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2017-03-21 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 21, 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. Councilmembers Miller, Petschel, and Paper were also present. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption noting that item 9a had been removed at the applicant's request. Councilmember Petschel moved adoption of the agenda with that change. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) 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 d) Authorization of Victoria Highlands Park Ballfield Upgrades, g) Approve Resolution 2017-26 Designating a Right -of -Way Acquisition for Roadway and Utility Purposes — Lot 1, Gangl First Addition, and h) Wetland Conservation Act Application — Dakota County. a. Approval of March 7, 2017 City Council Minutes b. Approval of March 7, 2017 City Council Workshop Minutes c. Acknowledgement the 2016 Parks and Recreation Report d. Authorization of Victoria Highlands Park Ballfield Upgrades e. Approve Resolution 2017-25 Approve Permanent Easement to Mendota Heights for Dodd Rd Trail f. Northland Drive Lift Station Rehabilitation — Purchase Order g. Approve Resolution 2017-26 Designating a Right -of -Way Acquisition for Roadway and Utility Purposes — Lot 1, Gangl First Addition h. Wetland Conservation Act Application — Dakota County i. Approve Resolution 2017-27 Amendment to Fee Schedule j. Award Contract for 2017 Street Sweeping k. Authorization to Send to Auction - 2008 Ford Explorer Police Vehicle 1. Approve Resolution 2017-23 Comcast Franchise Agreement Extension m. Approve Resolution 2017-24 State of Minnesota Joint Powers Agreements with the City of Mendota Heights on behalf of its City Attorney and Police Department n. Acknowledgment of February 2017 Fire Synopsis o. Approve Building Activity Report February 2017 p. Approve Treasurer's Report q. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM D) AUTHORIZATION OF VICTORIA HIGHLANDS PARK BALLFIELD UPGRADES Councilmember Petschel acknowledged the hard work done by Recreation Program Coordinator Sloan Wallgren and the Parks and Recreation Commission in terms of their stewardship and management of the City's parks, recreation facilities, and the trails. For informational purposes, she requested an explanation of the ballfield upgrade. Mr. Wallgren explained that the Mendota Heights Athletic Association (MHAA) has requested that the City make improvements to the ballfield at Victoria Highlands Park so it can be used for the 11 and under and the 12 and under teams. To make it a legal field, an outfield fence needs to be installed and for safety reasons, a fence should be installed down the first base line. MHAA works with a contractor that would complete the work. The association members are also willing to do some of the labor. This field would then be usable for baseball and softball. The association would keep a portable mound so it could be removed when it is not needed. The current backstop is dated and in the future they would look to see if it could be extended in height. MHAA is looking to begin this work in mid-April so they can play on the fields in May. Councilmember Petschel moved to authorize staff to obtain quotes for the fencing and move forward with expanding the infield for an amount not to exceed $18,000. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) March 21, 2017 Council Meeting Page 2 of 8 G) APPROVE RESOLUTION 2017-26 DESIGNATING A RIGHT-OF-WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES — LOT 1, GANGL FIRST ADDITION Mr. Ruzek explained that the City acquired the western -most 30 feet of a parcel in 1972, when the City extended utilities to serve the properties on the southeast quadrant of Marie Avenue and Dodd Road. In 2018, the Minnesota Department of Transportation (MnDOT) is proposing the reconstruction of Dodd Road. When the City acquired that right-of-way, it was through a warranty deed title. State projects require that any land that was acquired must have been specifically designated for a purpose. Therefore, the State has asked the City to designate this land for roadway and utility purposes for them to be able to utilize. There is currently a sanitary sewer line and a storm sewer line that does cross a portion of the property. The State is not proposing any extensions of the curb line; however, some of their utility work may require that they go into that area to replace some of the storm sewer with the project. In addition, the City is proposing to construct an 8 -foot bituminous -shared use trail along Dodd Road. Councilmember Petschel moved to adopt RESOLUTION 2017-26, DESIGNATING A RIGHT-OF- WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES — LOT 1, GANGL FIRST ADDITION. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) WETLAND CONSERVATION ACT APPLICATION — DAKOTA COUNTY Councilmember Petschel noted that municipalities surrounding Mendota Heights have had to acquire new rights-of-way because of recent heavier rain patterns and the existing infrastructure (stormwater capture and treatment) is no longer considered efficient enough. Some cities are planning to use wetland credits to accomplish this. She questioned, if the City goes with this project, if the interchange will be able to handle the amount of rain projected. Public Works Director Ryan Ruzek replied that Dakota County has proposed to construct a shared use trail from the end of South Plaza Drive, cross a ditch, and follow to the north to the proposed pedestrian underpass; the trail would then tie into the existing trail on the north side of Highway 110. In order to accomplish this, the County has proposed to install a culvert and fill in a small portion of the excavated ditch for a bridge crossing. There is also going to be small impacts to wetland 3 and wetland 9 & 10, which are tiny little blips in the ditch of Highway 110. They are not considered natural wetlands for any water quality or rate control. This is why staff is in support of the County plan. Councilmember Petschel asked if there was anything about this project that would affect how the water accumulates on the northeast corner of Dodd Road and Highway 110. Mr. Ruzek replied that the State did some major excavation about six weeks ago. He would assume that the County took into account that amount of water that flows into that ditch and they would be managing with both the Highway 110 project and the County's underpass. March 21, 2017 Council Meeting Page 3 of 8 Councilmember Miller requested a definition of `wetland banking' Mr. Ruzek replied that the City is the local government unit that administers the Minnesota Wetland Conservation Act, a federally mandated program. Ideally there are a number of sequencing steps that a project would go through if they are going to impact a wetland. Unfortunately, the sites here do not allow for the opportunities for additional wetlands to be created on site. There are people who have land that have actually created wetlands that were not natural. They in turn sell acres or portions of acres to developers that would meet the wetland conservation act requirements. The small disturbances that the County is proposing are required to be replaced at a two to one ratio. They are purchasing credits for twice the amount of wetlands that they are filling in. They would be of a higher quality wetland. The Minnesota Board of Water and Soil Resources manages wetland banks. Councilmember Miller, in terms of wetland #5 and the storm sewer element, asked what the long-term impact of the outlet would be on the surrounding landscape. Mr. Ruzek replied that there would be four outlets into the creek. They have all been new outlets so stormwater designs have been reviewed and rate controls would be less than if those sites were never developed on. Councilmember Petschel moved to accepting the delineation report and replacement plan and authorize staff to issue a Notice of Decision. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS There were no public comments. PRESENTATIONS No items scheduled. PUBLIC HEARING A) WINE AND 3.2% MALT LIQUOR LICENSE TRANSFER — KING AND I THAI City Clerk Lorri Smith explained that a public hearing has been scheduled to receive comments regarding the transfer of a Wine and 3.2% Malt Liquor Licenses at King and I Thai Restaurant. The City has received an application from Cha Thao and Zeng Yang, owners of King & I Thai Corporation. This is a request to transfer the current licenses issued to King and I Thai LLC, located at 760 Highway 110. The Police Department has completed a thorough investigation and found no issues or concerns. Mayor Garlock moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) March 21, 2017 Council Meeting Page 4 of 8 Mr. Cha Thao and Ms. Zeng Yang came forward and noted that they would be taking over the King and I Thai restaurant sometime in mid-April. The menus would remain the same. They are looking forward to being in this neighborhood. No one else from the public wished to be heard on this item. Mayor Garlock moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) This item will be place on the next Council meeting agenda for official action. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-17 APPROVING LOT SPLIT (MINOR SUBDIVISION) AT 697 WESLEY LANE (PLANNING CASE 2017-02) This item was removed from the agenda as requested by the applicant. B) APPROVE LETTER OF INTENT WITH TRAMMELL CROW FOR RESIDENTIAL APARTMENT DEVELOPMENT AT VILLAGE LOTS PROPERTY City Administrator Mark McNeill explained that the City owns the three lots that front Dodd Road at the Village of Mendota Heights development. Several weeks ago, Trammell Crow, a national company, proposed to purchase these lots to accommodate an apartment building for active adults. This is a new concept in the Twin Cities that fits an unmet need for younger seniors who have a desire to downsize and to move into maintenance -free housing but are not quite ready for traditional senior housing. Trammell Crow proposes a five -story apartment building, with 150 to 164 units, which would have underground parking for all but four spaces. Administrator McNeill shared images of the proposed building. This property is approximately 1.72 acres in size and is located between Linden and Dodd Road with a small park to the south. This project would require the partial street vacation of Maple Street, and it would also provide for the acquisition of outlot D, which is a parcel encumbered by blanket utility and drainage easements. The sale price of this property would be determined by an appraisal mutually agreed upon. Trammell Crow is proposing a closing date on the property by November so they could break ground before the end of the year. There are a number of land use issues that would need to be reviewed and resolved before that could take place. There is also a traffic study that would commence very soon. Their intent is to have this on the Planning Commission agenda for May 28, 2017. They are open to having a community meeting prior to the Planning Commission meeting, which would solicit comments and concerns from the public. This would provide Trammell Crow an opportunity to make their presentation and answer questions. March 21, 2017 Council Meeting Page 5 of 8 In order to begin, they have proposed a Letter of Intent for Council approval. This is not uncommon for a development of this magnitude. This letter defines the property, sets forth the earnest money that would be paid, the Title and Survey obligations, Due Diligence period — during which time the City would not market the property, and Contingency Conditions. The property would be sold "as -is" and "with all faults", with no warranty by the City of any kind, expressed or implied, except as provided in the Purchase Agreement. There would be relocation of the utilities in Maple Street at the cost of the developer and if there is a need to do sewer lift station upgrades as a result of this development, those would be at the cost of the developer as well. Trammell Crow has 45 days after the execution of this Letter of Intent to cause a traffic study to be conducted. Staff proposed to add a condition to the Letter of Intent under Section B emphasizing the fact that, while the City supports this concept; anything that is approved is going to be subject to the review of the Planning Commission and ultimately the City Council. Representatives of the developer and architect were available for questions. Councilmember Miller expressed his appreciation to Trammell Crow's willingness to hold a neighborhood meeting. This project, in his opinion, would change the very landscape of what is there. However, he had several concerns including the traffic impact on Dodd Road, adjustment in density levels is also a concern, and changing the character of the neighborhood. Councilmember Paper commented that several meetings ago, Mr. Luce from Dakota County was here discussing the future in housing needs for Mendota Heights. This proposal would provide something that has been missing as far as housing in our city. This proposal is worth investigating and listening to. This complex would be walkable to the commercial hubs and would attract viable businesses. Councilmember Petschel noted that the Mendota Heights she moved into 30 years ago is not the same city as it is now. She stated she hears from residents about their frustration to want to stay living in Mendota Heights but their homes are too big, and they have no place to move to. Feedback received from the County shows that there is a tremendous unmet need in the community for this kind of housing. If the City is going to do this kind of housing, this is the location where it needs to be. Previous Council's identified this area as where they wanted to have a village experience — and a village by definition is denser. It would be a mistake to not review this and give it an opportunity to succeed. Mayor Garlock noted that after hearing the presentation from Dakota County concerning the lack in this area of senior housing options and after hearing Trammell Crow's concept of an Active Adult complex, he believes this would be a very nice addition to the City. This would support both the Village and the Plaza. He is looking forward to the community meetings to hear what the residents have to say. Ms. Mary Lucas, Associate, Dev. & Inv. Services at Trammell Crow, stated that they are really excited about Mendota Heights. They believe that this project is going to be a great compliment to the retail and restaurants of the area. The traffic study is going to be one of the first things they proceed with. Councilmember Petschel moved to authorize the execution of the Letter of Intent with Trammell Crow for the Mendota Heights Active Adult Apartments concept with the revision of section B5. Mayor Garlock seconded the motion. March 21, 2017 Council Meeting Page 6 of 8 Ayes: 3 Nays: 1 (Miller) Absent: 1 (Duggan) C) DISCUSSION OF CITY COUNCIL MEETING STARTING TIME City Administrator Mark McNeill explained that the City Council meetings have had a 7:00 p.m. start time for some time. The question has been asked if the Council would like to change to a 6:30 p.m. start time. He provided a survey of Dakota County cities and their Council meeting start time. Councilmember Paper noted that he would be interested in starting at 6:30 p.m. Councilmember Miller noted that either start time would work for him. He requested that everyone keep in mind that the staff's workday ends at 4:30 p.m. and keeping them here from 4:30 p.m. to 7:00 p.m. is a waste of their resources. Councilmember Petschel noted that she was vehemently opposed to starting at 6:30 p.m. for a variety of reasons, but most importantly this is about serving the residents who want to be at these meeting and not about what is convenient for the Council and staff. Anyone who needs to attend a meeting with a resident may not have time to arrive before 7:00 p.m. Councilmember Paper asked if there was a way to take a community survey. Administrator McNeill replied that it would not be scientific as only residents who feel strongly one way or the other would respond. Mayor Garlock noted that since there is some disagreement from the Councilmembers, the additional legwork should be done and a community survey, whether through Facebook or some other venue, should be completed to get the residents' feedback. D) DISCUSS RESCHEDULING OF APRIL 4TH CITY COUNCIL MEETING City Administrator Mark McNeill explained that there would not be a quorum in attendance at the regular meeting scheduled for April 4, 2017. In checking schedules and availability, it appears that Tuesday, March 28, 2017 would be the most logical time to have the meeting. All councilmembers present agreed to change the meeting date to Tuesday, March 28, 2017. COMMUNITY ANNOUNCEMENTS No items scheduled. March 21, 2017 Council Meeting Page 7 of 8 COUNCIL COMMENTS Councilmember Paper expressed his appreciation to Recreation Program Coordinator Sloan Wallgren for the terrific job with the annual report. It is also nice to see that the City would be collaborating with the Mendota Heights Athletic Association on the ballfield renovation. Councilmember Miller echoed Councilmembers Paper and Petschel about the work that Mr. Wallgren is doing. It is fantastic. Councilmember Miller also invited residents to a Fire Department training exercise on April 8, 2017 at 7:00 a.m. They will be burning down a vacant house that the City owns. The property is located on the frontage road just east of Highway 55. Mayor Garlock announced the 5K race applications are now available online. He expressed appreciation to Recreation Program Coordinator Sloan Wallgren for his hard work in making this happen. Councilmember Petschel observed that, either when driving south on Huber or getting on the freeway from Dodd Road, the building of the Viking Park can be seen. The building is going to have a feel not unlike US Bank Stadium and when viewed from a drone or satellite — it will look like an axe; it is supposed to be the Viking axe. It is hoped that this park will be a boon for the City even this year. ADJOURN Councilmember Paper moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:05 p.m. Neil Garlock Mayor Lorri Smith City Clerk March 21, 2017 Council Meeting Page 8 of 8