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2014-11-18 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 18, 2014 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 Krebsbach called the meeting to order at 7:00 p.m. The other members present included: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items f) Acknowledgement of Traffic Safety Committee Report; h) Approval of Resolution 2014-77, 2015 Recycling Joint Powers Agreement with Dakota County; and i) Approval of Resolution 2014-65, Electronic Crimes Taskforce Joint Powers Agreement. a. Approval of November 5, 2014 City Council Minutes b. Approval of November 7, 2014 Canvassing Board Minutes c. Approval of November 10, 2014 City Council Workshop Minutes d. Acknowledgment of November 10, 2014 Parks and Recreation Commission Minutes e. Acknowledgment of November 12, 2014 Airport Relations Commission Minutes f. Acknowledgement of Traffic Safety Committee Report November 18, 2014 Mendota Heights City Council Page 1 g. Approval of Personnel Action Report h. Approval of Resolution 2014-77, 2015 Recycling Joint Powers Agreement with Dakota County i. Approval of Resolution 2014-65, Electronic Crimes Taskforce Joint Powers Agreement j. Receipt of October 2014 Building Activity Report k. Receipt of October 2014 Fire Synopsis Report 1. Receipt of Par 3 update m. Approval of Claims List n. Approval of October 2014 Treasurer's Report o. Approval of Contractors List Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM F) ACKNOWLEDGEMENT OF TRAFFIC SAFETY COMMITTEE REPORT City Engineer John Mazzitello explained that the Traffic Safety Committee (TSC) met on November 5, 2014 and discussed three issues: 1) speed complaint from residents on Ivy Falls Avenue/Maple Park Drive, 2) crosswalk/pedestrian safety at Friendly Hills School, and 3) Warrior Drive parking update. 1) The speed cart was utilized to ascertain the speeds on Ivy Falls Avenue/Maple Park Drive at various times of the day and it was determined that the speeds were not excessive. However, the police will continue to monitor the area. No Council action is necessary. 2) There are no 'no parking' signs along Mendota Heights Road, near the crosswalk by the entrance to Friendly Hills School. The City Code does say that parking within 20 feet of a crosswalk at an intersection is prohibited. The Traffic Safety Committee recommended installing 'no parking' signs at the crosswalk. The issue was cars parking too close or into the crosswalk which prohibited drivers from seeing pedestrians in the crosswalk. No further action from the Council is needed. 3) Last September residents voiced their concern over traffic safety issues related to parking on the east side of Warrior Drive. Council referred the matter to the Traffic Safety Committee to study it and make a recommendation by the end of the calendar year. Due to the construction of the River -to -River Greenway Trail, parking had been prohibited for the first two months of the school year, and parking has been restored in that area last week. The Traffic Safety Committee feels that they did not have sufficient time to observe traffic patterns and parking on Warrior Drive. The Committee's recommendation is that the Council extend the deadline. The Committee will report back to the Council at a scheduled March Council Meeting. Councilmember Petschel expressed her appreciation to the Traffic Safety Committee for their recommendation regarding the crosswalk and pedestrian safety at Friendly Hills School. Mayor Krebsbach requested an update on two issues that did not come before the Traffic Safety Committee; traffic speeds near Somerset School and along 1st or 2nd Avenue. November 18, 2014 Mendota Heights City Council Page 2 City Administrator Justin Miller replied that there are currently school zone signs around Somerset and along 1st or 2nd Avenue but that he would work with Chief of Police Michael Aschenbrener on a traffic speed study with the speed cart. Councilmember Duggan asked if the residents along Warrior Drive would receive a letter regarding the extension of the deadline. Engineer Mazzitello replied that the residents and the school district would receive an update if Council grants the extension. Councilmember Petschel moved that the COUNCIL GRANT THE COMMITTEE AN EXTENSION ON THE DEADLINE FOR A RECOMMENDATION ON PARKING ON THE EAST SIDE OF WARRIOR DRIVE UNTIL A SCHEDULED COUNCIL MEETING IN MARCH AND TO ACCEPT THE TRAFFIC SAFETY COMMITTEE REPORT. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 H) APPROVAL OF RESOLUTION 2014-77, 2015 RECYCLING JOINT POWERS AGREEMENT WITH DAKOTA COUNTY Planner Nolan Wall explained the request to approve Resolution 2014-77, approval of the 2015 Joint Powers Agreement with Dakota County for the Waste Abatement Community Funding Program and the Community Funding Application. Staff requested the maximum allowable funding in 2015 ($15,000). Work plan goals for 2015 include the following: 1. Attendance at local solid waste group meetings 2. Monthly recycling tips for all City employees to promote waste reduction in all facilities 3. Newsletter articles in the Heights Highlights regarding recycling options 4. Spring Clean -Up event 5. Social media postings and infotniation regarding recycling opportunities to residents 6. Youth Safety Camp presentation on household hazard wastes 7. Holiday lights recycling collection at City Hall (which kicked -off this week) The majority of the budget would be for administrative costs to carry out the work plan. Other expenditures would include the spring clean-up, printing, and postage. Councilmember Duggan moved to adopt RESOLUTION 2014-77, APPROVING THE JOINT POWERS AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS FOR 2015 WASTE ABATEMENT COMMUNITY FUNDING. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 November 18, 2014 Mendota Heights City Council Page 3 I) APPROVAL OF RESOLUTION 2014-65, ELECTRONIC CRIMES TASK FORCE JOINT POWERS AGREEMENT Chief of Police Michael Aschenbrener presented a joint powers agreement which would allow the police department to utilize Dakota County's electronic services and would expand that capacity across the County by bringing in members of other agencies to work on the task force. The Task Force was defined to investigate illegal activities related to the use of electronic devices, the Internet, and materials transmitted or used in electronic format and the prosecution of those conducting such illegal activities. For 2015, Hastings, Farmington, Mendota Heights, Rosemount, South St. Paul, and West St. Paul will pay $15,000 to participate; Burnsville and Apple Valley will each contribute one full-time police officer; and Inver Grove Heights will contribute a half-time officer. In the future, as the Task Force comes to full staff, the goal is to place a part-time officer in the task force to learn these new skills. Councilmember Duggan moved to adopt RESOLUTION 2014-65, FORMALLY AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) "DAKOTA COUNTY ELECTRONIC CRIMES TASK FORCE." Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PUBLIC HEARINGS A) RESOLUTION 2014-73, VACATING A PORTION OF PARTITION ROAD City Engineer John Mazzitello stated that a resident submitted an application requesting the vacation of a portion of City -owned right-of-way. That right-of-way, identified as Partition Road, is a 30 -foot wide half -street right-of-way that runs between Spring Street and Dodd Road in a northwesterly/southeasterly fashion. The other half of the originally platted Partition Road has already been vacated. The applicant did submit a petition with the required amount of signatures consisting of a majority of the abutting property owners. Staff researched the right-of-way and found there to be no utilities located within it. The applicant, Mr. Jeff Hamiel, answered questions from the Council. Councilmembers asked about the location of the proposed parcel and his plans for it. Mayor Krebsbach opened the public hearing. Mr. Brad Clary, 1179 Ivy Hill Drive, President of the Ivy Hills Townhouse Association and owns property along the requested vacated parcel, stated he has no objection to the vacation request; however, he requested that there be a 15 -foot conservation easement. He believes this would be appropriate November 18, 2014 Mendota Heights City Council Page 4 because the property is currently being used for trees, shrubs, landscaping, etc. and it would prevent a developer coming in and building a very large development on the adjoining property. The association has spoken with Mr. Hamiel and he has no objection to the conservation easement as long as the association maintains the hedge that sits along the property line. Mr. Clary also noted that an association resident who lives in one of the most immediately affected units wrote a letter stating that she has no objections to the vacation as long as the parcel is used for its present purposes (i.e. trees, hedges, and shrubs), preferably in the form of a conservation easement. Ms. Gail Roberts, 1150 Ivy Hill Drive, expressed her support of the conservation easement. Councilmembers asked questions about which parcels are owned by the association, who is the owner of an empty lot in that area, and if there was any feedback from the other homeowners association in the area (it was noted that they were in agreement with the vacation request with the conservation easement). City Attorney Tom Lehmann stated that the vacation of a city street is governed by state statute and that is the only action that the Council can take — to vacate or not to vacate. He noted that Council would exceed its authority if it started imposing conditions on a vacation. Mr. Clary returned and noted that if the conservation easement is not required with the vacation, then the association would oppose the vacation on the grounds that there would be no good reason for it. He requested that the vacation not be approved right now to allow the association and Mr. Hamiel to come to an agreement on a conservation easement. Councilmember Petschel moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to table Resolution 2014-73, VACATING A (PORTION OF) STREET UPON A PETITION OF A MAJORITY OF ABUTTING LANDOWNERS to allow residents time to come to an agreement on a conservation easement and thus eliminate any opposition. Councilmember Norton seconded the motion. Attorney Lehmann brought it to the Council's attention that the 60 -day rule for this application would expire on December 16 unless it was agreed by all parties to extend the application. Upon the request for clarification by Councilmember Petschel, Planner Wall noted that any agreement made between the residents would be recorded at the County and would run with the land to any prospective buyer. Ayes: 4 Nays: 1 (Duggan) November 18, 2014 Mendota Heights City Council Page 5 B) NPDES PHASE II STORM WATER PERMIT PUBLIC HEARING Assistant City Engineer Ryan Ruzek explained that the City is permitted through the Minnesota Pollution Control Agency for any storm water discharge that leaves the City. The City is required to follow a number of steps. This is the final year of the City's Phase I permit and there is going to be a Phase II permit the City would be reporting on next year. He also noted that over the next few months there will be some storm water issues coming to the Council's attention. Currently, there are six required components including public education, public participation, illicit discharge detection, construction site runoff, post -construction runoff control, and pollution prevention. Assistant Engineer Ruzek outlined the action items the City completes to comply with the components. Mayor Krebsbach opened the public hearing. Councilmembers made comments and asked questions regarding a letter received from the Lake Augusta Homeowners Association regarding appropriate buffer care. They also suggested the addition of rain garden photographs in the next edition of the Heights Highlights. They discussed how draconian Phase II will be, and what is a MS4 owner. Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) VICTORIA ROAD LISTENING SESSION Mayor Krebsbach noted that this is a listening session for the Council to hear any comments from residents for the record. Assistant City Engineer Ryan Ruzek explained that the ordering of the Victoria Road South improvements was done on November 19, 2013. Victoria Road is proposed to be reconstructed from Marie Avenue to Lexington Avenue. The project includes a 28 -foot roadway with the addition of a parking lane along the north and south section, directly across from Eagle Ridge Drive. The 8 -foot bituminous trail will be reconstructed, as well as curb and gutter installed on the entire project. The project is scheduled to start in June 2015 with completion in the fall of 2015. Assistant Ruzek shared a map showing the proposed street widths and parking lanes. The project is estimated at $1,591,093. Staff is proposing to specially assess approximately $335,850 of this project. The City would bond for its portion of the cost of $527,367.97. Staff is proposing to use $500,000 from the municipal state aid account for the heavier duty street sections, and utility funds would pay for the storm sewer improvements of $227,875. November 18, 2014 Mendota Heights City Council Page 6 The City's reconstruction policy is to assess 50% of the project costs to the benefiting property owners. The assessable costs were estimated to be $1,268,000; 50% would be $634,252. There are 23 single unit homes and 20 multi -unit homes. Based on the City policy, the estimated unit assessment would be $14,750; however this would exceed projects that have been done in the past for this type of work. Staff is proposing to cap the unit assessment for the single unit homes at $8,950 and the multi -unit homes at $6,500 — equating to 26% of the entire project costs. Councilmembers asked questions regarding water main replacement and how many people attended the informational meeting. Mayor Krebsbach opened the floor for comments from the residents affected by this reconstruction project. Mr. Peter Coyle, a lawyer from Bloomington, MN representing seventeen property owners within the Victoria Townhome Association and three property owners within the Eagle Ridge Townhome Association, expressed his appreciation for the information provided by staff. He and his clients wished to go on record as stating the proposed assessments are excessive based on the benefit they could identify at this point. Their concern is the approach the City is taking to treat all of the properties the same without regard to the unique circumstances of each of them. He requested a copy of the appraiser's findings so they could better understand the approach that the City has taken in trying to assign benefits to each of the properties. No other persons wished to be heard. Councilmember Petschel commented on an issue she raised by saying this is a large project and there will be times that people will be without power and water; the practice in the past has been for the construction company to put notices on the front doors explaining when the water and/or power would be turned off. She wondered if the City could post a notice also on the City's website when the water and/or power in the area(s) would be turned off. Mayor Krebsbach wondered if an email could be sent to the affected residents. Assistant Engineer Ruzek replied that all of the informational meetings have sign -in sheets so he could try to gather as many phone numbers and emails as he could. However, he does not believe the City's website is set up for someone to sign up to automatically receive the updates. No action was taken on this item. B) ORDINANCES 463 AND 464, APPROVING ELECTRIC AND GAS FRANCHISE AGREEMENTS WITH XCEL ENERGY City Administrator Justin Miller explained the draft ordinances which would establish gas and electric franchise agreements with Xcel Energy. Xcel Energy is the provider of gas and electric services within the city. Franchise agreements are a common way to formalize the interactions between the City and the utility in regards to their operations, whether it be right-of-way management, replacement or abandonment of lines, how to deal with construction issues, etc. The City has had agreements with Xcel November 18, 2014 Mendota Heights City Council Page 7 Energy in the past but they have expired. These ordinances would spell out the current operations, the current mode of practice that the City has with Xcel Energy at the current time. These do not have a franchise fee but are simply a franchise agreement; section nine of both agreements does reserve the right for the City to implement a franchise fee in the future if the Council would so desire. When questioned, City Attorney Tom Lehmann explained that the City is not out of compliance, but in order to enact this agreement it has to be through an ordinance. Also, the City could not impose a franchise fee without this agreement. Mr. Jake Sedlacek, representing Xcel Energy, was present to answer questions and gave a brief background on Xcel Energy and their presence in the city of Mendota Heights. Councilmembers asked questions regarding any potential changes in operation once the ordinances are in place, what the form of energy is that goes through these rights-of-way, what the duration was of the previous agreement and when did it expire, what was in the dispute resolution that the Council should be made aware of, electric boundaries, discretion on the size of the gas lines, and various suggestions were made pertaining to the wording in the ordinances. Councilmember Petschel moved to adopt ORDINANCE NO 463, AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES, with the minor changes as recommended; And, to adopt ORDINANCE NO 464, AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING, OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF MENDOTA HEIGHTS, MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES, with the minor changes as recommended. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Residents were asked to 'Adopt a Hydrant' to keep it clear of snow and ice for the winter season. November 18, 2014 Mendota Heights City Council Page 8 • For garbage and recycling pickup, residents were asked to place their garbage cans on their driveways and behind the curb line so the snowplows do not hit them. • A tree lighting ceremony will be held on Saturday, December 6 starting at 5:00 p.m. at The Village. Events start at 4:00 p.m. • A tree lighting event will be held at Mendota Plaza on Thursday, December 4 starting at 6:00 p.m. with hot cocoa, music, raffle, etc. COUNCIL COMMENTS Mayor Krebsbach, on behalf of the Council, announced that the City of West St. Paul, Mendota Heights, and ISD197 received the Mighty Ducks $200,000 grant. Councilmember Duggan reminded residents to adopt a fire hydrant. He also congratulated the Visitation swimmers for winning the State Championship. He wished everyone a Happy Thanksgiving. Councilmember Petschel had the pleasure of going to the Fire Department's annual dance. The venue, food, and the band — High & Mighty — were fantastic. The camaraderie was outstanding. Mayor Krebsbach attended the Henry Sibley Gala Concert, which was outstanding. One-third of the students at Henry Sibley participate in music or choir. The Council wished all of the residents a Happy Thanksgiving. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:37 p.m. andra Krebsbach Mayor Lorri Smith City Clerk November 18, 2014 Mendota Heights City Council Page 9