2016-10-18 Council minutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 18, 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. 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
Mayor Krebsbach presented the agenda for adoption. Councilmember Povolny moved adoption of the
agenda.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Norton moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items f) Approve
Appointment of a Community Service Officer and g) Approve Purchase of Handguns for the Police
Department.
a. Approve October 4, 2016 City Council Minutes
b. Approve 2017 Insurance Renewal and Election to Not Waive Statutory Tort Limits
c. Approve Resolution 2016-77 Final Payment, Acceptance of Victoria Road S Improvement Project
d. Approve Contract for City Hall Site Improvements — 1101 Victoria Curve
e. Award Professional Services Contract for the 2017 Mendota Heights Road and Kensington
Neighborhood Rehabilitation Project
f. Approve Appointment of a Community Service Officer
g. Approve Purchase of Handguns for the Police Department
h. Approve September 2016 Building Activity Report
i. Approve September 2016 Fire Synopsis Report
October 18, 2016 Mendota Heights City Council Page 1
j. Approve August 2016 Treasurer's Report
k. Approval of Claims List
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
F) APPROVE APPOINTMENT OF A COMMUNITY SERVICE OFFICER
Chief of Police Michael Aschenbrener provided an update on the appointment of a community service
officer. He explained that this is a new position for the department. Eric Hagelee has successfully
completed a background check, medical check, drug screening, and psychological exam. He will be
sworn in at the next City Council meeting.
Mayor Krebsbach noted that what makes this position different is that they can work towards the goal of
becoming a police officer.
G) APPROVE PURCHASE OF HANDGUNS FOR THE POLICE DEPARTMENT
Councilmember Duggan asked how often the existing guns have been fired. Chief of Police Michael
Aschenbrener replied that they shoot on an average of four times a year; officers qualify twice annually.
However, in the line of duty, officers have not shot at anyone in the last ten years.
Councilmember Duggan asked if there is a standard that every ten years the guns should be replaced.
Chief Aschenbrener answered that when this was brought to the Council originally in 2006 they were
informed that the guns would be placed on a ten-year replacement schedule. Chief Aschenbrener
confirmed that KEEPRS is the only authorized Glock Law Enforcement dealer in Minnesota.
At a future meeting, the Council will be asked to declare the old guns as excess property. They would
then be traded in through the Law Enforcement Program at KEEPRS. That trade in credit can be turned
in for ammunition for the guns.
Councilmember Petschel moved to appoint Eric Hagelee to the position of probationary Community
Service Officer, and to authorize the purchase of twenty-four new Glock pistols, weapon mounted lights,
duty holsters, magazine pouches and ammunition from KEEPRS.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
October 18, 2016 Mendota Heights City Council Page 2
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
A) RESOLUTION 2016-76 ADOPTING AND CONFIRMING ASSESSMENTS FOR THE
MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT 201507)
Public Works Director Ryan Ruzek explained that this project involved the reconstruction of Mendota
Road, which is the north frontage road of Highway 110, between Oak Street and Delaware Avenue.
There was also a rehabilitation project to Warrior Drive, High Ridge Circle, and Sibley Court. There
were traffic safety improvements to Warrior Drive, which included the construction of a median down
the centerline.
Favorable bids were received on the project and the estimate in the feasibility report was approximately
$1.7M, with the bid coming in at $1.452M. Assuming indirect costs of $363,000 brought the total
project costs to $1,815,833. The project is being funded through special assessments, bonding,
Minnesota State Aid [MSA] funds, and the utility fund for the storm sewer improvements.
According to the City's rehabilitation policy, 50% of the assessment cost would be to the benefiting
property owners. The City is paying 100% for the storm sewer, trail, and other pertinent work on the
project.
There are three different assessments on this project, including an area or block that was previously
assessed. In ordering the project, Council authorized the reduction of those assessments by $3,700.
Mr. Ruzek shared photographs of the improved areas and noted that staff has received many
compliments on the project.
Councilmember Petschel made the observation that this is one of the nicest projects that has been
completed in Mendota Heights. It was collaboration between the neighborhoods, school, and the City
that turned out to be a win-win for everybody.
Mayor Krebsbach stated she was happy that Warrior Drive was included in this project, as it was not up
to the same standard as the rest of the streets; and also, the median brick design matches the Henry
Sibley building and ties them together.
Councilmember Duggan moved to open the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
As there was no one coming forward to speak, Councilmember Norton moved to close the public
hearing.
Councilmember Petschel seconded the motion.
October 18, 2016 Mendota Heights City Council Page 3
Ayes: 5
Nays: 0
Councilmember Duggan noted that there were 26 total assessable units; however, the units to be
assessed are only 20. So in essence, everybody is being assessed essentially the same on Mendota Road,
other than six houses. The Warrior Drive homes are at a different amount. Mr. Ruzek explained that
there are not that many homes, the school district is actually eleven parcels along Mendota Road and
staff counted them as 19 parcels along Warrior Drive.
Street reconstruction assessments are payable over a 19 -year period and street rehabilitation assessments
are payable over a 10 -year period at 6% interest. Assessments can be paid at City Hall interest-free for
30 days [before November 19, 2016]; after which they will be certified to Dakota County.
Councilmember Povolny moved to adopt RESOLUTION 2016-76 ADOPTING ASSESSMENTS FOR
THE MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507).
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
A) MENDOTA PLAZA DEVELOPMENT UPDATE
City Administrator Mark McNeill noted that this commercial and residential development was approved
at the last meeting. This is a 14 -acre parcel of land that is a part of Mendota Plaza. Since that time, staff
has been negotiating a development agreement with the developers.
The purpose of this review was to allow the Councilmembers to ask questions and make any suggestions
before the November 1, 2016 Council Meeting, which is when this development agreement would come
up for approval.
Administrator McNeill highlighted the following sections:
Section 7: Development of Second Addition Property in Accordance with the Plans
This confirms the fact that there is going to be two separate responsible parties; Paster Properties
[Developer] will be doing the commercial aspect of the development, and Mendota Plaza Apartments
will be developing the 139 -unit apartment building.
Section 8: Conditions and Project Specific Approvals to the Development of the Second Addition
Property
This section concerns parking, lighting, landscaping maintenance, and screening Item E under Section 8
addresses the combined restaurant, which shall not exceed 8,500 square feet.
Section 14: Section 4.11: Traffic Improvements, including South and North Plaza Drive/Dodd Road (TH
149) Intersection
There should be an insertion here that this is referencing section 4.11 of the 2009 original agreement.
October 18, 2016 Mendota Heights City Council Page 4
Administrator McNeill noted the references to improvements to Trunk Highway 110 and Dodd Road
falling to that of the developer does not make sense as those are state highways and it would be up to the
State of Minnesota to deal with traffic issues at that location. The City is more interested in South Plaza
Drive and North Plaza Drive at their intersections with Dodd Road.
Right now the existing level of service for traffic on North Plaza Drive, at peak hours going left, is
already at service level F. The City is looking for a way to resolve any additional demand that might be
placed on these intersections. The City negotiated that if a traffic engineer, acceptable to the Developer
and the City, comes up with remedies to this, that the State of Minnesota agrees to, any City costs to
remedy those would be the responsibility of the Developer and Mendota Plaza Apartments.
Councilmember Duggan noted that in the original 2009 agreement the established service level would be
to C; not service level D as currently listed in Section 14. Administrator McNeill replied that a service
level D is normally looked at as acceptable. Currently the level of service is C; that is balanced out by
times during the day when it is a level of service F [peak hour]. A level of service C, without
improvements to Dodd Road and perhaps for the queuing distance coming south from Highway 110 and
Dodd Road intersection, would be very difficult if not impossible to reach. Service level D is a
reasonable standard for what is here.
Councilmember Duggan continued by stating that if a service level C was acceptable then, and now
approximately 1,000 additional cars are being added — he is not so sure that a service level D is
advisable. The City is lowering its standards. Administrator McNeill replied that it would be up to the
Minnesota Department of Transportation (MnDOT) to determine what the traffic remedy might be for
that. It is unlikely that they would be willing to put a signal at North Plaza Drive, and possibly not at
South Plaza Drive — but regardless the congestion is going to be a result of traffic on Dodd Road and not
as much determined by traffic generated from the development at Mendota Plaza.
Section 17: Park Dedication Fees
Administrator McNeill noted that there is a credit as the Developer paid $185,693 in 2009. So the
additional monies is from the residential property — 139 units x $4,000 = $556,000. They are being
credited $44,600 (the cost of the trail connection from their public use area to the trail to be constructed
by the county), leaving a balance due of $511,400.
Administrator McNeill noted that there was a question regarding sheet piling versus poured in place
concrete. Councilmember Duggan asked if that was acceptable to the Department of Natural Resources
(DNR) as it relates to the creek. Mr. John Kohler from Paster Properties replied that the previous design
was a system on driven piles, with a cap and a concrete wall built on top. However, the soils around the
creek are so soft that piling the dirt up behind the wall — as the dirt is so heavy it would squeeze that soft
soil underneath those piles and come up on the creek side of that wall. When utilizing a sheet pile wall,
they are creating a complete dam that goes well below that so there would be no room for the lower soft
soil to come through. This would protect the creek even more and have fewer disturbances in and around
the creek during construction.
October 18, 2016 Mendota Heights City Council Page 5
Mayor Krebsbach questioned what the guardrail, located at the right -in off Highway 110, would be
made of. Mr. Kohler replied that it would not be concrete. The developer would bend the guardrail so it
follows the curve of the road coming off Highway 110.
Councilmember Duggan asked about changes being made to the plan after it is approved by Council.
Mr. Kohler replied that the plans will be attached to the approved agreement.
City Attorney Tom Lehmann noted that if there are any changes, there is the ability for the Council to
determine if they are acceptable — in the original agreement there is language to that affect. He feels
comfortable that the City would have notice of the changes and that nothing would be inserted or added
without City approval.
Councilmember Duggan clarified that he is looking for language that would exclude any small details on
the drawings that went through unnoticed. It was explained that with digital technology there is the
ability to overlay one set of drawings over the top of another and see all of the differences or changes.
Administrator McNeill encouraged the Council to review the document and relay any questions they
may have to him before the November 1, 2016 meeting.
B) ADOPT JOB DESCRIPTION, PAY GRADE, AND AUTHORIZE ADVERTISEMENT FOR
COMMUNITY DEVELOPMENT DIRECTOR POSITION
City Administrator Mark McNeill explained the Planner position description has been revised to
Community Development Director. In addition to the existing duties that the Planner had in terms of
zoning and planning, this would also add economic development responsibilities and the overseeing of
the Building Inspector contracted position. In the future, the overseeing of the Fire Marshall contracted
position could be added. Administrator McNeill presented the job description and recommended that
this position be slotted at pay grade 38.
Mayor Krebsbach asked about the development of the comprehensive plan not being included in the job
description. Administrator McNeill replied that the comprehensive plan is certainly something that a
planner does and it certainly could be added. Mayor Krebsbach recommended that the qualifications say
something like 'has experience with or knowledgeable of the comprehensive planning process'.
Administrator McNeill replied that this could be added to the second bullet under Essential Duties.
Councilmember Petschel asked for clarification that this proposed salary is already in the budget.
Administrator McNeill replied that the 2017 budget did include money for upgrades to positions.
Councilmember Duggan moved to ADOPT THE JOB DESCRIPTION, PAY GRADE, AND
AUTHORIZE ADVERTISEMENT FOR COMMUNITY DEVELOPMENT DIRECTOR POSITION.
Councilmember Norton seconded the motion.
Ayes: 5
Nays: 0
October 18, 2016 Mendota Heights City Council Page 6
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill made the following announcements:
• The 7th Annual Firefighter Dance will be held on November 11 at the Mall of America Hilton.
• The Halloween Bonfire is scheduled for Oct 31. Brush for the bonfire will be accepted October
26 through noon on October 31st
• The park shelter buildings have been re -shingled; the concrete surface at Mendakota Park
basketball court has been replaced with hoops and goals going up soon; the boards have been
replaced around the hockey rink at Friendly Hills Park.
• November 1st through the 7th, absentee voters will be able to feed their ballots directly into the
tabulator machine. There will be extended hours for voting on November 5 and November 7th
STAFF AND COUNCIL COMMENTS
Chief of Police Michael Aschenbrener provided safety tips for Halloween night and for any nighttime
walks or trail usage. He stressed wearing reflective colors, wearing costumes that allow you to see,
being careful of costumes getting too near a lighted pumpkin, children having an adult with them,
staying in your neighborhood, motorists staying on major thoroughfares.
Councilmember Duggan and Councilmember Povolny wished everyone a Happy Halloween.
Councilmember Petschel noted there were pelicans on Copperfield Pond this past week. She also
noticed a swan on the pond for most of the week. She mentioned an important football game on October
19 between Henry Sibley and St. Thomas Academy.
Councilmember Norton stated that a citizen called and gave a compliment to Public Works Director
Ryan Ruzek and the entire department for the nice work completed on Warrior Drive.
He also mentioned the open house held on October 17 for the Dodd Road trail proposal. He wanted the
residents to know that right now, it is at the conceptual stage. It is just an idea that is being explored.
Mayor Krebsbach noted the large attendance at the Fire Station Open House. There were approximately
500 people in attendance. She also noted that there are approximately 700 kids playing soccer at
Mendakota Park. She commended Sloan Wallgren and the Parks Commission for finding the open space
for the soccer fields.
ADJOURN
Councilmember Duggan moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
October 18, 2016 Mendota Heights City Council Page 7
Mayor Krebsbach adjourned the meeting at 8:07 p.m.
C. --
ATTEST:
CrL�
a.-
Lorri Smith
City Clerk
Sandra Krebsbach
Mayor
October 18, 2016 Mendota Heights City Council Page 8