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2024 09 17 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 17, 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, 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 Zach Miller, 988 Kay Avenue, presented a petition to the City Council requesting that the City undertake the soundwall application process through MnDOT. The petition is signed by 50 residents in the neighborhood adjacent to 35E south, where it exits to 62. He stated that the residents are asking that the City submit an application, as the window for applications is currently open. He believed that the noise level from those two roadways is considerably higher than it was two or three years ago when the last study was completed. He recognized that it may not be approved this year, but perhaps it would move up on the list and the improvement could be awarded in a future year. Valerie Namen, 964 Kay Avenue, also spoke about her desire for the City to pursue a soundwall. She stated that she is a lifelong Mendota Heights resident and explained that she can see 11 lanes of traffic from her property and spoke about the increase in traffic and noise that has occurred in the 30 years she has lived at her current home. She commented on the impact the noise has on the enjoyment of her property and noted that the natural screening that has been removed only increased the impact on residents. She believed that anew sound study would provide additional details as the impact has increased in recent years. Joe Foley, 1975 Walsh Lane, also spoke in favor of the noise wall, He stated that they moved to Mendota Heights one year ago and have noticed an increase in the impacts after the natural screening was removed. He stated that he is an engineer and provided three suggestions that the City could pursue: to submit a new project proposal to MnDOT with a wall starting at Victoria Road to Marie Avenue; to keep in mind that the soundwall could be made of wood rather than concrete, as wood has a lower cost; and to consider that the height of the wall does not need to be 20 feet, noting that a ten foot wall would be appropriate for most of the span. He believed that those ideas would provide a barrier that is also cost efficient. Andrew Katz, 1960 Walsh Lane, stated that he also supports reviewing the issue of a sound wall He stated that he and his neighbors have also been in contact with MnDOT. He stated that there are three walls proposed that are being reviewed for Mendota Heights and the two walls that would be adjacent to this area are ranked 97 and 103 on the MnDOT list of priorities. He stated that after speaking with MnDOT the sound walls are designed for the type of housing products and a wall that long would not be feasible as an access gap would be needed for maintenance. He stated that perhaps this could be one project with a shorter distance. He stated that if chosen, the City would be responsible for ten percent of the cost and hoped that the Council could begin to budget for that cost should the project be chosen to move forward. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Lorberbaum moved approval of the consent calendar as presented. a. Approval of September 3, 2024, City Council Minutes b, Approval of September 10, 2024, Council Work Session Minutes c. Acknowledge the Minutes of the July 23, 2024, Planning Commission Meeting d. Approve Police Department Out of Metro Travel Request e, Approve Wetland Exemption Application for the IV Creek Stabilization and BMP Project Wetland Weir f. Approve Professional Services Change Order for the Victoria Curve Street Improvements g. Resolution 2024-54 Providing for the Sale of $3,085,000 in General Obligation Improvement Bonds, Series 2024A h. Approval of Claims List Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 No items scheduled. PRESENTATIONS PUBLIC HEARING September 17, 2024 Mendota Heights Crty Council page 2 oJl¢ A) RESOLUTION 2024-49 ORDERING OF IMPROVEMENTS FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENTS Assistant City Engineer Lucas Ritchie explained that the Council was being asked to consider adoption of Resolution 2024-49 ordering Street Improvement Project for the Friendly Hills Neighborhood, Luke Moren, Kimley-Horn, provided a brief background on the project area and details and then reviewed the resident input that has been received through the public engagement process. Councilor Paper asked for more details on sacrificial anode. Mr. Moren explained that soils can corrode the iron pipe over time. He stated that they use large sacks of magnesium and those chemicals that would typically react with the pipe will instead react with those sacks. He confirmed that it is external of the pipe. Councilor Paper asked if there is a cost estimate for the Decorah trail construction if there was one built. Mr. Moren confirmed that was included in the feasibility study. Councilor Paper asked if the trails within Friendly Hills Park will be replaced as part of the project. Assistant City Engineer Lucas Ritchie confiimed that those trails are included, as well as to the south to the Apache neighborhood. Councilor Paper asked if the parking lot is being included in the project. Assistant City Engineer Lucas Ritchie confirmed that the parking bays along Decorah are included. Councilor Mazzitello referenced the Decorah trail section that is not included as presented tonight and asked if that connects two existing trail segments and whether there is another route around Decorah for those trails to take. Mr. Moren stated that there is not a direct route around and confirmed that the segment would connect two existing segments. He stated that pedestrians are currently walking on the shoulder for that segment of Decorah. Mayor Levine referenced the definition of unit and asked for clarification on lots that are smaller. Assistant City Engineer Lucas Ritchie replied that applies specifically to City owned parcels, such as Friendly Hills Park. He stated that residential properties would each have the same assessment amount, regardless of the size of the parcel or property value. Councilor Mazzitello moved to open the public hearing. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 September 17, 2024 Mendota Heights Cfty Council Page 3 of 14 Dave Jacobson, 728 Mohican Court, asked if the $7,700 assessment would be due at once or spread over multiple years. He asked what the red dots on the map mean. Mayor Levine commented that those are spots where digging will occur for the magnesium drops that were just discussed. John Maczko, 751 Cheyenne Lane, stated that he agrees that the streets require maintenance, noting that at 20 years an overlay is recommended rather than a full depth reclamation. He stated that the roadways were reconstructed in 1995, therefore they are beyond the 20 years, but typically streets last longer than the estimates of engineers. He stated that the pavement ratings were stated at 25 to 50 but believed that the streets within the Friendly Hills area are not within that range. He did not disagree that improvement is needed, but believed that an overlay could achieve that desired goal. He stated that catch basin repairs are a standard process during an overlay as well. He stated that for pavement conditions of 35 to 55 local maintenance and an overlay is recommended. He stated that the cost savings would be significant if the overlay method were chosen, reducing the cost by over $2,000,000. He asked that the Council consider the overlay rather than the full depth reclamation. He recognized that the reclamation may be needed where watermain work is required, but most of the project area could benefit from just an overlay. Kelly Veazie, 2142 Fox, agreed with the previous speaker that while the roads need fixing, they are not that bad. She commented that there are areas where the water pipes are being redone but a majority of the project area will not have that work done and would therefore not require the same level of work. She commented that it does not make sense to put a new road down when the pipes underneath need work and suggested that the City better coordinate with Saint Paul Regional Water Supply (SPRWS). Stacy Styles, 2188 Aztec Lane, asked for logistical information on parking during the project. She asked if there would be concern of foundations shifting or dirty water coming into homes with the watermain work being done. Steve Waters, 747 Decorah Lane, stated that he has spoken with a number of neighbors on the street, and they do not want the trail bike lane and would prefer to keep the off-street parking for their homes. Allen Olson, 2153 Fox Place, also asked why a new road would be placed over bad watermains. He referenced the sacrificial anodes, stating that they are not a fix or a repair. He stated that this may provide a delay but there is not a fix. He stated that there have been blowouts, and they cannot reverse the problem and instead need to address it. He stated that the value of the anodes is limited and would prefer to wait for the water pipes to be replaced before there is a new road. Anna Argent, 752 Cheyenne Lane, asked if the residents would receive updates on the project progress and water shutoffs to allow the residents to plan for those things. Michele Kadrie, 697 Decorah Lane, asked about the anticipated length of the project segments (2025/2026) if approved. She asked if there is a cost for just the overlay. September 17, 2024 Mendota Heights City Council Page 4 of 14 Eric Kruger, 720 Decorah Lane, thanked the Council for hearing the residents on Decorah and their desire to not have a trail segment. There being no one further coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Mayor Levine thanked all the residents for their input tonight. Assistant City Engineer Lucas Ritchie stated that each phase of the project would be completed within the project year, during the May to October timeframe. He stated that they will look at alternative detours as some of the work will limit access to homes. He stated that they would phase replacement efforts to ensure there would still be access during construction. He stated that the watermain method of replacement will be a bursting method, which will not require open trench. He stated that they will work with property owners when they work on service connections which may require alternate parking within one block or so. Mr. Moren commented that the limited access would be during the hours of 7 a.m. to 7 p.m., which would allow residents to leave their home prior to the start of work that day and get back into their driveways after work has completed for the day. He stated that they will have their traffic management plan at the spring open house for the public. Assistant City Engineer Lucas Ritchie stated that a project page is created for each street project and reviewed the details that would be posted daily. He believed that SPRWS also has an automated service that makes residents aware of water shutoffs or temporary water connections. He stated that he has not been involved in any projects which have involved foundation shifting or anything of those concerns. He stated that the service connections are two to three feet off the property line and the vibration would be limited to the road itself and within the right-of-way. Mayor Levine commented that she wanted to be clear that the Decorah trail segment has not been included in the project as the Council heard the comments from the residents along that path of the road stating that they did not want that. She referenced the comments received about the sacrificial anode, recognizing that is a delay but that it should last for 20 years. Assistant City Engineer Lucas Ritchie stated that a member of SPRWS is present that can provide more details on the sacrificial anode. He stated that they targeted the area with the highest break rate for that treatment. He stated that section is proposed to be abandoned. Luke Sandstrom, SPRWS, stated that 20 years is the industry standards for sacrificial anodes. He agreed that this will not fix the pipe but buys more time for a future project. He stated that Fox Place has a lower risk than Aztec and three of the breaks have occurred on a section of line that will be completely removed with this project. September U, 2024 Mendota Heights Ciry Covncdl Page 5 oJ14 Councilor Mazzitello asked if it would be worthwhile to complete a mill and overlay on the streets not being excavated for utility replacement. Assistant City Engineer Lucas Ritchie replied that would be an option. He stated that the City tries to focus on doing a complete neighborhood when doing repairs. He stated that if they do different repairs on different segments in a neighborhood that will change the maintenance cycle. He stated that they prefer to have the streets within a neighborhood on the same maintenance cycle and if an overlay were done in a section of the neighborhood, those streets would be due again for repair in about 10 years. He stated that the sacrificial anodes are placed at 200-foot increments and will also require excavation, which would also allow for moisture to seep in and cause additional cracking with just an overlay. He stated that the pavement lifecycle is roughly 20 years for this type of improvement and at that time they would reassess the watermain system as well. Mayor Levine used the scenario that a new sewer is needed on Fox in 20 years and asked the type of road repair that would be needed with that improvement. Assistant City Engineer Lucas Ritchie replied that typically when you replace utilities to that caliber, they would not be looking at an overlay because of the amount of pavement that would need to be removed. He stated that it does not make sense to have an overlay when utility replacement is being completed. Mayor Levine asked staff to reply to the ratings of the roads provided by staff versus the opinion of Mr. Maczko. Assistant City Engineer Lucas Ritchie stated that every person will have their own opinion on the pavement condition index (PCI). He stated that they are proposing a project at the 30-year lifecycle and the threshold for an overlay is PCI of 60 to 70. He stated that although the condition may not be as low as 25, he would argue that it is also not 60. He provided details on the options residents have for assessment payment, noting that the assessment would go onto the tax rolls for 2027 with a ten-year repayment period. He stated that there would be an assessment hearing in October of 2026 for both project areas and residents could then make a full payment within 30 days to avoid paying interest and avoid the assessment from going onto the tax roll. He confirmed that a partial payment could also be made to reduce the amount that goes onto the tax roll. Mayor Levine asked the cost of an overlay versus the full reclamation. Assistant City Engineer Lucas Ritchie stated that full cost has not been estimated. He stated that while generally an overlay is cheaper, that cost does not take into account the utility work that is needed. He explained that would also only buy ten years. Mr. Maczko disagreed with the PCI rating suggested an overlay, noting that the rating could go as low as 35 to still receive benefit from a mill and overlay. Councilor Paper asked if there is a metric that is used to determine the number of watermain breaks that would trigger full replacement. September 17, 2024 Mendota Heights City Coanacil Page 6 of 19 Mr. Sandstorm replied that there is a calculation used, noting that while breaks are a factor they are not the only element used in that determination. He explained that the pipe is not always bad when there is a break and provided some examples of other things that cause those breaks. Councilor Paper asked if there was any discussion about a realignment of Decorah and Wagon Wheel. Assistant City Engineer Lucas Ritchie replied that was not considered for this project but is shown in the Capital Improvement Plan (CIP) for 2030. He stated that project will have a different set of ramifications, and they will need to work with the State on that project. Councilor Mazzitello stated that this was the first subdivision done in 1995 under the current street maintenance system. He stated that at that time it was decided that the watermain would not be replaced. He stated that part of the reason the street ratings in some sections of this project are so low is because of the watermain issues and breaks that have occurred. He asked for and received information on sections of road that would not have utility work completed. He stated that in 1995 the decision was made not to replace the watermain which is causing the road to fail and need replacement earlier than typical. He stated that in 20 years they will come back and replace the watermain and asked if they are making the same mistake that was made previously and putting too much money into the road repair when they know it will be dug up in 20 years. He stated that in the sections where watermain is being replaced, the reclamation does make sense. Assistant City Engineer Lucas Ritchie commented that is a possibility and there is also a possibility that SPRWS does not have the funds to complete that replacement in 20 years. Mr. Moren stated that there are segments of the project area that does not have the red dots because they do not have the same types of pipe. Councilor Mazzitello asked that an estimated cost savings be shown in the final design that would provide overlay services in the areas of the project that do not require extensive utility work. Assistant City Engineer Lucas Ritchie confirmed that could be provided. Mayor Levine asked if cost could also be shown for the replacement of the pipes and whether that is a cost the City could absorb. Councilor Mazzitello commented that the City's water system was deeded to SPRWS in 2016 for this very purpose. He stated that they spent years developing the details of that agreement, and one of those details was to sync the replacement of infrastructure with SPRWS. He stated that this is a very large area and SPRWS is aware of the condition of the infrastructure, noting that while the sacrificial anodes will buy time, that repair will be needed in the future. He stated that he would not want to spend unnecessary funds and resources on something they know will need to be excavated in the future. He stated that is why he requested to see the cost details for a mill and overlay on the sections of the project that do not require digging to depth. Mayor Levine recognized the comment that they do not want to spend more money than necessary when future repairs will be needed. September /7, 2024 Mendota HetgPots City Council Page 7 of 14 Councilor Lorberbaum asked what the Council is being asked to do tonight. Assistant City Engineer Lucas Ritchie explained that the Council is being asked to order the improvement project, which would move staff into the design phase of the project with actual costs based on engineer's estimates. He stated that they would then come back in late January/early February to receive approval of the plans and specifications and receive authorization to go out for bid. He stated that there will be extra design time needed in order to provide both scenarios, but also recognized that there is not much of a difference between the plan set for the project as proposed and with the method proposed by Councilor Mazzitello. Councilor Lorberbaum summarized that this is simply taking the next step to move forward with designing the project and those plans would still be reviewed and approved by the City Council, Councilor Lorberbaum moved to approve RESOLUTION 2024-49 ORDERING OF IMPROVEMENT PROJECT FOR THE FRIENDLY HILLS NEIGHBORHOOD IMPROVEMENT PROJECT (PROJECT #202407), WITH DIRECTION FOR STAFF TO PROVIDE COMPARATIVE COST ESTIMATES OF THE FULL RECLAMATION AND MILL AND OVERLAY FOR THE PROJECT AREAS NOT RECEIVING EXTENSIVE UTILITY WORK/EXCAVATION. Councilor Mazzitello seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) CONSIDER APPROVAL OF ORDINANCE 592, AMENDING TITLE 12: ZONING OF THE CITY CODE (ZONING CODE UPDATE PROJECT); AND CONSIDER APPROVAL OF ORDINANCE NO. 593, CREATING TITLE 15: ENVIRONMENTAL STANDARDS OF THE CITY CODE; AUTHORIZE PUBLICATION OF SUMMARY ORDINANCES Planning Consultant Jennifer Haskamp explained that the Council was being asked to consider approval of Ordinance 592, amending Title 12: Zoning of the City Code (Zoning Code Update Project); and consider approval of Ordinance No. 593, creating Title 15: Environmental Standards of the City Code and to authorize publication of summary ordinances. Councilor Paper referenced a section of Chapter 12 related to wireless antennas and asked if this would help to support the coverage that is needed. Planning Consultant Jennifer Haskamp replied that the goal with the revised language is to state that there are preferred locations, but the City would entertain secondary locations. She stated that the provider would need to demonstrate that colocation is not possible and if a new tower is built, colocation would need to be an option. Councilor Mazzitello referenced the section related to PUDs, specifically amendments to the final development plan and asked if the zoning amendment process would include the concept review. Seytember l7, 2024 Mendota Heights Ciry Council Page 8 of 14 Planning Consultant Jennifer Haskamp stated that the zoning would be amended, as the PUD wouk function as a zoning district. She stated that the PUD process would still be followed for an amendment. Councilor Mazzitello referenced the definitions, noting the definitions for public street, private street, and street. He asked if the third definition is needed. Planning Consultant Jennifer Haskamp replied that the definition for street is not needed. Councilor Mazzitello referenced the definition of public street and asked if developed should be used instead be constructed. Planning Consultant Jennifer Haskamp agreed with that change. Councilor Mazzitello referenced the R-] standards table, noting recent requests for patio or deck expansions. He stated that none of those requests exceeded 35 percent and therefore did not believe the allowance for up to 50 percent with best management practices (BMP) is needed. He suggested that remain for R-2 or above and leave R-1 at 35 percent or a variance. Mayor Levine recalled that the Council had this discussion and believed that Councilor Lorberbaum also agreed with Councilor Mazzitello. She used the scenario that a homeowner is already at 40 percent and wants to put in a new driveway and asked what would happen. Planning Consultant Jennifer Haskamp commented that replacing in kind would be allowed but if there were any expansion, a variance would be needed. Mayor Levine commented that she now recalls that there was discussion about a swimming pool, which would exceed the 35 percent. Councilor Mazzitello stated that his rnind was changed by a recent swimming pool request, where the lot stayed under the 35 percent by using pervious pavers around the pool. He stated that at the worksession they had discussed allowing this provision for one year and then reviewing to see how it goes. Councilor Lorberbaum commented that if the BMP option is included, that is providing residents flexibility, and the Council needs to instead decide what it wants. She stated that they can still review after one year and would prefer to stay stricter. Mayor Levine confirmed the consensus of the Council to make the change to remove the BMP provision. Councilor Lorberbaum thanked Planning Consultant Jennifer Haskamp noting that these have been a long two years and acknowledged her work. Councilor Mazzitello moved to adopt ORDINANCE NO. 592, APPROVING THE PROPOSED AMENDMENTS TO TITLE 12: ZONING AND CORRESPONDING AMENDMENTS TO THE ZONING MAP, TO BE PLACED INTO EFFECT ON JANUARY 1, 2024 AND TO AUTHORIZE PUBLICATION OF A SUMMARY ORDINANCE AND TO ADOPT ORDINANCE NO. 593, APPROVING THE CREATION OF TITLE 15: ENVIRONMENTAL STANDARDS, TO BE PLACED Septeneber 17, 2024 Mendota Hetglats Ciry Coaencil Page 9 of 14 INTO EFFECT ON JANUARY 1, 2025, AND TO AUTHORIZE A PUBLICATION OF A SUMMARY ORDINANCE. Councilor Lorberbaum seconded the motion. Further discussion: Councilor Mazzitello stated that the motion is made incorporating the verbal changes that were discussed prior to the motion. Mayor Levine acknowledged the work of the Planning Commission, members of the public, members of staff, and Planning Consultant Jennifer Haskamp who were all involved in this long process. Ayes: 4 Nays: 0 B) CONSIDER APPROVAL OF ORDINANCE NO. 591, AMENDING TITLE 3: BUSINESS AND LICENSE REGULATIONS TO CREATE A SHORT TERM RENTAL ORDINANCE AND LICENSE PROCESS; AUTHORIZE PUBLICATION OF SUMMARY ORDINANCE; AND, CONSIDER APPROVAL OF ORDINANCE NO. 594, AMENDING THE CITY'S FEE SCHEDULE Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to consider Ordinance No. 591, amending Title 3: Business and License regulations to add a new Chapter 5A: Short Term Rentals; authorizing publication of a summary ordinance to adopt Ordinance No. 594, amending the City's Fee Schedule by establishing a Short Term Rental License fee. Councilor Lorberbaum acknowledged the intent to remove the maximum allowed number of days. She noted the requirement for the owner to reside onsite for at least half the year and asked if the property could only be rented while the owner is at the property. Corrrmmrity Development Manager Sarah Madden replied that the owner would not need to be on the property while renting it for a short-term basis. Councilor Lorberbaum asked if the property could then be rented 100 percent of the time. Community Development Manager Sarah Madden confirmed that could be done as long as all the other performance standards are met. Mayor Levine commented that there was a family that came forward who has a unit in their home that they rent out. Councilor Lorberbaum asked and received confirmation that all existing rentals would not be grandfathered in and would need to apply and meet the standards. She asked if the City is prepared to enforce these rules. Community Development Manager Sarah Madden replied that the City has prepared an application form, and the City is prepared to begin accepting rental applications. She stated that enforcement would be handled on a case -by -case basis, and they would work with the City Attorney if there were additional September 19, 2024 Mendota Ffeights City Conaactl Page 10 of ]4 efforts needed after the application process. She confirmed that there is an established process for enforcement, should that be necessary. Councilor raper asked if there would be a home inspection after application. Community Development Manager Sarah Madden confirmed that there would be an initial inspection to verify compliance with the ordinance. She stated that the cost for that service would be covered by the $200 annual fee. Councilor Papei asked if that $200 fee would cover the cost of the inspection and any related staff time. Community Development Manager Sarah Madden noted the items that would be inspected at the home, noting that it is not a full home inspection. Councilor Paper asked if there were other violations noted during that inspection or whether they were only looking at the number of habitable rooms and smoke/CO2 detectors. Comrunity Development Manager Sarah Madden replied that the inspection would only focus on the terms within the ordinance. Councilor Paper commented that he would want the inspection to verify that there is in fact a fire extinguisher onsite. David Epstein, 2234 Swan, stated that he is a real estate broker and renovates properties as well. He stated that sometimes the highest and best use of a property is as a short term rental. He stated that this is a good ordinance if the City does not want to allow short term rentals. He stated that he does not live in any properties that he is renting out. He stated that requiring properties to be homesteaded in order to rent for short term rentals would eliminate the possibility of people earning revenue on their property. He stated that he moved to Mendota Heights for the safety that comes with it and because the local government does not overreach. He believed that this could be written in a way that allows for homes that are not homesteaded to be rented. John Maczko, 750 Cheyenne Lane, stated that this is a residential community and short-term rentals are differentI He did not believe people want businesses conducted in their neighborhood with a new family showing up every seven days. He commented that the rotating cast of people does not allow you to form a sense of community. He believed that the community is more suited for long term rentals. He did like the homestead clause and believed that proof would need to be provided during the application process. Community Development Manager Sarah Madden commented that the license requirements speak of primary residence requirements and noted that could be clarified in the ordinance itself if desired. Councilor Mazzitello confirmed that it is a bit confusing and that could be cleaned up within the ordinance. Mayor Levine confirmed the consensus of the Council for that language to be cleaned up. She thanked Mr. Epstein for coming, but noted that they have been talking about this for one year and the decision to require a homesteaded property was not taken lightly by this Council. September 17, 2024 Mendoza Heights City Comvcil Page 11 of 14 Councilor Mazzitello stated that he would like the City Attorney to review Mr. Bellville's submission. City Attorney Amy Schmidt stated that she did review some of the citations listed in the letter but has not done an exhaustive legal review. She stated that a lot of the cases that were cited relate more to the zoning authority of the city. She stated that in this ordinance the Council would be exercising its licensing authority. Councilor Mazzitello asked when the moratorium expires. Community Development Manager Sarah Madden replied that the moratorium expires on Thursday, September 19`h Councilor Paper asked if the Council could review this after one year, similar to many other• changes the City has made. Mayor Levine commented that she does not see any problem passing the ordinance today, as there is nothing in this ordinance that is not included in the ordinances of other cities. City Attorney Amy Schmidt commented that even if adopted tonight, the ordinance would not take effect until it is published and therefore there will be a period of time where the moratorium expires, and the ordinance is not in effect. Councilor Lorberbaum asked if the moratorium could be extended. City Attorney Amy Schmidt replied that she did not believe that the moratorium falls into the category of that which could be extended. Councilor Mazzitello commented that there is no grandfathering in, once the ordinance is adopted, all short term rentals would need to fall under the ordinance. He stated that at the October 1`t meeting he would like to see the revisions and the opinion of the City Attorney on the letter submitted by Mr. Bellville. Councilor Mazzitello moved to TABLE CONSIDERATION OF THIS ITEM TO THE OCTOBER 1, 2024 MEETING. Councilor Lorberbaum seconded the motion. Ayes: 3 Nays: 1 (Paper) C) RESOLUTION 2024-50 CALLING FOR AN ASSESSMENT HEARING ON THE BRIDGEVIEW SHORES STREET IMPROVEMENT PROJECT Assistant City Engineer Lucas Ritchie provided a brief background on this item. The Council was being asked to consider Resolution 2024-50 calling for an assessment hearing on the Bridgeview Shores Street Improvement Project. September 17, 2024 A4endota Heights City Council Page 12 oJ14 Councilor Mazzitello moved to adopt RESOLUTION NO. 2024-50 CALLING FOR AN ASSESSMENT HEARING ON THE BRIDGEVIEW SHORES STREET IMPROVEMENTS. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 D) ADOPT FISCAL YEAR 2025 PRELIMINARY BUDGET AND LEVY Finance Director Kristen Schabacker explained that the Council was being asked to adopt a preliminary budget and proposed levy for Fiscal Year 2025, Councilor Mazzitello acknowledged how lucky the City is to have Finance Director Kristen Schabacker. Councilor Mazzitello moved to adopt RESOLUTION NO. 2024-51 APPROVING PROPOSED 2025 LEVY COLLECTIBLE IN 2025, RESOLUTION NO, 2024-52 ADOPTING 2025 PRELIMINARY BUDGET, AND RESOLUTION NO. 2024-53 APPROVING THE FINAL 2024 TAX LEVY FOR SPECIAL TAX DISTRICT NO. 1 COLLECTIBLE IN 2025, 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 commented that many topics tonight involved a lot of cornrnunity engagement and thanked everyone that was engaged and involved. He also wished the City Clerk a happy birthday. Councilor Lorberbaum stated that the community is lucky to have NDC4, which has put together vidual videos for each of the communities they serve. She noted eight recent awards received by that organization. She stated that the previous day was Respect for Your Elder Day, which is a national holiday in Japan spent with elderly friends and relatives. She stated that today is Constitution Day, which commemorates the day the Constitution was signed. She encouraged all residents who legally can vote to register and vote. Councilor Mazzitello read a portion of the Constitution, which was signed on September 17, 1787. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 September 77, 2024 r4endota Neiglvts Czry Council Page /3 of /4 Mayor Levine adjourned the meeting at 10:19 p.m. ft A�4�t 3 hang e B. Levine Mayor ATTEST: 14'aqyBa r Ci Clerk September l7, 2024 Me�adota Heights City Ca:mci7 Page 14 oj14