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2017-07-18 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA July 18, 2017 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Moment of Silence – In memory of Officer Scott Patrick (EOW July 30, 2014) 5. Adopt Agenda 6. Consent Agenda a. Approval of July 5, 2017 City Council Minutes b. Approval of July 5, 2017 Council Work Session Minutes c. Approval of Council meeting start time for August 1, 2017 and November 7, 2017 d. Approval of Temporary Liquor License for Holy Family Maronite Church, Sept 10, 2017 e. Approval of Amendment to the City Administrator Employment Agreement f. Approve Private Water Main Agreement for the Mendota Plaza Expansion g. Accept Notice of Retirement of Mike Maczko, and Authorize Staff to Begin Recruitment of a Maintenance III Worker within Public Works h. Approval of Par 3 Golf Course Maintenance Worker Lead Position, Seasonal Pay Matrix Amendment and Designation of an Incumbent to the Position i. Acknowledge Fire Synopsis Report j. Approval of Claims List 7. Public Comments 8. Presentations - none 9. Public Hearing a. Resolution 2017-56 Approving Municipal Consent for the MnDOT Highway 149 (Dodd Road) Rehabilitation Project - Continuation 10. New and Unfinished Business a. Welcoming City Policy Discussion b. Resolution 2017-55 Appoint Candidate To Fill a Vacancy On the Planning Commission c. Authorize Award of Contract for Fire Station Fiber Optic Extension d. Authorize the Release of Request of Quotations for Fiber Installation and Connections at City Hall and Public Works Buildings to the Dakota County Fiber Ring e. Award Contract for Friendly Hills Warming House Construction f. Update to Dakota County Broadband Initiative—Craig Ebeling and Lisa Alfson 11. Community Announcements 12. Council Comments 13. Adjourn DATE: July 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Moment of Silence—Officer Scott Patrick COMMENT: INTRODUCTION At its meeting of July 18th, the City Council and members of the audience will be asked to observe a moment of silence in memory of Officer Scott Patrick. BACKGROUND Officer Patrick lost his life while in the service of others on July 30, 2014. So as to honor the memory of his sacrifice, it is the practice of the Mendota Heights City Council to observe a moment of silence at its second regular July meeting. This is the meeting which is the closest to, and in advance, of the anniversary date of his death. A painting of Officer Patrick will be displayed at the meeting, and the flag of the United States will be flown at half-staff on Sunday, July 30th. ACTION REQUIRED Those in attendance at the July 18th City Council meeting will be asked to observe a moment of silence to honor the memory of Mendota Heights Police Officer Scott Patrick. _________________________ Mark McNeill City Administrator page 3 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, July 5, 2017 Pursuant to due call and notice, 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 Duggan, Miller, Petschel, and Paper were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda. Councilmember Petschel moved adoption of the agenda. Councilmember Miller 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 c) Acknowledge April 25, 2017 Planning Commission Meeting Minutes, f) Approve Resolution 2017-50 Accept Donations of Mendota Heights 5K and Parks Celebration, g) Award Contract for Friendly Hills Park Warming House, i) Accepting Wetland Delineation Report for the Orchard Heights Development, and k) Authorize Submittal of the Pilot Knob Grant Application. a. Approval of June 20, 2017 City Council Minutes b. Approval of June 20, 2017 Council Work Session Minutes c. Acknowledge April 25, 2017 Planning Commission Meeting Minutes d. Acknowledge May 23, 2017 Planning Commission Meeting Minutes e. Approve Police Officer Hire f. Approve Resolution 2017-50 Accept Donations of Mendota Heights 5K and Parks Celebration g. Award Contract for Friendly Hills Park Warming House h. Approve Purchase and Installation of Wireless Network Equipment i. Accepting Wetland Delineation Report for the Orchard Heights Development j. Approve Out of State Training – Police Department page 4 k. Authorize Submittal of the Pilot Knob Grant Application l. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM C) ACKNOWLEDGE APRIL 25, 2017 PLANNING COMMISSION MEETING MINUTES Councilmember Duggan commented that he did not agree with a comment made in paragraph 2, page 4 of the Planning Commission meeting minutes and suggested staff review. Also, he requested a copy of the background report titled Background Report: Market and Development Context, which was referenced in the minutes, be provided to all Councilmembers. Councilmember Duggan moved to table acknowledgment of the April 25, 2017 Planning Commission meeting minutes to the next regular Council meeting. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel commented that a Councilmember may disagree with something in the minutes, but that does not mean it was not stated at the meeting. The Council is acknowledging receipt of the minutes and any disagreement can be addressed at a later time. She recommended that Councilmember Duggan work with staff on the correct wording. Councilmember Duggan agreed. F) APPROVE RESOLUTION 2017-50 ACCEPT DONATIONS OF MENDOTA HEIGHTS 5K AND PARKS CELEBRATION Councilmember Duggan noted a correction in the listing of the prizes donated by Billy’s On Grand. The total should be $50. Councilmember Duggan also recognized the community support and the Mayor’s efforts that made the 5K Walk/Run and the Mendota Heights Parks Celebration a success. Councilmember Duggan moved to adopt RESOLUTION 2017-50 ACKNOWLEDGING RECEIPT OF GIFTS TO THE CITY FOR THE 5K AND PARKS CELEBRATION with the correction as noted. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 G) AWARD CONTRACT FOR FRIENDLY HILLS PARK WARMING HOUSE City Administrator Mark McNeill recommended the Council not take action on this item at this time even though it was approved in the current budget. Typically, this should have come to the Council for approval to seek quotes, which was not done. By virtue of the size of the project, staff should have received more than two quotes. page 5 Councilmember Duggan moved to authorize staff to seek additional quotes for the Friendly Hills Park warming house demolition and replacement. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 I) ACCEPTING WETLAND DELINEATION REPORT - ORCHARD HEIGHTS DEVELOPMENT Councilmember Duggan noted that in the report, under Section 2: Overview, paragraph 3, the line should read “Homes were surrounded by mowed Kentucky bluegrass lawns . . .”, and not “laws”. He also noted in the next paragraph it refers to a church, when in reality, it is a synagogue. Councilmember Duggan moved to approve the Wetland Delineation Report for the Olin Property and to authorize staff to issue the Notice of Decision once the suggested edits have been made to the report. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) AUTHORIZE SUBMITTAL OF THE PILOT KNOB GRANT APPLICATION Councilmember Duggan acknowledged that Pilot Knob is a significant site and he is delighted to see the work being done by Ms. Gail Lewellan and the Pilot Knob Preservation Association. Ms. Lewellan stated that the Pilot Knob Preservation Association supports the proposal of Great River Greening to submit a grant application to the Minnesota Historical Society. It would not involve any financial commitment from the City of Mendota Heights. They are seeking a grant from the legacy funds to do historical landscape planting at the site. Councilmember Petschel pointed out that because of the designation of Pilot Knob site identified on the historic register, it has put the City in a position to be able to apply for more grants. She suggested that the spiritual explanation of the different colored gravel circles be included in the signage and/or brochures, along with an explanation of the sacred fire with the seven stones. Councilmember Duggan moved to authorize Great River Greening to submit an application for a grant to fund design work for improvements at Oheyawahe/Historic Pilot Knob. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. John Kohler, representing Paster Properties, encouraged all residents to continue to visit the retailers at Highway 110 and Dodd Road. They are struggling due to the construction in the area. Councilmember Duggan echoed Mr. Kohler’s comments. The businesses will become greater, but only if the community supports them. page 6 PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-51 – APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN TO RE-GUIDE CERTAIN PROPERTIES FROM “LR-LOW DENSITY RESIDENTIAL” TO “MR-MEDIUM DENSITY RESIDENTIAL”, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SIBLEY MEMORIAL HIGHWAY AND LEXINGTON AVENUE (PLANNING CASE 2017-11) Community Development Director Tim Benetti explained the application from Mr. Keith Ostrosky, Ms. Talaia Bowen, and Mr. Raymond Miller for properties located at 1680 Lexington Avenue South, 1104 Sibley Memorial Highway, and an unaddressed parcel PID No. 27-02300-50-022; generally located at the southeast corner of Sibley Memorial Highway and Lexington Avenue South. This request is a proposed amendment to the current 2030 Comprehensive Plan, to change the properties from LR-Low Density Residential to MR-Medium Density Residential. Mr. Benetti emphasized this is only a request to change the underlying land use, which may help facilitate a potential redevelopment, through rezoning, at a later date. This is the start of a land use amendment process. Mr. Benetti noted that The Overlook Condos; Riverpointe; and Lexington Riverside condos surround the property but are all located within the City of Lilydale. The 1680 Lexington Avenue parcel is 2.33 acres in size with a one story single-family dwelling. It is heavily wooded and impacted by a bluff line – with approximately 0.9 to 1.0 acres of buildable land. The 1104 Sibley Memorial Highway property is 0.42 acres in size and contains a single-family home, with approximately 0.3 acres of buildable land. The unaddressed vacant lot is 0.38 acres in size, heavily wooded, and heavily impacted by steep slopes. The combined acreage of the parcels is 3.13 acres. The buildable portion will be determined at a later date should these sites become available for development. Mr. Benetti noted that the City is currently in the midst of updating their Comprehensive Plan and land use changes are where cities have great discretion. He emphasized that the City is under no obligation to change those land uses now or in the future. Mr. Benetti defined LR-Low Density Residential and MR-Medium Density Residential classifications. Under the MR, single family dwellings are allowed and would be legally conforming. Taking the definitions into consideration and the current lot areas, the current density allowed on the parcels is as follows: Ostrosky parcel – 10 units allowed; Bowen parcel – 1 unit allowed; Miller lot – 1 unit allowed. All three lots combined – 13 units would be allowed. page 7 In terms of the characteristics of the area, the immediate neighborhood is well established as multi- family residential. Staff believes that the existing multi-family / single-family uses should experience little impact with this change. Mr. Benetti explained that the one condition of approval as been amended to read: 1. The proposed comprehensive plan amendment is approved by the City of Lilydale and by the Metropolitan Council. Councilmember Duggan stated that there are many challenging problems with the site and he asked why a survey, grading plans, or soil tests have not yet been completed. He stated that the slope is in the critical area and there is nothing that addresses how that might be handled. Until he has those answers, he could not consider to vote in favor of this. Councilmember Miller stated that with the pending 2040 Comprehensive Plan, he did not feel that it was prudent to have this discussion on adjusting the density at this time. Councilmember Petschel disagreed by saying that the Council did something similar to this on the corner of Dodd Road and Mendota Heights Road in terms of the Bjorklund Development. The land that was guided as low density was changed to medium density, which is a much smaller lot with considerable drainage concerns. She also noted that the Council is not approving site plans and drainage plans at this step in the process. She noted that this this has been heard by the Planning Commission and was unanimously approved. Councilmember Paper asked, if this were to be approved, what would be the next step. Mr. Benetti replied that the land use change would be sent to the Metropolitan Council (MetCouncil) for their acceptance of the change. Then the owners of the properties have indicated that they would look into developing it. If a developer were to submit a rezoning application, a development plan, which would include the grading plan and the critical area permit, would be submitted at that time. Councilmember Paper asked, if this were to be approved, where the access to these properties would be placed. Mr. Benetti replied that if a developer requested to develop all three lots, ideally, they would access off of Lexington. It would depend on the necessary traffic analysis. Councilmember Duggan stated that if this was approved to go forward, the valuation of the land would increase significantly. City Attorney Tom Lehmann replied that what the Council is being asked to look at is basically changing the designation on the Comprehensive Plan Map from low residential to medium residential. All of the other requirements would still have to be met. He explained that he did not want to speculate on whether or not this would increase the value of the land; however, it gives someone who owns that property more options because of the change in designation. The item for the Council to remember is that even if they were to approve this application, all of the safeguards that the City has with regards to traffic, engineering, lot size, etc. stays the same. City Attorney Lehmann also noted that the factors set out in the memo from staff sets forth why this Council could adopt this change. This is a minor adjustment to the Comprehensive Plan and it is common for cities to look at this on an ongoing basis. page 8 Mr. Lehmann pointed out that this item requires a four/fifths vote to be approved. Mayor Garlock suggested that the process go forward on the recommendation from city staff and the Planning Commission. The Council would be required to review any zoning change and development plan in the future. Mr. Benetti commented that Mr. Ostrosky preferred not to wait for the upcoming Comprehensive Plan update, and without a moratorium in place, staff cannot prevent applications from being submitted. Mayor Garlock opened the floor for comments from the public. Ms. Kay Frye, 1131 Sibley Memorial Highway, stated she feels that residents in that area are living too close to the bluff edge and those homes would not be able to be built today, with the codes that are in place. She also feels that this would change the character of the neighborhood as all of the properties located across the street from her are all single-family homes. She stated that in 2007, Lilydale was short of money and the City decided to sell a piece of property that had been donated by Mr. Thompson. He originally wanted the property to be a sanctuary or open space. However, the city instead allowed multi-family residential. The property being discussed tonight is in the same bluff area. She found notes from a Mendota Heights Council meeting where the members supported open space or single-family residential in this area. She asked why this Council would consider changing it. Ms. Betsy Frye, 1121 Sibley Memorial Highway, asked if there is no official development plan under consideration, why rush it? She suggested that everyone slow down. She asked that due diligence be done because just south of this location, a washout happened. Ms. Lucille Collins, 1137 Sibley Memorial Highway, stated her concerns are the traffic and the water drainage. There are a lot of water problems in this area. The Colony Townhomes are putting in a new drainage pipe because of water problems. Also, she said that the current level of traffic on Lexington Avenue and Highway 13 is busy. Ms. Talaia Bowen, 1104 Sibley Memorial Highway, applicant, stated that she appreciates all of her Lilydale neighbors for bringing their concerns; however, a lot of the discussion does not correspond with how she understands the process to be. This is a request to have their personal rights, as property owners, to determine how they would like to see the property used or marketed for the future. A developer would have to provide the survey, and address the drainage issues and traffic concerns. Those are all part of the rezoning request. This application is something that Mr. Ostrosky initiated with the understanding that this would be a viable option. She stated that she and her neighbors are asking to be allowed their property rights – to have the ability to market it in any way they see. Councilmember Petschel moved to adopt RESOLUTION 2017-51 APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN BY RE-GUIDING CERTAIN PROPERTIES FROM “LR- LOW DENSITY RESIDENTIAL” TO “MR-MEDIUM DENSITY RESIDENTIAL” GENERALLY LOCATED AT THE SOUTHEAST CORNER OF LEXINGTON AVENUE AND SIBLEY MEMORIAL HIGHWAY. page 9 Councilmember Petschel stated that these are residents who do have property rights. Councils can change their minds, situations can change, and what was unacceptable to another Council may have become acceptable to a future Council. The water runoff and traffic issues would be addressed, and they could actually be improved. The bluff area will always be a challenge for MnDOT, Dakota County, Mendota Heights and Lilydale to deal with. Councilmember Paper seconded the motion. Councilmember Duggan stated there have been a lot of points made regarding the rights of people, but even those are limited. If people believe they are sitting on a terrific opportunity, then they should come forward with those ideas. The critical area was established in the 1960’s by the governor. Anything that is done now could jeopardize it. Councilmember Duggan asked City Attorney Lehmann for thoughts on the legal basis for re-guiding land changes. Mr. Lehmann replied that it is set forth in statute. He pointed out that the Mississippi National Recreation Area (MNRA) is an important factor with regards to the bluff. However, one of the conditions on this resolution is that it be sent on to the MetCouncil for their comment, under MNRA. City Attorney Lehmann went on to say that staff has looked at the criteria and the area properties, which includes high-level multi-family residential developments. One of the criteria which was examined was whether this amendment would change the area. He said that an argument could be made that it does not, as low density does not fit the character of the area when looking at the surrounding properties. He added that one of the other criteria looked at was the size of the properties relative to the other density in the area. Councilmember Duggan asked what the motivation is for changing the land use now. Mr. Lehmann replied that he believes that the character of that area has changed such that it is not unreasonable for the property owners to request changing from low density residential to medium density residential. Counsel Lehmann stated this is a policy decision for the Council. However, staff has evaluated the area and the criteria and their recommendation is that it does not seem unreasonable for the Council to take a look at this request. Councilmember Duggan stated that he prefers waiting to see what the overall picture for the City might be as they think of 2040 Comprehensive Plan. Councilmember Paper asked for an explanation of the process from the last time this was done. City Attorney Lehmann replied that he did not have the history on The Oaks; however his understanding is that it would have been the same process. Councilmember Petschel replied that it was property that was zoned R-1 with multiple buildings and drainage issues. She said that the owner requested the Council change the guidance from single family to multi- family residential. The owner did not have a plan before the Council. The Council, at that point, changed the guidance from single-family residential to multi-family residential. Nothing page 10 happened for a significant period of time while the owner addressed multiple issues including ownership of the property, hooking up the utilities. Even the final plat was tweaked before that was approved. Councilmember Duggan replied that he believes these are two very different areas. The property being discussed is in the critical area bluff. Mayor Garlock commented that he believes that it is his obligation to look out for the rights of the property owners. This action gives these property owners the right to explore other options. It may not develop down the road; however, it is the Council’s duty to allow them to exercise their right. There being no further comments, Mayor Garlock called the vote. Councilmember Petschel requested a roll-call vote. Voting via voice: Ultan Duggan – nay Jay Miller – nay Joel Paper – aye Liz Petschel – aye Mayor Neil Garlock - aye The motion failed because it required a four/fifths vote, and instead received a three/fifths vote. B) RESOLUTION 2017-52 – APPROVING A CONDITIONAL USE PERMIT TO AMEND THE MENDOTA PLAZA PLANNED UNIT DEVELOPMENT – FINAL DEVELOPMENT PLAN, TO ALLOW CONSTRUCTION OF AN OFFICE BUILDING (PLANNING CASE 2017-12) Community Development Director Tim Benetti explained that this was a request by Firm Ground on behalf of Gemini Medical and Paster Properties LLC for a Conditional Use Permit (CUP) to amend the 2009 Mendota Plaza Planned Unit Development (PUD). They are seeking the approval to build a new 17,000 square foot office building. The property under consideration is located at South Plaza Drive and Dodd Road. Gemini Medical is a partner of Arthrex, an orthopedic medical device provider. The building would provide space for client hospitality, education, and would serve as the headquarters and primary offices for their administrative and sales teams. There would also be an area for shipping and receiving. Mr. Benetti shared an architectural rendering of the proposed building and the standards for approval of a PUD amendment. He explained how this project would meet those standards. The original PUD identified this 2.3 acre parcel as the location for a three-story 36,000 square foot office building. Gemini Medical is requesting to construct a one story office building. Mr. Benetti reviewed the parking, access and loading, grading and drainage, landscaping, lighting, and signage plans for this proposed site. page 11 Councilmember Paper asked for an explanation of the loading dock as he did not see it in the architectural renderings. Mr. Benetti replied that it would be located on the south side of the building. It is designed for a full-size tractor, however, it will mostly be used by panel trucks or delivery vans. Councilmember Duggan asked where the site would be accessed from. Mr. Benetti replied that with the anticipated minimal amount of daily traffic, the vehicles would probably be exiting onto South Plaza Drive to Dodd Road. Councilmember Duggan asked if the anticipated future increase in personnel had been addressed in this plan. Mr. Benetti replied that this would be addressed in the proof of parking. Councilmember Duggan asked how secure the retaining wall is in relation to potentially sloping into the proof of parking area. Mr. Benetti replied he is not aware of any potential issues, however, if it is later discover that the wall needs to be shored up, it would be Paster Properties’ responsibility. Councilmember Petschel, referencing the proof of parking area, asked what it type of surfacing it would be? Mr. Benetti replied that by ordinance it is required to be hard surface. Councilmember Petschel stated her concerns of water pooling in the area. Mr. Benetti replied that the underground stormwater management system will take care of most of the drainage issues. Councilmember Petschel stated that going forward, she believes that Paster Properties needs to look at something to address this issue. Councilmember Duggan asked if a condition could be made requiring that vehicles accessing the loading dock must come in off of South Plaza Drive. Mr. Benetti replied that he thought that route could be encouraged, but it would be hard to enforce. Councilmember Duggan asked about future signage. Mr. Benetti replied that the only signage they have shown so far on the plans are the wall signs. However, as part of any site plan, staff verifies that the signs will be outside of traffic sight lines. The PUD also has a master sign plan that they have to follow. Councilmember Duggan, as part of his motion to adopt, suggested one change to the resolution as follows: “WHEREAS, the conditional use permit to amend the PUD as comprehended understood herein would facilitate the construction of a new 17,000 sq. ft. office building for Gemini Medical; and . . .”. Mr. Benetti agreed to this edit. Councilmember Duggan moved to adopt RESOLUTION 2017-52 APPROVING A CONDITIONAL USE PERMIT TO AMEND THE 2009 MENDOTA PLAZA PLANNED UNIT DEVELOPMENT – FINAL DEVELOPMENT PLAN LOCATED AT 796-820 HIGHWAY 110 as amended. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2017-53 – APPROVING AN INTERIM USE PERMIT TO XCEL ENERGY FOR TEMPORARY OUTDOOR STORAGE AREA, LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE 2017-13: XCEL ENERGY – APPLICANT) Community Development Director Tim Benetti stated that this request was made by Mr. Brian Sullivan on behalf of Northern States Power a/k/a Xcel Energy. They are seeking an Interim Use Permit to allow page 12 for the temporary outdoor storage of gas pipes needed for work to be completed later this summer. The site is located off of Sibley Memorial Highway. The property is zoned B-1A Business Park and the commercial business district does allow for essential services, so this is an allowable permitted use. The gas line work is scheduled to begin in August 2017, with completion by late October 2017. Mr. Jake Sedlacek, representing Xcel Energy, provided a short presentation explaining that the Interim Use Permit is a request to store materials for a project. The project is fairly large in terms of impact; however, they hope to keep it out of the public eye and keep their facilities operating seamlessly. Councilmember Duggan, referencing the condition that explains that any extension of this interim use permit must be submitted to the City of Mendota Heights, asked who would pay for that extension. Mr. Sedlacek replied that Xcel Energy would be responsible for that cost. Councilmember Duggan asked approximately how far from the trail system would the materials be stored. Mr. Sedlacek replied that the pipes would be stored as far away as possible. Councilmember Duggan asked for someone to contact the City with a more detailed estimate. Councilmember Duggan asked what would happen during the transition of the gas and would there be a backup plan if things go wrong. Mr. Sullivan replied that the pipelines are welded together and all of the welds are x-rayed individually to ensure tight seals. The pipes are then tested. Councilmember Duggan suggested advisory signage at the site. Mr. Sedlacek replied that Xcel is working on a comprehensive signage plan that would provide the information. They noted that the better the community is informed, the easier it is for their workers on site. Councilmember Miller reminded the Xcel personnel about a very important fire department connection at this site that needs to be available for emergency vehicles. Councilmember Duggan pointed out a wording change needed under the Comprehensive Plan Analysis. Mr. Benetti replied that it would be changed to read “. . . will be . . .” Councilmember Paper asked how this was different from what was done last year at this location. Mr. Sullivan confirmed that this is the same type of project; same operation and same amount of storage. Mr. Sullivan also wanted it on the record that when this portion of the project is completed, it is not the end of the project. The pipelines to the east would still need to be replaced sometime in the future. Councilmember Petschel moved to adopt RESOLUTION 2017-53 APPROVING AN INTERIM USE PERMIT TO XCEL ENERGY FOR TEMPORARY OUTDOOR STORAGE YARD IN THE B-1A BUSINESS PARK DISTRICT, LOCATED AT 800 SIBLEY MEMORIAL HIGHWAY as amended. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 page 13 D) RESOLUTION 2017-54 – APPROVING A WETLANDS PERMIT TO ALLOW SWIMMING POOL AND RELATED IMPROVEMENTS, LOCATED AT 751 WILLOW LANE (PLANNING CASE 2017- 15) Community Development Director Tim Benetti explained that Mr. Mike Fritz of M&M Homes, representing Bob and Jane Reidell, has applied for a Wetlands Permit for the property located at 751 Willow Lane. This permit would help facilitate the installation of an in-ground swimming pool, accessory structure, pool deck, and landscaping. This property includes an existing single-family dwelling, is zoned R-1 Residential, and guided as low- density residential on the Comprehensive Plan. Mr. Benetti shared the purpose in issuing a wetlands permit as it provides for protection and preservation of the wetlands. Staff has requested the property owners provide the City with a 25-foot ‘no disturbance buffer’. Staff also asked for a small bond to make sure the buffer area is maintained after the improvements are made. Staff also indicated that the swimming pool requires a fence; and even though plans do not show a fence, it would be covered under this wetland permit. The owners have indicated that they would install a fence. Councilmember Petschel moved to adopt RESOLUTION 2017-54 APPROVING A WETLANDS PERMIT TO ALLOW A SWIMMING POOL WITH RELATED IMPROVEMENTS FOR THE PROPERTY LOCATED AT 751 WILLOW LANE. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 E) ADOPT CITY GOALS FOR 2017-2018 City Administrator Mark McNeill explained the list of the identified City Goals. 1. Recruit and Retain a Qualified Workforce 2. Address City Facilities, Infrastructure, and Equipment Needs 3. Create an Agreed Upon Vision for Development/Redevelopment Areas in the City 4. Enhance Parks and Recreation Services and Facilities 5. Address Natural Resource and Environmental Sustainability 6. Implement the 10 year Budget Plan Based on Ehlers Work 7. Establish a Comprehensive Communications Strategy 8. Conduct Dodd Road Traffic Analysis The action items identify who, when, why, and how the City would complete each goal. These goals will be the guiding forces for the City Council and staff for the next year and a half. Updates will be brought back to Council approximately every 90 days. Councilmember Petschel moved to adopt the Action Plan for 2017-2018 City Goals. Councilmember Duggan seconded the motion with a friendly amendment. He suggested that progress reports be provided on each action item going forward. Mr. McNeill replied that reports would be provided as available. page 14 Ayes: 5 Nays: 0 Councilmember Petschel expressed her appreciation to Ms. Jacobson for her excellent note-keeping and help through this process. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the fireworks display went well. COUNCIL COMMENTS Councilmember Petschel noted that she talked with the public works staff who were out working in the heat of the day at Friendly Hills Park. She expressed her gratitude for their hard work. She also complimented the new signage that is appearing in the parks. Councilmember Miller echoed a plea for the community to support our local businesses through this trying highway construction season. Councilmember Paper noted the upcoming annual Mendota Heights Athletic Association’s super weekend at Mendakota Park. It is quite an event that has been going on for decades. He also noted that School District 197 has a free meal program for kids 18 and under. They serve breakfast and lunch at the high school. Councilmember Duggan expressed congratulations to his granddaughter on her birthday. He noted that attendance at “Music in the Park” has been down. He encouraged residents to attend. Finally, he acknowledged Mayor Garlock for his accommodation of discussion at these meetings. ADJOURN Mayor Garlock moved to adjourn. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:08 p.m. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 15 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Work Session Held Tuesday, July 5, 2017 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 6:00 p.m. Councilmembers Miller, Paper, and Petschel were also present. Staff in attendance included City Administrator Mark McNeill. CLOSED MEETING TO DISCUSS PENDING PROPERTY ACQUISITIONS Mayor Garlock stated that pursuant to Minnesota Statute 13D.05, subd. 3(c), the City Council would be going into closed session to discuss pending property acquisitions. Those present included Mayor Garlock, Councilmembers Miller, Paper, and Petschel. Councilor Duggan arrived at 6:32 p.m. Also in attendance were City Administrator Mark McNeill, City Attorney Tom Lehmann, Public Works Director Ryan Ruzek, Community Development Director Tim Benetti, and Consultant Brian Mielke of KLJ. A motion to adjourn to a closed session to discuss pending property acquisitions was made by Councilmember Miller and seconded by Councilmember Paper. The motion passed 4-0. Motion by Petschel, seconded by Councilmember Duggan to reopen the meeting at 6:41 p.m. The motion passed 5-0. RETURN TO OPEN SESSION Mayor Garlock stated that no official action was taken by the Council in this closed session meeting. The Council will summarize the discussion at the next Council meeting. DISCUSSION OF VACANT LOTS City Administrator McNeill advised the Council that a community informational meeting for the Village lots development is tentatively set to be held at 6:30 p.m. on Monday, July 24th, at St. Paul’s United Methodist Church. The meeting would be held by developer Trammell Crow, and would allow neighbors of the project an opportunity to see the proposed residential development prior to any application material being submitted to the Planning Commission. Notifications were being sent to property owners within one- fourth of a mile. page 16 ADJOURN Motion by Mayor Garlock, seconded by Councilmember Duggan, to adjourn the meeting at 6:51 p.m. Motion carried 5-0. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 17 Request for City Council Action DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Start Times for Council Meetings—August 1st and November 7th COMMENT: INTRODUCTION The City Council is asked to set the meeting start times for the August 1st and November 7th Council meetings. BACKGROUND This year’s Night to Unite is scheduled for Tuesday, August 1st, which is the same night as a city council meeting. In years past, the city council has chosen to start their meeting on this night an hour later so that councilmembers can attend parties being held by various neighborhoods. This year’s School Board Election is scheduled for Tuesday, November 7th, which is the same night as a city council meeting. State law prohibits public meetings between the hours of 6:00 pm and 8:00 pm on the day that an election is held within a city. In years past, the city council has chosen to start their meeting an hour later. If this is the desire of the council, the official start time of the August 1st and November 7th city council meetings would be posted as 8:00 p.m. RECOMMENDATION If the council desires, a motion to approve changing the time of the August 1st and the November 7th city council meetings to 8:00 p.m. would be in order. Approval of this action requires a majority vote of the city council. page 18 DATE: July 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License-Holy Family Maronite Church INTRODUCTION The Council is asked to approve a temporary on-sale liquor license for Holy Family Maronite Church. BACKGROUND Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. Holy Family Maronite Church, located at 1960 Lexington Avenue South, is planning to hold their annual church festival September 8 - 10, 2017, on the church property. They have submitted an application for a Temporary On-Sale Liquor license to allow for the sale of beer during the event. Security will be present and liquor liability insurance has been obtained. The festival will include music, ethnic dance demonstrations, food booths, booths for kid’s games, a heritage booth, etc. The church is also requesting the use of the city hall parking lot for their overflow parking. It should be noted that Temporary On-Sale Liquor licenses have been issued in the past to charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDATION Staff recommends the City Council approve the Temporary On-Sale Liquor license for Holy Family Maronite Catholic Church, and also the use of the City Hall parking lot for their overflow parking. ACTION REQUIRED If the Council concurs, it should, by motion, approve a Temporary On-Sale Liquor license for Holy Family Maronite Catholic Church for September 8-10, 2017, and also the use of the City Hall parking lot for overflow parking. page 19 DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Amendment to City Administrator Employment Agreement COMMENT: Introduction The City Council is asked to consider an amendment to the Employment Agreement of the City Administrator. Background At a closed session of the Mendota Heights City Council on June 20, 2017, the City Council conducted an annual performance review and evaluation of City Administrator Mark McNeill. The Council has proposed increasing the City Administrator’s annual vacation accrual rate from 120 hours per year to 160 hours per year in recognition of Administrator McNeill’s past year’s performance. To accomplish the increase, an amendment to the Employment Agreement is needed. Staff has prepared, and the City Attorney has reviewed, the attached Amendment One to the City Administrator Employment Agreement. The proposed amends subsection (a) of Section 9, titled Vacation and Sick Leave of the Agreement. If approved, the Amendment would increase the City Administrator’s vacation accrual rate from 120 hours per year to 160 hours per year. The accrual rate would be effective retroactive to the City Administrator’s anniversary date of February 22, 2017. Budget Impact None. Recommendation Staff recommends approving Amendment One to the City Administrator Employment Agreement. Action Required If the Council concurs, it should, by motion, approve Amendment One to the City Administrator Employment Agreement. page 20 CITY OF MENDOTA HEIGHTS CITY ADMINISTRATOR FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT to the EMPLOYMENT AGREEMENT of the City Administrator executed February 17, 2015, is made and entered into this day of July, 2017, by and between the City of Mendota Heights, a municipal corporation (the “City”), and Mark McNeill (the “Employee”). WHEREAS, the City Council conducted its annual review and evaluation of the Employee on June 20, 2017; and WHEREAS, it is the desire of the City Council to amend the City Administrator Employment Agreement. NOW THEREFORE, the parties agree to the following amendment: 1. Subsection (a) of Section 9, titled Vacation and Sick Leave is hereby amended to provide for an increase in the Employee’s vacation rate from 120 hours per year to 160 hours per year. This shall be effective retroactive to his employment anniversary date of February 22, 2017. This amendment was reviewed and considered by the City Council and approved by the City Council of the City of Mendota Heights, on July , 2017. EMPLOYEE CITY OF MENDOTA HEIGHTS Mark McNeill Neil Garlock, Mayor Date ATTEST: Lorri Smith, City Clerk Date page 21 REQUEST FOR COUNCIL ACTION DATE: July 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Approve Private Water Main Agreement for the Mendota Plaza Expansion COMMENT: INTRODUCTION The Council is asked approve a Private Water Main Agreement between the City of Mendota Heights, St. Paul Board of Water Commissioners (Board), Mendota Mall Associates, and Mendota Plaza Apartments. BACKGROUND Mendota Plaza is a commercial retail development supplied with water for domestic use and fire protection from an existing private water main installed on the property in 2009. The property is owned by four entities: • Mendota Mall Associates – WAG, LLC, • Mendota Mall Associates, LLC, • Mendota Mall Associates – Outlots, LLC, and • Mendota Plaza Apartments, LLC. At this time the owners are approved to expand the development which requires extension of the private water main to provide additional domestic and fire protection water use. DISCUSSION A previous Private Water Main Agreement between Mendota Mall Associates, LLP and the Board for this same property was approved September 8, 2009. The easement area dedicated at that time is not sufficient for the proposed extension of the existing private water main. A new agreement has been drafted by St. Paul Regional Water Service which will terminate the 2009 Agreement, and provide for a 30-foot wide easement for the existing private water main and the proposed extension of the same. BUDGET IMPACT None RECOMMENDATION Staff recommends that council approve the Private Water Main Agreement for the Mendota Plaza Expansion. page 22 ACTION REQUIRED If Council wishes to enact the staff recommendation, it should pass a motion approving the Private Water Main Agreement and authorizing the Mayor and City Administrator to execute the document. This action requires a simple majority vote. page 23 page 24 page 25 page 26 page 27 page 28 page 29 page 30 page 31 page 32 DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator Terry Blum, Public Works Supervisor SUBJECT: Retirement of Michael Maczko and Recruitment to fill a Maintenance III Position within Public Works COMMENT: Introduction The City Council is asked to accept the retirement notice of Michael (Mike) Maczko, Public Works Maintenance III worker and authorize staff to begin the recruitment process to fill the position. Background Mike Maczko has submitted a letter informing the City of his intent to retire as a Maintenance III worker within the Parks Division of Public Works. Mike’s last day with the City be will be Monday, July 31, 2017. Mike joined the Public Works Department in September, 1983. Mike is responsible for the maintenance and upkeep of City parks. He has been a dedicated employee for over 30 years and valuable team member, always quick to respond when needed. We wish Mike well in his retirement and his services and contributions will be greatly missed. With Mike’s retirement, staff is requesting authorization to begin the recruitment process to fill a Maintenance III worker position within the Public Works Department. The 2016 – 2017 Teamsters Labor Agreement requires the City to post job vacancies within the designated bargaining unit for five working days so that members of the bargaining unit can be considered for the vacancy. Budget Impact The Maintenance III position is a budgeted position within the Public Works Department. The Maintenance III position wage is $29.50 per hour based on the 2016-2017 Teamsters Labor Agreement. Recommendation Staff recommends accepting the retirement notice of Mike Maczko and authorizing staff to begin the recruitment process to fill the position of Maintenance III worker. Action Required page 33 If the Council concurs, it should, by motion, accept the retirement notice of Mike Maczko as a Maintenance III worker from the Public Works Department and authorize staff to begin the recruitment process to fill the Maintenance III worker position. page 34 DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator Sloan Wallgren, Recreation Program Coordinator SUBJECT: Approval of Par 3 Maintenance Worker Lead Position COMMENT: Introduction The City Council is asked to consider approval of a Golf Course Maintenance Worker Lead position, and related actions. Background For several years following the City’s purchase of the Par 3 in 2007, the maintenance of the course was provided by an outside contractor. In 2012, the City modified the agreement with the contractor and began having the day-to-day maintenance completed by seasonal city employees, and had the more specialized turf management services provided by the contractor. This is still the maintenance arrangement at the golf course today. Seasonal golf course maintenance positions consist of one job class/job description with a position title of Golf Course Maintenance Worker. The City employs two seasonal staff in this position. Since taking over the day-to-day maintenance of the golf course, the responsibility of coordinating the necessary maintenance work has evolved and staff has identified the need for a lead worker position. The proposed position of Golf Course Maintenance Worker Lead reflects the additional day-to- day responsibilities associated with the coordination of golf course maintenance. The Golf Course Maintenance Worker Lead position will serve as a working foreman at the golf course in the maintenance and repair of the grounds and clubhouse. The position will act as on on-site leader providing work direction to other seasonal golf course maintenance staff, coordinate and plan course maintenance activities, serve as a first point of contact for staff and the public and provide an onsite presences at the course. If the position is approved, an amendment to the Seasonal Staff Pay Matrix to reflect the addition of the Golf Course Maintenance Worker Lead position should be approved. The placement of page 35 the new position is proposed to be the same as existing Recreation/Playground Lead staff, and result in an hourly pay range of $13.00 to $13.75. Further, if the position and amendment to the pay matrix is approved, staff is recommending that Tom Clifford be designated as the Golf Course Maintenance Worker Lead for the remainder of the 2017 golf season. Tom is currently a Golf Course Maintenance Worker who has taken on the additional job duties and responsibilities identified in the proposed lead position. Tom has been a seasonal employee for the past five golf seasons. Attachments: Proposed/Draft Golf Course Maintenance Worker-Lead Job Description Proposed Amended 2017 Seasonal Staff Pay Matrix Budget Impact There will no impact to the adopted 2017 budget for the Par 3 Golf Course. With the new position and changes to the Seasonal Staff Pay Matrix, the budget line item for Golf Course Maintenance Wages will still come in under the budgeted amount of $18,000 for the year. Recommendation Staff recommends approval of the newly created Golf Course Maintenance Worker Lead position and amendment of the Seasonal Staff Pay Matrix to include the Golf Course Maintenance Worker Lead position at a pay rate of $13.00 to $13.75 per hour. Staff further recommends that Tom Clifford who is currently performing the duties of the Golf Course Maintenance Worker Lead position be designated as such and that the changes are retroactive as of April 1, 2017. Action Required If the Council concurs, it should, by motion, approve the following actions: • Approve the new position of Golf Course Maintenance Worker Lead; • Approve an amendment to the Seasonal Staff Pay Matrix to include the position; and • Designate Tom Clifford as the Golf Course Maintenance Worker Lead for the remainder of the 2017 golf season. page 36 POSITION CLASSIFICATION TITLE: Golf Course Maintenance Worker Lead (Seasonal part-time/non-exempt) DEPARTMENT: Recreation ACCOUNTABLE TO: Recreation Program Coordinator JOB SUMMARY This position is responsible for various maintenance functions as needed. Involves responsibility and accountability for the service and safety of the Mendota Heights Par 3 patrons, care for the clubhouse, maintenance shop and coordination of work on the golf course grounds. ESSENTIAL JOB FUNCTIONS 1. Supervise, plan and perform a wide variety of golf course maintenance tasks including, but not limited to, mowing, trimming, weed control, watering, fertilizing, aerating, seeding, pesticide application and disease prevention of course turf, greens, tees, and fairways. 2. Provide work direction to Golf Course Maintenance Worker staff. 3. Perform daily light maintenance on the clubhouse and grounds to ensure a clean atmosphere. 4. Operate mowers, weed whips and other power equipment needed to maintain the turf. 5. Repair and maintain the golf course equipment and facilities as assigned. 6. Inventory supplies as directed and report needs to the Recreation Program Coordinator. 7. Enforce course policies and procedures. 8. Be courteous and sincere in all relations and matters dealing with the public. 9. Complete required report forms in a timely manner. 10. Attend staff meetings and staff training sessions as required. 11. Willingness to learn operation of the irrigation system and assist in operation of the irrigation system as needed. KNOWLEDGE, SKILLS AND ABILITIES: Skill in the use of all tools, equipment and vehicles associated with the work. General mechanical knowledge and ability to work with small machinery. Knowledge of the principles and practices of turf/grass management and disease control Knowledge of the rules and etiquette of golf. Must be able to communicate and interact with the public and co-workers in a positive manner and maintain good public relations. Must be able to physically perform the job duties and be willing to work in a variety of weather conditions. Ability to move/lift up to 50 lbs. Ability to work independently and make responsible decisions according to established procedures. MINIMUM QUALIFICATIONS Must have a High School Diploma or Equivalent. Must have a valid Minnesota driver’s license and a good driving record. 2 years’ experience in operating grounds-keeping equipment page 37 DESIRED QUALIFICATIONS: Education background in golf course maintenance. Previous experience as it relates to golf course maintenance. Previous experience providing work direction to others. page 38 City of Mendota Heights 2017 Seasonal Staff Pay Matrix Pay Matrix for Part Time Seasonal Recreation Employees Step 1 Step 2 Step 3 Step 4 Recreation Staff I: • This class includes entry level recreation positions. • includes Clubhouse worker, Rink Attendant, Parks/Tennis Helper, Field Attendant. 9.50 9.75 Recreation Staff II: • This includes positions which oversee youth without direct supervision, and may have contact with parents regarding programs and youth. • includes Tennis Assistant, Recreation/Playground Assistant, Rink Flooder 9.75 10.00 10.25 10.50 Public Works Seasonal Staff Positions consist of seasonal public works staff in the parks, streets and utilities divisions of the public works department. Responsibilities are determined by division but primarily consist of assisting regular full-time public works employees with seasonal job assignments. Responsible for the safe operation of maintenance equipment and performance of all other assigned duties. 10.00 10.25 10.50 10.75 Recreation Staff III: This includes positions which serve as an on-site leader for recreation programs, participates in program planning and serves as a first point of contact for parents and staff alike. • Includes Tennis Lead, Par 3 Instructors Assistant • Recreation/Playground Lead/Golf Course Maintenance Worker Lead* 12.00 *13.00 12.25 *13.25 12.50 *13.50 12.75 *13.75 Instructors Instructors for Par 3, Tennis Programs and the Learn to Skate Program have documented qualifications to instruct youth and adults, and are expected to communicate effectively with program participants and parents. 22.00 22.25 22.50 22.75 Pay Matrix for Part Time Seasonal Recreation Employees Step 1 Step 2 Step 3 Step 4 Recreation Staff I: 9.50 9.75 Recreation Staff II: 9.75 10.00 10.25 10.50 Recreation Staff III: 12.00 12.25 12.50 12.75 Instructors 22.00 22.25 22.50 22.75 page 39 Request for City Council Action MEETING DATE: July 18, 2017 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief SUBJECT: June 2017 Fire Synopsis COMMENT: Fire Calls The department responded to 33 calls for the month. Of those calls, 25 were located in Mendota Heights, two in Mendota, two in Sunfish Lake, and two in Lilydale. In addition, we had two fire calls from neighboring departments for mutual aid. Eight of the 20 calls were either good intent or false alarms, four of the 20 calls were EMS in nature, four calls were grass/brush fires, three were appliance fires, one was a burning recycling receptacle, five calls were utility checks/issues, and five calls were cancelled en route. Monthly Department Training This month’s department drill focused on relay pumping. Relay pumping is when we have to pump water for long distances to get to the actual fire. This can be due to a long distance from a hydrant to a home that may have a very long setback, or possibly in an area where we have to bring our own water and push it a long distance. The drill involves using multiple fire engines to boost the water pressure as it goes to the extended distance as needed. This drill requires excellent communications from truck to truck for it to work properly. Monthly Squad Training Squad drill this month was dedicated to testing our firefighters on their truck pumping skills. All firefighters that have been approved to drive and pump the trucks are required by our department to annually retest their skills. The only firefighters that are exempt from being tested are our newest firefighters who may not have already been certified to drive and pump with the trucks. page 40 MENDOTA HEIGHTS FIRE DEPARTMENT JUNE 2017 MONTHLY REPORT FIRE CALLS NO. 17114 -17146 NUMBER OF CALLS:33 FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE ACTUAL FIRES Structure - MH Commercial $0 Structure - MH Residential 1 *$300 $145,800 Structure - Contract Areas 1 **$50 $50 Vehicle - MH $2,000 Vehicle - Contract Areas $0 Grass/Brush/No Value MH 3 Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES MEDICAL Assist 4 $0 $350 $0 Extrication HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS Spills/Leaks 1 Arcing/Shorting 3 ALL FIRES, ALL AREAS (MONTH)$350 $147,850 Chemical Power Line Down 1 MEND. HTS. ONLY STRUCT/CONTENTS $145,800 FALSE ALARM Residential Malfunction 1 MEND. HTS. ONLY MISCELLANEOUS $2,000 Commercial Malfunction 2 Unintentional - Commercial MEND. HTS. TOTAL LOSS TO DATE $147,800 Unintentional - Residential 2 Criminal BILLING FOR SERVICES GOOD INTENT Smoke Scare 1 AGENCY THIS MONTH TO DATE Steam Mistaken for Smoke 1 Other 10 MN/DOT $0 MUTUAL AID 2 MILW. RR $0 CNR RR $0 TOTAL CALLS 33 OTHERS: $0 LOCATION OF FIRE ALARMS:TO DATE LAST YEAR TOTALS:$0 $0 MENDOTA HEIGHTS 25 108 85 MENDOTA 2 6 3 FIRE MARSHAL'S TIME FOR MONTH SUNFISH LAKE 2 9 13 LILYDALE 2 16 8 INSPECTIONS 34 OTHER 2 7 9 INVESTIGATIONS 0 TOTAL 33 146 118 RE-INSPECTION 0 WORK PERFORMED HOURS TO DATE LAST YEAR MEETINGS 0 FIRE CALLS 446 2007.5 1812.5 MEETINGS 35 230.5 215 ADMINISTRATION 18 DRILLS 142.5 939.5 1044 WEEKLY CLEAN-UP 41.5 208 234.5 SPECIAL PROJECTS 3.5 SPECIAL ACTIVITY 157 1157 1185.5 ADMINISTATIVE 0 0 TOTAL 55.5 FIRE MARSHAL 55.5 272 255 TOTALS 877.5 4814.5 4746.5 REMARKS:SEE OTHER SIDE FOR SYNOPSIS * Dumpster or outside trash receptacle fire ** Cooking fire, confined to container page 41 page 42 page 43 page 44 page 45 page 46 page 47 page 48 page 49 page 50 page 51 page 52 page 53 REQUEST FOR COUNCIL ACTION DATE: June 20, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Public Hearing on MnDOT Highway 149 (Dodd Road) Rehabilitation Project and Request for Municipal Consent – Continuation from June 20, 2017 COMMENT: INTRODUCTION The Minnesota State Department of Transportation (MnDOT) is planning to rehabilitate State Trunk Highway 149 (Dodd Road) in 2018. As part of the design process, MnDOT needs to ask for local government approval of any external access changes to the State facility. BACKGROUND The project is being developed to improve multiple aspects of Highway 149. The pavement structure will be restored and the ride smoothness increased by resurfacing. Pedestrian safety and ADA improvements will be made by updating infrastructure to meet current ADA guidelines. Drainage infrastructure will be improved by repairing or replacing deficient infrastructure. In order to properly request local government approval, there needs to be a Public Hearing before the local governmental body, which in this case iw the Mendota Heights City Council. The Public Hearing for Municipal Consent is for storm sewer work outside the Highway 149 (Dodd Road) Right-of-Way. DISCUSSION A Public Hearing for the Municipal Consent consideration was opened, but subsequently tabled at the June 20, 2017 City Council meeting, to make certain that all affected properties received a notice of the Hearing. Notices were mailed on July 6th to the 10 affected properties. Staff has not received any questions or comments prior to the meeting. MnDOT will be establishing drainage easements and property acquisitions from the Right-of- Way, into adjoining properties. The attached right-of-way exhibits show the locations of the drainage easements. The attached Resolutions (2017-56) provides the City Council with three options for acting on the requested Municipal Consent. The Council may: page 54 - Approve Municipal Consent, - Waive Municipal Consent, or - Disapprove Municipal Consent. Approving Municipal Consent is self-explanatory. Waiving Municipal Consent is essentially a “non-objection,” or a “non-disapproval” of the proposed layout. Disapproving Municipal Consent says the City disapproves of the layout and MnDOT would have three courses of action as outlined in the attached Statutes 161.162 - 161.167. BUDGET IMPACT None RECOMMENDATION Staff recommends Council approve Municipal Consent by adopting the first version (“Approve”) of attached Resolution 2017-56 ACTION REQUIRED If Council wishes to act on the staff recommendation, it should pass a motion adopting Resolution 2017-56, RESOLUTION APPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT. If Council wishes to take a different action, it should pass a motion adopting either Resolution 2017-56, RESOLUTION WAIVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT, or Resolution 2017-56, RESOLUTION DISAPPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT LAYOUT. Any of these actions require a simple majority vote. page 55 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-56 RESOLUTION APPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 1917-45 on Trunk Highway 149, from I494 to Delaware Ave. within the City of Mendota Heights for pavement, drainage and ADA improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District Minnesota Department of Transportation office, Roseville, Minnesota, being marked as Layout No. 1 and 1A, S.P. 1917- 45, from R.P. 4+00.149 to 8+00.468. NOW, THEREFORE, BE IT RESOLVED that said final layout for the improvement of said Trunk Highway 149 (Dodd Road) within the corporate limits be and is hereby approved Adopted by the City Council of the City of Mendota Heights this 18th day of July, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 56 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-56 RESOLUTION DISAPPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 1917-45 on Trunk Highway 149, from I494 to Delaware Ave. within the City of Mendota Heights for pavement, drainage and ADA improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District Minnesota Department of Transportation office, Roseville, Minnesota, being marked as Layout No. 1 and 1A, S.P. 1917- 45, from R.P. 4+00.149 to 8+00.468; and WHEREAS, the City of Mendota Heights recognizes the Commissioner of Transportation’s right to appeal a disapproval decision to an appeals panel as described in Minnesota Statutes 161.162 to 161.167. NOW, THEREFORE, BE IT RESOLVED that the City Council disapproves municipal consent, described in Minnesota Statutes 161.162 to 161.167, of the final layout for SP 1917-45 for the improvement of said Trunk Highway 149 (Dodd Road) within the corporate limits. Adopted by the City Council of the City of Mendota Heights this 18th day of July, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 57 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-56 RESOLUTION WAIVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT WHEREAS, the Commissioner of Transportation has prepared a final layout for State Project 1917-45 on Trunk Highway 149, from I494 to Delaware Ave. within the City of Mendota Heights for pavement, drainage and ADA improvements; and seeks the approval thereof, as described in Minnesota Statutes 161.162 to 161.167; and WHEREAS, said final layout is on file in the Metro District Minnesota Department of Transportation office, Roseville, Minnesota, being marked as Layout No. 1 and 1A, S.P. 1917- 45, from R.P. 4+00.149 to 8+00.468; and NOW, THEREFORE, BE IT RESOLVED that the City Council waives the municipal consent approval action, described in Minnesota Statutes 161.162 to 161.167, of the final layout for SP 1917-45 for the improvement of said Trunk Highway 149 (Dodd Road) within the corporate limits. Adopted by the City Council of the City of Mendota Heights this 18th day of July, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ________________________________ ATTEST Neil Garlock, Mayor _________________________ Lorri Smith, City Clerk page 58 page 59 page 60 page 61 page 62 page 63 page 64 page 65 page 66 page 67 page 68 page 69 page 70 EXISTING ACCESS CONTROL PROPOSED ACCESS CONTROL EXISTING RIGHT OF WAYPERMANENT EASEMENTPROPOSED NEW RIGHT OF WAY/PROPOSED TEMPORARY EASEMENTLEGENDXXTopographic information required:Show north arrow.Proposed R/W line & access taking.Lot lines & dimensions.Streets or highway frontage.Outline & location of buildings & improvements.MINNESOTA DEPARTMENT OF TRANSPORTATIONRIGHT OF WAY PARCEL LAYOUTMI NNESOTADEPARTMENTOFTRANSP ORTAT ION Mn/DOT parsk.celC.S.1917(149=1)902S.P. 1917-45COUNTY DAKOTAScale 1" = 30ft.Date 3/27/2017Layout sketch by REJParcel No. 38PARCEL NO. 38XMARIE AVEOWNER CITY OF MENDOTA HEIGHTSPERMANENT AREA = 1620 SQ.FT. T.E. AREA = 942 SQ.FT.DO D D R OA D T H 1 4 9 T.E. PAR. 38BLOCK 1PARCEL 3810'10'34'45'page 71 DATE: July 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Welcoming City Discussion COMMENT: INTRODUCTION At the July 18th meeting, the City Council will hear a the Police Chief present existing Police Department, and Dakota County Sheriff’s Office practices and policies, as they relate to Mendota Heights being a “Welcoming City”. BACKGROUND Members of the community have approached the City about Mendota Heights adopting a “Welcoming City” policy. Police Chief Kelly McCarthy will present the current practices and policies which have been adopted by the City of Mendota Heights, and other applicable Dakota County Sheriff’s Office practices, as those might relate to this discussion. RECOMMENDATION It is the recommendation of the Police Chief and me to continue with the City’s existing policies and practices. ACTION REQUIRED The Council is asked to affirm current local police policies and practices. Mark McNeill City Administrator page 72 DATE: July 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Planning Commissioner Appointment COMMENT: INTRODUCTION At its meeting of July 18th, the Council will be asked to appoint a Planning Commissioner to fill the vacancy left by the resignation of Howard Roston. BACKGROUND As a result of the resignation, notices of the vacancy were advertised, and a total of seven Mendota Heights residents submitted applications to be considered for the position. On July 17th, six of those candidates will be interviewed by the full City Council (one candidate has subsequently withdrawn his name from consideration). Following the interviews, it is expected that the Council will be in a position to make an appointment at the regular meeting the next evening. That appointment should be done by resolution. The term of the office will be for the unexpired portion of Mr. Roston’s term, which will expire January 31, 2020. RECOMMENDATION The Council should appoint the next Commissioner by means of adopting the attached resolution, by filling in the blank for the name. ACTION REQUIRED If the Council concurs, it should, by motion, adopt the following resolution: Resolution 2017-55 A RESOLUTION APPOINTING A CANDIDATE TO FILL A VACANCY ON THE PLANNING COMMISSION page 73 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - 55 A RESOLUTION APPOINTING A CANDIDATE TO FILL A VACANCY ON THE PLANNING COMMISSION WHEREAS, the City Council of the City of Mendota Heights benefits from the active participation of citizens in representing the City on boards and commissions; and WHEREAS, the Planning Commission serves as an advisory body to the City Council in addressing general matters of planning, including zoning, new development, redevelopment plans, transportation issues, and platting, which impact the City; and, WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights resident ________ to serve the City on the Planning Commission. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights, Minnesota, that it does hereby appoint _____________ to the Planning Commission, to fill the unexpired term of Howard Roston, which will expire January 31, 2020. Adopted by the Mendota Heights City Council this 18th day of July, 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS ______________________________ ATTEST: Neil Garlock, Mayor _____________________________ Lorri Smith, City Clerk page 74 DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Award Contract for Fire Department Connection to Dakota County Fiber Ring COMMENT: Introduction The City Council is asked to award a contract for the purchase and installation of conduits, fiber optic cable and switches to connect the Fire Station to the Dakota County fiber ring. Background At its June 6 meeting the City Council approved the release of Request for Quotations (RFQ) for the installation of conduits and fiber optic cable to City Hall, the Fire Department and Public Works buildings with the purpose of connecting all three buildings to the Dakota County fiber ring or Institutional Network (I-Net). Of the three locations, the shortest connection is that to the Fire Department building, as Dakota County fiber is located across the street, running along Dodd Road. LOGIS, acting as project manager for the City, released the RFQs and received three price quotes for the Fire Department connection by the June 30 deadline. The cost of materials and installation ranged from $10,962, to $17,112. LOGIS has reviewed the quotes and is recommending accepting the lowest quote of $10,962, submitted by Comlink. Comlink is a state approved contractor and a vendor with which LOGIS has worked before. In addition to materials and installation of the connection by Comlink, the replacement of switches by LOGIS is needed to complete the connection. The cost of the new switches is $6,000, bringing the total cost to complete the project to $16,962. If the contract award is approved, staff recommends that LOGIS continue to serve as project manager on behalf of the City. The anticipated timeline for installation would be to begin work in the first half of August with completion by the end of September. Budget Impact The costs of connecting the Fire Department to the I-Net is the responsibility of the City, as it is considered a lateral connection to the Dakota County fiber ring. The total cost to complete the connection of the Fire Department to the I-Net is $16,962. page 75 If approved, funds would be available from the Cable Fund to cover costs. Recommendation Staff recommends awarding a contract for the purchase and installation of conduits and fiber optic cable to Comlink in the amount of $10,962. Staff further recommends that LOGIS continue to serve as project manager of the Fire Department fiber connection project, and that approval of the purchase of switches by LOGIS necessary to the connection be granted. Action Required If the Council concurs, it should, by motion, approve the following: • Award the contract for purchase and installation of conduits and fiber optic cable to Comlink in the amount of $10,962; • Approve the purchase of switches by LOGIS in the amount of $6,000; and • Approve LOGIS as the project manager for the completion of the Fire Department fiber connection project. page 76 DATE: July 18, 2017 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator SUBJECT: Authorize the Release of Request for Quotations for Fiber Installation and Connections at City Hall and Public Works Buildings to the Dakota County Fiber Ring COMMENT: Introduction The City Council is asked to authorize the release of three updated Request for Quotations for installation of conduit and fiber optic to connect to the Dakota County fiber ring, and to complete lateral connections to City Hall and Public Works buildings. Background At its June 6 meeting, the City Council approved the release of Request for Quotations (RFQ) for the installation of conduits and fiber optic to City Hall, the Fire Department and Public Works buildings, for the purpose of connecting all three buildings to the Dakota County fiber ring. LOGIS, acting as project manager for the City, released the RFQs and received price quotes for the work identified. A recommendation to authorize work from one of those quotes (the lateral extension to the fire station) is elsewhere on the July 18th agenda. In parallel, City staff has been working with Dakota County Information Technology staff to determine timing, project management, and financing of the City’s connections. Dakota County and the county-wide broadband technology group have a vested interest in the City’s proposed projects as they complete an identified gap in the greater county fiber infrastructure. With Dakota County’s agreement to assist in financing and supplying materials for the Mendota Heights gap in the fiber ring, staff is now seeking the authorization to release three updated Request for Quotations. The first updated RFQ only seeks price quotes from qualified vendors for the installation of conduit and fiber optic to connect to the Dakota County fiber backbone according to Dakota page 77 County specifications. However, it does not include materials. The second and third updated RFQs seek quotes to complete the lateral connections from the Dakota County fiber backbone to City Hall and Public Works. These quotes need to be updated as the original requests included portions of costs for the backbone infrastructure construction, as well as the lateral construction. This seeks the cost of labor and materials for the lateral connections. Budget Impact There is no immediate budget impact for the release of the Request for Quotes. If it is determined to go ahead with installation, the City’s portion of costs would be paid with funds made available from the City Cable Fund. For an idea of the scope of the potential expenditure, what is being sought would be the labor-only portion of work which had been quoted at approximately $106,000, when materials were included. Recommendation Authorize LOGIS as project manager for the City, to release three updated Request for Quotations for installation of conduit and fiber optic. Action Required If the Council concurs, it should, by motion, authorize the release of three updated Request for Quotations: • For the installation of conduit and fiber optic to connect to the Dakota County fiber ring; • To complete a lateral connection from Dakota County fiber to City Hall; and, • To complete a lateral connection from Dakota County fiber to the Public Works building. page 78 Mendota Height City Hall Fiber Optic Project Page 4 City Hall Fiber Route page 79 Mendota Height Public Works Fiber Optic Project Page 4 Public Works Fiber Route page 80 DATE: July 18, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Warming House Quotes COMMENT: INTRODUCTION The City Council will be asked to award a contract for the demolition of the current warming house at Friendly Hills Park, and construction of a replacement. BACKGROUND At its July 5th meeting, The Council was advised that two quotes had been solicited and received for the work on a new 14 ft. x 28 ft. warming house at Friendly Hills Park. Because of the scope of the project, it was recommended that additional contractors be contacted for possible interest. A contract for construction was therefore not awarded at that meeting. The two previous contractors were advised that they could maintain, modify, or withdraw their proposals. Four additional builders were contacted; at least one quote was obtained from that group. It is possible that one additional quote may be submitted, but that was not available as of the time of this writing. The previous two bidders appear to still be interested, but indicated that their quotes will not be available until Monday, July 17th. Therefore, the Council will be advised of the status of all of the quotes once they are received on Monday. BUDGET IMPACT: This project would be paid for out of the Special Parks Fund, which currently has a balance of $630,000. RECOMMENDATION: A recommendation for an award of contract will be made by staff at the City Council meeting the following evening. page 81 ACTION REQUIRED Upon receipt of the quote information, the Council will be asked to award a contract for the demolition of the existing warming house, and construction of a new one at Friendly Hills Park. Mark McNeill City Administrator page 82 DATE: July 18, 2017 TO: Parks and Recreation Commission FROM: Mark McNeill, City Administrator SUBJECT: Friendly Hills Warming House Contract Introduction The City Council is asked to award a contract for building a new warming house at Friendly Hills Park. Background The Parks and Recreation Commission has previously recommended reconstructing each of the City’s three warming houses until they have all been replaced. The Friendly Hills Park warming house is scheduled to be replaced in 2017. Earlier, staff obtained two quotes to demolish the existing warming house and build a new warming house. However, given the size of the prospective contract, it was recommended at the th July 5 City Council meeting that additional quotes should be obtained; the two firms which had submitted the earlier quotes could withdraw, amend, or maintain their earlier quotes. Four other contractors were contacted; three of those declined to bid as they couldn’t accommodate the additional work at this point in the construction season. However, one of those additional companies did submit a bid. In the end, the three quotes to be considered are: Kirchner Contracting, Inc. $38,120 Paper Brothers Construction Inc. $42,500 Meisinger Construction $76.100 Based on the quotes received, staff recommends awarding the contract to Kirchner Contracting, Inc. Budget Impact This project would be paid for out of the Special Parks Fund, which currently has a balance of $630,000. Staff Recommendation Staff recommends awarding Kirschner Contracting, Inc., the contract to remove the existing warming house at Friendly Hills Park and replace it with a new 14 ft. by 28 ft. warming house. Required Action If the Council concurs, it should, by motion, award a contract to Kirschner Contracting, Inc. to demolish and replace the warming house at Friendly Hills Park at a total cost of $38,120.