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2024 01 23 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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 £ Authorize Out of Metro Travel Request h. Approve Purchase of Athletic Field Line Striping Machine i. Approve the Banking Authorization Signatory Changes j. Resolution 2024-05 Approving an Appointment to the Natural Resources Commission k. Acknowledge the October 2023 Fire Synopsis I. 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 No items scheduled. PRESENTATIONS PUBLIC HEARING A) RESOLUTION 2024-06 — ORDERING STREET IMPROVEMENT PROJECT FOR THE BRIDGEV1WW 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 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-I 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 Ciry Council Page 3 of 11 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 be 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-21ots 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 II 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 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-I 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 Cry Council Page 6 of 11 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 townhornes were all intemal 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 BRIDGEVIFW 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 concem 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 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 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 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 16`i' 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 Jammu)! 23, 2024 Mendota Heights City Council Page 10 of 11 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 5th 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. Step`B. Levine Mayor ATTEST: ncy Ber City Clerk • January 23, 2024 Mendota Heights City Council Page 11 of 11