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2017-01-03 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 3, 2017 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 Garlock called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Miller, Petschel, and Paper. OATH OF OFFICE Mayor Neil Garlock and Councilmembers Joel Paper and Jay Miller took the Oath of Office, presided over by City Administrator Mark McNeill. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items g) Approve Resolution 2017-02 Final Payment and Accept City Hall Drainage Work. a. Approval of December 20, 2016 City Council Minutes b. Acknowledgement of December 21, 2016 Planning Commission Minutes c. Designation of Official Newspaper d. Approve Resolution 2017-01 Approval of 2017 Fee Schedule e. Approve 2017 Financial Items • Resolution 2017-03 Establishing 2017 City Depositories of Funds • Resolution 2017-04 Accepting Pledged Securities for 2017 • Authorize Finance Director to Execute Electronic Payments and Prepay Claims f. Approve Resolution 2017-09 Reappointment of Commissioners to Planning Commission, Parks and Recreation Commission, Airport Relations Commission g. Approve Resolution 2017-02 Final Payment and Accept City Hall Drainage Work h. Approve Resolution 2017-07 Authorization to Execute an Agreement with MN Task Force One Urban Search and Rescue Team (MN -TF1) i. Appointment of Representative to Dakota Co Domestic Preparedness Committee for 2017 j. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM G) APPROVE RESOLUTION 2017-02 FINAL PAYMENT AND ACCEPT CITY HALL DRAINAGE WORK Councilmember Duggan asked staff to explain the warranty included with the City Hall drainage work. Public Works Director Ryan Ruzek replied that the work that was performed by Max Steininger, Inc. is warrantied; however, the design from keeping the water out of the basement is not on the contractor. So if there is any fault in the contractor's actual work — which could cause drainage in the basement — the City could recoup some of the repairs from the contractor. However, the design of that project was by city staff. The warranty is for one year. Councilmember Duggan moved to adopt Resolution 2017-02 "ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CITY HALL DRAINAGE WORK". Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 There were no public comments. No items scheduled. No items scheduled. PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING January 3, 2017 Mendota Heights City Council Page 2 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-05 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING — KENSINGTON NEIGHBORHOOD B) RESOLUTION 2017-06 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING – MENDOTA HEIGHTS ROAD Public Works Director Ryan Ruzek explained that Mendota Heights has been attempting to maintain its infrastructure by reconstructing and rehabilitating different neighborhoods. In 2017, staff is proposing to rehabilitate the Kensington Neighborhood and Mendota Heights Road from Lexington Avenue to Dodd Road. The City typically uses the State 429 process and special assessments to finance the projects. Using the state's process, there are a number of steps that need to be followed: ordering a feasibility report, accepting the feasibility report, holding a public hearing, approving the plans, authorizing solicitation of bids, and accepting the bids and awarding the contract. After the project is substantially completed, an assessment hearing is held where the assessments are then levied against the properties. Mr. Ruzek provided the background, the results of the feasibility reports, and the budget impact of each project. Councilmember Paper asked for an explanation of what goes into the decision of using reclaimed bituminous versus gravel and what are the long -tem' benefits of each. He also asked if the City ever puts felt, grid, or fiber mat in the subsurface. Mr. Ruzek replied that he would prefer to rebuild every street with virgin class five aggregate; however, the trucking costs and the costs of new materials when there are suitable materials on-site would be difficult to justify. The public works department does use geotextile fabric for reinforcement of the sub -grade when they run into soft spots. Councilmember Paper then asked if staff needs to use more reclaimed bituminous versus aglime, etc. Mr. Ruzek replied they do go through a granular equivalent called jolation to make sure they are meeting the needs of the roadway. Mr. Ruzek stated that as the reclaim machine goes by and they put the rollover on and compact everything into place, they have a third -party materials engineer checking densities and gradations. In regards to the Kensington Neighborhood project, Councilmember Duggan asked for an explanation of why Claremont Drive was changed to a full reconstruction, Bunker Hills Neighborhood was removed, Wilshire Court was removed, and Whitfield Drive and Stockbridge were added to the scope of the project. Mr. Ruzek replied that Wilshire Court is a private road and has already been reconstructed; the Bunkers Hills Neighborhood was removed as the city did not bond for the maintenance materials previously included in projects over the last couple of years; Whitfield Drive and Stockbridge Road were added because of phone calls received from residents asking for the project to be completed. Councilmember Duggan asked why the three private roadways in the Kensington Neighborhood are not included. Mr. Ruzek replied that one of the private roads was reconstructed last year by the property owners themselves with the hope that the City would eventually take this road over from them. January 3, 2017 Mendota Heights City Council Page 3 However, the City is also working on a lot of property issues. If they still choose to go that path, they do have a number of steps that they would need to take before the City would consider taking that street over. The other two private roads come off of Concord Way and they are not platted as right-of-way so the City is not proposing to do any improvements to those. Councilmember Duggan noted that the reports provided use `satisfactory' and `good' interchangeably and he suggested that `good' should be used instead of `satisfactory'. Councilmember Petschel moved to adopt RESOLUTION 2017-05 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE KENSINGTON NEIGHBORHOOD IMPROVEMENT PROJECT (PROJECT #201409). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017-06 ACCEPTING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MENDOTA HEIGHTS ROAD IMPROVEMENT PROJECT (PROJECT #201616). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) DISCUSSION RELATING TO ALLOWING DOMESTIC CHICKENS Consulting Planner Phil Carlson explained that previously the Planning Commission provided the Council with a planning report and summarized two potential approaches to an ordinance allowing domestic chickens, along with a comparison of codes from other municipalities. The Planning Commission recommended to the City Council approval of allowing domestic chickens in residential districts with no recommendation as to the type of ordinance Planner Carlson provided background on this issue stating that domestic chickens are allowed in a number of communities and is becoming increasingly popular. It is seen as a way to increase access to healthy fresh food. There may be concerns about noise, therefore roosters are usually not allowed. There may be concerns about health and diseases chickens may carry and their waste could transmit Some advantages include pest management; and many consider domestic chickens to be pets, In terms of zoning, this is a property rights issue — should residents be allowed to raise chickens as long as there are no negative problems. If the Council were to decide in favor of residents keeping domestic chickens, there would be two basic approaches. A zoning approach would treat the keeping of domestic chickens as an accessory use in all single-family zoning districts; just like a garage for cars or a shed for tools. Chickens would be added to the definition of Domestic Animals in the Code. Chicken coops would be added to the definition of Animal Kennels. Kennels for chickens would be added to the list of permitted accessory structures. January 3, 2017 Mendota Heights City Council Page 4 An animal control approach would regulate this within the Animal Control section of the Code. Chickens would be added to the regulations on domestic animals in Title 5. The City could add a section on chickens, stating that up to four female chickens are allowed as a domestic animal A chicken coop or enclosure would need to meet the standards for an accessory structure in the Zoning Code. Enforcement would be as currently specified for dogs and cats (contracted through the Police Department to an outside agency). Planner Carlson provided examples of ordinances in his report. Councilmember Duggan asked for clarification on the difference between a `coop' and a 'run' and whether the proposed coop would include a run. Planner Carlson replied that a chicken coop would be considered an accessory structure. A chicken coop is the actual enclosed area where they might stay protected from the weather. A chicken run is a fenced area where they get to have a run of part of the yard; however, that also needs to be covered with fencing or screening to protect the chickens from predators. Because it is covered, it would be considered a structure. Therefore, the size of the coop and run would be something the City could limit in the code. Councilmember Petschel stated the Council first needs to make a strategic decision about whether this would be handled under Animal Control or under the Zoning Ordinance. She also noted that the Council needs to look at how this can be accomplished in the most efficient way without additional cost to the City. She asked if there was a way that this could be a combination of both the Zoning Approach and the Animal Control Approach and include restrictions in regards to structures and setbacks; include additional funding for animal control in the budget to cover annual inspections. Planner Carlson noted that there are a number of communities that do require a permit, so there is a record of where the chickens are and a fee is paid for that permit. The results found that many cities have dropped the permitting process because they found that it simply was not a problem. Enforcement calls are done by complaint to ensure the property is following the code. He would recommend not requiring a permit. Councilmember Petschel voiced her disagreement with that recommendation and noted that many of the communities do require permits and inspections / proof of maintenance. Councilmember Duggan stated that children love chickens. In speaking with educators, they said that chickens are a special interest to children. His concern is that if the City is going to allow bees, pigeons, and chickens — where does it stop. He stated he would like to see the pluses and minuses of the animal control approach in relation to the financing of it versus the zoning approach. He stated he would like to see a comparison of the size of the chicken coop / run in relation to yards and the setback from the rear and side yard property line. He questioned if this should be self -funding through the permitting process. He stated he would recommend no more than four female chickens be allowed. Mayor Garlock concurred with the comments made. He would recommend the Zoning Approach, would limit the number of chickens to four, limit the structure size to 144 square feet as other permitted accessory structures, and agrees that roosters should not be allowed. Councilmember Paper noted that the other ordinances included for comparison listed minimum size structures rather than maximum size. For example, Eagan's minimum size is two square feet per chicken; however, Burnsville's minimum size is 10 feet. If someone has four chickens in a 144 square January 3, 2017 Mendota Heights City Council Page 5 foot structure, they would have plenty of room. However, four chickens in a two square foot structure would seem to be pretty tight. Planner Carlson noted that the square feet per coop may not include the run. Councilmember Miller stated that he would prefer the permitting process and using the fees to fund this. This would give the City an idea of where they are at from year-to-year with the number of residents with chickens. It appears to him that the ordinance approach would be the path of least resistance from a monetary standpoint. Councilmember Petschel asked if any additional input from Councilmembers could be forwarded to City Administrator Mark McNeill to be shared with Planner Carlson and the Planning Commission. Planner Carlson summarized his understanding that the Council would like to see some kind of permit and that the permit fees would help off -set any licensure inspection that would be required, and the Commission should look carefully at the size of the coop/run to ensure appropriateness related to the size of the yard. Mayor Garlock then opened the floor for comments from residents. Mr. Patrick Watson, 1327 Delaware, expressed his desire to address any concerns raised by people who do not want to chickens in residential districts. Councilmember Petschel replied that there have been some residents who have expressed their negativity to having chickens in their neighbors' backyards. However, if the City writes a good ordinance, if it is administered well with good enforcement, then after a period of time some of the early trepidation will disappear. This would be a learning experience for some people in the community. Mr. Watson stated that he spoke with the Edina Animal Control Officer. They have had chickens for approximately two years in the city and they have had only a half dozen calls and all six calls resolved themselves before the officer got there. Mr. David Friskney, 819 Park Place Drive, has worked for the City of New Hope Police Department for 25 years and they have had chicken calls. One of the components of their ordinance is a requirement to obtain peiniission from the surrounding neighbors. There are some noise and smells involved in the raising of chickens. However, if the resident maintains their chickens, the surrounding property owners may not even be aware of them. He recommended they contact the City of New Hope's Animal Warden, Mr. Tom Mahan, who is a highly qualified person to discuss the keeping of chickens in a residential district. Ms. Rachel Quick, Junction Lane, stated that her son has had chickens in his classroom at Garlough Elementary and at Dodge Nature Pre-school. She noted that the people who want chickens are the ones making the effort; they are the ones building the community effort. The people sending the emails with their objections are disbanding this part of the community. The residents who want chickens want to teach their children where their food comes from. January 3, 2017 Mendota Heights City Council Page 6 Ms. Melissa Hathaway does not see chickens as a problem. She believes that too much is being made out of this issue. If the residents want to have chickens and they do it right, then they should be allowed. Complaints should be addressed and if they are not rectified, then that resident should not be allowed to keep chickens. Mr. Jason Hinchliffe, 1155 Dodd Road, stated there have been chickens in Mendota Heights ever since he moved here and he has not heard of a lot of problems. They are educational and his son now knows where eggs come from. If the coop is covered properly and remains dry, there is no smell. Councilmember Duggan moved to direct staff to create an ordinance that permits chickens to a maximum of four with a coop / run that is appropriate size and meets City Code regulations. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 D) AFFIRM THE HIRE OF KELLY MCCARTHY AS POLICE CHIEF AND APPROVE RESOLUTION 2017-08 EMPLOYMENT AGREEMENT City Administrator Mark McNeill explained that on December 6, 2016 the City Council appointed Ms. Kelly McCarthy as permanent Chief of Police, who had recently been hired as Captain. Administrator McNeill reviewed the revised Employment Agreement with Kelly McCarthy as Police Chief. Councilmember Duggan stated that he supports this decision but is uncomfortable with the process. He believes that Police Chief McCarthy will go a long way towards improving our police department. He expressed his favor in doing everything reasonably possible for the growth and development of the Police Department. He believes that the City is on the right path. Councilmember Petschel moved to affirm the appointment of Kelly McCarthy as Police Chief/Emergency Management Director for the City of Mendota Heights; and to approve Resolution 2017-08, Employment Agreement with Kelly McCarthy as Police Chief. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel noted that there should be an appropriate swearing in ceremony for Police Chief Kelly McCarthy. Police Chief Kelly McCarthy came forward and expressed her appreciation for the support of the Council not only in her, but also in the entire Police Department. She stated the officers are talented and very hard working and she is excited to do a good job for the City as they are as well. Mayor Garlock stated that he has had many long conversations with Chief McCarthy and that he believes the previous Council did a great job selecting her and bringing her to the City. January 3, 2017 Mendota Heights City Council Page 7 E) DESIGNATION OF COUNCILMEMBERS TO SERVE ON FIRE OFFICER SELECTION COMMITTEE City Administrator Mark McNeill explained that at the December 20, 2016 meeting, the Council accepted the resignation of Fire Chief John Maczko, who will be retiring on February 28, 2017. The Council directed that the notice of the fire chief position be posted. Staff has received two applications; therefore, a selection panel is necessary. The makeup of that panel would be two firefighters, the Police Chief, the City Administrator, and an outside Police Chief. The other two members would be two Councilmembers. Councilmember Miller expressed his interest in being on the selection committee as he has been a firefighter since 2008 and is fairly well versed in the actions within the fire department. Councilmember Duggan asked if Mayor Garlock would be interested in being on the Selection Committee. Mayor Garlock stated that he may know something along this line since he is a former police officer. Councilmember Paper asked Councilmember Miller if he would be uncomfortable being on the selection committee since he works with both applicants and would have to choose one. Councilmember Miller replied that he believes they are all professionals and it makes sense for him to be on the committee. Councilmember Duggan moved to accept the appointment of Councilmember Miller and Mayor Garlock to the Fire Chief Selection Committee. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 F) DESIGNATION OF 2017 ACTING MAYOR Mayor Garlock moved to appoint Councilmember Joel Paper as 2017 Acting Mayor. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 G) CITY COUNCIL APPOINTMENTS TO COMMISSIONS, RESOLUTION 2017-10 APPOINTMENTS TO NDC4, AND ESTABLISH DATE FOR INTERVIEWS FOR PARK & REC COMMISSION APPLICANTS City Administrator Mark McNeill shared a list of various liaison committee appointments. The vacancies are for an alternate elected official on the Dakota Communications Commission to act for the primary (Councilmember Duggan) when he is unavailable; the primary Elected Official position on the MSP Noise Oversight Committee, and the Elected Official on the NDC4 Cable Commission. Janumy 3, 2017 Mendota Heights City Council Page 8 Councilmember Petschel expressed her desire to be the alternate on the Dakota Communications Commission. Councilmember Miller volunteered for the Primary Elected Official on the MSP Noise Oversight Committee. Councilmember Paper volunteered for the NDC4 Cable Commission Elected Official. There is no need to appoint representatives to the Dakota County E -W Transit Study Commission at this time. Councilmember Petschel moved to appoint herself as the Alternate Elected Official on the Dakota Communication Commission, to appoint Councilmember Miller as the Primary Elected Official on the MSP Noise Oversight Committee, and to re -appoint the other liaison positions as outlined in the staff report. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017-10 APPOINTING MICKEY KIEFFER AND COUNCILMEMBER JOEL PAPER TO THE NDC4 ADVISORY COMMISSION. Councilmember Paper seconded the motion Ayes: 5 Nays: 0 City Administrator Mark McNeill also noted that another action requested of Council was to set a time to interview individuals who have applied for membership on the Parks and Recreation Commission. He recommended this action be tabled and discussed at Thursday's workshop meeting. Mayor Garlock agreed. The item was deferred to the January 5th Workshop. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • Outdoor rinks are open until 9:00 p.m. Monday -Saturday and until 6:00 p.m. on Sundays. • Used holiday lights can be brought to City Hall for recycling through the end of January 2017. • Assistant City Administrator Cheryl Jacobson was introduced and said a few words. She will be managing Human Resources, IT, Communications, Recreation, and special projects. COUNCIL COMMENTS Councilmember Miller expressed his humbleness at the opportunity to serve on the Council. He is here to look with the City down the road, and to work alongside everyone to make Mendota Heights better. January 3, 2017 Mendota Heights City Council Page 9 Councilmember Petschel expressed her pleasure at the energy in the room and at the prospect of a new year and working together. She also acknowledged the superior salting of the roads completed by Public Works staff. She noted that on January 17 a presentation will be given by the MAC Noise staff to the full Metropolitan Airport Commission on Optimal Descent Approach — a project that the Noise Oversight Committee started that would have less noise impact and save on fuel. Councilmember Paper expressed his appreciation to the community for putting him in the Council seat and entrusting him to make well thought out decisions. He thanked his grandparents for teaching him about civic pride, his parents for showing him what it is to do volunteerism, and his wife and his children for supporting him in this. He thanked Leslie Sandberg who helped him along the way. Councilmember Duggan welcomed Mac Leydon to City Hall; he is one of the new job -share receptionists at the front desk. He also noted an email he received that suggested the idea of the City being a "Sanctuary City". He reminded residents to shovel out the snow from around fire hydrants. Mayor Garlock expressed his appreciation to everyone for putting him in the Mayoral seat. Everyone on the Council cares about this City, as have all of the previous councilmembers. He is not as polished as Ms. Sandra Krebsbach when it comes to running a Council meeting but he will do the best he can. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:44 p.m. Neil Garlock Mayor ATTEST: Lorri Smith City Clerk January 3, 2017 Mendota Heights City Council Page 10