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2016-11-15 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 15, 2016 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Approval of November 1, 2016 City Council Minutes b. Approve Resolution 2016-90 Canvassing Results of November 8, 2016 General Election c. Appoint of Part Time Clerk/Receptionist d. Approval of September 2016 Treasurer’s Report e. Approval of Claims List 6. Public Comments 7. Presentations a. Airport Presentation—Converging Runway Operations 8. Public Hearing - none 9. New and Unfinished Business a. Sump Pump Inspection Program b. Discussion of 2017 Clean Up Day Event 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 1, 2016 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. ROLL CALL The following members were present: Councilmembers Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION City Administrator Mark McNeill recommended that item 9a.RESOLUTION 2016-87 PROVIDING FOR THE ISSUANCE AND SALE OF $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A be addressed before the Planning Cases, and item 8d. RESOLUTION 2016-86 APPROVING COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE be tabled to a future Council meeting at the request of the applicant. Councilmember Duggan moved to adopt the revised agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 5. 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 c. Approve Resolution 2016-78 Defer Assessment at 599 Highway 110 for the Mendota Road Neighborhood Improvement Project and h. Warming House Hours of Operation. a. Approval of October 18, 2016 City Council Minutes b. Acknowledge October 25, 2016 Planning Commission Minutes c. Approve Resolution 2016-78 Defer Assessment at 599 Highway 110 for the Mendota Road Neighborhood Improvement Project page 2 d. Approve Resolution 2016-79 Order Preparation of Feasibility Report for Mendota Heights Rd Improvements e. Approve Resolution 2016-80 Order Preparation of Feasibility Report for Kensington Neighborhood Improvements f. Approve Resolution 2016-81 Accepting Work and Approving Final Payment for the Mendota Road Neighborhood Improvement Project (Project No. 201507) g. Approve Resolution 2016-82 Call for a Public Hearing on Right -of -Way Vacation between Block 4 and Block 7, TT Smiths Subdivision No. 4 h. Warming House Hours of Operation i. Approve Resolution 2016-89 Declaring Surplus Equipment — 2003 Ford Ranger j. Authorize Release of Reserve Car k. Approve Donation of Bikes l. Approval of Low Bid for City Hall Wireless Coverage Enhancements m. Approve the Hiring of a .5 FTE Clerk -Receptionist n. Approval of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM C) APPROVE RESOLUTION 2016-78 DEFER ASSESSMENT AT 599 HIGHWAY 110 FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENT PROJECT Councilmember Duggan noted that the resolution reads “1. That the assessment roll for said improvements be corrected to defer the making of an assessment at this time against the property of Sylvia Glewwe-Wentworth (Parcel No. 270250004022)” – the word ‘corrected’ should be ‘changed’. Councilmember Duggan moved to adopt RESOLUTION 2016-78 DEFER ASSESSMENT AT 599 HIGHWAY 110 FOR THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENT PROJECT as amended. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) WARMING HOUSE HOURS OF OPERATION Councilmember Duggan wished for residents to be aware that the warming house hours of operation are being changed from last year. The new hours are 4:00 p.m. to 9:00 p.m. on Monday through Friday; 10:00 a.m. to 9:00 p.m. on Saturdays; 12:00 noon to 6:00 p.m. on Sundays; and non-school days and holidays are 12:00 noon to 9:00 p.m. This information can also be found on the City’s website. Councilmember Duggan moved to accept the warming house hours of operation. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 page 3 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) PRESENTATION OF SHADOW BOX TO THE FAMILY OF GAROLD “JERRY” MURPHY Mayor Krebsbach explained that it was an honor to present the family of Garold “Jerry” Murphy with a shadow box for his role with the Mendota Heights Police Department. Chief Aschenbrener shared a brief background on Jerry’s time with the Mendota Heights Police Department, which began in August 1967 as a volunteer and ended with his passing in November 2015. Mayor Krebsbach announced the creation of the Garold “Jerry” Murphy Community Service Award to be awarded annually in April that coincides with the Volunteer Month. Information on the nomination process and deadline can be found on the City’s website. B) SWEARING IN OF NEW POLICE DEPARTMENT STAFF Mayor Krebsbach and Chief of Police Michael Aschenbrener presided over the swearing in of Community Service Officer Eric Hagelee, Police Officer Frank LaNasa, and Captain Kelly McCarthy. Each officer recited the Code of Conduct and took the Oath of Office. ITEMS FOR DISCUSSION RESOLUTION 2016-87 PROVIDING FOR THE ISSUANCE AND SALE OF $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A Mr. Jason Aarsvold of Ehlers and Associates explained that the action was to consider the awarding the sale of bonds in the amount of $1,020,000. The bonds were being issued to finance some of the City’s 2016 road reconstruction projects. Mr. Aarsvold reviewed the Sale Day Report, which summarized the bond sale results. Standard and Poors confirmed the City’s AAA rating and indicated in the report that they view the City as having a stable outlook. There were three bids received with United Bankers Bank being the lowest bidder at a true interest cost of 2.0174%. Councilmember Petschel moved to adopt Resolution 2016-87 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,020,000 GENERAL OBLIGATION BONDS, SERIES 2016A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 page 4 Mayor Krebsbach noted that the review is on the City’s website from bond counsel in terms of the stability of management, both the professional management and the elected management. There is also a complete review of the finances of the City, including Fiscal Disparities. PLANNING CASES A) RESOLUTION 2016-83 APPROVING VARIANCE AT 548 BUTLER AVENUE WEST Consulting Planner Phil Carlson, AICP explained that this application was for a variance at 548 Butler Avenue West to build a new garage. He shared an aerial image of the existing house and garage with the surrounding streets indicated. He then shared a graphic showing the location of the proposed garage, which would be roughly in the same area as the existing garage, but larger. He also explained that if the garage were to be built completely within the allowable setback area it would leave very little buildable area. To meet those setbacks, a garage the size of what the applicant is proposing would have to be pushed all of the way up the yard and almost abut the house itself. Planner Carlson showed photos of the house and existing garage, showing that the house sits higher than the existing driveway and garage. There is also some topography issues indicating that the property does drop off significantly to the west. If a garage were to be built in the area not requiring a variance, they would have to grade the slopes quite a bit in order to fit the garage in that area. The Planning Commission found that this variance request does meet the tests in the code required to allow a variance of this type. They recommended approval of this variance request. Councilmember Duggan asked for the proposed height of the new garage. Planner Carlson replied that information was not in the application; it is merely a request to replace the garage. When the building permit is applied for then the review of the dimensions and height would be taken into account. One of the conditions of approval is that it meets the City’s height limits. Councilmember Duggan asked if the new garage would be painted a similar color as the existing house. Planner Carlson was unable to answer that question. The applicant, Ms. Kathleen Casper, indicated that it would be white just like the house is. Councilmember Duggan challenged Findings of Fact #1b that reads, “The plight of the landowner is due to circumstances unique to the property not created by the landowner. . . ” by stating that the landowner is coming before the Council to request a new garage and a new driveway and that this first sentence is unnecessary and should be removed. Mayor Krebsbach requested feedback from City Attorney Tom Lehmann, as the City typically does not issue a variance if the landowners have caused the problem themselves. Attorney Lehmann replied that the language that is set forth in this is the law and so they would have to meet that requirement. This is why that language is used in pretty much all variance requests. Councilmember Petschel commented that it was her understanding, after listening to the Planning Commission, is that the topography of the lot, particularly the slope, creates a hardship for the owner in page 5 this case. Mayor Krebsbach also commented that this sentence in the resolution is well phrased and should remain. Councilmember Petschel commented that when getting into the established residential lots, this 10-foot setback rule fits the more rural lots in Mendota Heights. If they were to move the garage up to the house, they would lose all of their windows and doors in the back of the house. Councilmember Duggan moved to adopt RESOLUTION 2016-83 APPROVING A VARIANCE AT 548 BUTLER AVENUE WEST. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2016-84 APPROVING CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD Consulting Planner Phil Carlson, AICP explained that this application is a request for a Conditional Use Permit for a solar energy system array in the side and rear yards of the Minnesota Knits facility. These types of systems are allowed by Conditional Use Permits. The property is located on Northland Drive and Mendota Heights Road and backs up to Highway 13 (Sibley Memorial Highway) in the Mendota Heights Industrial Park. Planner Carlson shared images of the subject property and indicated where they are proposing to install the solar energy system. The information in the packet materials points out the size of the system and indicates that the total size meets the intent of the code for solar systems. The array would be 60 kilowatts total, would be mounted in the ground, have a maximum height of nine feet, would be fifteen feet from all property lines, and thirty feet from neighboring dwellings. One of the things that were discussed in the Planning Report had to do with an ambiguity in the current code. In one place it reads that solar arrays are limited to the rear yard and in another place it describes the area allowed as 25% of the side or rear yards. Planner Carlson believes this to be an unintended ambiguity and would interpret it in favor of the applicant. On a side note, Planner Carlson recommended that this section of the code be reviewed and made consistent. The Planning Commission recommended conditions of approval; the applicant construct a fence or other form of visual screening along the south and west sides of the property, that trees are removed properly and in accordance with City standards, that the applicant provide property utility connections and safety documentation, and that the applicant applies for all additional required permits including a building permit. The Planning Commission then recommended approval of this request with conditions. Councilmember Duggan noted that when the Council was contemplating these solar panels the majority of the direction given was on roof-mounted systems as opposed to side yard and stand-alone systems. He asked, regarding Condition 1, what the opacity of that fence would be. Planner Carlson replied that the opacity was not stipulated but that a statement could be added that it be consistent with City standards. page 6 Mayor Krebsbach asked if they decided to install a landscape buffer if he would be the person who would specify what would be an appropriate landscape buffer. Planner Carlson replied that they would leave it to the applicant to make that proposal but they would then review it. Mr. Rich Ragatz from Ideal Energies stated that there are evergreens along Northland Drive that are a natural buffer for this. They are looking to install a fence more for security than for screening. The addition of trees could cause shading of the panels, which would not work out well. Councilmember Duggan asked about the opacity of the fence. Mr. Ragatz replied that they have not figured that out yet but it would not be a solid fence. Councilmember Duggan moved to adopt RESOLUTION 2016-84 APPROVING A CONDITIONAL USE PERMIT AT 1450 MENDOTA HEIGHTS ROAD. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel made a recommendation to staff that they clear up the language in the code on side yard and/or rear yard. C) RESOLUTION 2016-85 APPROVING CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY Consulting Planner Phil Carlson explained that this application was for a Critical Area and Conditional Use Permit, which are required in the critical area for cutting trees and any kind of disturbance of the ground. He shared images of the subject property and explained that they are requesting to remove some trees and underbrush. This property was also the subject of a lot split a couple of years ago so there is a second lot that has been created in the north part of the property. Planner Carlson shared an image showing the future home site building pad, the proposed tree/brush removal area, an existing bare ground area, and the location of the existing home. The Planning Commission held a public hearing on this request and received comments about work that had been done previously to the property and not related to this application. However, these concerns raised by the neighbors were about the hours of operation of heavy equipment as work done previously occurred late into the evening and caused noise and light disturbances. Mayor Krebsbach asked if a grading permit had been received for this previous work. Planner Carlson replied that there is no record of a grading permit being requested or granted. However there is a record of correspondence between Planner Wall and some of the neighbors with requests of that. Again, it is communication after the fact. Planner Carlson noted that there were two issues that the Council may want to deal with: page 7 1. The request for the critical area permit and conditional use permit for the removal of trees and underbrush – recommended for approval by the Planning Commission with conditions 2. Having staff consult with the City Attorney to see what might be done about the previous work after-the-fact – looking at work that has already been done on the property Upon the request of Mayor Krebsbach, Planner Carlson stated the Council could work with the City Attorney and request the applicant come in with an after-the-fact permit request so the Council could see what was done and if there is a case to be made for re-establishment of growth; or at least some erosion sedimentation control. There could be a citation issued, in which case it would become a matter that the City Attorney might take up. Mayor Krebsbach asked why the Council would approve the removal of more trees right now. Planner Carlson replied that staff is honoring the request that was made according to code. Applicant Mr. Jerry Trooien, 1010 Sibley Memorial Highway, came forward and stated that this site has hardly any good trees on it, other than the spruce trees they planted. They received approval for a lot split; now they need to be able to get into the lot. They are in the position where they need to either build on the lot or sell it. The trees they are requesting to remove are not good trees; they are dead or dying. He also commented that they have done a fair amount of landscaping work already and would like to put in more, as well as sod. Mayor Krebsbach asked City Attorney Tom Lehmann what he would recommend at this point regarding this property. Attorney Lehmann replied that there have been issues with people not following through with regards to obtaining permits in this area; which is one of the concerns that were raised by neighbors. There are issues that would be applicable to both areas in the sense of erosion control, what trees would need to be replanted. He believes it would make more sense to sit down with Mr. Trooien or his attorney and come up with a response that would meet both of these areas. In trying to be responsive and trying to get this done as expeditiously as possible, it would make sense to table this request, have the applicant and his attorney meet with the City Attorney, Planner Carlson, and Public Works Director Ryan Ruzek and come up with a plan to address all of the area. This could then come back to the Council at a future meeting. Councilmember Duggan moved to table RESOLUTION 2016-85 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT AT 1010 SIBLEY MEMORIAL HIGHWAY Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan voiced his concern with the fact that, in reading the critical area ordinance, a person can only have staggered removal of material on bluff areas. He would like to know what the size of the bare area is. In light of the heavy rains this last summer, he would like to know the likelihood that this could wash down to Highway 13. Mr. Trooien replied that there is no likelihood of that happening. page 8 Councilmember Duggan explained that the ordinances have been established for the critical areas for a reason. Residents have to maintain the properties to the standards. Mr. Trooien explained that he is improving the lot. Councilmember Duggan replied that because they did not go through the proper steps the City has no way of knowing that. Councilmember Norton stated that a comprehensive plan needs to be created, a step by step understanding of what is going to occur; to get to the best point possible with what is available to make sure Mr. Trooien is complying with the ordinances, laws, etc. and that the City is doing what they need to do to make sure that he is doing that. Mayor Krebsbach asked for confirmation that Attorney Lehmann understood what was being asked of him. He replied that he did understand and that he would wait for Mr. Trooien’s attorney to contact him to schedule a meeting and that he and staff would work expeditiously to get this taken care of. Councilmember Duggan reiterated that those who violate the rules and regulations by going forward without permits should experience some financial results with the City; and that could occur for Mr. Trooien. Mr. Ken Herrmann, 995 Caren Court, noted that work was done until almost midnight. There were confrontations between other neighbors and Mr. Trooien regarding the timing. He asked for clarification of the building pad size for a house on the lot. Mr. Herrmann asked if there was an image available showing the entire 1.4-acre lot. Planner Carlson shared an image of the new 1.4-acre lot. Mr. Daren Carlson, 992 Caren Court, shared a spatial view of the area impacted by the work done during the summer and fall of 2015 that he pulled from Minnesota Geospatial Commons. He shared another spatial view from 2014 and noted that there was more than minimal removal of trees and underbrush. Councilmember Petschel requested that he leave the images with the City. D) RESOLUTION 2016-86 APPROVING COMPREHENSIVE PLAN AMENDMENT AND REZONING AT 1787 LEXINGTON AVENUE This item was tabled at the request of the applicant. NEW AND UNFINISHED BUSINESS B) RESOLUTION 2016-88 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT NO. 201615) Public Works Director Ryan Ruzek explained that in 1973 the City of Mendota Heights connected to an old metal pipe that was owned by the Minnesota Department of Transportation (MnDOT) underneath the 35E and Marie Avenue overpass. This pipe has since deteriorated where it has caused a sinkhole in the trail on the north side of Marie Avenue. MnDOT has done some research and determined that the 15-inch pipe cannot handle the state’s water and the city’s water and is requiring the City to separate their stormwater connection from their system. page 9 Staff has developed a plan and obtained bids, with the low bidder being Didion Contracting Inc. at $70,419.50. Staff would be abandoning a 16-foot section of the pipe and would be constructing a new manhole, two new catch basin structures, and an outlet into the MnDOT ditch, where then a larger diameter concrete pipe that MnDOT does maintain would pick up the water. Staff is looking to begin this project possibly later this week and hoping for a quick completion of the project. Mayor Krebsbach took this opportunity to address concerns raised by the residents that the City’s infrastructure is in trouble by requesting Mr. Ruzek to speak to it. Mr. Ruzek replied that the deteriorated pipe is owned by MnDOT; staff tries to keep on top of the infrastructure so every five years they televise and clean every sanitary sewer main line in the City. They have a street pavement index and they had a consultant assess every street and create a rating curve that staff will be using to streamline a capital improvement plan projecting some of the projects over the next five to ten years. The City has an extensive system of trails that staff maintains in conjunction with capital improvement projects or as other funds are available. Staff inspects 20% of the stormwater ponds each year. The City and staff are maintaining the infrastructure to the best of their abilities at this time. Staff tries to do as many maintenance projects that they can to prevent a major infrastructure breakdown from ever happening. Councilmember Duggan asked if MnDOT was interested in sharing any of the cost of this project. Mr. Ruzek replied that he did approach MnDOT on this but as far as funding sources, the City is proposing to fund this project through the City’s stormwater utility fund. MnDOT stated that they might be willing to pay up to 30% of the street repair. However, if they ever have to do improvements to the interstate the City may be on the hook for some of those. Therefore, he decided that instead of tying the City to any future possible expenses along the interstate that the City would take on this project on its own. Councilmember Duggan moved to adopt RESOLUTION 2016-88 A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 35E & MARIE AVENUE STORM SEWER IMPROVEMENTS (PROJECT #201615). Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel asked if the City had done another large project in that same area relatively recently. Mr. Ruzek replied in the affirmative. This project is on the northwest quadrant of the 35E and Marie Avenue; in 2013 the City installed this system on the northeast quadrant of 35E and Marie Avenue. MnDOT did pay 30% of that project. C) APPROVE THE REVISED 6TH AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT WITH MENDOTA MALL ASSOCIATES – OUTLOTS, LLP City Administrator Mark McNeill explained that the Council is being asked to approve the 6th Amendment to the Planned Unit Development Agreement by and between the Mendota Mall page 10 Associates-Outlots, LLP and the City of Mendota Heights, Minnesota. This is for a 139 unit residential apartment and a commercial development of approximately 12,000 square feet. Staff spoke to MnDOT regarding the level of service C or level of service D measure of traffic flow on Dodd Road and staff provided a chart that they use for it. Either is an acceptable level of service. Staff also spoke with MnDOT about the possibility of doing some pre-work for a possible right lane going outbound of the development onto Trunk Highway 110; they were told firmly that is not something they would consider in the future. The only changes to the agreement from the last meeting were those in paragraph 14; Section 4.11 Traffic Improvements, including South and North Plaza Drive/Dodd Road (TH 149) Intersection, which clarifies that the noted Section refers to the original 2009 Development Agreement. It also includes clarification that if traffic conditions falls to an overall Level Service F at either North or South Plaza Drive as a direct result of this development it would be up to the developer to pick up the City share of the improvements. Mr. John Kohler from Paster Properties gave a brief overview and background on the project. Councilmember Duggan asked if there was any way to add weight or size restrictions on the right in from Highway 110 to get into the center. Mr. Kohler replied that there are no size restrictions; however the actual lane is clear with striping on either side to keep cars within that lane but it also allows the rear tandem tires of trucks, which do not necessarily follow the front tires, it allows room for that. Councilmember Duggan asked if the building of the bridge over the creek would be for pedestrians and bicycles only or would it also be for cars. Mr. Kohler replied that there would be a vehicle access and adjacent to that there would be a sidewalk and walking area that connects. Councilmember Duggan raised his concerns, as expressed at the last meeting, about the Level of Service C or Level of Service D and noted that the agreement now says something about a Level of Service F. Mr. Kohler replied that the agreement stated that if the Level of Service were to reach F, then they would be responsible to make remedies to raise it to a Level of Service D. Councilmember Duggan stated he was uncomfortable with the Level of Service D, as opposed to the Level of Service C in the 2009 agreement. In response, Mr. Kohler noted that when going through the Levels of Service there are ranges; so he thinks that what the traffic engineer was getting at was you could be at the bottom of a Level of Service C and be one car different than the highest level in a D. So when they say that the difference is very minimal, that is what they are referring to. A Level of Service D is still a very acceptable level of traffic for MnDOT and the County. If it hits an F, then they have to improve it – if it is caused by this development. Mayor Krebsbach recapped by stating that if the Level of Service reaches an F as a direct result of this development, then Paster Properties must pay for the remedy necessary to reach a Level of Service D. Councilmember Petschel moved to approve the revised 6th Amendment to the Planned Unit Development Agreement dated April 30, 2009, by and between the Mendota Mall Associates--Outlots, LLP, and the City of Mendota Heights, Minnesota. Councilmember Povolny seconded the motion. page 11 Councilmember Duggan, referencing paragraph 8c that reads, “The owner, commercial tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which identified on the approved site or landscape plan (as part of the Plans) and which have died shall be replaced as soon as seasonal or weather conditions allow”, noted that the word, “which” after ground cover, is unnecessary. Councilmember Petschel suggested the addition of the word “are” after which. Mayor Krebsbach suggested that it be left as is, which everyone agreed to. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • The Fireman’s Dance is scheduled for November 11, 2016 at the Mall of America Hilton. • Thanks to everyone who made the bonfire a success and thanks to Paster Properties for donating the site. • Residents wishing to absentee vote can come to City Hall and they will be able to insert their ballot into the tabulator machine. • The construction seen on the south side of City Hall is to install exterior drainage system for the building. Access to the upper level lobby should be open through Election Day. However, there will be some time when residents will need to access the building through the Police lobby. • City Hall will be closed on November 11, 2016 for Veterans Day. • Par 3 is remaining open as weather permits COUNCIL COMMENTS Councilmember Norton congratulated the St. Thomas Academy soccer team for going to play in the State championship on Thursday morning against Northfield. He also noted that Council received an email from someone who works at Living Well Disability Services and they are relocating from Eagan to Mendota Heights. He then read the email aloud. Councilmember Petschel stated that a pelican appeared in the lake in the Lily property of the Dodge Nature Center and appeared to be injured. Animal rescue came in and will be taking it into treatment before it can be released back into the wild. She also reminded residents that at the next City Council Meeting on November 15, 2016 they would have the Metropolitan Airport Commission staff and the FAA, who currently run the airport tower, at the meeting to discuss the very challenging issue of converting runway operations at the airport and how it is currently affecting the City of Mendota Heights. Councilmember Povolny shared that he had a great time at the bonfire. page 12 Councilmember Duggan noted that trick-or-treaters were down from 66 to 48, which was a surprise. He expressed thanks to staff with all of the extra duties they are performing for the election. No parking from 2:00 am to 6:00 am until the 31st of March in relation to snowplowing. Thanks to everyone who are raking up their leaves and keeping them in their yards as opposed to in the street. Mayor Krebsbach noted that she received questions from residents about fire pits. She stated that they are permitted; however there should be no burning of landscaping and construction debris. The Recreation Fire Rules can be found on the City’s website. Mayor Krebsbach noted there were over 40 kids during the MEA break that went horseback riding at Andover. She stated that the happiest leaf blowers are the millennials. She would bet that 5% of the houses are now being occupied by millennials. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:56 p.m. ____________________________________ Sandra Krebsbach Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 13 DATE: November 15, 2016 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Canvass Election Results COMMENT: INTRODUCTION The Council is asked to certify the results from the November 8, 2016 City Election. BACKGROUND Minnesota Statute 205.185 Subd. 3 requires the governing body of a city to certify its election results between the third and tenth day after an election. The abstract showing the results for the Mayor and City Council races is attached. RECOMMENDATION Approve Resolution 2016-90 Resolution Canvassing Returns of the November 8, 2016 General Election. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-90 A RESOLUTION CANVASSING RETURNS OF THE NOVEMBER 8, 2016 GENERAL ELECTION WHEREAS, the General Election was held on November 8, 2016, for the Office of Mayor and for two seats for the Office of Council Member; and WHEREAS, the City Council acts as the Election Canvassing Board in order to canvass the results of the 2016 General Election; and WHEREAS, on this 15th day of November, 2016, the City Council has met to canvass said election results. The votes tabulated at said election were: Mayor (Elect One) Sandra Krebsbach 3,338 Neil Garlock Randy Pentel 3,394 570 Write Ins 26 City Council (Elect Two) Joel Paper Jay Miller Mike Povolny 3,166 2,741 2,271 Steve Norton 1,821 Jeff Parker Write Ins 1,562 78 NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the following persons are hereby declared to have been elected and qualify for the office of Mayor and City Council Members in the General Election of November 8, 2018 as follows: Mayor (2-year term) Neil Garlock City Council (Each a 4-year term) Joel Paper Jay Miller Adopted by the City Council of Mendota Heights this 15th day of November 2016. Mendota Heights City Council ______________________________ Sandra Krebsbach, Mayor ATTEST: ___________________________ Lorri Smith, City Clerk Abstract of Votes Cast In the Precincts of the City of Mendota Heights State of Minnesota at the STATE GENERAL ELECTION Held Tuesday, November 8, 2016 as compiled from the official returns. Summary of Totals City of Mendota Heights Tuesday, November 8, 2016 STATE GENERAL ELECTION Number of persons registered as of 7 a.m. 8643 Number of persons registered on Election Day 548 Number of accepted regular, military, and overseas absentee ballots and mail ballots 2923 Number of federal office only absentee ballots 16 Number of presidential absentee ballots 0 Total number of persons voting 8013 Summary of Totals City of Mendota Heights Tuesday, November 8, 2016 STATE GENERAL ELECTION KEY TO PARTY ABBREVIATIONS NP - Nonpartisan Mayor (Mendota Heights) NP Neil Garlock 3394 NP Sandra Krebsbach 3338 NP Randy Pentel 570 WI WRITE-IN** 26 Council Member (Mendota Heights) (Elect 2) NP Jay Miller 2741 NP Steve Norton 1821 NP Mike J Povolny 2271 NP Joel Paper 3166 NP Jeff Parker 1562 WI WRITE-IN** 78 Detail of Election Results City of Mendota Heights Tuesday, November 8, 2016 STATE GENERAL ELECTION Precinct Persons Registered as of 7 A.M. Persons Registered on Election Day Total Number of Persons Voting 19 3410 : MENDOTA HTS P-1 1946 107 1815 19 3420 : MENDOTA HTS P-2 1772 109 1628 19 3430 : MENDOTA HTS P-3 1898 104 1755 19 3440 : MENDOTA HTS P-4 1332 113 1255 19 3450 : MENDOTA HTS P-5 1695 115 1560 City of Mendota Heights Total: 8643 548 8013 Detail of Election Results City of Mendota Heights Tuesday, November 8, 2016 STATE GENERAL ELECTION Office Title: Mayor (Mendota Heights) Precinct NP Neil Garlock NP Sandra Krebsbach NP Randy Pentel WI WRITE-IN** 19 3410 : MENDOTA HTS P-1 873 712 72 3 19 3420 : MENDOTA HTS P-2 676 671 145 5 19 3430 : MENDOTA HTS P-3 701 797 124 6 19 3440 : MENDOTA HTS P-4 517 514 98 6 19 3450 : MENDOTA HTS P-5 627 644 131 6 Total: 3394 3338 570 26 Office Title: Council Member (Mendota Heights) (Elect 2) Precinct NP Jay Miller NP Steve Norton NP Mike J Povolny NP Joel Paper NP Jeff Parker 19 3410 : MENDOTA HTS P-1 582 352 474 801 364 19 3420 : MENDOTA HTS P-2 496 441 493 613 291 19 3430 : MENDOTA HTS P-3 565 418 597 769 278 19 3440 : MENDOTA HTS P-4 473 268 326 422 315 19 3450 : MENDOTA HTS P-5 625 342 381 561 314 Total: 2741 1821 2271 3166 1562 Precinct WI WRITE-IN** 19 3410 : MENDOTA HTS P-1 11 19 3420 : MENDOTA HTS P-2 20 19 3430 : MENDOTA HTS P-3 12 19 3440 : MENDOTA HTS P-4 22 19 3450 : MENDOTA HTS P-5 13 Total: 78 We, the legally constituted county canvassing board, certify that we have herein specified the names of the persons receiving votes and the number of votes received by each office voted on, and have specified the number of votes for and against each question voted on, at the STATE GENERAL ELECTION held on Tuesday, November 8, 2016 As appears by the returns of the election precincts voting in this election, duly returned to, filed, opened, and canvassed, and now remaining on file in the office of the City of Mendota Heights Clerk. Witness our official signature at ________________________________ in _________________________ County this _____________ day of ______________, 2016. ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board ____________________________________________________________________________ Member of canvassing board State of Minnesota City of Mendota Heights I, __________________________________________________, Clerk of the City of Mendota Heights do hereby certify the within and foregoing __________________ pages to be a full and correct copy of the original abstract and return of the votes cast in the City of Mendota Heights STATE GENERAL ELECTION held on Tuesday, November 8, 2016. Witness my hand and official seal of office this ________ day of ________________, 2016. ______________________________________________ DATE: November 15, 2916 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Clerk/Receptionist Position COMMENT: INTRODUCTION The Council is asked to accept the resignation of William Nelson from the shared clerk/receptionist position, and authorize the filling of the vacancy by Mac Leydon. BACKGROUND The Council recently authorized the change in status of the clerk/receptionist position to go from full time, to a shared position. That meant two people, each working 20 hours per week. The Council authorized the hiring of William Nelson as one of the part time positions at its meeting of November 1st. However, the same day that he started working for the City, he was offered a full-time job that better fit his needs. He notified us of his decision to leave the City’s employment on November 8th. Staff subsequently contacted the next candidate, Mac Leydon, and offered him the position conditioned upon the successful completion of a background check. He has accepted the position. BUDGET IMPACT Mr. Leydon would start the position at Step B of Grade 10 ($21.61 per hour), which is the same rate of pay which had been offered the other candidate. If approved by Council, he would start as soon as possible, pending the completion of the background check, and the provision of notice to his current employer. RECOMMENDATION The Council should accept the resignation of William Nelson, and authorize the hire of Mac Leyden, conditioned upon successful completion of a background check. Mark McNeill, City Administrator page 16 page 17 page 18 page 19 page 20 page 21 page 22 page 23 page 24 page 25 page 26 page 27 page 28 page 29 DATE: November 15, 2016 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Airport Presentation—Converging Runway Operations COMMENT: INTRODUCTION At its meeting of November 15th, the City Council will hear a presentation by staff from the Federal Aviation Administration and Metropolitan Airports Commission, regarding Converging Runway Operations (CRO). BACKGROUND The City Council will hear presentation from Dana Nelson, MSP’s Manager of Noise, Environment, and Planning, and Elaine Buckner of the Federal Aviation Administration about Converging Runway Operations, and its impact on MSP. Runway 35 is impacted. A summary background memorandum describing the situation is attached. The Mendota Heights Airport Relations Commission has also been invited to attend the presentation. Their November meeting will be held at 6:00 PM to precede the City Council meeting. RECOMMENDATION This presentation is informational only. No action is required. _______________________ Mark McNeill City Administrator page 30 page 31 page 32 page 33 REQUEST FOR COUNCIL ACTION DATE: November 15, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E. – Public Works Director SUBJECT: Sump Pump Inspection Program COMMENT: INTRODUCTION On June 7, 2016, City Council adopted an Ordinance that would establish a sump pump inspection program city-wide. The following information will implement that program. BACKGROUND Both State Plumbing Code and Mendota Heights Municipal Code prohibit the discharge of sump pumps to the sanitary sewer system. Minnesota Plumbing Code 4715.2700 Storm water shall not be drained into sewers intended for sanitary sewage only. Mendota Heights City Code 10-3-5B Surface Waters: It shall be unlawful to discharge or cause to be discharged into the municipal sewer system, either directly or indirectly, any roof, storm, surface or ground water of any type or kind, or water discharged from any air conditioning unit or system. (1981 Code 803 § 4) For the past 20 months the City has been promoting the disconnection of sump pumps from the sanitary sewer system in order to comply with these code provisions. The City of Mendota Heights pays Metropolitan Council Environmental Services (MCES) a fee for sanitary sewer treatment that is bases on the total flow contribution to the MCES system. In 2014, the City’s total annual flow increased by ~60 million gallons (12.3%)*, resulting in an increase in annual fee by 9.83%. In addition to the rate increase, MCES also initially proposed a surcharge fee of $99,600 per year for the years 2015-2018 for increasing flow over 10% in one year. Staff was able to convince MCES to remove this fee due to our ongoing sanitary sewer cleaning, televising, and lining program along with our manhole casting sealing program. It is widely believed that the sudden and dramatic increase in flow was due to the extremely wet spring experienced from March to July of 2014. A large quantity of snow from the preceding winter melted followed by several large rain storms. The season culminated with 4.8 inches of rain that fell between 12:30am and 1:00pm on June 19, 2014. Wet weather impacts the sanitary sewer system by means of Inflow and Infiltration (I/I). I/I can come from cracks in sewer pipes, broken pipe joints, tree root penetrations, or manholes; but the most prevalent possible sources for sudden increases in flow are illegal discharges to the sanitary sewer system. The most page 34 common of these discharges are basement sump pumps. Both MCES and the American Public Works Association (APWA) have published figures stating 60%-70% of sudden increases in flow volume are likely due to sump pumps connected to the sanitary sewer system. Based on some logical assumptions about sump pump behavior from the past spring, staff has calculated that ~39 million gallons of the ~60 million gallons* in increased flow (65%) is likely due to sump pumps. In order to minimize or eliminate these discharges, a policy would need to be developed and implemented, including public communications, and inspections. Eliminating, or greatly reducing the contribution to the sanitary sewer system from sump pumps would allow for a more predictable total sewer flow projection and make the budget process for the sanitary sewer utility fund more stable. It would also greatly reduce the risk of future severe flow increases and avoid future penalty surcharges. DISCUSSION Utilizing our recently created consultant pool, staff has asked for a quote from Foth Infrastructure & Environment, LLC (Foth). Foth has extensive experience with programs like this one, and has provide this or similar services to cities across the Metro area. The attached Delivery Order quote was supplied by Foth for Council consideration. If approved, Foth would begin residential property inspections in December of 2016. Foth estimates that the ~2,000 homes would be inspected and either made complaint or charged a surcharge on their Sanitary Sewer bill (per Ordinance) by summer of 2017. BUDGET IMPACT Staff estimated this program would cost $180,000 - $220,000 to implement. Not making two years of I/I surcharge payments to MCES would make up for the program cost. Foth is proposing to implement this program for the not-to-exceed price of $217,580.00. Staff proposes utilizing a portion of the ~$1.6 million balance in the City’s Water Fund to fund the consultant services in order to complete the program. I/I contributions to the sanitary sewer system have a direct impact on the amount charged to the City by MCES. Consequently, I/I contributions directly impact what the City needs to charge residents and businesses for sanitary sewer service to keep the utility fund operable and stable. Eliminating non-sewage contributions to the sanitary sewer system can provide a much more stable and predictable cost of utility operations. RECOMMENDATION Staff recommends Council approve consultant pool Delivery Order 001 to Foth Infrastructure & Environmental, LLC in the not-to-exceed amount of $217,580, and further provide Foth with Notice-to-Proceed with the project. ACTION REQUIRED If Council wishes to enact the staff recommendation, pass a motion to approve consultant pool Delivery Order 001 to Foth Infrastructure & Environmental, LLC in the not-to-exceed amount of $217,580, and further provide Foth with Notice-to-Proceed with the project. This action requires a simple majority vote. page 35 X:\MS\IE\Proposal\Mendota Heights, MN (City of)\Sump Pump Inspection Program 8-2016\LP- Sump Pump Inspections.docx Eagle Point II 8550 Hudson Blvd. North, Suite 105 Lake Elmo, MN 55042 (651) 288-8550 · Fax: (651) 288-8551 www.foth.com August 18, 2016 Mr. John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: Delivery Order 001 – Sump Pump Compliance Inspection Program Dear John: Thank you for inviting Foth Infrastructure & Environment, LLC (Foth) to submit a proposal to implement and manage a sump pump inspection program for the City of Mendota Heights. Following is a description of our understanding of the project, the approach to complete the work, the anticipated schedule and a cost proposal to perform the work. Statement of Understanding The City of Mendota Heights experienced a large increase in wastewater flows in the spring of 2014. Analysis indicted that a large percentage of this increase was likely due to sump pump discharges to the sanitary sewer system. City Council approved a sump pump education plan in 2015 to provide residents information about sump pumps and their impact on sanitary sewer flows if they discharged to the sanitary system. City Council approved an ordinance in the spring of 2016 that requires inspection and necessary corrective actions to ensure compliant installation and operation of sump pumps in the city. City staff has identified neighborhoods most likely to have non-compliant sump pumps. These areas have known groundwater issues; as well as construction pre-dating the current sump pump requirements of the state plumbing code. Approximately 2000 residences meet these criteria and have been identified by City Staff as the initial focus of the sump pump compliance inspection program. Project Approach / Scope of Services The City will provide Foth a list of neighborhoods to be inspected and a City Street map. All other services for the sump pump program will be provided by Foth. A team of four to six (4-6) Foth staff will be required for the project. page 36 John Mazzitello City of Mendota Heights August 18, 2016 Page 2 Bill Johnson will be the Project Manager and will be the point of contact for communication with the city. Roni Oman will provide administration services including development of the project data base, inspection tracking and progress reports. A team of two to four (2-4) field inspectors will conduct the sump pump inspections. Foth’s proposed services have been divided into the following tasks: Task 1 – Project Management and Administration ¨ Conduct sump pump inspection training for inspectors. ¨ Provide City staff with bi-weekly progress updates. ¨ Attend City Council meetings when requested. ¨ Submit summary report at conclusion of project. ¨ Provide project management and administrative services. Task 2 – Planning and Coordination ¨ Develop data base to plan and track inspections. ¨ Develop mailing lists and send inspection notices to property owners. Maximum of two (2) notices per City Ordinance. ¨ Schedule inspection appointments with property owners. Maximum of two (2) attempts per City Ordinance. ¨ Update data base with inspection results ¨ Send notices to property owners stating compliance with the sump pump ordinance or notification that repairs will be required. Task 3 – Inspection Services ¨ Conduct initial inspections of each property noting one of the following assessments: Compliant Non-compliant – repair order given Non-responsive Refused inspection ¨ Conduct follow-up inspections to assess compliance once repair work is complete. Schedule Inspection is anticipated to commence in October 2016. Inspector hours will be staggered to provide scheduling flexibility for each property owner. We anticipate that some evening and weekend inspections will be required to provide this flexibility. Inspections will slow down over the winter months due to the difficulties presented by cold weather, the Holiday season and long winter vacations taken by many of the residents. Full- time inspections will start again in spring 2017 and continue until completion, anticipated in summer 2017. page 37 John Mazzitello City of Mendota Heights August 18, 2016 Page 3 Cost Proposal Foth will implement the sump pump inspection program and provide the services identified in the Scope of Services. Services will be provided in accordance with the “Master Agreement for Professional Engineering Services,” the “Supplemental Agreement for Professional Engineering Services” and the fee schedule with the Foth Master Agreement proposal. A cost estimate for the sump pump inspection program has been prepared using an average of one (1) inspector hour per property. This estimate is based on results for sump pump inspections in other communities. The average time includes the initial inspection attempt and up to one more additional attempt to conduct the inspection. Results are highly dependent on the cooperation of residents. The Foth cost should be considered an estimate of the time it will take to complete the 2000 inspections. We will keep the City informed of our inspection progress. Foth will suspend work before surpassing the Not to Exceed amount if it appears that the budget will be exhausted prior to completing all of the 2000 inspections. The cost estimate contains a budget for expenses. Major expenses for the project include two to three (2-3) mailings for each of the 2000 property owners, mileage for the field inspections and the purchase of supplies including cell phone service and electronic inspection devices. Documentation of these costs will be provided to the City. A spreadsheet with an estimate to provide the sump pump inspection services is attached. The total cost estimate for the described work and assumed schedule is $217,580. It is understood that this is a Not to Exceed amount. Agreement to Proceed It is understood that services provided under the Master Agreement for Professional Services will be authorized in the form of a written Work Order issued by the City of Mendota Heights. Foth will not proceed with any work until direction has been provided by the City. If you have questions regarding our proposal, please contact Bill at 651-288-8604 or bill.johnson@foth.com. Sincerely, Foth Infrastructure & Environment, LLC Bill Johnson, P.E. Karen Erickson , P.E. Senior Technology Manager Senior Resource Manager Attachment: Cost Estimate page 38 Cost Estimate for Engineering ServicesProject Name:Sump Pump InspectionsClient:City of Mendota HeightsProject Number:Prepared Date:8/17/2016Estimate By:WJJPM AdminField Technician 1Bill JohnsonRoni OmanInspectors$179 $60 $69Oct 2016 July 2017Task 1Project Administration20 600 620 $39,580 $0 $39,580Task 2Sump Pump Inspections2,000 2,000 $138,000$0 $138,000Task 3Expenses (mailings, mileage, support equipment)0 $0 $40,000 $40,000Subtotal Hours20 600 2,000 2,620Subtotal Dollars$3,580 $36,000 $138,000$177,580 $40,000 $217,580Total Hours20 600 2,000 2,620Total Cost$3,580 $36,000 $138,000$177,580 $40,000 $217,580.00ExpensesTotal Labor, Subcontractor, and ExpensesDiscipline/Task DescriptionScheduleStart EndSubtotal Labor HoursSubtotal Labor CostProject TeamExpenses8/18/2016X:\MS\IE\Proposal\Mendota Heights, MN (City of)\Sump Pump Inspection Program 8-2016\Sump Pump Inspection Cost Estimate.xlsxPage 1 of 1page 39 REQUEST FOR COUNCIL ACTION DATE: November 15, 2016 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: 2017 Clean Up Day COMMENT: INTRODUCTION The Council is asked to authorize staff to seek proposals for an entirely vendor-provided 2017 Clean up day. BACKGROUND One of the items discussed in the FY 17 Budget workshops was how the City will provide for Spring Clean-up Day. For many years, Mendota Heights has held an annual clean-up day, where residents can bring acceptable materials to a central location for recycling and disposal. In previous years, these events have been accomplished through the combined efforts of staff, volunteers, and contracted waste haulers. One major concern is the liability exposure that volunteers and staff are subjected to, should they be injured. Insurance coverage for injuries incurred during these events may be a problem. Staff has researched similar programs in surrounding communities and discovered that the cost of having the event staffed by licensed waste haulers may be comparable to the format currently used by the city, and without the liability. The staff time needed to organize this could also be reduced, as the selected contractor will be required to manage the fee collection, signage, clean up, etc. Staff would like to explore alternative which would have the garbage hauler provide all services—from arranging for the multiple recycling providers, to providing the staff needed to unload the residents’ mixed solid waste. This would be for a one year trial basis—for that reason we would seek out and negotiate possible vendors, rather than putting out a written RFP. Then, if the concept seems to work, we would have the experience to put together a formal RFP process in the future. It should be noted that not every garbage hauler will be able to respond—those with fleets of side-loading trucks (which are suited to picking up garbage carts with an automated “arm”) may not be able to handle large bulky items; those items are better suited for fleets with rear-loading packer trucks. page 40 Any decision to change the system will need to be made by early January, so that the “preferred” Saturday can be reserved—many cities do Spring clean-up days, and there are limited numbers of vendors. We will aim for the first Saturday in May, but the City may also need to consider a time period from mid-April to mid-May. BUDGET IMPACT Staff will review the proposed costs received through this process, and compare those costs to previous events. A summary of the proposals and a recommendation will be presented to council in early 2017. RECOMMENDATION Council should authorize staff to negotiate proposals for a revised 2017 Clean-up Day event. ACTION REQUIRED If Council concurs, it should approve a motion to direct staff to negotiate proposals for a vendor- provided 2017 Clean-up Day event. This action requires a simple majority vote. page 41