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2024 08 07 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, August 7, 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, Mazzitello, and Miller (arrived at 7:08 p.m.) were also present. Councilor Paper 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 Lorberbaum seconded the motion. Ayes: 3 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heazd. CONSENT CALENDAR Mayor Levine presented the consent calendaz and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented. a. Approval of July 16, 2024, City Council Minutes b. Acknowledge Minutes from the June 25, 2024, Planning Commission Meeting c. Approve Massage License d. Acknowledge the May Paz 3 Financial Report e. Resolution 2024-44 Accepting Donations to the Cliff Timm Memorial Fishing Derby f. Approve the Hiring of Firefighters g. Acknowledge June 2024 Fire Synopsis h. Resolution 2024-43 Approving a MRCCA Permit for Minor Development at 1901 Glenhill Road (Planning Case 202446) i. Approve a Professional Services Contract for the Fire Station Roof Replacement j. Approve Ivy Falls Retaining Wall Repair k. Approval of the June 2024 Treasurer's Report 1. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 3 Nays: 0 PRESENTATIONS No items scheduled. I�IJ?I���f�l`►te7 No items scheduled. NEW AND UNFINISHED BUSINESS A) TABLED — RESOLUTION 2024-38 APPROVING A PRELIMINARY AND FINAL PLAT OF MCMILLAN ESTATES (PLANNING CASE 2024-01) Community Development Manager Sarah Madden explained that the Council was being asked to consider approval of Resolution 2024-38 approving a Preliminary and Final Plat of a three -lot residential subdivision to be known as McMillan Estates located at 1707 Delaware Avenue and two vacant parcels owned in common and generally located at the north end of Ridgewood Drive. Councilor Miller arrived. Councilor Mazzitello moved to remove this item from the table for discussion and consideration. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Councilor Mazzitello asked the applicant to provide details on the estimate received to construct the public improvementI Spencer McMillan, applicant, stated that he was able to find a lower cost option for the cut -de -sac construction and therefore would request approval of the request whether or not the cut -de -sac is required to be constructed. He stated that his preference would still be to delay the construction of a cul-de-sac and believed that would also be the preference of the neighbors. He stated that he provided a number of examples in Mendota Heights where cul-de-sacs were approved/required but not constructed and also examples of lots that have frontage, but not on a city street. He commented that this is a unique property because of the substantial amount of wetlands and therefore he would like to have the least amount of impact on the environment and the neighborhood. August 7, 2024, Mendota Heights City Counc+l Page 2 of 12 Councilor Lorberbaum commented that there were a lot of examples provided by the applicant and her first thought was whether those homes and lots were created prior to the creation of the current ordinances. She stated that sometimes things are allowed and then the rules change, and those things are no longer allowed. Councilor Miller referenced proposed lot three and stated that there is a creek that clearly runs through the property which he believes is a problem. He commented that any construction in that area would have a trickle -down effect. He noted that creek is not shown on the map and therefore had concerns with what else could be missing. Councilor Mazzitello asked the applicant for the order of preferred construction. Mr. McMillan replied that lot three would be the first for construction, with the home on lot one to be built in 10 to 15 years. Councilor Mazzitello commented that he reviewed the examples that were provided by the applicant against the section of Code which defines a public street, noting that was adopted in 1981. He stated that of the 20 examples provided, six of them were in Mendota and not Mendota Heights and of the 14 that remained, only one was built after 1981 but that lot was platted in 1970 therefore all those properties were platted before the requirement was enacted. He stated that in reviewing what was built after 1981, he was able to locate 19 short cul-de-sacs that serve four homes or less and all of those were paved and developed as part of the development, therefore that is the standard. He stated that there has to be frontage on the public street, but the access does not need to come from that lot frontage. He stated that there would be a choice before the Council to approve the plat with a condition that no lot development or building permits could be obtained before the public infrastructure is completed, as the lots would all then front on a public street and the plat would be compliant. He noted that the other choice would be to deny the request based on the deferral as the lots would not comply without that frontage. He stated that there is a way for the applicant to get where he wants to go, but this application is not it and the Council cannot design a project. He stated that the applicant could withdraw the application and work with staff to create a new plan. Councilor Lorberbaum commented that it seems that Councilor Mazzitello has a suggestion of what could be done and asked how the applicant would gain that information without the Council or staff providing it. Councilor Mazzitello suggested that the applicant ask a land development engineer. Mayor Levine asked if the applicant is interested in withdrawing the application before the Council makes a decision. Mr. McMillan commented that he would still like to move forward. He stated that if the Council wants all the public infrastructure to be built, he is willing to do that. Councilor Mazzitello asked and received confirmation that there is not a condition within the current draft resolution that would require all public infrastmcture to be built, whether that is before, during or after construction of the homes. August 7, 2024, Mendota Heights City Council Page 3 of 12 Community Development Manager Sarah Madden confirmed that the Council could add such a condition if desired. Councilor Lorberbaum asked for information on the public utilities that would be required to be installed. Community Development Manager Sarah Madden replied that currently the applicant shows utility extension to the center of the cul-de-sac bulb. She clarified that extension would not include Delaware Avenue, as it would follow Ridgewood Drive. She stated that there was previous discussion about an easement for utilities to run to the north for that neighbor but noted that would simply be a utility easement and the applicant would not be required to run the utilities north. She stated that the utilities in this project would only serve the lots within the plat. Councilor Mazzitello stated that as part of this plat there is aright -of --way dedication for Delaware to widen that road. Public Works Director Ryan Ruzek stated that the property to the north is requesting a sewer easement. He stated that there was also discussion that two homes on Delaware that are not currently connected to sewer could potentially connect to sewer. He stated that there could be a condition within the Development Agreement requiring the utility easement to the north. He stated that if there is a desire to widen the easement to the south, that should be specified now and then those property owners could potentially petition the City to connect to the sewer. Community Development Manager Sarah Madden commented that there is a condition in the draft resolution that the applicant will work with the neighbor to the north to develop a utility easement. She confirmed that the perimeter easement to the south could also then be widened to accommodate that goal. Councilor Mazzitello asked if this were to be approved and the cul-de-sac built, the existing cul-de-sac would need to be removed. Public Works Director Ryan Ruzek replied that the entire road would need to be reconstructed from the curve to the end. He confirmed that would be the responsibility of the developer to remove the existing cul-de-sac and extend the roadway and verifying that all drainage is compliant. Councilor Mazzitello asked when the City would vacate the existing cul-de-sac right -of --way. Public Works Director Ryan Ruzek replied that there have been cul-de-sacs constructed that resulted in through streets and that right -of --way still exists today. He stated that the Council could request that the right-of-way be vacated through a condition, otherwise it would be the responsibility of the homeowners to request a vacation of that right-of-way. He commented that the creek mentioned by Councilor Miller goes in and out of a number of culverts, under driveways, through a private pond and ultimately ending at Valley Park. He stated that the contour on the plan does show the creek, and the plans would include correct size piping. He stated that the creek is not shown on the wetland delineation plan as it does not meet the characteristics of a wetland. Councilor Miller commented that he believes there is a second water way through that property. August 7, 2024, Mendota Heights Ciry Council Page 4 of II Public Works Director Ryan Ruzek commented on the culverts that would be used for the property and stated that he is not aware of any drainage issues between this property and Nature Way, which would be the first restricted culvert after this property. Councilor Mazzitello asked if Councilor Miller's concerns could be addressed through onsite wetland mitigation, not allowing banking or credits to be purchased. Public Works Director Ryan Ruzek replied that wetland mitigation would be an enhancement, and the concern would be stormwater treatment noting that each site would have some type of stormwater management improvement and additional stormwater management would be required with the roadway. Councilor Mazzitello asked if conditions could be placed against the plat for stormwater and wetlands or whether that would be attached to future applications. Public Works Director Ryan Ruzek stated that a dedicated drainage and utility easement is not shown on the current plat and therefore stormwater management could be required to be shown as that is generally dedicated within the plat. Councilor Mazzitello commented that he believes that this should be moved to the next meeting because of the multiple changes that would need to be made to the draft resolution, whether that is for approval or denial. He added that there area lot of unanswered questions that could justify denial. If council wanted to do that, the application should be tabled to the next meeting and direct staff to return with findings of fact for denial based on the discussion. Councilor Lorberbaum agreed that an action should be clear and accurate and therefore would prefer to act at the next meeting. Councilor Miller commented that he would not object to waiting for the next meeting. He stated that there are neighbors in the room tonight that have seen this process kicked down the road on several occasions and did not want to give the perception that they are kicking this down until the public interest dies down. He stated that is not the intention and therefore wanted to be clear. He agreed that the language needs to thoroughly be drafted and therefore did not object to moving this to the next meeting. Councilor Lorberbaum stated that she hears the comments of Councilor Miller, and she has read the comments from the residents. She stated that the Council is cautious of staying within the review timelines and also ensuring that the correct language is included in the action that will be taken. Councilor Mazzitello appreciated the comments of Councilor Miller. He stated that he is not a patient person, but this Council takes the time to make sure things are right. He stated that they do not want the public to go away, and they are not kicking this down the road, but simply ensuring that the language of the resolution be correct in either action the Council will take. Councilor Lorberbaum stated that rather than stating properties south of, relating to widening of the easement, she would like to specify the addresses of those properties. August 7, 1024, Mendota Heights City Council Pnge S of 11 Councilor Mazzitello stated that he believes the decision of whether this will be approved or denied should be made tonight, as that would give staff clear direction in what they need to draft. Councilor Miller stated that staff could craft both an approval and a denial. Mayor Levine stated that the residents that came tonight are looking for direction from the Council. She referenced the comment of this being kicked down the road. She stated that the Council cannot talk about the case outside of the room, so this is the first time the Council has been able to discuss the additional information that was provided. She acknowledged the public perception but stated that the Council can only discuss items at meetings. She recognized that it can seem that matters drag on. She recognized that everyone is uncomfortable with the situation, and this is not an easy decision. She stated that people have rights to develop their land, within the context of City Code. She stated that the infrastructure would be required to be constructed. She recognized that the road would need to go through a wetland, and it would need to be done properly, with mitigation. She was unsure that the City would be in a position to deny this plat. Councilor Mazzitello commented that there are additional things that would need to be shown on the map, such as drainage and utility easements, and stormwater management. Mayor Levine stated that she would suggest that staff develop a draft resolution for approval and come back with crisp clean findings of fact that state the required elements. She recognized that there are other concerns that would be addressed through other elements of the development. Councilor Lorberbaum asked if something could be added specific to the rusty patch bumblebee. City Attorney Amy Schmidt deferred to Public Works Director Ryan Ruzek. Public Works Director Ryan Ruzek stated that staff received the information, but the entire city has potential rusty batch bumblebee habitat and therefore there are no requirements for the developer or the city. He stated that if that was restricted a homeowner could not mow their lawn or add a fence anywhere in the city. He stated that there is encouragement to create pollinator habitat. City Attorney Amy Schmidt agreed with the comments of Public Works Director Ryan Ruzek. Councilor Miller commented that he has serious reservations about how this is platted. Mayor Levine asked if the Council would prefer to have one resolution prepared or both. Councilor Lorberbaum stated that she would want both options prepared, otherwise they would be making the decision right now. Councilor Miller stated that he would also want both resolutions prepared. Mayor Levine asked if staff has enough information to develop the draft both resolutions, one for approval and one for denial. August 7, 1024, Mendota Heights City Council Page 6 of l2 Community Development Manager Sarah Madden commented that she believes she has enough information but would be welcome to additional input. Councilor Miller stated that he does not believe that this application is complete, and he believes that there is more water flowing through the property than is identified in the plan. He had concern with any potential impact that building on lot three could have along with impacts to other properties. He commented that this property is unique and there would be challenges to place homes because of the wetlands. Mayor Levine commented that is comparing apples to oranges. She stated that there can be a platted piece of property that could be rmdevelopable and could not have a home. Councilor Miller commented that part of the responsibility of the Council is to set the right expectation, noting that the applicant has spent time and money on this plan with the belief that hones could be constructed. He believed that they should take a deeper dive into how this is set up and asked whether those things have been considered. Councilor Lorberbaum asked if land could be platted that does not include a buildable lot within. Community Development Manager Sarah Madden stated that typically a property of that nature would be classified as an outlot. She stated that these would be lots and therefore the applicant needs to show a preliminary building pad to show that something could be constructed meeting the setbacks and other terms of ordinances. She stated that it has been demonstrated that the buildable standards could be met to create a buildable lot. Mayor Levine referenced the comment that lot three has more water running through it that could potentially impact the buildable area. Community Development Manager Sarah Madden commented that there is a valid wetland delineation from M I that the preliminary and final plat data is based off. Councilor Miller stated that he would like to see the creek that he has mentioned on the map. Public Works Director Ryan Ruzek stated that this evening is the first time staff has heard from the applicant that he could like to construct the public infrastructure. He stated that it would be nice to see the improvement plans, which would take longer than two weeks. Councilor Mazzitello asked if that would be the proper requirement for a plat application. Public Works Director Ryan Ruzek commented that they would need to know the footprint and whether there is space to construct stormwater management, outside of a wetland, that would treat the impervious surface. He displayed the contour map of the property and identified the ravines mentioned by Councilor Miller noting that those would not impact the building pad for lot three. Councilor Miller identified the path of the ravine/creek that he is speaking of, which is not shown on the map. August 7, 2024, Mendota Heights City Council Page 7 of 12 Public Works Director Ryan Rr k commented that the hydrology report would include that detail, as that report would be used to correct size the stormwater management. He stated that each lot was required to have its own stormwater management in the original concept but now that the public infrastructure would be constructed, there will need to be regional treatment of the impervious surface. Councilor Miller commented that he is worried about the residents that live around there but also the investment that would be made by Mr. McMillan. He asked if Mr. McMillan was aware of the stream that runs through the property, which is not identified. Mr. McMillan commented that he has walked the lot from corner to corner, post to post, and has not seen that additional stream running through the property, only the creek mentioned with culverts. Public Works Director Ryan Ruzek commented that Delaware Avenue currently does not have curb and gutter, but Dakota County is working on plans for that improvement and therefore curb and gutter would be installed in the next few years to handle that runoff. Councilor Miller acknowledged that he does not have that expertise but did not believe that stream was solely a result of rain events and runoff. He suggested that it would be to everyone's benefit to look further into the unidentified water. Mayor Levine acknowledged the concern of Councilor Miller that there is an additional stream, not wetland, running through the property that is not identified. She asked if a stream could be mitigated. Councilor Miller stated that what he has witnessed is moving water. Public Works Director Ryan Ruzek stated that there would be no requirement for surface water running, as the property would be designed around that. He stated that running surface water would not be a concern for lot three. Councilor Mazzitello commented that if there is surface water running as Councilor Miller has stated and that were redirected,that could not be directed onto another property. Public Works Director Ryan Ruzek explained how the property could be designed to move the water on the property. He stated that the Delaware Avenue properties are 20 feet higher in elevation and therefore drainage from this property is not a concern. He stated that would consider existing surface water and the grades around the property would be managed to direct the water appropriately. Mayor Levine recognized that they do not want to have unintended consequences or do something today that will cause problems in the future. She recognized that water is a concern, but it is the responsibility of the developer to mitigate those issues to ensure that runoff does not impact adjacent properties. Councilor Miller commented that he simply wants to ensure that everyone is protected, both the applicant and adjacent property owners. Community Development Manager Sarah Madden confirmed that she has enough information from the Council. August 7, 2024, Mendom Heights City Council Page 8 of 12 Councilor Lorberbaum asked the applicant if he would like to provide input on the discussion thus far. Mr. McMillan commented that he has worked diligently with staff to meet all the zoning requirements. He commented that he believed it would make more sense to proceed with a private driveway rather than a cul-de-sac but believes that the proposal meets all aspects of Code and requests that the Council approve the application. Councilor Lorberbaum moved to table CONSIDERATION OF THIS ITEM TO THE NEXT REGULAR CITY COUNCIL MEETING. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 B) RESOLUTION 2024-45 ACCEPTING FEASIBILITY REPORT, AUTHORIZING PREPARATION OF PLANS & SPECIFICATIONS, AND CALLING FOR A PUBLIC HEARING FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to accept the feasibility report, authorize preparation of plans and specifications, and schedule a public hearing for the Friendly Hills Neighborhood Improvements. Luke Moren, Kimley Hom, presented the Feasibility Report for the Friendly Hills Neighborhood Improvement. Councilor Mazzitello asked what kind of material would be used to replace the concrete pipe. Mr. Moren stated that the recommendation would be to use PVC. Mr. Moren provided additional details on the public engagement to date as well as estimates for the project cost and preliminary assessments. He also reviewed the project schedule and next steps. Councilor Mazzitello referenced the estimated cost and received confirmation that is the total project cost. He asked if there is a percentage of how much of the project would be done in 2025 and 2026. Mr. Moren replied that it is not quite a 50/50 split. He explained that they worked with Saint Paul Regional Water Supply (SPRWS) to identify streets that require watermain replacement and then work within that budget for each year. Assistant City Engineer Lucas Ritchie replied that from a mileage perspective is about a 50/50 split but in terms of cost it would be about 60 percent in 2025 and 40 percent in 2026. Councilor Mazzitello stated that several years ago the City deeded the water service to St. Paul Regional Water Services (SPRWS) and in that process there was an agreement to coordinate capital improvements together and it sounds like staff did a great job working with SPRWS to coordinate on both ends. August 7, 1024, Mendom Heights City Council Page 9 of 11 Councilor Lorberbaum moved to adopt RESOLUTION NO, 2024-45 ACCEPTING FEASIBILITY REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR A PUBLIC HEARING FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 C) TWO RIVERS ATHLETIC ASSOCIATION (TRAA) TOURNAMENT FEE REDUCTION REQUEST Pazks and Recreation Director Meredith Lawrence provided a brief background on this item. The Council was being asked to consider a fee reduction request for the Two Rivers Athletic Association (TRAA) in the amount of $2,620 for May and June traveling baseball and softball tournaments. Councilor Miller asked for information on how the fees collected are used. Pazks and Recreation Director Meredith Lawrence stated that those fees go back into the general fund. She commented that even with those fees collected, it is not enough to cover the staff time and actual costs. Councilor Miller commented that he wanted to let everyone know that the City staff do four or five different jobs and are stretched thin. He stated that at best the City would not make a profit but perhaps try to break even in attempt to provide services for its residents. He stated that staff does a fantastic job, and he does not begrudge a request for a fee reduction but would have a hard time granting it, knowing that the City is already stretched thin in ensuring that parks projects and maintenance can be completed. Councilor Mazzitello asked staff to provide a brief explanation of the priority users and fees that are set in relation. Parks and Recreation Director Meredith Lawrence explained that the City has a priority policy for field and facility usage which is used in scheduling events and activities. She explained that the City would have first priority and the rest in the following order of partnerships, reciprocal agreements, associations, club sports, residents/businesses, and non-residents. She stated that each of those groups has a different fee. She confirmed that TRAA pays less than other associations or club sports because of their priority ranking. Councilor Mazzitello recognized that the City has granted a waiver reduction to TRAA in the past and asked if this amount is similar to the amount typically granted. Parks and Recreation Director Meredith Lawrence confirmed that this is the same amount that has been requested and approved in the previous years. Councilor Lorberbaum stated that each year TRAA requests this reduction, and it has been granted and asked why the fees are just not adjusted to this amount. August 7, 1014, Mendota Heights City Council Page 10 of /1 Parks and Recreation Director Meredith Lawrence replied that is the decision of the Council as it reviews the fee schedule each year. She stated that question will be important going forward as other groups have asked if they can bring forward a waiver request similar to TRAA. Councilor Lorberbaum stated that if the City is going to do this each year, it should be one in the fees rather than continuing to come through a waiver request. Councilor Mazzitello moved to approve FEE WAIVER REQUEST FROM TRAA IN THE AMOUNT OF $2,620 FOR TRAVELING BASEBALL AND SOFTBALL TOURNAMENTS HELD IN MAY AND JUNE, Councilor Lorberbaum seconded the motion. Ayes: 3 Nays: 1 (Miller) D) ORDINANCE NO.589 AMENDING TITLE 8, CHAPTER 4 OF THE CITY CODE REGULATING PUBLIC PARKS Police Chief Kelly McCarthy provided a brief background on this item. The Council was being asked to consider adoption of Ordinance 589 Amending Title 8, Chapter 4 of the City Code regulating cannabis use in city recreational areas. Mayor Levine thanked Police Chief Kelly McCarthy for her work on this matter. Councilor Mazzitello also expressed thanks. Councilor Mazzitello moved to adopt ORDINANCE NO. 589 AMENDING TITLE 8, CHAPTER 4 OF THE CITY CODE REGULATING PUBLIC PARKS. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson announced upcoming community events and activities. COUNCIL COMMENTS Councilor Mazzitello stated that he and Councilor Lorberbaum visited a number of block parties last night during Night to Unite. He noted the upcoming Primary Election and encouraged all voters to participate on August l3'h. He stated that today is National Purple Heart Day, stating that he had the honor of pinning two Purple Hearts on members of his squad. He encouraged people to thank a veteran, acknowledging the sacrifice that a small percentage of the population makes for the rest of the population. Councilor Miller stated that he also participated in Night to Unite as part of the Fire Department and enjoyed getting out and interacting with residents. August 7, 2024, Mendota Heights City Council Page ! 1 of 11 Councilor Lorberbaum echoed the comments about enjoying Night to Unite and interacting with residents. She stated that she received positive input on parks and trails, park programing, the Police department and had concern with sidewalk and trail gaps. Mayor Levine stated that she was also visited parties for Night to Unite. She agreed with the previous comments of the Council that there were less parties but noted that many parties were combined in order to be bigger and better. She thanked those that did the party planning, acknowledging the work that is involved. She encouraged residents to participate in the Parks Celebration events this weekend. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Lorberbaum seconded the motion. Ayes: 4 Nays: 0 Mayor Levine adjourned the meeting at 9:13 p.m. Stephanie B. Levine Mayor ATTEST: n«� ar�cy Ba r City Clerk August 7, 2024, Mendan Heights City Council Page 12 of 12