; and WHEREAS, the subject property is guided Industrial in the 2040 Comprehensive Plan and situated in the I -Industrial Zoning District, and WHEREAS, Title 12-1G-2 of the City Code allows certain "outdoor commercial recreation" uses by Conditional Use Permit in the Industrial District, and the proposed outdoor Padel and Pickleball courts meet the qualifications and definitions as an outdoor recreational use accessory to an approved indoor recreational use; and WHEREAS, on November 28, 2023 and January 30, 2024, the Mendota Heights Planning Commission held a public hearing on this planning case item, whereby planning reports were presented and received by the commission, and comments from the applicant and public were allowed, and whereupon closing the hearing, recommended unanimously (6-0 vote) to approve the request from Glenn Baron for the CUP, which would allow the proposed outdoor commercial recreation use, located at 1415 Mendota Heights Road, as proposed and presented under Planning Case No. 2023-28, with certain conditions identified herein and specific findings -of -fact to support said approval. NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the recommendation from the Planning Commission on Planning Case No. 2023-28 is hereby affirmed, and the Conditional Use Permit requested for the property located at 1415 Mendota Heights Road is approved based on the following findings -of -fact. 1. The Proposed outdoor recreation use (padel and pickleball courts) is consistent with the adopted Comprehensive Plan and the Zoning Ordinance for property in the Industrial district. 2. The proposed principal and accessory use are an adaptive reuse of an industrial building which is consistent with the City's goals for reinvestment and redevelopment with the industrial zoning district. Res. No. 2024-07 Page 1 Page 53 of 65 3. The proposed outdoor padel and pickleball courts are accessory to the principal use of The Heights Racquet and Social Club which is an indoor commercial recreation use. 4. With the conditions included herein, the site will provide adequate parking for the multi - tenant building. All parking will be accommodated on -site and no adverse impacts off - site are anticipated. 5. The proposed outdoor recreation use of padel and pickleball courts is consistent with the surrounding light industrial uses and will not adversely impact the value of surrounding properties. 6. Parking is adequately provided onsite, and there will not be negative impacts to traffic flow on the surrounding roadway network. BE IT FURTHER RESOLVED, by the Mendota Heights City Council Wetlands Permit requested for the property located at 947 Wagon Wheel Trail is hereby approved, with the following conditions: 1. All parking for the multi -tenant building must be accommodated on site. Any indication that the site is under parked may result in required amendments to the Site Plan and/or the Conditional Use Permit. 2. The hours of operation for the Outdoor Commercial Recreation (Padel and Pickleball Courts) shall be seasonal and limited to 7:00 AM to Dusk. 3. No additional exterior lighting was reviewed or approved as part of the Conditional Use Permit. Any exterior lighting, if related to lighting of the Pickleball/Padel courts, may require an amendment to the Permit. 4. The Applicant must obtain all necessary permits from the Public Works Director and comply with the Land Disturbance requirements. 5. The Applicant must obtain all required City permits, including but not limited to, a Grading Permit and Building Permit. 6. The Applicant must obtain any necessary permits from all applicable agencies with jurisdiction over the project. Adopted by the City Council of the City of Mendota Heights this 6th day of February 2024. CITY COUNCIL CITY OF MENDOTA HEIGHTS Stephanie B. Levine, Mayor Res. No. 2024-07 Page l 2 Page 54 of 65 ATTEST: Nancy Bauer, City Clerk Res. No. 2024-07 Page 3 Page 55 of 65 EXHIBIT A Address: 1415 Mendota Heights Road PIN: 270330078070 Legal Description: THE NORTH 430.00 FEET OF THE SOUTH 1,750 FEET OF THE EAST 660 FEET OF GOVERNMENT LOT 1 & 2, EXCEPT THE SOUTH 40 FEET, SECTION 33 TOWNSHIP 28 RANGE 23, DAKOTA COUNTY, MINNESOTA; AND EXCLUDING PARCEL NO. 46D OF MINNESOTA DOT R/W MAP 19-93. [Abstract Property] Res. No. 2024-07 Page 4 Page 56 of 65 1101 Victoria Curve 1 Mendota Heights, MN 55118 651.452.1850 phone 1 651.452.8940 fax www.rnendotaheightsmn.gov CITY OF MENDOTA HEIGHTS MEETING DATE: TO: FROM: SUBJECT: APPLICANT: PROPERTY ADDRESS: ZONING: LAND USE: ACTION DEADLINE: PLANNING STAFF REPORT January 30, 2024 Planning Commission Sarah Madden, Community Development Manager Jennifer Haskamp, AICP - SHC Tabled - Planning Case 2023-28 CONDITIONAL USE PERMIT Glenn Baron 1415 Mendota Heights Road I -Industrial Industrial February 29, 2024 (120-day Review Period) INTRODUCTION At the regular Planning Commission meeting on November 28, 2023, a duly noticed public hearing was opened and held to consider a request for a Conditional Use Permit (CUP) and a Variance at the property located at 1415 Mendota Heights Road. The applicant and property owner, Glenn Baron, proposed to construct outdoor Padel and Pickleball courts (outdoor recreation as an accessory use to the existing approved indoor commercial recreation use of The Heights Racquet and Social Club) and requested a Variance to allow a painted sign on the building wall. During the public hearing and discussion, the Planning Commission recommended to table the application so that the Applicant could update the proposed site plan to relocate one of the Padel courts away from an outdoor area which was previously approved as a pet relief area for an existing dog training business within the building. The direction provided by the Planning Commission was also to work with staff to investigate signage alternatives that would allow a path forward without a Variance. The Planning Commission voted to table the application until the January 30, 2024 Planning Commission meeting. No public comments or objections were received during the public hearing. The applicant withdrew their application for a Variance for a painted sign on January 11, 2024. The Conditional Use Permit request for accessory outdoor commercial recreation remains an active request, as presented with an updated site plan provided by the applicant. The public hearing remains open with the tabled request. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 1 of 8 Page 57 of 65 BACKGROUND / SITE DESCRIPTION The subject property is located on the northwestern corner of the intersection of Mendota Heights Road and Pilot Knob Road (see map — Dakota County GIS). It is also less than a mile from an I-494 onramp, Highway 13, and Highway 55. The site contains three access points off Mendota Heights Road to the south and one access off Pilot Knob Road to the east, with 155 marked or dedicated parking spaces spread throughout the property. The subject site and the adjacent properties on all sides are zoned and guided for Industrial uses. The Dog Tank (2415 Pilot Knob Rd) and Southview Design are current tenants on the subject property and all tenants share the parking and principal structure on the site addressed collectively with 1415 Mendota Heights Rd. In October 2022, the Applicant submitted a request for a CUP to construct a new indoor athletic club facility (to become The Heights Racquet & Social Club) inside the then vacant space within the multi -tenant building. The CUP was approved by Resolution 2022-82 (adopted 11/01/2022), and the Applicant obtained a certificate of occupancy in the late fall of 2023, allowing the club to open in December. PROPOSED IMPROVEMENTS The Applicant is proposing to construct one outdoor Padel court and four outdoor Pickleball courts on both the northern and southern edges of the property (see Site Plan). The intent is to give club members space to play both sports during Minnesota's warmer months. Per Ordinance No. 579, outdoor commercial recreation spaces are permitted in Industrial Districts with a CUP provided certain criteria are met. The applicant has provided a revised site plan which removed reference to one of the Padel courses on the south side of the building, as its location was in conflict with the existing pet relief area that was approved for The Dog Tank as part of their operations in Planning Case No. 2018-20 in August 2018. ANALYSIS CONDITIONAL USE PERMIT Pursuant to Title 12-1L-6, the city recognizes that the development and execution of Zoning Code is based upon the division of the city into districts within which regulations are specified. It is further recognized that there are special or conditional uses which, because of their unique characteristics, cannot be properly classified in any district or districts without consideration, in each case, of the impact of those uses on neighboring land or the public need for the particular location. To provide for these needs, the city may approve a conditional use for those uses and purposes, and may impose conditions and safeguards in such permits to ensure that the purpose and intent of this chapter is effectively carried out. The City may grant a conditional use provided the proposed use demonstrates the following: a) Use will not be detrimental to the health, safety or general welfare of the community, b) Use will not cause serious traffic congestion nor hazards, c) Use will not seriously depreciate surrounding property value, and d) Use is in harmony with the general purpose and intent of this chapter and the comprehensive plan. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 2 of 8 Page 58 of 65 A) The proposed use will not be detrimental to the health, safety or general welfare of the community; will not cause serious traffic congestion or hazards; nor depreciate surrounding property value. Staff Response: Staff believes the use will not have any negative impacts or effect upon the health, safety, and welfare of occupants (of the multi -tenant building) or surrounding land uses; nor will the use be detrimental to the health, safety or general welfare of the community. Moreover, the use will provide a nice facility for bettering the health and welfare of the community and allow year-round athletic or fitness activities for the city's residents. The private club use will provide members and participants the ability to stagger their use hours which should mitigate potential congestion or parking issues on the site. Furthermore, the courts will be installed in a largely industrial area, so any noise generated will not be disruptive to any residential neighborhoods. e) The proposed use conforms to the general purpose and intent of the city code and comprehensive plan, including all applicable performance standards, so as not to be in conflict on an on -going basis. Staff Response: The subject property is guided I -Industrial in the 2040 Comprehensive Plan. The Plan provides the following goal statement: Goal 3: Encourage and support industrial and commercial development in designated areas. 1. The city will use available resources to identify redevelopment needs. This will include cooperation with Dakota County and the Metropolitan Council to achieve redevelopment objectives. 2. Transitions between adjoining land uses will be required for adjacent residential uses, and will be encouraged between compatible land uses (e.g. transition between a general manufacturing and retail use will be encouraged). 3. Amenities within the industrial and commercial districts will be encouraged to promote a more vibrant and attractive place for workers. Staff believes the proposed project is in harmony with the general purpose and intent of the City Code and Comprehensive Plan that encourages redevelopment of the industrial areas. The proposed use also provides an amenity within the industrial park that can be utilized by both residents and patrons/workers in the area. This type of use is compatible with the spirit and intent of the Industrial Zoning District and provides commercial reinvestment in an existing building. Furthermore, pursuant to Ordinance No. 579, outdoor commercial recreation is permitted in Industrial Districts, provided the following conditions are met: a) The outdoor commercial recreation use must be accessory to a permitted or conditionally permitted principal use. b) Outdoor recreation uses must be compatible and consistent with the principal use. c) Adequate parking must be provided on site. The total area used for the outdoor commercial recreation use shall be used to determine the required number of stalls and calculation based on the principal use. d) A site plan must be submitted to show the site layout, type and location of outdoor recreation uses proposed, the parking configuration, any proposed exterior lighting locations, and proposed landscaping. e) An operations plan must be submitted that includes the proposed hours of operation. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 3 of 8 Page 59 of 65 a) The outdoor commercial recreation use must be accessory to a permitted or conditionally permitted principal use. Staff Response: Staff confirms that this condition is met. The proposed outdoor recreation amenities will be accessory to the property's permitted and principal commercial recreation use. b) Outdoor recreation uses must be compatible and consistent with the principal use. Staff Response: Staff confirms that this condition is met. The proposed outdoor recreation amenities are in harmony with the property's permitted and principal commercial recreation use. A Conditional Use Permit has been obtained for The Heights Racquet & Social Club indoor operations, and this Permit will allow for compatible outdoor courts that will be operated seasonally to supplement the principal operations. c) Adequate parking must be provided on site. The total area used for the outdoor commercial recreation use shall be used to determine the required number of stalls and calculation based on the principal use. Per Section 12-1D-16: Off -Street Parking, the following uses and required parking spaces are noted: Golf course, country club, tennis club, public swimming pool 20 spaces, plus 1 space for each 300 square feet in excess of 1,000 square feet of floor space in the principal structure Skating rink, dance hall, public auction house, golf driving range, miniature golf, trampoline center and similar uses At least 15 spaces, plus 1 additional space for each 300 square feet of floor area over 2,000 square feet Office building and professional office having 6,000 square feet or more of floor area, bank, savings institution At least 1 space for each 200 square feet of net usable floor area Warehouse, storage handling of bulk goods At least 1 space for each 2,000 square feet of floor area The racquet club facility was noted as having 21,250-squarefeet of floor space, with a mix of varying athletic activities, that may fall under the two upper boxed categories of the Parking Regulation standards, namely "tennis club" and "golf driving range," and "similar uses." By applying both to the proposed use, staff calculated the following: • Tennis Club w/ 21,250-sf. area: 20 sp. + [21,250-1,000 = 20,250 SF / 300 SF= 68 sp.] = 88 spaces • Golf / Similar Uses w/ 21,250 sf.: 15 sp. + [21,250 — 2,000 = 19,250 SF / 300 SF= 64 sp.] = 79 spaces • Outdoor Pickleball/Padel (Accessory Use to Tennis Club/Golf/etc.): 3,520 SF (Pickleball Courts) + 2,178 SF (Padel Court) = 5,698 SF / 300 = + 19 Spaces Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 4 of 8 Page 60 of 65 • Warehouse Uses (BDS / Am -Vets / FTLD): 23,700 sf. (total) / 2,000 = 11.85, or 12 spaces • Office Use w/ 8,000-sf.(net): 8,000 / 200 = 40 spaces Based on these calculations, the total number or spaces needed to support this racquet club use and the existing or future uses on this site amount to 150 to 166 spaces needed. The Applicant's Site Plan identifies 155 parking spaces on the site. While most athletic or fitness clubs typically experience a morning, noon, or late afternoon (after work/business hours) rush, the Applicant has stated this facility will be a private club membership only, which should help limit the level of service by allowing members to reserve court times at their own leisure or schedules. The reduction of one Padel court on the applicant's revised site plan has also reduced the total square footage of accessory outdoor use, adjusting the minimum number of parking stalls which would be required. Because of this change, staff is no longer recommending the condition which required an update to the site plan to incorporate additional parking spaces. Staff believes that the lower end of the range of needed spaces is adequate given the existing tenant mix on the site, as well as the variable hours of operation for the racquet club. Staff recommends including a condition that all parking must be handled onsite for the multi -tenant building, including all activities associated with The Heights Racquet and Social Club. Any indication that the site is under parked or any change of occupancy within the building which increases the minimum parking standards may result in a required amendment to this Permit, and a reasonable solution to accommodate all parking on site must be provided. d) A site plan must be submitted to show the site layout, type and location of outdoor recreation uses proposed, the parking configuration, any proposed exterior lighting locations, and proposed landscaping. Staff confirms that the Applicant provided a site layout plan, which included details about the location of the outdoor recreation amenities, parking, and proposed landscaping. No additional proposed exterior lighting is contemplated at this time. The Applicant has indicated that the outdoor operations will occur seasonally, and outdoor activity will generally be limited to daylight hours. Following approval of the Conditional Use Permit by the City Council, the applicant must obtain all necessary permits from the City, including but not limited to a Grading Permit and Building Permit, and the applicant will be required to provide fully designed and detailed plans with elevations and stormwater management information. The site will be reviewed for compliance with the Land Disturbance requirements, impervious surface, and any additional landscaping which may be proposed. f) An operations plan must be submitted that includes the proposed hours of operation. The Applicant has stated that the operations of the outdoor recreation will be managed consistent with the operations established in the CUP for The Heights Racquet and Social Club. Essentially, the outdoor courts simply supplement and are accessory to the indoor racquet club activities. The hours of operation will be seasonal and limited to daylight hours, anticipated from 7:00 AM to Dusk. Staff believes the proposed project has met the Conditional parameters outlined in Ordinance No. 579, and with the conditions provided herein will not be detrimental to the health, safety or general welfare of the community, nor cause any serious traffic congestion or hazards, nor depreciate surrounding property values. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 5 of 8 Page 61 of 65 ALTERNATIVES for ACTION 1. Recommend approval of the Conditional Use Permit with certain conditions and based on the findings of fact that the proposed accessory outdoor commercial recreation racquet club use will be compliant with the standards and regulations of the City Code; or 2. Recommend denial based on the findings of fact(s) determined by the Planning Commission, that the Conditional Use Permit requested herein is not consistent with the City Code or Comprehensive Plan and may have negative impact on the surrounding neighborhood and/or properties; or 3. Table the request, pending additional information as requested by the Planning Commission and direct city staff to make certain revisions before final consideration is given on this planning item; with direction to request extension of the application review period from the applicant beyond the 120-days of the current extension, in compliance with Minnesota State Statute 15.99. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 6 of 8 Page 62 of 65 STAFF RECOMMENDATION Staff recommends approval of the Conditional Use Permit for 1415 Mendota Heights Road, based on the attached findings -of -fact and with the following conditionals of approval: 1) All parking for the multi -tenant building must be accommodated on site. Any indication that the site is under parked may result in required amendments to the Site Plan and/or the Conditional Use Permit. 2) The hours of operation for the Outdoor Commercial Recreation (Padel and Pickleball Courts) shall be seasonal and limited to 7:00 AM to Dusk. 3) No additional exterior lighting was reviewed or approved as part of the Conditional Use Permit. Any exterior lighting, if related to lighting of the Pickleball/Padel courts, may require an amendment to the Permit. 4) The Applicant must obtain all necessary permits from the Public Works Director and comply with the Land Disturbance requirements. 5) The Applicant must obtain all required City permits, including but not limited to, a Grading Permit and Building Permit. 6) The Applicant must obtain any necessary permits from all applicable agencies with jurisdiction over the project. ATTACHMENTS 1. Letter of Intent (Applicant/Developer) 2. General Location/Aerial Map 3. Site Plan 4. Excerpt from November 28, 2023 Planning Commission Minutes Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 7 of 8 Page 63 of 65 FINDINGS OF FACT FOR APPROVAL Planning Case No. 2023-28 Conditional Use Permit for 1415 Mendota Heights Road The following Findings -of -Fact are made in support of approval of the proposed Conditional Use Permit request to install outdoor padel and pickleball courts: 1. The Proposed outdoor recreation use (padel and pickleball courts) is consistent with the adopted Comprehensive Plan and the Zoning Ordinance for property in the Industrial district. 2. The proposed principal and accessory use are an adaptive reuse of an industrial building which is consistent with the City's goals for reinvestment and redevelopment with the industrial zoning district. 3. The proposed outdoor padel and pickleball courts are accessory to the principal use of The Heights Racquet and Social Club which is an indoor commercial recreation use. 4. With the conditions included herein, the site will provide adequate parking for the multi -tenant building. All parking will be accommodated on -site and no adverse impacts off -site are anticipated. 5. The proposed outdoor recreation use of padel and pickleball courts is consistent with the surrounding light industrial uses and will not adversely impact the value of surrounding properties. 6. Parking is adequately provided onsite, and there will not be negative impacts to traffic flow on the surrounding roadway network. Planning Case 2023-28 (Conditional Use Permit 1415 Mendota Heights Road) Page 8 of 8 Page 64 of 65 Excerpt from January 30, 2024 DRAFT Unapproved Minutes A) CASE #2023-28 — CUP TO CONSTRUCT OUTDOOR PADEL AND PICKLEBALL COURTS (GLENN BARON) Community Development Manager Sarah Madden provided background information on the previously considered request heard at the November 28, 2023 Commission meeting. She stated that as directed, the applicant withdrew their application for a Variance for a painted sign on January 11, 2024. The Conditional Use Permit request for accessory outdoor commercial recreation remains an active request, as presented with an updated site plan provided by the applicant. The public hearing remains open with the tabled request. Community Development Manager Sarah Madden provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City's website). Staff recommended approval of this application based on the findings and with conditions. Chair Field asked if there is a letter or document from the applicant regarding the mural. Community Development Manager Sarah Madden replied that there is a written withdrawal of the variance. Commissioner Katz asked the status of the changes to the zoning ordinances. Chair Field replied that there will be an open house next month. Commissioner Petschel commented that the Commission will also review and make a recommendation before that goes to the City Council. Community Development Manager Sarah Madden commented that the City is still within the review and public comment phase of that process. Commissioner Katz noted that at an earlier worksession, the Commission reviewed the issue of signage and recommended striking the language that would prohibit signs painted on the outside of the building. Community Development Manager Sarah Madden commented that the applicant is aware of those discussions within the revision process. She stated that this part of the applicant's plan is a higher priority and therefore chose to move forward on just this application for a CUP rather than continue to table the signage request. Commissioner Corbett referenced the parking range and asked how that was calculated as typically there is a specific number of stalls required. Community Development Manager Sarah Madden stated that the parking range was presented at the November meeting and explained that the parking is calculated as a range because there is not a specific use category in the parking table for this type of use. Commissioner Corbett asked if the range would continue to be used in the future or whether a specific number would be developed for this type of use. Community Development Manager Sarah Madden commented that there may be some amendments to the parking chart during the overall zoning revision process. 1-30-24 DRAFT and Unapproved Minutes (Excerpt) Page 65 of 65 Glenn Baron, applicant, stated that they revised the plans to ensure there would not be complications with the dog use area. Chair Field invited the public to make comments. Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER STONE, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR 1415 MENDOTA HEIGHTS ROAD, BASED ON THE FINDINGS OF FACT AND WITH THE FOLLOWING CONDITIONS OF APPROVAL: 1. ALL PARKING FOR THE MULTI -TENANT BUILDING MUST BE ACCOMMODATE ON SITE. ANY INDICATION THAT THE SITE IS UNDER PARKED MAY RESULT IN REQUIRED AMENDMENTS TO THE SITE PLAN AND/OR CONDITIONAL USE PERMIT. 2. THE HOURS OF OPERATION FOR THE OUTDOOR COMMERCIAL RECREATION (PADEL AND PICKLEBALL COURTS) SHALL BE SEASONAL AND LIMITED TO 7:00 A.M. TO DUSK. 3. NO ADDITIONAL EXTERIOR LIGHTING WAS REVIEWED OR APPROVED AS PART OF THE CONDITIONAL USE PERMIT. ANY EXTERIOR LIGHTING, IF RELATED TO LIGHTING OF THE PICKLEBALL/PADEL COURTS, MAY REQUIRED AN AMENDMENT TO THE PERMIT. 4. THE APPLICANT MUST OBTAIN ALL NECESSARY PERMITS FROM THE PUBLIC WORKS DIRECTOR AND COMPLY WITH THE LAND DISTURBANCE REQUIREMENTS. 5. THE APPLICANT MUST OBTAIN ALL REQUIRED CITY PERMITS, INCLUDING BUT NOT LIMITED TO, A GRADING PERMIT AND BUILDING PERMIT. 6. THE APPLICANT MUST OBTAIN ANY NECESSARY PERMITS FROM ALL APPLICABLE AGENCIES WITH JURISDICTION OVER THE PROJECT. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its February 6, 2024 meeting. 1-30-24 DRAFT and Unapproved Minutes (Excerpt)