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2017-08-01 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 1, 2017 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 8:00 p.m. Councilmembers Duggan, Paper, and Miller were also present. Councilmember Petschel arrived at 8:04 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember 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 Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items c) Acknowledge June 27, 2017 Planning Commission Meeting Minutes, � Authorize RFP for Animal Control Services, and i) Approval of Claims List. a. Approval of July 18, 2017 City Council Minutes b. Approval of July 17, 2017 City Council Work Session Minutes c. Acknowledge June 27, 2017 Planning Commission Meeting Minutes d. Approval of Resolution 2017-59, Call for a Public Hearing on an Easement Vacation at 950 Mendota Heights Road — St. Thomas Ice Arena e. Accept Resignation of Sloan Waligren, Recreation Program Coordinator and Authorize the Recruitment Process to fill the Recreation Program Coordinator Position -Councilmember Duggan and Mayor Garlock expressed their regrets at the departure and wished Mr. Wallgren well in his future endeavors. f. Authorize RFP for Animal Control Services August 1, 2017 Mendota Heights Ciry Council Page 1 of 8 g. Approval of Resolution 2017- 60, Support of Robert Street Funding -City Administrator Mark McNeill noted a couple of descriptive words that were changed and the revised resolution was at the Councilmembers seating places. h. Approval of June 2017 Treasurer's Report i. Approval of Claims List Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM C) ACKNOWLEDGE JUNE 27, 2017 PLANNING COMMISSION MEETING MINUTES Councilmember Duggan questioned a section of the Planning Commission minutes that referenced the City of St. Paul. He asked if that should be the City of Lilydale. Community Development Director responded that the minutes should have stated City of Lilydale and the amendment will be made. Councilmember Duggan moved to acknowledge June 27, 2017 Planning Commission minutes as revised. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 F) AUTHORIZE RFP FOR ANIMAL CONTROL SERVICES Councilmember Duggan questioned if the annual budget of $5,000 is an accurate amount. Councilmember Petschel replied that the budget amount includes the $300 per month retainer fee plus additional costs for unclaimed animals. City Administrator Mark McNeill replied that Councilmember Petschel was correct. Councilmember Duggan moved to authorize a Request for Proposals for animal control services. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF CLAIMS LIST Councilmember Duggan questioned the Foth Infrastructure — Sump Pump Inspections claim of $20,514.44. He asked how many inspections have been completed. Public Works Director Ryan Ruzek replied that the contract was for 2,000 homes to have sump pump inspections completed. Foth Infrastructure has inspected approximately 1,900. The project will be substantially under budget. The original contract amount was $215,000 and the total billing currently is approximately $80,000. It is anticipated, as inspections continue for the remainder of this month, that the total billing will be approximately $100,000, which is roughly one-half of the contracted amount. Azcgust 1, 2017 Mendota Heights City Cou��cil Page 2 of 8 Councilmember Petschel stated that she would like to see a report when the first phase is ended, about what discoveries have been made and what the level of compliance has been. Councilmember Duggan questioned the US Bank monthly transactions amount of $6,366.78. Finance Director Kristen Schabacker replied that this was for purchases made by City employees and not fees that were charged for credit card processing. Councilmember Duggan moved to approve the Claims List. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Bruce Vatne, 2205 Bent Tree Lane, commented on the terrific service they received from the Police Department. He and his wife had a call approximately a week ago about an abandoned car in front of their house. Within five minutes an officer was on the site. The response was very quick. In June, they had a medical emergency and they called 911. Again, an officer was there within five minutes. He wanted to let people know that they really appreciate the job that the Police are doing and requested that his comments be passed on to the Police Chief. Councilmember Petschel added that the Vatne's did exactly what they were supposed to do when they saw a car parked there that did not belong. It turned out to be an important piece of evidence. Mayor Garlock also commented that 9-1-1 is the preferred method because the operator will have all of your information on their console readily available. People living in a neighborhood know when something is out of place better than the police officer who patrols the area. He stated that residents should not hesitate to ca11911. PRESENTATIONS No items scheduled. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017- 61, APPROVING A DEVELOPMENT AGREEMENT AND TIF NOTE FOR MICHAEL DEVELOPMENT City Attorney Andy Pratt explained that this request was for a contract for private development between the City of Mendota Heights and Michael Development Minnesota, LLC. In June 2017, the Council held August 1, 2017 Mendota Heights Ciry Council Page 3 of 8 a public hearing for the Tax Increment Financing (TIF) assistance. The developer is proposing a 69 unit apartment building on the former Mendota Motel property. There may be, in the future, a second phase to this development; however, this resolution and contract only covers this first phase. As part of the TIF plan, there is a proposal for a Tax Increment Financing note to be provided to the developer in the maximum amount of $634,000. This is not an out-of-pocket outlay by the City. It would be in the City's TIF District #2 and, as TIF revenues are created through the development, a portion of the money would be allowed to be sent to the developer as a reimbursement for the site acquisition costs and other TIF eligible costs that are allowed per state law. The TIF note is not an obligation of the City of Mendota Heights. The contract for private development places certain obligations on the developer to make sure there are enough costs that are being incurred that equal $634,000 for the TIF note to be issued. It also provides the construction dates, a minimum assessment agreement, and that the developer may transfer the contract to another limited liability company they may create for this parcel. The contract also states that the developer will continue to be responsible for any third party consultant costs that the City incurs. Mr. Pratt further explained that this resolution basically approves the contract and also memorializes the terms of the TIF note. Councilmember Duggan noted that this contract is over eight years and seven months and asked why that extension of time. Mr. Pratt replied that was likely due to how Ehlers set the TIF cash flow. This TIF district is not anticipated to go to the fu1125-year term, so this property would get back onto the tax rolls much sooner. Councilmember Duggan, referencing Article II Representations and Warranties, (3) that reads "...any land use permits required as a part of the Project shall be governed by City land use ordinances, specific land use approvals and other agreements," asked if the Comprehensive Plan is considered `other agreements'. Mr. Pratt replied that all of the zoning approvals need to be complied with. Councilmember Duggan moved to adopt RESOLUTION 2017-61, APPROVING A CONTRACT FOR PRNATE DEVELOPMENT AND AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND INSTRUCTIONS FOR, THE ISSUANCE OF THE CITY'S TAX INCREMENT FINANCING REVENUE NOTE (MICHAEL DEVELOPMENT MINNESOTA, LLC). Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel asked the developer, on behalf of the nearby residents, when the demolition would occur. Mr. Michael Swenson of Michael's Development, stated that September Sth is the anticipated closing date on the property. They will then work with the Fire Department to see if they want to conduct any training at the site. In mid-September, construction is anticipated to start, with anticipation of being completed in 10 months. August 1, 2017 Met2dota Heights City Council Page 4 of 8 B) RESOLUTION 2017-58, APPROVING CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO ALLOW CERTAlN CONSTRUCTION ACTIVITIES 1N CRITICAL AREA OVERLAY DISTRICT - 796 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE 2017-16) Community Development Director Tim Benetti explained that this application from Precision Homes LLC, acting on behalf of James R. Hanson, is for a Critical Area Permit and a Conditional Use Permit to remove the existing single-family home which straddles two lots and allow them to do some preliminary construction work and tree removal as necessary. The property is located at the corner of Sibley Memorial Highway and Wachtler Avenue and consists of two lots. One lot is 1.08 acres and the other lot is 1.19 acres. The site contains an existing 3,400 square foot single-family, two story, home constructed in 1952. There is an existing driveway off Sibley Memorial Highway and a remnant of an old driveway off Wachtler. There would be no change in the zoning or land use. The existing home is sitting on an artificially elevated pad site, rising approximately 40 feet from the street to the rear of the property. Mr. Benetti shared that most of the trees that need to be removed to facilitate the new construction activities are near the front edge of the property. Mr. Benetti explained that any future homes built here would need to have Planning Commission and Council approval for separate critical area permits. Any driveway connection would need to be approved by the state or Dakota County, since those are state or county roads. The owner plans on utilizing some of the existing sewer and water lines off Highway 13 and reconnecting new ones to the other lot off of Wachtler. When the applicant provided their plans, staff requested that they be very prudent with their tree removals. Staff believes that they have done that. They also want to target some of the invasive growths on the site. The Department of Natural Resources (DNR) has looked at these plans and had no issues with the removals as presented. The original grading plan presented had some issues; however, they revised the plan and the City Engineer found it to meet all of the requirements for surface water management. The plan does include a retaining wall and staff has included a condition of approval that this retaining wall be made of stone. Staff believes there would be very minimal disturbance of the natural area and that no part of the bluff line would be affected. Councilmember Duggan noted that in the report to the Planning Commission, staff is recommending tabling the request to allow the developer more time to refine the site, grading and drainage plans for the properties. Mr. Benetti replied that this was the original recommendation; however, the developer was able to revise their plans and staff verbally amended the recommendation at the Planning Commission meeting. Councilmember Duggan asked about the park dedication fee. Mr. Benetti replied that the understanding that he had was that a park dedication fee was up to $4,000 per dwelling unit. A few members of the commission felt that it only applied in the event of a new lot creation. Mr. Benetti checked the park dedication language and discovered that the fee schedule states the fee is for any new dwelling unit. August 1, 2017 ATendota Heights City Council Page 5 of 8 Councilmember Duggan asked if any consideration had been made of taking the $4,000 and subtracting any fees paid in 1952. Councilmember Duggan suggested that research be done and that it be reviewed again when the actual building permits are applied for. Councilmember Petschel stated that with the increase in lot splits and tear downs, the City did come up with something new for charging park dedication fees. She also recommended that staff research this a bit further. Mr. Benetti stated that the ordinance amendment stated that any park dedication in lieu of fee had to be paid before a final plat was recorded. However, the ordinance itself, for park dedication, states a developer either has to dedicate up to 10% of the land or parts, or pay in lieu of fee. It represents that the fee would be established by resolution of the City Council, which currently states that it is $4,000 per dwelling unit. The City Council provided direction to Mr. Benetti to pursue applying the park dedication fee to this application. Councilmember Paper noted that these are long lots with significant slopes at the back side and asked why the owner wouldn't just give 10% of the land at the rear for park usage. Mr. Benetti replied that staff would ensure that any park land dedicated is usable park space. Councilmember Duggan asked if staff could encourage the developer to not have two houses similar to each other and possibly stagger the setbacks. Mr. Benetti replied that, per Precision Homes, the first home is a spec building (a high end luxury home) and the next home is intended to be a custom built home — the two homes would be difFerent. Councilmember Petschel moved to adopt RESOLUTION 2017-58, APPROVING A CRITICAL AREA PERMIT AND A CONDITIONAL USE PERMIT TO ALLOW CERTAIN CONSTRUCTION ACTIVITIES IN THE CRITICAL AREA OVERLAY DISTRICT FOR PROPERTY LOCATED AT 796 SIBLEY MEMORIAL HIGHWAY. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2017-56, APPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHABILITATION PROJECT Public Works Director Ryan Ruzek explained that at the July 17, 2017 City Council meeting, a public hearing was held for municipal consent for the Dodd Road rehabilitation project, relating to the acquisition of land for public purposes. This was for easement and right-of-way acquisitions outside of the State of Minnesota's existing right-of-way. At that time, one resident expressed concern about the project. They have since had conversations with the Minnesota Department of Transportation (MnDOT) and no longer are concerned about impacts to their property. August 1, 2017 Mendota HeigJats City Council Page 6 of 8 Councilmember Petschel stated that at the Traffic Committee meeting on July 31, 2017, one of the issues discussed was the school crossing at Somerset School and if the County has made it a safe crossing. City Engineer Ruzek agreed to speak with officials at Somerset Elementary School to see if there is anything the County could do to make it better. Mr. Ruzek noted that the state is at 90% complete in their design plans. Councilmember Petschel pointed out that, regarding the school crossing, this was an agreement between the state and the school, and they had met to discuss it. If the school is comfortable with the plans, then she would be too. Councilmember Petschel moved to adopt RESOLUTION 2017-56, APPROVING MUNICIPAL CONSENT FOR THE MNDOT HIGHWAY 149 (DODD ROAD) REHBILITATION PROJECT with the recommendation that Mr. Ruzek follow-up with MnDOT and Somerset School to ensure that the crossing has been addressed in the safest way possible. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMiTNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that there will be a pollinator-friendly plants demonstration on August 3rd at 6:30 p.m. at the Douglas and Victoria intersection with pollinator- friendly master gardeners. He stated that staff is aware of questions regarding this past weekend's event at White Pines relating to emergency notifications. Dakota County operates what is called the Everbridge System. If you have a land line, that number is automatically linked to the notification system. However, if you have a cell phone and want an electronic message sent to that device, the number does need to be registered. The link is posted on the City's website. COUNCIL COMMENTS Mayor Garlock, referencing the White Pines incident, expressed his thoughts and prayers were going out the family and friends of Beverly Cory. Special thanks to the law enforcement, EMS, and fire personnel who assisted on that call. Mendota Heights is a very strong community and will rally together in tough times as they have in the past. Councilmember Duggan noted that Mayor Garlock led a service on Sunday honoring and commemorating Officer Scott Patrick. He echoed Mayor Garlock's comments regarding the strength of the community. He expressed his appreciation to the law enforcement, EMS, and fire department. Councilmember Duggan stated it was great to see the Night to Unite events growing with more neighborhoods participating than ever before. Councilmember Petschel stated that many times on the consent agenda the Council approves j oint powers agreements and mutual aid agreements. They are approved very routinely and, at the time, do August 1, 2017 Mendota Heights Ciry Council Page 7 of 8 not appear to mean a great deal. However, the outpouring of help and support received from law enforcement from the surrounding communities was absolutely extraordinary this past weekend. The city had police officers from most of the surrounding cities and others; the SWAT teams from Dakota and Washington counties, the Dakota County Sheriff, Bureau of Criminal Apprehension. That is a lot of people who assisted in a difficult situation. These consent agenda items may appear to be routine — until a situation arises when help is needed. Councilmember Paper echoed the comments made about Mendota Heights being a strong community, and that was also seen during the Night to Unite block parties. It is nice to have a community that comes together. He expressed his appreciation to Mr. Sloan Wallgren for all that he did for the recreation programs. He appreciated having the opportunity to work with him on the Parks and Recreation Commission. He also noted that the golf league participant produced a hole-in-one on Thursday by the name of Levi Paper. Councilmember Miller noted that he could not begin to improve on the eloquent statement by Mayor Garlock. I_��a[�1�1��� Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:51 p.m. /�—�-Q� � Neil Garlock Mayor ATTES : , , ov�.� Lorri Smith City Clerk August 1, 2017 Mendota Heights City Council Page 8 of 8