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2024 04 02 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 2, 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, and Mazzitello were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda. Councilor Paper seconded the motion. Ayes: 4 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 Mazzitello moved approval of the consent calendar as presented, pulling items I, a. Approval of March 19, 2024, City Council Minutes b. Approval of March 19, 2024, Council Work Session Minutes c. Acknowledge Minutes from the January 24, 2024, Airport Relations Commission Meeting d. Acknowledge Minutes from the February 13, 2024, Parks and Recreation Meeting e. Acknowledge Minutes from the February 28, 2024, Planning Commission Meeting f Approve City Administrator's Performance Evaluation Summary g. Approve Reclassification of the Parks and Recreation Manager Position to Assistant Public Works -Parks and Recreation Director h. Authorize the Closure of City Hall on Friday, July 5, 2024 i Approve Pt ehase of Greens s Roliff for aJD 3 j. Approve a Professional Services Contract Amendment for Completion of the Zoning Code Update and a Professional Services Contract to Draft the Environment Title with Swanson Haskamp Consulting, LLC 1E. Authorize the Exeoution of a joint Powers Agreemei# 3v� the Lower Mississippi River3A 7 at p,4:,q4; p, d 1. Resolution 2024-11 Approve Plans and Authorize an Advertisement for Bids for the Bridgeview Shores Street Improvement Project m. Approve Wetland Delineation Report for 941 Wagon Wheel Trail n. Proclamation 2024-01 Proclaiming April 26, 2024, Arbor Day in Mendota Heights o. Approve Work Plan and Authorize Contract with Great River Greening for Restoration and Management at the Oheyawahe Preservation Site p. ,e Approve Work Di,,., ,..,a n..tw,.,:.GR;#faet with Great River Gfee iRg f « Destor-a*iAn .,„a q. Approval of Claims List Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 PULLED CONSENT AGENDA ITEMS I) APPROVE PURCHASE OF GREENS ROLLER FOR PAR 3 Councilor Lorberbaum stated that the contract mentions that the price is not firm and suggested that the amount be changed to up to $16,000. She stated that if the amount were higher, this could then come back to the Council. Pazks and Recreation Manager/Assistant Public Works Director Meredith Lawrence stated that she did obtain in writing that MTI would hold true to the price. Councilor Lorberbaum moved to approve PURCHASE OF GREENS ROLLER FOR PAR 3. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper asked the timing of delivery. Pazks and Recreation Manager/Assistant Public Works Director Meredith Lawrence replied that the delivery would be anticipated for the July/August timeframe. Councilor Paper noted a looming repair that would cost $5,000, and commented that it does not seem logical to continue to use the current equipment for that length of time. He stated that if the current equipment breaks and is repaired, he would not want the new piece of equipment. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence replied that if the equipment were to break down, staff would not spend the money to fix the equipment as the repair would not make sense. She explained that the repair would cost more than the equipment is currently worth. Ap>ill, 2024 Mendota Heights City Council Page 2 of9 She stated that staff would instead work with neighboring communities to borrow equipment until the new equipment is received. Councilor Paper asked if there were other brands of rollers that would be more readily available. Parks and Recreation Manager/Assistant Public Works Director Meredith Lawrence commented that she has not checked with other brands, as this would match the branding of the existing fleet of equipment. She stated that in speaking with other communities, this is not a long period of time for equipment delivery. Ayes: 4 Nays: 0 K) AUTHORIZE THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION FOR THE INTERSTATE VALLEY CREEK STREAMBANK STABILIZATION AND VOLUME REDUCTION PROJECT Mayor Levine stated that the City is receiving a grant for $585,000 to stabilize Valley Creek and slow down the water, which will have a huge impact. She stated that this project will reduce the amount of debris that goes into the river. She commended staff and the other partners, including the Lower Mississippi River Watershed Management Organization (LMRWMO), for their work. Mayor Levine moved to authorize THE EXECUTION OF A JOINT POWERS AGREEMENT WITH THE LOWER MISSISSIPPI RIVER WATERSHED MANAGEMENT ORGANIZATION FOR THE INTERSTATE VALLEY CREEK STREAMBANK STABILIZATION AND VOLUME REDUCTION PROJECT, Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 P) APPROVE WORK PLAN AND AUTHORIZE CONTRACT WITH GREAT RIVER GREENING FOR RESTORATION AND MANAGEMENT WITHIN VALLEY AND ROGERS LAKE PARK Councilor Lorberbaum noted a discrepancy in the numbers as $26,000 is mentioned twice but the total of the items is actually $25,100. She stated that perhaps that language be changed to up to $26,000. Natural Resources Coordinator Krista Spreiter stated that $26,000 is the not to exceed amount as that would include a little wiggle room if additional treatment is needed. She stated that there has been weed and invasive species challenges in the corridor, therefore that additional space was left within the total. Councilor Lorberbaum moved to approve WORK PLAN AND AUTHORIZE CONTRACT WITH GREAT RIVER GREENING FOR RESTORATION AND MANAGEMENT WITHIN VALLEY AND ROGERS LAKE PARK, IN AN AMOUNT UP TO $26,000. Councilor Mazzitello seconded the motion. Ayes: 4 Aprtl 2, 2024 Mendom Heights Cary Council Page 3 of9 Nays: 0 PRESENTATIONS A) JUST DEEDS PRESENTATION AND RESOLUTION 2024-12 CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY -OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEED COALITION Police Chief Kelly McCarthy introduced two students from Two Rivers High School to provide a presentation. LaRae Dodson and Noelle Hassan presented information on the Just Deeds Project and actions the City could take in support. Councilor Paper asked if this is coming forward through a class or club. The students replied that they took the issue up themselves because it is important to them. Councilor Paper thanked the students for presenting this information in such a clear and concise manner. Councilor Lorberbaum echoed those comments, noting that the students should be proud of their work. Councilor Mazzitello commented that most people likely do not know that the language is within their deed but now could take action to remove that. Mayor Levine recognized that this has also been a goal identified by the Council, so this is a great dovetail. She thanked the students for their work on this matter and providing a path forward of now to take action. Police Chief Kelly McCarthy explained how the information will be marketed on the City website, noting that Dakota County will work in conjunction with homeowners and the City to remove that language from the deeds. Councilor Lorberbaum moved to approve RESOLUTION 2024-12 CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON OWNED PROPERTY, PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) SURFACE MODIFICATIONS AND VOID ANALYSIS ON THE MARIE AVENUE BRIDGE April 2, 2024 Mendota Heights City Council Page 4 of 9 Assistant City Engineer, Lucas Ritchie, introduced this matter, noting that representatives from Bolton & Menk were present to provide the presentation. He stated that the Council can consider the full project, but staff would recommend at minimum that the noise mitigation efforts be selected. Kevin Kielb, Bolton & Menk, provided a presentation on the Marie Avenue Bridge Study regarding noise and the void beneath the bridge. Assistant City Engineer, Lucas Ritchie, stated that staff is asking the Council for direction on how to proceed. Councilor Lorberbaum asked if the soil will eventually settle. Mr. Kielb commented that they believe that this is as much as the soil will settle. He stated that the material they are looking at to fill the void is lightweight. Councilor Lorberbaum asked if there is a potential option to go back to the original contractor, as the lines should have been done longitudinally. Mr. Kielb commented that it was not done incorrectly for a lower speed roadway. He stated that in this case, there are residential properties nearby and therefore the noise is perceived as louder. He noted that this cross tining is better for traction. Ryan Evans, Bolton & Menk, commented that it is common practice for lower speed roadways to use this type of tining. He stated that MnDOT uses longitudinal grooving for roadways over 45 mph. Councilor Mazzitello commented that the project is municipal state aid eligible, but asked for clarification on how much of the project would be eligible if only the fining element were done. Finance Director Kristen Schabacker commented that she would recommend using the water tower fund if the settlement issues were not chosen to move forward, as there is sufficient funding in that account. Councilor Paper asked the downside of doing nothing related to the void. Mr. Kielb replied that structurally the bridge would be fine. He stated that the only downside would be that you could see further settlement as material continues to migrate under the bridge. He stated that would not be a concern for the bridge or road safety. Councilor Paper asked if filling or not filling the void would have an impact on the noise. Mr. Kielb replied that it would most likely not have an impact on the tieing, but perhaps on the clunking. Councilor Paper asked if there would still be grooves after the milling and whether the surface would become slippery. Mr. Evans provided additional details on the milling process, noting that there would still be good traction. Aprill, 2024 Mendota Heights City Council Page 5 of9 Councilor Mazzitello stated that he would suggest working on the noise mitigation first and continue to monitor the settlement issue over the next few years. He noted that public works staff could do spot filling if necessary and if there is still sluffmg in 2027, the mitigation effort could be considered at that time. He stated that he does support the tining action. Mayor Levine commented that it appears that everyone is supportive of the tieing noise mitigation project. She asked how the expansion joint issue would be mitigated. Mr. Evans commented that the wearcourse was poured higher than specification, which provided a more pronounced drop and they would feather that down to reduce that noise. It was confirmed that the cost is included in the tining project. Mayor Levine referenced the cost for the action and the cost to develop plans, asking for details on eligibility of using MSA funds. Mr. Kielb stated that you could perhaps go out for quotes with that cost rather than going through the bidding process. Councilor Mazzitello asked and received confirmation that the full plans and specifications cost included the settlement mitigation as well. He believed with the smaller project, they could solicit quotes, which would also reduce the cost of the plan development. Councilor Paper asked the distance of the taper. Mr. Evans commented that they would work close to make that in the yards length and stated that he would recommend someone be onsite to observe the work. Mayor Levine invited residents to provide input. Tom Hastings, 776 Marie Avenue, and Kevin Manley, 766 Marie Avenue, stated that they have had conversations with staff and agree that the money does not need to be spent on the issue of settlement, with the exception of some remediation behind the curb at 766. Mr. Hastings stated that perhaps some money could be saved by not milling the parking lanes and only completing that on the driving lanes. He stated that they would like to reduce the noise and the joints but do not believe the settlement needs to be addressed. Mr. Manley also agreed with the milling and work for the expansion joints, and also agrees that the void does not need to be filled. He stated that perhaps the vertical sheeting could be done on the 140 feet of his property, but also believed that he, Mr. Hastings and public works could work together to mitigate the settlement issue. Mr. Kielb explained the reasons why they would not want to mill only the driving aisles. He stated that they could attempt to do that with a feathered edge, if that is desired. Mayor Levine commented that she believed that will cause an issue with drainage and ice pooling into the driving aisles and would not be comfortable with that method. April2, 2024 Mendota Heights Ciry Council Page 6 aJ9 Assistant City Engineer, Lucas Ritchie, agreed that the intent on roadways is to push the drainage towards the curb and gutters, whereas that action would direct water towards the center of the bridge. Councilor Mazzitello agreed that the stormwater drainage and snowmelt is desired along the gutter lane, rather than the driving lane. Mr. Kielb provided details on the recommended length of sheeting in order to anchor the material, cover the void, and cover the bridge deck. He commented that the water is coming down, hitting the curb, and going straight down which further exacerbates the issue of erosion. He stated that the intent would be to direct that water into the gutter line. Councilor Mazzitello was confident that the public works staff could address the issue of the void. Councilor Lorberbaum noted that this issue came forward because two residents brought this matter forward at a Coffee with Council event. Mayor Levine confirmed the consensus of the Council to direct staff to mitigate the noise with the plans developed by Bolton & Menk to include the retining and feathering of the expansion j oints. Staff should continue to monitor the erosion under the bridge and attempt to mitigate that in-house and work with neighboring residents. Councilor Paper asked that the item return on the Consent Agenda when approval is needed for the bid. B) LIVIlVG STREETS POLICY Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to consider adoption of the Living Streets Policy as described for implementation on all future transportation projects. Councilor Mazzitello asked if the policy would apply to all projects in the city, both public and private, and whether this would also apply to City, County, and State projects. Assistant City Engineer, Lucas Ritchie, confirmed that would be correct noting that the State and County have already adopted a similar policy. Councilor Mazzitello asked if MnDOT were to present a Dodd Road project, whether that would then fall under the Living Streets Policy and the desired trail could be provided. Assistant City Engineer, Lucas Ritchie, confirmed that could happen. Councilor Mazzitello asked the role that public engagement and neighborhood choice would play in this policy. Assistant City Engineer, Lucas Ritchie, replied that the policy has language which requires public engagement and provided additional details on that process. He stated that the resident feedback would �ipri7 2, 2024 Mendota Heights City Council Page 7 of 9 then be used to determine needs for a trail and if a trail were not desired, and ultimately not included, notification would be provided to the residents within the project area. Councilor Mazzitello asked if the policy would address right-of-way acquisition that may be necessary if a living street section could not fit within the existing right-of-way. Assistant City Engineer, Lucas Ritchie, replied that there is language included to address that. He stated that it is not the intent of the City to take property to implement this policy. Councilor Paper commented that it was great to see a resident's name come up again with this issue who has continued to advocate for the community, had service on City commissions, and with their knowledge of MnDOT. Mayor Levine recognized the efforts of the commissions that reviewed this policy prior to the City Council. She recognized that traffic calming is a key element of this policy along with rain gardens. She noted that the City has already been doing many of these things, but this formalizes those efforts into a policy. Councilor Mazzitello moved to adopt THE LIVING STREETS POLICY. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Paper thanked the students for their presentation tonight, noting that it is a terrific initiative. He reminded residents of the Scott Patrick Memorial Sk which will take place on June ls`, with registration open on the website. Councilor Lorberbawn encouraged residents to go to the City website to complete the communications survey, which is available until April 5th. She also reminded residents of Fresh Air Fridays, which is a citizen led initiative for residents to make intentional choices to reduce pollution on Fridays. She stated that residents can sign the pledge on the City website for that initiative. Councilor Mazzitello commented that tonight was a great example of how the City and Council works for the public, noting the Just Deeds presentation and the infrastructure issue which was also brought forward by residents. He stated that ten years ago yesterday he retired from the Air Force after 22 years of service. He recognized the issue that exists for veterans noting that from 2002 to 2022, there were 1,200,000 veterans created and over 800,000 of those were exposed to toxic chemicals. He stated that in August of 2022, the government authorized the VA to compensate those that were exposed to those chemicals, but noted that the process has been slow in that only 16 percent of claims have been approved thus far. He April 1, 2024 Mendota Heights City Council Page 8 of9 urged everyone to contact their congressional representatives to determine what could be done to serve those veterans. Mayor Levine thanked Councilor Mazzitello for his service. She reminded residents that within the Consent Agenda, the Council approved the Arbor Day Proclamation for April 26, 2024, She stated that the City will be holding a week of events to celebrate the environment and plant trees, noting that more information can be found on the City website. Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 8:33 p.m. ATTEST: / �0. cy Ba er Ci Clerk Stephanie fi. Levine Mayor April 2, 2024 Mendota Heights City Council Page 9 of 9