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2015-06-16 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 16, 2015 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. Councilmembers present included Duggan, Povolny, and Petschel. Councilmember Norton arrived at 7:02 p.m. 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 Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items d) Approval of Lease Agreement for Tri State Bobcat Mower Attachment, f) Approval of Professional Services Agreement Task Order/Redevelopment Planning Study Scope — Stantec Consulting Services Inc., g) Authorization of a Sub -License to an Existing Right -of -Way License Agreement for 953 Wagon Wheel Trail, j) Resolution 2015-41, Accepting Work for Victoria Road, Job Number 201308, and 1) Approval of Claims List. a. Approval of June 2, 2015 City Council Minutes b. Approval of June 2, 2015 City Council Closed Session Minutes c. Approval of Out of State Travel — City Administrator d. Approval of Lease Agreement for Tri State Bobcat Mower Attachment e. Receipt of May 2015 Fire Department Synopsis Report f. Approval of Professional Services Agreement Task Order — Stantec Consulting Services Inc. June 16, 2015 Mendota Heights City Council Page I g. Authorization of Sub -License to Existing Right -of -Way License Agreement - 953 Wagon Wheel Trl h. Approve Resolution 2015-42, Declaring Excess Property - Administrator's Office Furniture i. Personnel Action Items j. Resolution 2015-41, Accepting Work for Victoria Road, Job Nurnber 201308 k. Police Squad Cars Update 1. Approval of Claims List m. Approval of Contractor List n. Approval of May 2015 Building Activity Report Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM D) APPROVAL OF LEASE AGREEMENT FOR TRI STATE BOBCAT MOWER ATTACHMENT Councilmember Povolny asked why the City was not purchasing the bobcat mower attachment rather than leasing. Assistant City Engineer Ryan Ruzek replied that the agreement is a Lease -to -Own. Councilmember Povolny moved to authorize the signing of the Tri State Bobcat lease agreement to purchase a high flow brush cat mower attachment for the Bobcat for the purchase price of $4,800.00. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF PROFESSIONAL SERVICES AGREEMENT TASK ORDER — STANTEC CONSULTING SERVICES INC. Planner Nolan Wall explained the proposed Professional Services Agreement Task Order with Stantec Consulting Services for the Redevelopment Incentive Grant project. Mr. Phil Carlson, Senior Planner with Stantec, was present to summarize the scope of the proposed project and answer questions from the City Council. Councilmember Duggan requested when Tasks 1, 2, and 3 are completed, an update memo be sent to the Mayor and Councilmembers. Mr. Carlson replied that this was their intention to put down on paper what comes out of each task and to share that with the Council and staff. Mayor Krebsbach moved to approve the Professional Services Agreement Task Order with Stantec Consulting Services for the work proposed in the Industrial District Redevelopment Plan Scope. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Ane 16, 2015 Mendota Heights City Council Page 2 G) AUTHORIZATION OF A SUB -LICENSE TO AN EXISTING RIGHT-OF-WAY LICENSE AGREEMENT FOR 953 WAGON WHEEL TRAIL Assistant City Engineer Ryan Ruzek explained that in 2013 the City approved a license agreement for the use of an undeveloped City right-of-way as a private driveway to the residence at 963 Wagon Wheel Trail. Included with that agreement was a Shared Driveway Maintenance Agreement between the owners of 963 and 945 Wagon Wheel Trail. 953 Wagon Wheel Trail is now a developed lot and the owner would like to have access to the new home using this right-of-way. The driveway agreement has been amended so all three homes now are on the agreement. They are requesting City approval to execute that amendment. Councilmembers asked questions regarding the future of the undeveloped right-of-way if additional homes are added to the area. Clarification was made of the 5"' "Whereas" [WHEREAS, the CITY desires to allow LICENSEE to utilize the unimproved right of way for a private drive until such time as the right of way is improved]. Confirmation was made that all three parties are in agreement, the City is protected if two of the owners decide to return the right-of-way to the City for development, and utilities are currently available to the properties. Councilmember Petschel moved to authorize staff to execute an amendment to the 2013 License Agreement establishing a sub -license to the owner of 953 Wagon Wheel Trail. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 J) RESOLUTION 2015-41, ACCEPTING WORK FOR VICTORIA ROAD, JOB NUMBER 201308 Councilmember Duggan questioned why there was an increase in costs for this project. Assistant City Engineer Ryan Ruzek replied that some of the increase was due to the additional work added to the project, including the hockey rink paving at Marie Park. The scope of the project was increased so the actual Victoria Road costs were within the original contract amount. However, there was additional work done by the contractor, which brought the cost above the original contract amount. All of these additional costs were itemized in the January 6"' memo to Council. Councilmember Duggan moved to adopt RESOLUTION 2015-41, "RESOLUTION ACCEPTING WORK FOR VICTORIA ROAD and ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS, JOB NUMBER 201308". Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 June 16, 2015 Mendota Heights City Council Page 3 L) APPROVAL OF CLAIMS LIST Mayor Krebsbach noted that the item in question on the Claims List was the payment to the St. Paul Regional Water Authority. City Administrator McNeill explained that this payment is for work completed for the Sibley Memorial Trail. The Council was provided a list of the total costs for the trail. The total cost of the contract at this time with Urban Companies is $215,891 which includes a change order approved previously by the Council. The payment being approved tonight is for St. Paul Regional Water Authority's share of the costs of lowering the pipe — approximately $32,000. The funds would come out of the water surcharge fund. Since there was so much interest by the residents on the Sibley Memorial Trail, Mayor Krebsbach had requested a timeline of when the project started, how long the trail is, and an estimate on the cost per foot of that trail and some of the complications with it. Assistant Engineer Ruzek replied that Sibley Memorial Trail was being constructed roughly fiom Lilydale Road to just west of Wachtler Avenue. The trail is approximately 2,100 feet long and the total project costs were estimated at $260,000 after all of the restoration is complete, equating to approximately $120 per linear foot — which is at least twice the cost of a normal trail restoration. It is hoped that the trail would be substantially completed by June 17, 2015. Councilmember Duggan reiterated his discomfort at the City having to pay the complete cost of lowering the water main when St. Paul Regional Water Authority originally installed it incorrectly. He requested that staff pursue this further with SPRWA. City Attorney Tom Lehmann replied that he would look into any recourse available. Councilmember Duggan moved to approve the Claims List subject to the City of Mendota Heights pursuing St. Paul Regional Water Authority for potential reimbursement. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Ms. Rachel Quick, a Mendota Heights resident, encouraged the Council to explore a chicken ordinance. She shared photographs with the Council of children interacting with chickens. She also shared the results of research conducted showing which neighboring communities allow backyard chickens. Mr. John Solberg, South Area Manager for MuDOT, gave a brief update on the Trunk Highway 13 project. The project started approximately two weeks ago and they still expect the project to be completed by August 28. As of now, they have started working on the drainage infrastructure down on the west end (Mendota side). The trail will remain open with periodic closures. Updates are posted at littp://www.dot.state.nni.us/inetro/projects/hva13mendota. Councilmembers asked questions regarding how businesses along Highway 13 are being informed of road closures, gas/power line moves, and water shutoffs. June 16, 2015 Mendota Heights City Council Page 4 PRESENTATIONS A) SERGEANT SWEARING IN CEREMONY Chief of Police Michael Aschenbrener introduced Officer Robert Lambert who has been promoted to Sergeant. He gave a brief background on his education and experience. Officer Lambert read the Code of Ethics and Mayor Krebsbach presided over the swearing in ceremony. PUBLIC HEARING A) RESOLUTION 2015-40, CONDITIONAL USE PERMIT TO AMEND A FINAL PLANNED UNIT DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT, RYLAND HOMES PLANNING CASE 2015-17 Planner Nolan Wall explained that the applicant, Ryland Homes, has requested a Conditional Use Permit for amendments to the Final Planned Unit Development Plan, Final Plat, and Development Agreement. He shared an aerial image of the site and noted that the proposed amendments are required to create an additional outlot. Planner Wall showed the general area where the outlot is planned to be located. During grading of the site, a debris field was uncovered that encompassed the rear portion of approximately ten lots, all of which are abutting Resurrection Cemetery property. Ryland Homes is proposing to create an outlot to remove that area from the lots approved on the original plat. The debris consisted of concrete, asphalt, and miscellaneous trash, none of which was contaminated. The developer worked with the MPCA and Dakota County to coordinate clean up activities. The developer is proposing the outlot be owned and maintained by the homeowners association. The Mayor opened the public hearing for this item. Mark Sonstegard, representing Ryland Homes, was present to answer questions from the Council and to address the noise abatement standards and remediation efforts they are including in the construction of these townhomes. Councilmember Petschel moved to close the public hearing Councilmember Duggan seconded the motion Ayes: 5 Nays: 0 Councilmembers asked for a description of the homes being built. Councilmember Duggan moved to adopt RESOLUTION 2015-40 APPROVING A CONDITIONAL USE PERMIT TO AMEND A FINAL PLANNED UNIT DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 June 16, 2015 Mendota Heights City Council Page 5 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2015-39, SUPPORTING THE RIVER TO RIVER GREENWAY MASTER PLAN Planner Nolan Wall noted that Mr. John Mertens, Senior Planner from Dakota County, was in attendance to present information on the River to River Greenway Master Plan. Mr. Mertens gave a presentation that included a short overview of the plan, definition of a 'greenway,' the purpose of the master plan, and background on the planning process. Councilmembers asked questions regarding the crossing at Highway 110 and the Mendota -Lebanon alignment through Friendly Hills, specifically through Friendly Marsh. Discussion occurred regarding the fifth "Whereas" of the resolution appearing to be too final in its wording. Councilmember Duggan suggested that the phrase "and is subject to further discussion with the City" be added to the fifth Whereas paragraph. Planner Wall pointed out that this resolution only applies to the River -to -River Greenway — the trail north of Highway 110 — and does not include the trail located south of Highway 110, the Mendota -Lebanon section. City Attorney Tom Lehmann suggested the addition of a final paragraph be added to the resolution, "AND FURTHER BE IT RESOLVED, the City of Mendota Heights looks forward to further discussions and input regarding future planning pertaining to the River to River Greenway." This would create an understanding by the Council that this is not the final adoption of this plan going forward. Mr. Mertens agreed to this addition to the resolution. Councilmember Duggan moved to adopt RESOLUTION 2015-39 RESOLUTION SUPPORTING THE RIVER TO RIVER GREENWAY MASTER PLAN with the additional language as suggested by City Attorney Tom Lehmann. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Councilmember Povolny left the meeting at approximately 8:40 p.m. B) DISCUSSION OF WEBSITE REDESIGN Assistant to the City Administrator Tamara Schutta presented a recommendation for a website redesign. The current website was designed in 2009 using the GovOffice platform and best practices indicate that a web page should be redesigned every five years. Currently, the photographs and watermark on the site cannot be changed as it is part of a built-in template. Last fall, CivicPlus contacted the City's webmaster team and presented what they could do. Assistant to the Administrator Schutta shared images of other city websites that CivicPlus has created. The features include an FAQ page, news flashes, calendar, the ability to create forms through the document center, quick links, ePay, Notify Me, staff directory, community voice, community June 16, 2015 Mendota Heights City Council Page 6 connection, citizen request tracker, Facebook / Twitter setup, and RSS Feed setup. This new platform would create community engagement and provide a more flexible management web content. Ms. Schutta noted that the city can purchase through a cooperative purchasing agreement for items or services less than $50,000. This would allow the city to enter into a service agreement with CivicPlus through the GSA contract; meaning that the City does not have to go through an RFP process. Councilmembers asked questions regarding being able to use the Notify Me option to inform residents of when their water or other utilities would be shut off during street reconstruction project, the news flash feature, what would happen during an RFP process, if this was a budgeted item, staff availability for upkeep of the site, the hindrances of the current platform, research done by staff, and reasonableness of the price. Councilmember Duggan suggested that each Councilmember review another city's website that is hosted by CivicPlus and list the positives, negatives, and ideas of what would be important for us. Mayor Krebsbach suggested that if a Councilmember would like to take a look at other sites they do so. She suggested that staff to do some research on price comparisons and features of other vendors, and bring this information back to a future Council meeting. COMMUNITY ANNOUNCEMENTS Assistant to the Administrator Tamara Schutta made the following announcements: • The Traveling Parks Program had over 20 children at Marie Park on June 15 to play whiffle ball, t -ball and football. On June 17, the program will be at Kensington Park from 10:30 — 11:30 am and Wentworth Park from 12:30 —1:30 pm. • The Concert -in -the -Park on June 17 will include Jazz On The Prairie Big Band at Market Square. • Sign-up for the 8th Annual Citizens Academy. • Cliff Timm Memorial Fishing Derby is scheduled for Thursday, June 25. COUNCIL COMMENTS Mayor Krebsbach noted that the Mendota Heights Fire Department received an award for Volunteer Fire Department of the Year in the State of Minnesota. Councilmember Duggan moved authorization of placement of a banner saluting the Mendota Heights Fire Department for their great honor, the banner to be paid for from the City Council's budget. Councilmember Norton seconded the motion Ayes: 4 Nays: 0 Absent: I (Povolny) Councilmember Petschel visited the Pilot Knob site and the sheep were grazing, which was entertaining. However, she was sorry to report that there has been significant vandalism to the sacred stones, which needs to be addressed. June 16, 2015 Mendota Heights City Council Page 7 Councilmember Duggan noted that Recreation Program Coordinator Sloan Wallgren did a wonderful job organizing the Park Celebration. He requested staff find out what the three buildings are for at the off ramp from 35E north to Highway 13. They are not landscaped to our standards. Mayor Krebsbach expressed her appreciation for everyone's hard work in making the Parks Celebration and 5K Run/Walk such a great success. She also noted that there was a golf tournament this past weekend at the New Ulm Country Club and Mendota Heights residents competed well. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Povolny) Mayor Krebsbach adjourned the meeting at 8:56 p.m. Sandra Kreb ch Mayor A;rTE8T--.-) Lorri Smith City Clerk June 16, 2015 Mendota Heights City Council Page 8