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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