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2024 11 6 CC MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regulaz Meeting Held Tuesday, November 6, 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 The council, audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine requested to amend the agenda to add three prosecution services items to the consent agenda as Items M. N. and O. Councilor Lorberbaum moved adoption of the agenda. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda as amendedI Councilor Lorberbaum seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heazd. CONSENT AGENDA Mayor Levine presented the consent agenda and explained the procedure for discussion and approval. Councilor Mazzitello moved approval of the consent agenda as presented, pulling items F and M. a. Approve 2025 Tobacco License Renewals b. Approve Appointment of Student Representative to the Parks and Recreation Commission c. Authorize Posting for Mendota Heights Police Cadet d. Resolution 2024-64 Supporting the Dakota County 2025-2029 Capital Improvement Plan e. Approve Geotechnical Evaluation Contract for the Hampshire Estates Street Improvements Ap Jor- the 0heyawaki hgefpfetive-nes.sa g. Approve Purchase Order for Tree Removals on Sylvandale Road h. Acknowledge September 2024 Building Activity Report i. Acknowledge the September Par 3 Financial Report j. Acknowledge the 2024 Third Quarter Financial Report k. Approve September 2024 Treasurer's Report 1. Approval of Claims List b Legal Proseeu4i n SeFyiees / g+e ment Between the City of Mendota Heights d Campbell Y n. Resolution 2024-69 Approving a Master Subscriber Agreement for Court Data Services for Government Agencies o. Resolution 202440 Approving State of Minnesota Joint Powers Agreement and Court Data Services Subscriber Amendment to the City of Mendota Heights on Behalf of its City Attorney Councilor Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) AUTHORIZE EXECUTION OF MN HISTORICAL AND CULTURAL HERITAGE PROGRAM GRANT CONTRACT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE MN HISTORICAL SOCIETY FOR THE OHEYAWAHI INTERPRETIVE DESIGN PROJECT Councilor Lorberbaum asked for staff to provide information on this item. Natural Resources Coordinator Krista Spreiter stated that this is the third phase in the interpretive program for this site, which began three years ago. She stated that phases one and two were also completed with grants from the Minnesota Historical Society (MHS). She stated that MHS has provided a grant of $60,000 for phase three which requires a $10,000 match from Mendota Heights. She advised that the City did budget for this within the 2025 budget and provided details on the anticipated timing noting that the project would be completed along with the capital improvements planned that will be using state bonding dollars. Councilor Lorberbaum shared a Native American proverb. Councilor Lorberbaum moved to AUTHORIZE EXECUTION OF MN HISTORICAL AND CULTURAL HERITAGE PROGRAM GRANT CONTRACT BETWEEN THE CITY OF MENDOTA November 6, 2024 Mendota Heights City Counerl Page 2 of 8 HEIGHTS AND THE MN HISTORICAL SOCIETY FOR THE OHEYAWAHI INTERPRETIVE DESIGN PROJECT, Councilor Paper seconded the motion. Ayes: 5 Nays: 0 M) RESOLUTION 2024-68 TERMINATING LEGAL SERVICES BY GRANNIS & HAUGE, P.A. AND APPROVING PROSECUTION SERVICES AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND CAMPBELL KNUTSON Councilor Paper asked for information on this item. Police Chief Kelly McCarthy stated that the prosecutor the City has been using is changing firms and he is the only person that does municipal prosecution services at the current firm, so everyone agreed that it would be best for the City to change firms to maintain the current prosecutor. She stated that this would be a one-year contract with no change in cost. Councilor Paper moved to adopt RESOLUTION N0.2024-68 TERMINATING LEGAL SERVICES BY GRANNIS & HAUGE, P.A. AND APPROVING PROSECUTION SERVICES AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND CAMPBELL KNUTSON. Councilor Mazzitello seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS No items scheduled. No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2024-62 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE EMERSON AVENUE STREET IMPROVEMENTS Assistant City Engineer Lucas Ritchie explained that the Council was being asked to approve Resolution 2024-62 adopting and confirming the assessment for the Emerson Avenue Street Improvements. Councilor Mazzitello commented that the Council did hold and close the public hearing on this item at its last meeting. Councilor Mazzitello moved to adopt RESOLUTION 2024-62 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE EMERSON AVENUE STREET IMPROVEMENTS. Councilor Paper seconded the motion. Ayes: 5 November 6, 1024 Mendota Heigh/s City Council Page 3 of 8 Nays: 0 B) RESOLUTION 2024-65 DEFERRING ASSESSMENT FOR 781 EMERSON AVENUE FOR THE EMERSON AVENUE STREET IMPROVEMENT PROJECT Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being asked to consider Resolution 2024-65 deferring the street rehabilitation assessment at 781 Emerson Avenue for the Emerson Avenue Street Improvement project. Councilor Lorberbaum commented that she thinks this is a great thing and perhaps many residents aze not aware of the possibility of deferment. She asked if it was too late for a senior citizen to come forward and make this request. Public Works Director Ryan Ruzek commented that it is too late as the intent needs to be declared at, or before, the time of the public hearing. He stated that the public notice mailed to the residents does provide the options and steps for deferment. Councilor Mazzitello moved to adopt RESOLUTION NO. 2024-65 DEFERRING THE MAKING OF ASSESSMENT FOR THE PROPERTY LOCATED AT 781 EMERSON AVENUE (PID 27-37676-01- 010) FOR THE EMERSON AVENUE STREET IMPROVEMENT PROJECT, Councilor Miller seconded the motion. Ayes: 5 Nays: 0 C) CONSIDER APPROVAL OF ORDINANCE NO. 595, REPEALING AND REPLACING CHAPTER 3: URBAN FOREST PRESERVATION OF TITLE 15: ENVIRONMENTAL STANDARDS OF CITY CODE; AND AUTHORIZE PUBLICATION OF SUMMARY ORDINANCE Natural Resources Coordinator Krista Spreiter provided a brief background on this item. The Council was being asked to consider approval of Ordinance No. 595, repealing Chapter 3: Urban Forest, Significant Trees and Tree Replacement and replace with Chapter 3: Urban Forest Preservation to Title 15: Environmental Standards of City Code, and authorize publication of summary ordinance. Councilor Lorberbaum referenced the applicability section and stated that portion reads awkwazdly to her and suggested that instead of a minimum of seven trees, it should read seven or more trees. Natural Resources Coordinator Krista Spreiter provided more specific information on how measuring is done and whose responsibility it is to measure. She stated that the tree replacement is not feasible on site, the City may approve an alternative tree replacement measure such as planting on an alternate site. Councilor Mazzitello commented that from the discussion of the Commission, he believes that the intent is to deter people from cutting down significant and heritage trees. He asked how the escrow amount is calculated. November 6, 2024 Mendota Heigbis City Cotmcil Page 4 of 8 Natural Resources Coordinator Krista Spreiter commented that they have not yet determined that but are considering that it be a percentage or the full cost of tree mitigation. She stated that they could also go with a standard amount. Councilor Mazzitello asked how the escrow is refunded. Natural Resources Coordinator Krista Spreiter commented that the escrow is held and once the work is completed and successful, the escrow is refunded. Councilor Lorberbaum thanked staff and the Commission for this great work. She suggested another change under safeguarding trees, the current language is "to treat with accepted guidelines" and suggested that be replaced with "to treat according to accepted guidelines". Mayor Levine provided the scenario that someone removes a lot of trees without a permit, noting that the City would not have an escrow in that situation and asked how that would be handled. She also asked if the escrow should be determined before adoption tonight. Natural Resources Coordinator Krista Spreiter replied that it was her assumption that fees are reviewed and sometimes changed annually, which would provide additional time to determine that amount. City Administrator Cheryl Jacobson commented that the fee schedule is adopted in January. Natural Resources Coordinator Krista Spreiter stated that the ordinance would become effective about that same time. Mayor Levine provided the scenario that a homeowner removes five trees and asked if they could wait a period of time and remove an additional five trees to skirt the system. Natural Resources Coordinator Krista Spreiter replied that there is nothing in the ordinance to address piecemealing. She stated that in the case that a property owner removes over the threshold of trees without a permit, it would be assumed all of the removed trees were heritage trees and proper mitigation would need to be provided and the typical code enforcement would be followed. She stated that neighbors tend to monitor each other and involve the City. Mayor Levine asked if something could be added to enforcement, requiring people to adhere to the spirit of the law. Councilor Mazzitello stated that if someone takes action without a permit, the Code allows the City to double fine. He stated that a timeframe could be set to address piecemealing. Councilor Paper commented that the person who is not going to follow the roles will play the long game. Councilor Miller commented that maybe the case but perhaps the timeframe is made 12 months as that would push the timeframe on the length of a project. November 6, 10?4 Mendolo Heights City Council Page S of 8 Councilor Paper commented that his thought was not for a project specifically but for someone who is opening their view along the river where someone could remove trees little by little. Councilor Miller commented that he believes that this is a good starting point, and they could always review and adjust the policy. The Council agreed with adding the language "within one calendar year". Councilor Mazzitello commented that there would be a separate ordinance to address tree removal that would occur along the Mississippi River. Mayor Levine commented that this is an impactful ordinance and asked how this would be communicated to the community. She stated that she liked the examples and would also like an example of what would happen if someone did not follow the ordinance. Natural Resources Coordinator Krista Spreiter commented that this will be communicated through the traditional methods along with targeted mailings and posting at City Hall. Councilor Mazzitello suggested adding real estate agents to the list of targeted mailings. Mayor Levine stated that perhaps there could be an educational message taped and available on the City website to communicate this information. Councilor Mazzitello stated that the Commission thoroughly debated this topic and believed that the end product is great. Mayor Levine acknowledged that this has been the top priority since that Commission was formed and therefore a lot of thought and work has been put into this. Councilor Mazzitello noted that while they try to do things right the first time, he would like to keep an open mind that changes or improvements may come forward in the future once this is implemented. Councilor Lorberbaum moved to adopt ORDINANCE NO. 595 REPEALING CHAPTER 3: URBAN FOREST, SIGNIFICANT TREES AND TREE REPLACEMENT AND REPLACE WITH CHAPTER 3: URBAN FOREST PRESERVATION TO TITLE 15: ENVIRONMENTAL STANDARDS OF CITY CODE WITH THE CHANGES AS MENTIONED; AND AUTHORIZE PUBLICATION OF SUMMARY ORDINANCE. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2024-66 APPROVING THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY TO ADMINISTER CITY LOCAL AFFORDABLE HOUSING AID (LAHA) FUNDS Community Development Manager Sarah Madden provided a brief background on this item. The Council was being asked to approve Resolution 2024-66 supporting collaboration with the Dakota County Community Development Agency to administer the City Local Affordable Housing Aid (LAHA) funds. November 6, 2024 Mendota HeigGls Ciry Council Page 6 of 8 Mayor Levine asked who the grants would be aimed at and how they would apply. Community Development Manager Sarah Madden provided details on the income restrictions for the two programs and stated that residents would apply through Dakota County for these programs. Mayor Levine as if there are targeted mailings sent to advertise these programs. Community Development Manager Sarah Madden stated that the CDA does the bulk of in for the programs. She noted that not much marketing is needed as there is often a waitlist for the home improvement program. She commented that the City can advertise the programs through its typical channels as well. She commented that the program could be mentioned in cases of code enforcement as well. Councilor Lorberbaum encouraged staff to include an article in the Mendota Heights Highlights to advertise the programs. Mayor Levine thanked Dakota County CDA for working with the City and offering to administer the programs, which would have been difficult for the small staff of Mendota Heights. Councilor Mazzitello referenced the Joint Powers Agreement that will be executed between the two entities and asked how members of the public would view that document. City Administrator Cheryl Jacobson stated that residents could contact City Hall to request that information if desired. Councilor Mazzitello commented that program details are available at DakotaCountyCDA.org. Councilor Mazzitello moved to adopt RESOLUTION NO. COUNTY COMMUNITY DEVELOPMENT AGENCY AFFORDABLE HOUSING AID FUNDS. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 2025-66 APPROVING THE DAKOTA TO ADMII�lISTER LOCAL CITY COMMUNITY ANNOUNCEMENTS City Administrator Cheryl Jacobson thanked the City staff and volunteers who provided a sound and successful election process. She announced upcoming community events and activities. Parks and Recreation Manager Meredith Lawrence provided additional details on the upcoming toy swap. COUNCIL COMMENTS Councilor Paper commented that it is Movember, supporting men's health, and encouraged men to get checked. November 6, 1024 Mendota Heights Ciry Council Page 7 of 8 Councilor Lorberbaum echoed thanks to staff and those who served as election judges. She stated that the previous weekend she attended a Day of the Dead event at Two Rivers and thanked the sponsors that helped to make the event a success. She commented that it was a wonderful event. Councilor Miller provided advice for those who may need solace today. Councilor Mazzitello echoed the comments made thus far related to the election and expressed thanks to those who assisted. He stated that over the course of the nation, just shy of 150,000,000 votes were cast yesterday and to have that number counted so quickly is a testament to everyone who volunteers to participate in that process. He appreciated the high voter turnout the City has and the wonderful staff as well. He congratulated those who won and consoled those who did not. He stated that on Monday the community has the ability to thank those who make it possible for the country to have the voting process. Mayor Levine echoed and thanked all who participated and assisted with the elections. She stated that she has enjoyed serving with Councilor Miller, who will leave the Council at the end of this year. ADJOURN Councilor Mazzitello moved to adjourn. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Mayor Levine adjourned the meeting at 8:20 p.m. Step ame .Levine /'`%� Mayor ATTEST: ) I N cy Ba r Ci Clerk November 6, 2024 Mendota Heights City Coxncr/ Page 8 of 8