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2017-09-19 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 19, 2017 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilmembers Duggan, Paper, and Petschel were also present. Councilmember Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption agenda. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Councilmember Petschel moved adoption of the CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar and authorization for execution of any necessary documents contained therein, pulling items a) Approval of September 5, 2017 City Council Minutes, d) Accept Notice of Retirement of George Noack, and Authorize Staff to Begin Recruitment of a Public Works Leadworker, � Authorize Public Works Facility Sink Replacement, g) Approve Resolution 2017-76 Accept Bids and Award Contract for the 2017 Storm Sewer Improvement Project, i) Award Contract for City-wide Garbage and Recycling Services, j) Authorize Lighting Replacement of the Friendly Hills Hockey Rink, and 1) Approval of Claims List. a. Approval of September 5, 2017 City Council Minutes b. Approval of August 30, 2017 Council Work Session Minutes c. Approve Start Time/Date for November 7, 2017 Council Meeting d. Accept Notice of Retirement of George Noack, and Authorize Staff to Begin Recruitment of a Public Works Leadworker e. Authorization to Begin Police Officer Recruitment Process Septenaber 19, 2017 Mendota Heights City Council Page 1 of ll £ Authorize Public Works Facility Sink Replacement g. Approve Resolution 2017-76 Accept Bids and Award Contract for the 2017 Storm Sewer Improvement Project h. Authorize lien payoff of forfeited Dodge Durango i. Award Contact for City-wide Garbage and Recycling Services j. Authorize Lighting Replacement of the Friendly Hills Hockey Rink k. Approve Resolution 2017-80 Providing for the Sale of $1,370,000 General Obligation Bonds Series 2017A 1. Approval of Claims List Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PULLED CONSENT AGENDA ITEM A) APPROVAL OF SEPTEMBER 5, 2017 CITY COUNCIL MINUTES Councilmember Duggan requested that the September 5, 2017 City Council minutes be tabled to the next meeting to allow staff time to review them, specifically the discussion of the PUD agreement with Michael Development of MN, LLC. He believed there were things in the minutes that were inaccurate or require clarification and other items that were missing. The item that troubled him the most was that issues were raised by members of the Council and Mr. Mike Swenson of Michael Development of MN, LLC did not come forward to address the issues. The same was true back in June 2017. Realizing that this is a project proposal in excess of $20 million, he felt there should be more time spent on this topic. Councilmember Petschel asked if the minutes were inaccurate. Councilmember Duggan replied that the word inaccurate is probably inappropriate. He said, for example, that it seemed to be stated that the materials presented at the last Council meeting were not that dissimilar or fairly consistent with the first proposal. Councilmember Duggan did not agree with that, and in reviewing the material, he felt that they are so vastly different. Councilmember Petschel stated that it appears to her to be a matter of opinion. She stated that she is not open to going back and rehashing that discussion. If there were an inaccuracy in the minutes, she would be agreeable to Councilmember Duggan reviewing the tape to address that with staff. Councilmember Duggan referenced the presentation date in June. He said that the materials presented in January and June were `concepts' — there were no measurements in any of those plans. The first actual plan was created at the end of July. To say that they were similar or consistent when they did not include any measurements, information, or setbacks, etc. is not correct at all. Also, to say that the City is deficient and in need of apartment spaces, he disagrees with that. Councilmember Paper noted that the Council spent a lot of time discussing this project and he believes that the Council is moving in the right direction. Mayor Garlock stated he agreed that the Council is looking more closely at the numbers now as the project moves forward and there would be some tweaking. Septe»aber 19, 2017 Mendota Heiglzts City Council Page 2 of ll Councilmember Duggan said that he was in agreement with the plan to remove the motel and redevelop the area. He stated that he believes that since the Council provided TIF money, the City should not allow reducing of the setbacks. Councilmember Petschel moved to table the minutes to allow Councilmember Duggan time to work with staff to verify if there are inaccuracies, not in difference of opinion but in actual inaccuracies. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Duggan) Absent: 1 (Miller) D) ACCEPT NOTICE OF RETIREMENT OF GEORGE NOACK, AND AUTHORIZE STAFF TO BEG1N RECRUITMENT OF A PUBLIC WORKS LEADWORKER Councilmember Duggan noted that Mr. Noack is one of the mainstays in the Public Works Department. He recognized Mr. Noack for being an outstanding person, an outstanding worker, and outstanding member of the department. He thanked him for his dedication of service over all of these years. Mayor Garlock echoed Councilmember Duggan's comments and noted that many times when he was on patrol, Mr. Noack would be out snow plowing all night. When the residents would wake up in the morning and see that the streets had been plowed, Mr. Noack and others in the Public Works Department were responsible for that. The mayor commented on the many hours put in by Mr. Noack after a maj or snow storm a few years ago. Councilmember Paper stated that Mr. Noack was the best operator out there. Councilmember Petschel said that she would compare his retirement to almost a`disturbance in the force' as it was felt by everyone. Councilmember Duggan moved to accept the Notice of Retirement of George Noack, and authorize staff to begin the recruitment of a Public Works Lead Worker. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) F) AUTHORIZE PUBLIC WORKS FACILITY SINK REPLACEMENT Councilmember Duggan expressed his desire to include a`not to exceed' clause in the purchase order. Councilmember Duggan moved to authorize the purchase of a Public Works Facility Sink Replacement, not to exceed $7,310.00 Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Septe»aber 19, 2017 tllendota Heights City Council Page 3 of ll G) APPROVE RESOLUTION 2017-76 ACCEPT BIDS AND AWARD CONTRACT FOR THE 2017 STORM SEWER IMPROVEMENT PROJECT Councilmember Duggan asked why there was such a large difference between the City's cost estimate for this project and the actual amounts bid. Public Works Director Ryan Ruzek replied that this project includes twelve catch basins going into nine or ten different locations. He said that staff had under- estimated the mobilization costs to move the equipment around. Councilmember Duggan asked if it would be reasonable to include a`not to exceed' clause in the construction contract to Northdale Construction in the amount of $108,985.67. Mr. Ruzek replied that this project is identified as `unit prices'. There is X number of feet of storm sewer, catch basins are `by each', and there are `by square yard' costs. Staff does attempt to overestimate on some of the gravel and bituminous that is required — a`not to exceed' would be difficult to accomplish on a contract of this sort. Councilmember Duggan moved to adopt RESOLUTION 2017-76 ACCEPT BIDS AND AWARD CONTRACT FOR THE 2017 STORM SEWER IMPROVEMENT PROJECT. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) J) AUTHORIZE LIGHTING REPLACEMENT OF THE FRIENDLY HILLS HOCKEY RINK Councilmember Duggan noted that the hockey rink is pretty old but asked if there was anything wrong with the current light fixtures. Mr. Ruzek replied that the lighting was installed in 1988. It was his understanding that the existing wiring is brittle and there is the possibility of shortages. Councilmember Duggan noted that the estimate provided a couple of years ago was approximately $35,000. Mr. Ruzek confirmed and stated that would have been to replace the fixtures with metal halide fixtures. This type of lighting is being phased out. The LED fixtures proposed are more costly but they will be cheaper to operate. When questioned, Mr. Ruzek stated that there could be a`not-to-exceed' clause added to this purchase order. Councilmember Duggan moved to authorize the lighting replacement at the Friendly Hills Hockey Rink with the addition of `Not to Exceed $55,685'. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Septe»aber 19, 2017 Me�zdota Heights City Council Page 4 of II At this point, City Administrator Mark McNeill recommended that Council consider Consent Agenda Item I as it had been removed previously. Council agreed that this had not been the intention and that it should be considered as passed with the approval of the Consent Agenda. L) APPROVAL OF CLAIMS LIST Councilmember Duggan noted that at the last meeting, the payment to Kadrmas, Lee & Jackson, in the amount of $32,798.27 was tabled. He questioned why the payment is now on for $33,120.60. Public Works Director Ryan Ruzek replied that KLJ did submit an additional invoice for $3,300 and then gave the City a credit of $3,000 toward the entire contract amount. The total then increased by $300 from the amount submitted at the last meeting. Councilmember Duggan reminded staff that he had questioned the payment at the last Council meeting because not all of the work had been completed. Mr. Ruzek replied that KLJ was contracted to design, survey, and acquire easements on the Dodd Road trail project. They had completed over 90% of the contracted work, and had begun negotiations with the affected parties. The trail construction was to be completed through the State of Minnesota and the Dodd Road reconstruction project. Councilmember Duggan also questioned the manual checks total of $-23,319.25. Finance Director Kristen Schabacker replied that the reason for the negative amount was that the original check that had been issued to KLJ was voided, and the updated invoices were included in the system checks total. Councilmember Petschel, as a point of clarification, asked if at some point in the future there was way to go forward with the trail project on Dodd Road, since all of the planning wouid have been done. She said that it would just be a matter of negotiation with the residents. Mr. Ruzek replied in the affirmative and stated that the City does have 90% of the construction documents. Depending on how long the project waits, they may need to be updated if standards change. Councilmember Petschel moved to approve the claims list. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) There were no public comments. PUBLIC COMMENTS PRESENTATIONS A) ADOPTING PRELIMINARY BUDGET AND LEVY Finance Director Kristen Schabacker explained that in August, staff and Council held budget workshop meetings. She shared the more significant items included in the 2018 preliminary budget: Septenaber 19, 2017 Mendota Heights City Cou�zcil Page 5 of ll Personnel/Staffin�: • Two additional Police Officers, one to be hired in January and the second in July, 2018 • Engineering Technician position, to start in April of 2018 • Two part-time positions added; a Communications Coordinator and a Volunteer Coordinator • Firefighter pension contribution will increase by $500 per firefighter per year • Cost of living adjustment included for the City employees, both union and non-union, and an increase in the City's insurance contribution Ca�ital Items: • Tractor/loader for the Streets Department, an auto-greaser for the loader and a quick connect • 3/4 ton pickup truck for the Parks Department • 3/4 ton pickup truck for the Sewer Utility Department • Fire Department to upgrade their hoses and nozzles, mobile computers for trucks • Voice-over IP telephone system These capital items listed would be funded through other sources and are not included in the property tax levy. The 2018 preliminary tax levy is set at $8,591,136, an increase of $608,816 or 7.52% over last year. The residential home values in Mendota Heights are estimated to have increased approximately 5.5%. Therefore, homes that have a value of $376,000 [the median home value] in 2018 will pay approximately $85 more than they did in the previous year — a 6.2% increase in the City's portion of their property taxes. She said that once the Preliminary Levy is adopted it cannot be increased; however, it can be decreased before the final levy and budget are adopted in December. In November, Dakota County will mail out notices to the residents and that will contain their proposed property tax amounts. A public hearing would be held on December 5, 2017, allowing residents to comment. At that time, the final budget and levy would be approved and certified to Dakota County. Councilmember Petschel commended Ms. Schabacker on the summary provided. The Council and staff have spent hours reviewing every line in the budget. There has been a lot of thought and effort by staff and Council to come up with a responsible budget to meet the City's needs. Councilmember Petschel moved to adopt RESOLUTION 2017-77 APPROVING THE PROPOSED 2017 LEVY COLLECTIBLE IN 2018. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Mayor Garlock moved to adopt RESOLUTION 2017-78 ADOPTING 2018 PRELIMINARY BUDGET. Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Septensber• 19, 2017 Alendota Heights Caty Counczl Page 6 of ll Councilmember Paper moved to adopt RESOLUTION 2017-79 APPROVING THE FINAL 2017 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. l, COLLECTIBLE IN 2018. Counciimember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) APPROVE AGREEMENT FOR A COMPREHENSIVE TRAFFIC ENGINEERING STUDY • � • � � Z�7_\�7 City Administrator Mark McNeill explained that one of the items identified in the City's goals and objectives was to conduct a traffic study on Dodd Road. It was anticipated that the study would review the impact of area developments; the Vikings stadium, a possible new development at The Village, etc.; and then would look at recommendations to improve traffic flow. He said that staff contacted four engineering companies from the pre-approved list. Two of those firms could not be used due to potential conflicts of interest. A third company was not able to accommodate the workload. A quote was received from the fourth. He said that two other quotes were also received. The quotes received ranged from just under $29,000 to over $59,000. The lowest bid was submitted by KLJ at $28,850, and the work would take approximately two months to complete. Since that time, staff has been made aware of two other traffic issues that the Council may want to examine. The first is the Rogers Lake neighborhood. He said that with the Mendota Heights Road construction, there has been a problem and is something that would require significant investments as far as traffic calming techniques. This may be something that the Council would want a professional to review and make a recommendation. Mr. McNeill said that Delaware Avenue has also been an issue for years. Staff recommended that a professional take a look at what the impact would be from the City limits north to Highway 110 in anticipation of the Vikings development in Eagan and other new development in Inver Grove Heights. He said that if Council is interested in considering these additional traffic studies, staff could get an estimate from KLJ and bring it back to Council for consideration. Councilmember Petschel asked if KLJ was prepared to look at the impact the Vikings summer camp would have on traffic, quantify the increased attendance as opposed to the number of people attending in Mankato, and predict what the affects would be on Dodd Road and Delaware. Mr. McNeill replied that would be one of the things that KLJ would be examining. The summer camp was addressed in the AUAR; however, staff wants to ensure that it was adequately addressed for Mendota Heights. Septe»zber 19, 2017 Meiidota Heights City Council Page 7 of II Councilmember Duggan asked if Eagan, Inver Grove Heights, Minnesota Deparhnent of Transportation (MnDOT), Dakota County, or the Metropolitan Council (Met Council) had been asked for any plans, surveys, or traffic studies that they may have already completed. Mr. McNeill replied that it is known that Eagan and the Vikings have those. It was his understanding that the Met Council also did a significant review. All of those could be reviewed by the City's contracted engineer. Councilmember Duggan noted that there is also the move of the Viking headquarters to the Viking stadium site; adding a more challenging quantifiable item. Councilmember Petschel also noted that the practice facility, small stadium and practice fields are a part of a larger PUD. That is another thing that needs to be taken into consideration. She noted that the main concern for her, as identified by MnDOT, is the poorly performing area where I-494 and 35-E meet. Her concern is that it would perform so poorly during the Viking summer camp that people would be seeking other ways to get to the facility — which could very well be some of the feeder roads through Mendota Heights. Mr. McNeill stated that this information may be available; however, he is unsure if the City would need or want to spend the money to have that analyzed. Councilmember Petschel stated that she would like for MnDOT — as they have identified it as performing so poorly — to provide as much information as possible to this traffic study under consideration. Councilmember Duggan asked if this was something that the Traffic Study Committee would work on. Councilmember Petschel replied that would be beyond their scope of practice. Councilmember Duggan moved to authorize KLJ Engineering to do a traffic study as proposed for the entire length of Dodd Road and to direct staff to obtain quotes from KLJ to perform traffic studies and make recommendations for improvements, with estimated costs, to Lake Drive and the adjacent neighborhood, and Delaware Avenue from TH 110 to at least O'Neill Drive in Eagan. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) B) APPROVE CONTRACT MODIFICATION FOR JEA ARCHITECTS City Administrator Mark McNeill explained that JEA is the architectural firm which had been awarded a contract in February 2017 to do the design work for the remodeling and water remediation work in the lower level of City Hall. It had been anticipated to be a fairly simple project. However, additional sources of water infiltration were found that needed to be investigated, and added in the proposed specifications. Also, remodeling in the police department area was added to provide for better functioning. These items increased the amount of the architectural and specialist time to put the project together. The estimated fee has increased from the original `not to exceed' amount of $22,250 to $68,500. Councilmember Paper asked, once the proposal is received, how much latitude they would need to pull back; is it going to include grandiose expectations or what is needed to get by. Mr. McNeill replied that there are a couple of bid alternates, specifically the biggest part of that is the masonry work, which could be as much as $100,000. The minimum masonry work beyond that would be in the area on the south side wrapping to the west. However, if prices are favorable, it may be that the entire inasonry portion of Septenaber 19, 2017 Meizdota Heiglzts City Cou�zcil Page 8 of II the project to the entire building could be completed at that time. Some masonry issues were recently found on the west side of the building. At this point, there does not seem to be any water infiltration issue at that point; however, it is something that would need to be addressed as some point in the future. Councilmember Duggan asked for an estimate of how much more the west side of the building could cost. Mr. McNeill repiied that he does not have that figure. When staff looked at what the amount of the extra work was for the architect, that estimate was decided to be put on hold. Councilmember Duggan noted that when reading the contract, it seemed that the direction was `wait and see' in relation to the western edge if it is something that can be ignored but hasn't been fully understood. He thought he had stated at the last meeting that during the initial project, the contractor had gone down only four or five feet along the south side of the building and tried to remediate the water intrusion; which was apparently not enough. At that time, he had proposed to complete the entire building rather than going half- measure. In this case, with the mold potential, etc. he did not believe that the City needed to fix two- thirds of the building and then hope for the best on the rest. Mr. McNeill replied that he is unaware of any mold issues on the west side. It is more of the face brick staying in place. Mr. McNeill recommended that Council and staff wait to see what the bids bring and then staff would bring that amount to Council. There could then be a discussion about whether or not to negotiate with the successful bidder about whether to fix would be for the western wall. Councilmember Petschel piggybacked on Councilmember Duggan's comments in that she would also like to know what the cost of doing the entire building would be. Mr. McNeill stated that he would get a price for that. She would rather know the full cost to fix the entire building, even if it was a bitter pill to swallow, and know that the building was fixed, than keep waiting for water to show up in another place. Councilmember Petschel also asked Councilmember Paper if he would be familiar with anything from a foundation standpoint where water is leaking, other than drain tile. Councilmember Paper replied that sometimes you see a"beaver" system on the inside of the house, at the base of the wall. However, he does not know what these plans are. Mr. McNeill replied that the City Hall does not have a beaver system, but there is a drain tile at the foundation footing that is covered by a fabric. It has been there for 30 years. He believes that one of the advantages that the City has in the proposed plans are that it would not be replacing the drywall and insulation on the south wall. If there is water coming in, it is just a matter of that drying out. Mold requires dust or something in the drywall to grow. Councilmember Duggan asked if the work would be done internally as opposed to outside where all of the new beautiful gardens are. Mr. McNeill replied that they are going to tell the prospective contractor that they have to be working on the landscaping rock area. Councilmember Petschel moved to approve a contract modification to increase the scope of services, and the overall compensation maximum for the provision of design, bidding, and construction management services to JEA Architects, to $68,500. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Septentber 19, 2017 ATendota Heights City Council Page 9 of II COMIVI�INITY ANNOUNCEMENTS City Administrator Mark McNeill made the following announcements: • There is a buckthorn removal education opportunity at Rogers Lake Park on October 7, 2017 at 10:00 a.m. put on by the Dakota County Master Gardeners. • Brush can be disposed of at the bonfire site behind the Mendota Plaza starting on October 26, 2017, for the Halloween Bonfire on October 31, 2017. COUNCIL COMMENTS Councilmember Paper noted that whether the traffic problem is getting worse or better, the projects are getting closer to wrapping up — Mendota Heights Road, Kensington, and Highway 110. However, the High Bridge being closed has given everyone another set of problems. Councilmember Duggan stated that there was a story in the paper about Minnesota Knitting Mills and their "Love Your Melon" beanie for the Super Bowl. He said that have to be a volunteer to get one of those. Councilmember Duggan also suggested that the Council hold a naming contest for the tunnel connecting the north and south sides of the City. He would like to see a non-commemorative name for that tunnel. Councilmember Petschel said that she would love to see that combined with a way to brand that part of the City. Councilmember Duggan continued by stating that Mendota Heights is spacious. He said that it a city which was one of the first to adopt standards to guide city development, which we have stayed true to, giving us a city that we are proud o£ We have some major tasks to review and determine what might be best for the city. There are three major developments: the Vikings facility, literally upon our southern edge, the 13 8 rental apartments at Mendota Plaza, the 140 rental apartments under consideration for the Motel/Larsen site — which he supports — however, there are challenges built into that, and the possible rental apartment complex on City property at The Village. He said that the traffic from these developments on Highway 149 is going to cause huge problems. Almost all of the traffic from The Village and from The Plaza will be focused onto Highway 149 and this Council has focused on the need to have a traffic study completed to figure out what can we do to improve this. So the question is, in his statement, quality versus quantity. City character comes in part from the quality of materials, the dimensions, the sight lines, color, shape, and landscaping. The Council has a significant say in all of these areas. The Mendota Motel/Larsen Greenhouse site is a blighted area and is past due for a major overview. He said that the City has established a TIF district to help with this. As we grapple with Phases I and II, this area has the potential for greatness. He asked why to limit the development with reductions of setbacks, spacing, and more impervious surface than the code requires. He believes it is unwise to go with lesser standards. Septenaber 19, 2017 Me��dota Heights City Council Page 10 of ll He said that throughout many of past developments, the Council has made it clear — it is not about money. People want to move to Mendota Heights because of its character. It is the feeling that the city presents to the community as they drive through. IN closing, he said that the Council can do better for Mendota Heights by maintaining the standards and codes and guidelines which have given us the city that we know and like today and want to preserve. : � �1�7.��1 Mayor Garlock moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Mayor Garlock adjourned the meeting at 8:01 p.m. Y �-�-�-�! � Neil Garlock Mayor ATTEST• . , Lorri Smith City Clerk September 19, 2017 Mendota Heiglzts City Cou�7cil Page 11 of II