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2017-09-05 City Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 5, 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, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilmember Paper moved adoption of the agenda. Councilmember Duggan 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 � Ordinance 513 No Parking Near Mailboxes, j) Acknowledge Receipt of City Council Goals and Objectives Update, n) Approve Change Order #2 for the Mendota Heights Road & Kensington Street Improvement Project, and p) Approval of Claims List. a. Approval of August 15, 2017 City Council Minutes b. Approval of the August 14, 2017 Council Work Session Minutes c. Approval of the August 16, 2017 Council Work Session Minutes d. Approval of the August 23, 2017 City Council Special Meeting Minutes e. Approve Temporary On-Sale Liquor License for St. Thomas Academy for Sept 27-29, 2017 f. Ordinance 513 No Parking Near Mailboxes g. Ordinance 514 No Parking on Lemay Shores Drive h. Approve Resolution 2017-75 Calling for Public Hearing on Right of Way Vacation and Conveyance of Hilltop Avenue Septenaber 5, 2017 Mendota HeigJats City Councal Page 1 of 1 S i. Accept Resignation of Michael Toth from Parks and Recreation Commission and Authorize Advertisement for Opening j. Acknowledge Receipt of City Council Goals and Objectives Update k. Authorize the Renovation of Marie Park Tennis Courts l. Approve Revisions to Recreation Program Coordinator Job Description m. Authorize Out of State Travel for Fire Department n. Approve Change Order #2 for the Mendota Heights Road & Kensington Street Improvement Project o. Approval of the July 2017 Treasurer's Report p. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM F) ORDINANCE 513 NO PARKING NEAR MAILBOXES Councilmember Duggan commented that he feels the no parking areas near mailboxes should be marked. He also believes there should be no parking within a certain distance from driveways. City Administrator Mark McNeill replied that while he understands the concern, because of the amount of work and upkeep involved, educating the residents on the rule would be sufficient. Councilmember Petschel agreed that this would be more of an educational issue and is something that should be included in the City's newsletters. She noted that this is the Federal Post Office Standard, which is where staff pulled the language from. Councilmember Duggan stated that `between the hours of 8:00 a.m. and 6:00 p.m.' should be added to the ordinance language. Councilmember Petschel pointed out that this language is already in the ordinance and does not need to be spelled out in the adoption; however, it would be part of the educational piece. Councilmember Petschel moved to adopt ORDINANCE NO. 513 AMENDING TITLE 6, CHAPTER 2, SECTION 1 OF THE CITY CODE REGARDING NO PARKING NEAR MAILBOXES. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 J) ACKNOWLEDGE RECEIPT OF CITY COUNCIL GOALS AND OBJECTIVES UPDATE Councilmember Duggan asked that the materials included in the agenda packet be put on the City's website. Administrator McNeill agreed to do so. Councilmember Duggan also asked if the Council would agree that Action Item 11: Ready BouNne PNopeNty for Sale costs are captured in the sale of the property. September 5, 2017 Mendota Heights City Cozcncil Page 2 of I S Councilmember Petschel moved to ACKNOWLEDGE RECEIPT OF CITY COLTNCIL GOALS AND OBJECTNES UPDATE with the understanding that they be posted on the City's website. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 N) APPROVE CHANGE ORDER #2 FOR THE MENDOTA HEIGHTS ROAD & KENSINGTON STREET IMPROVEMENT PROJECT Councilmember Duggan noted that the assessment calculations under ASSESSMENT CALCULATIONS - STREET REHABILITATION — MENDOTA HEIGHTS RD are in units of feet and wondered why the remainder of the calculations are not. Public Works Director Ryan Ruzek replied that the assessments on Mendota Heights Road were identified as having multiple zoning. Per the City's rehabilitation policy, if there is equal zoning throughout a project it is assessed per unit. If there are variations in zoning, the assessments will be based on front footage. In reference to the `additional tasks to install the sanitary sewer and additional street quantities' Councilmember Paper asked about the third bullet point that reads, "Street typical section due to poor soils ($62,100)." He questioned why the Engineer would not know about this before. Mr. Ruzek replied that some of the soils are due to the excavating going down 20 feet and pulling up wet soils that are now getting mixed with some of the upper soils. They have not been able to stabilize it due to the amount of rain this summer. They are proposing to excavate some of these soft soils and replace it with rock and fabric to bridge the roadway bed. Councilmember Petschel moved to AUTHORIZE CHANGE ORDER #2 FOR THE MENDOTA HEIGHTS ROAD AND KENSINGTON STREET IMPROVEMENT PROJECT. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 P) APPROVAL OF CLAIMS LIST Councilmember Duggan questioned the $32,798.27 payment to Kadrmas, Lee & Jackson (KLJ) for the Dodd Road Trail Study. Public Works Director Ryan Ruzek replied that the consultant did perform 90% of the work in their contract. Staff is still having conversations with KLJ on the final billing. Councilmember Duggan moved to APPROVE THE CLAIMS LIST with the payment to Kadrmas, Lee & Jackson for the Dodd Road Trail Study in the amount of $32,798.27 to be tabled for future discussion. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. Septe�nber^ 5, 2017 Mendota Hei.g/ats City Council Page 3 of IS No items scheduled. PRESENTATIONS PUBLIC HEARING A) RESOLUTION 2017-62 EASEMENT VACATION AT 950 MENDOTA HEIGHTS ROAD — ST. THOMAS ICE ARENA Public Works Director Ryan Ruzek explained that the St. Thomas Academy property south of Mendota Heights Road was platted as two separate parcels. St. Thomas Academy is proposing a small addition to the west of the existing building. The proposed addition encroaches upon a platted utility easement for a private water main. Currently, their water is served along their driveway. Saint Paul Regional Water Service (SPRWS) does not require the water line to be in an easement since it only serves one building. Councilmember Duggan asked what purpose does this serve other than helping St. Thomas. Mr. Ruzek replied that this is a private water line in a public easement and is serving no public benefit. Councilmember Petschel moved to open the public hearing. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 No one from the public wished to be heard on this item. Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt RESOLUTION 2017-62 APPROVING A UTILITY EASEMENT VACATION FOR ST. THOMAS ACADEMY. Councilmember Paper seconded the motion. Ayes: 5 Nays: 0 B) NPDES PHASE II STORM WATER PERMIT FOR M[JNICIPAL SEPAR�ITE STORM SEWER SYSTEM (MS4) Public Works Director Ryan Ruzek explained that the City is required to have an annual permit for discharge of storm water from the Minnesota Pollution Control Agency. The storm water permit requires the City to follow certain activities to be compliant. There are six minimum components for each SWPPP (Storm Water Pollution Prevention Program) termed `minimum control measures', which include Public Education and Outreach, Public Participation/Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff and Control, Post-Construction Runoff Control, and Pollution Prevention/Good Housekeeping. Septembe�• 5, 2017 Alendota Heights Czty Council Page 4 of I S As part of the SWPPP and Local Surface Water Management Plan (LSWMP), the City has adopted various `best management practices' to address these six components. Mr. Ruzek provided a brief explanation of these practices. Councilmember Petschel moved to open the public hearing. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 No one from the public wished to be heard on this item. Councilmember Duggan moved to close the public hearing Councilmember Petschel seconded the motion Ayes: 5 Nays: 0 No action was required on this matter. Mr. Ruzek noted that staff would continue to work with the requirements of the pollution control permit and make improvements as they can. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-67, APPROVING A CONDITIONAL USE PERMIT TO ALLTECH ENGINEERING CORP. FOR HIGH SECURITY FENCE IN I-INDUSTRIAL ZONE — 2515 PILOT KNOB ROAD (PLANNING CASE 2017-17) Community Development Director Tim Benetti presented this request for an eight foot high security fence in the I-Industrial Zone on the Alltech Engineering property located at 2515 Pilot Knob Road. The applicant was seeking a Conditional Use Permit (CUP) as required by City Code since the proposed fence is over six (6) feet in height. The property is located at the southwest corner of Mendota Heights Road and Pilot Knob Road and is 4.34 acres in size and includes a 33,000 square foot office/warehouse building. Mr. Benetti shared a site plan showing the location of the proposed fence and access points. He also shared images of the fence design and the views from surrounding roadways. Staff had suggested the applicant plant a number of trees to screen some of the open areas; however, they suggested no plantings be added to the Northland Drive entryway due to sight-line concerns for trucks entering and exiting the site. Councilmember Paper, referencing an image that showed the neighbor's parking lot with the berm and retaining wall, asked where the property line was located. Mr. Benetti replied that the retaining wall in question belonged to the property owner to the south. Councilmember Paper then asked if there would be any issues with the fence should the retaining wall fail. Mr. Benetti replied in the negative. Septel�aber 5, 2017 Me�zdota Heig]ats City Coiincil Page 5 of I S Councilmember Duggan asked if the applicant was required to hide or screen the fence. Mr. Benetti replied that when he visited the site he realized there were a number of commercial/industrial properties in the Industrial Park that do not have the outdoor storage areas or loading screened of£ This proposed fence is very beautiful, however the City always wants to see some type of screening to help soften it. Councilmember Duggan stated the applicant should get the `good citizen' award for their quality fence and their willingness to screen it with trees. Councilmember Petschel acknowledged that the applicant received a variance several years ago and the property is much more attractive. She was delighted at their willingness to put in such a beautiful fence. Councilmember Petschel moved to adopt RESOLUTION 2017-67 APPROVING A CONDITIONAL USE PERMIT TO ALLTECH ENGINEERING CORP. TO 1NSTALL AN EIGHT-FOOT HIGH SECURITY FENCE 1N THE 1NDUSTRIAL DISTRICT (LOCATED AT 2515 PILOT KNOB ROAD). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2017-68, APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO PETER & JENNIFER EISENHUTH TO ALLOW CERTAIN CONSTRUCTION ACTIVITIES 1N THE CRITICAL AREA OVERLAY DISTRICT — 1275 KNOLLWOOD LANE (PLANNING CASE 2017-18) Community Development Director Tim Benetti explained that Landscape Architecture, Inc. submitted this application on behalf of Peter and Jennifer Eisenhuth, to allow certain construction activities in the Critical Area Overlay District. The permit is to remove the existing single-family structure and to construct a new one. The Conditional Use Permit is required for any grading work on slopes that have an 18% to 40% grade, which is easily met on this site. Approximately three-quarters of the property is located in the Critical Area. The property is 1.73 acres in size, includes a 4,037 square foot single-family residence with a single access point off Knollwood Lane. Mr. Benetti shared images of the current home and landscaping, and renderings of the proposed construction and elevations with native or natural looking materials. The purpose of a critical area permit is to prevent or mitigate irreversible damage to the bluff line. All structures are required to have a setback at least 40 feet from the bluff line. The proposal is showing a 70-foot setback. The house is also going to be set back 61 feet from Knollwood Lane. The proposed construction will be within the current home footprint area. All new grading work and land disturbance would take place fully within the lot. The critical area limits the height of structures to 35 feet; however, the R-1 residential zoning district limits height to 25 feet. The new construction would have a 24-foot height so they do meet that standard. Septenaber 5, 2017 Mendota Heig7zts City Coaincil Page 6 of I S The applicant is intending to remove some of the invasive-type vegetation along the bluff area. The landscape architect indicated this would be a very carefully managed process. The plans are showing a number of white pines along the northern boundary line, which would provide for a buffer for the neighbors. Two majestic oaks in the back yard would be saved. Councilmember Paper, in reference to the oak trees, asked what the process would be to protect those during construction. Mr. Benetti replied that work is anticipated to not affect the trees and the contractors will make every effort to work around them. Councilmember Duggan noted that this is one of the top plans that have ever been presented since his tenure on the Council. It is very impressive and lovely. Councilmember Duggan moved to adopt RESOLUTION 2017-68 APPROVING A CRITICAL AREA PERMIT AND CONDITIONAL USE PERMIT TO PETER & JENNIFER EISENHUTH WHICH WOULD ALLOW CERTAIN CONSTRUCTION ACTIVITIES 1N THE CRITICAL AREA OVERLAY DISTRICT (LOCATED AT 1275 KNOLLWOOD LANE). Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2017-69, APPROVING A REZONING, PRELIMiNARY PLAT, CONDITIONAL USE PERMIT AND WETLANDS PERMIT TO MICHAEL DEVELOPMENT OF MN, LLC, FOR THE NEW MENDOTA HEIGHTS APARTMENTS DEVELOPMENT — 2160 & 2180 HIGHWAY 13 (PLANNING CASE 2017-19) Community Development Director Tim Benetti explained that this is a request for rezoning, approval of the Preliminary Plat, a Conditional Use Permit (CUP) and a Wetlands Permit for the redevelopment of the former Mendota Motel and the former Larsen Garden Center sites. The applicant, Mr. Mike Swenson, owner of Michael Development of Minnesota, LLC, is proposing to redevelop the site and buiid two apartment buildings. The rezoning is from B-3 General Business to a HR-PUD High Density Residential. The Preliminary Plat is simply to re-plat the two parcels into one parcel, a Phase I and a Phase II site as Mendota Heights Apartments. The CUP is for the establishment of the Planned Unit Development (PUD) and the creation of the new multi-family housing in this district. The Wetlands Permit is due to the proximity of the work next to Lemay Lake. The Phase I and Phase II sites involve two 70-unit market rate apartment buildings displayed in symmetrical fashion with each other; with a central access point off of Highway 13. Each building would have underground parking. Mr. Benetti shared renderings of the building elevations and material styles. The PUD site development plan shows four levels, the fourth level being an underground level for parking, which would accommodate 79 spaces per building. There would also be 56 surface parking areas; for a total of 135 dedicated parking stalls. Each 70-unit building will consist of 37 one-bedroom, 16 one-bedroom plus den, and 17 two-bedroom units. The sizes of the units would range from 771 square feet up to �,329 square feet; all units either meet or exceed the required unit sizes for the R-3 district. Septe»abe�� 5, 2017 Mendota Heights City Cottncil Page 7 of I S The grading plans show that a significant amount of the natural area will be retained behind the Phase I building The owner did want to locate the building too close to the area around Lemay Lake. New drainage ponds will a part of the overall development plan, which will be tied into the stormwater system. A detailed landscape plan was included as part of the PUD Site Development Plan. Augusta Shores residents indicated a problem with site lines coming off Acacia Drive and onto Highway 13. The developer agreed to modify the plan. Councilmember Petschel asked Mr. Benetti to show on the site plan where the right turn lane on Highway 13 would be located. Mr. Benetti complied. Councilmember Duggan asked what the length of the right turn lane would be. Mr. Benetti did not have that information and Public Works Director Ryan Ruzek indicated that it had not been identified yet. Councilmember Paper asked where the 8-foot trail would be located. Mr. Benetti replied that the trail would connect from Acacia to Victory Avenue, running down the front of the property. A 5-foot boulevard would be located between the trail and the curb. Councilmember Duggan noted that he was disappointed when he read the material and discovered that they were proposing two units of housing. He asked when the City approved that PUD's could go from a 10-acre site to a 5-acre site and did that also reduce the requirements established in the 10-acre site. Mr. Benetti replied that the entire PUD allows for reductions of certain standards; so setbacks, parking reductions, and higher density all come into play at the discretion of the Council. Councilmember Duggan stated that he has not seen this in the actual language of the PUD ordinance. His concern was the separation of the buildings from 60 feet between the two buildings down to 47 feet. Councilmember Duggan stated that he is also concerned with the `impervious surface' and wondered if the amount is increasing or decreasing. The proposal was for 64.1 % of non-pavement surface and now they are proposing 50.3 %, an increase of 13.8% of pavement surface. Density was also a concern for Councilmember Duggan. He stated that Mendota Heights is unique. With these proposed changes, that uniqueness is being diminished significantly He stated he did not believe the City was doing a service to the community in relation to open and spacious when there is enough room out there already. Councilmember Petschel asked if it was necessary to do a Planned Unit Development (PUD). Mr. Benetti replied that in the broad category of what they presented, a PUD works better. Councilmember Duggan added that to get the units of housing that they are asking for, they need a PUD and they need the Council's super-leniency in relation to that PUD, of which he is not comfortable with. Councilmember Miller concurred and said that fully knowing how arixious he was to redevelop these properties, that excitement should be tempered by putting together something that fits. Councilmember Duggan reiterated that he would like to see a design that does not require any of the lowering of setbacks on the front, back, or sides and definitely between the two buildings. It is clearly stated in the ordinance, that buildings must have a 60-foot separation. September 5, 20U Merzdota Heiglzts City Council Page 8 of 1 S Mr. Benetti, referencing the 60-foot separation, stated that the applicant asked for the 47-foot separation because the Furlong Addition to the south stated that they did not want this development so close to the street. Staff encouraged the developer to push the buildings as far into the site as possible. The Fire Department has said that 47 feet was more than adequate space between these two buildings. Staff also said that they would not be opposed to moving the buildings as far north as possible along Acacia Boulevard because they felt that area would still be highly maintained through the effective screening along Lemay Lake. Councilmember Duggan asked if they were not looking at a truncation of the setbacks. Mr. Benetti replied that they are not significant and under the PUD those are allowable standards. Councilmember Duggan stated that he believed them to be far from where they could be. The focus on high density is fine for inner cities like St. Paul or Minneapolis, but not for Mendota Heights as it is today. Councilmember Paper noted that this development has been fairly consistent from the first proposal to where it is now. Stretching these buildings further apart does push it closer to the neighbors. If the Fire Department says 47 feet is practical, he believes the neighbors would appreciate having the extra space. Councilmember Petschel agreed with Councilmember Paper. The fact that the developer is willing to change their plans to accommodate the neighboring property, she is comfortable with that. She continued by stating that good landscaping in the impervious area would soften the building a great deal. Councilmember Duggan asked about the change in impervious surface and the impact that would have in relation to drainage and runoff. Mr. Benetti replied that the initial plan shows all of the drainage would be taken care of on site as per code. Councilmember Duggan asked Public Works Director Ryan Ruzek if there were any calculations in relation to impervious surface proposed and the impact on drainage in the area. Mr. Ruzek replied there is about one acre of new impervious surface being created with this development. They will be treating the drainage on-site. At this time, they do not have the final plans available. These properties do not extend all of the way to Lemay Lake. Staff will want to make sure that the water coming out the discharge point does not create an erosion issue. They will have infiltration basins in the front, on the south, and on the north as shown on the grading plan as well. Mayor Garlock stated that he was in favor of the plan as it has been presented. Staff and Council have spent a lot of time with Mr. Swenson and the plan has not changed. The additional setback along Victory Avenue was to appease the abutting property owners. The City did an outstanding job of recognizing the blight of the previous businesses. The City is deficient and in need of apartments spaces. Councilmember Duggan proposed that the central parking area have a good landscaping plan. Mr. Benetti indicated that the packet in front of the Councilmembers did show a revised landscaping plan with additional landscaping in the central islands than what was just shown on the conceptual plan. The landscaping plan would be approved as part of the overall development plan. September 5, 2017 Mendota Hedghts City Council Page 9 of I S Councilmember Paper asked what would be done to protect soil and water runoff, besides a silt fence. Mr. Benetti replied that the Stormwater Pollution Prevention Plan (SWPPP) states it is their responsibility to make sure everything stays on their site, they control it, and the site be regularly inspected during construction. Staff would keep a very close eye on the site. This will also be a part of the development agreement they will have with the City. Councilmember Duggan referenced the Ciry Code setbacks standards which read "No principal building shall be less than 60 feet from each other". Mr. Benetti replied that the HR-PUD gives Council the flexibility to relax some of those requirements. Councilmember Petschel stated that when it is realized why the buildings were moved closer, it makes sense. The developer did not shift the buildings because he could not honor the 60 feet; he shifted them to accommodate the abutting neighbors. Councilmember Petschel stated that she believes Mr. Swenson has done everything reasonably to accommodate the City, the Augusta Shores residents, and the Furlong residents. The iteration being seen now is the same iteration that has been seen since this project was first proposed. Councilmember Petschel moved to adopt RESOLUTION 2017-69 APPROVING A REZONING, PRELIMINARY PLAT, CONDITIONAL USE PERMIT AND WETLANDS PERMIT APPLICATIONS TO MICHAEL DEVELOPMENT OF MINNESOTA, LLC FOR THE NEW MENDOTA HEIGHTS APARTMENT DEVELOPMENT (LOCATED AT 2160 AND 2180 HIGHWAY 13). Mayor Garlock seconded the motion. Ayes: 3 (PETSCHEL, PAPER, GARLOCK) Nays: 2 (DUGGAN, MILLER) Councilmember Petschel complimented Mr. Swenson on the feedback she has received from residents and from members of the Planning Commission. He has been one of the most wonderful developers that they have worked with. She also expressed her appreciation for his responsiveness to the residents of Augusta Shores and the Furlong Addition. Mayor Garlock echoed Councilmember Petschel's comments and noted that Mr. Swenson had been very straightforward. He has taken into account the recommendations from the residents and staff. The Mayor stated that both buildings were nicely designed and would be an asset to the City. D) RESOLUTION 2017-70, APPROVING A CONDITIONAL USE PERMIT, VARIANCE AND WETLANDS PERMIT TO THE CITY OF MENDOTA HEIGHTS TO ALLOW THE INSTALLATION OF A NEW ALTERNATIVE ENERGY SYSTEM (GROUND MOUNT SOLAR) NEXT TO CITY HALL —1101 VICTORIA CURVE (PLANNING CASE 2017-20) Community Development Director Tim Benetti explained that this was a request from the City of Mendota Heights, working with Ideal Energies, LLC, to install an alternative energy system as a ground mount solar array. As the report indicated, City Hall consists of two large parcels of approximately 17.5 acres. The developmental parcel is approximately six acres in size and is located in the R-1 Single Family Residential District. September 5, 2017 A7endota Heights Czty Council Page 10 of I S Mr. Benetti noted that in February 2017, the Council authorized staff to work with Ideal Energies in seeking out two separate solar energy grants. The MiM grant was received and the City would receive a 25% savings in electrical bills for the first 12 years. After that time, 100% of the benefit would go to the City. The MiM would pay for the cost of the instailation and maintenance for the initial 12-year period. After 12 years, the City becomes owner. The system is expected to last from 25 to 30 years; however, these systems can last up to 40 years. There is no cost borne by the City, other than the removal of the trees. A ground mount system in an R-1 district requires a Conditional Use Permit (CUP). Mr. Benetti noted that the maximum height of this system would be 14 feet. This height conforms to the maximum accessory structure limitation of 15 feet. The solar arrays will be tilted at an angle for maximum efficiency and will be locked into place and stationary. Solar panel systems are required to be set back a minimum of 15 feet from all property boundaries and 30 feet from all dwellings. The City has requested a variance from these minimum set backs requirements. The City has also asked that this array be located in the rear yard or west of City Hall. The property is located in a residential district and is limited to 225 square feet. However, City Hall is more of an institutional use and so the applicant is requesting a variance from the limitations. The code also requires that the panels be screened; however, since there is pretty much a 24 hour presence at City Hall, there should not be any need for security or screening measures because on limitations on visibility. There should be no visibility from any of the adjacent neighborhoods across the street or from Beth Jacob's Synagogue to the west. The Wetland Permit is necessary because the location is less than 100 feet from a wetland. However, the City has acknowledged that there would not be any work or grading work. Most of the system work would take place on the level flat ground next to the wetlands. All parts of the wetland would be protected by a Stormwater Pollution Prevention Plan (SWPPP). Councilmember Paper asked who was going to be responsible for the design and installation of the ground cover. City Administrator Mark McNeill replied that the City will work with Ideal Energies on providing low maintenance sorts of ground cover. They have indicated that they would be doing the ground cover maintenance for three years. The site will also have a three-foot high black chain-link fence surrounding the array, with a gate wide enough to accommodate a mower. Councilmember Paper also asked if this would be built with cross-footings. Mr. Benetti replied in the affirmative. Public Works Director Ryan Ruzek noted that they would be anchored on steel driven piles. Councilmember Duggan pointed out that this is a 95% variance. Councilmember Petschel asked for clariiication that the Council had agreed that this is where the panels should be installed. Mr. Benetti replied in the affirmative and noted that the initial discussion had three alternative sites that were presented. The rooftop option was assessed and it was determined that that option was not reasonable. Councilmember Petschel then stated there was an extensive discussion about the ballfield being so close and whether or not it would affect any of the panels. Mr. Benetti noted that a panel would survive a pellet or a ball bearing hitting it at 50 mph. It was their professional opinion that a baseball would not make any impact or damage to the system. September 5, 2017 Mendota Heights City Cou�zcil Page 11 of I S Councilmember Paper requested that someone check with the baseball teams that play on that field once or twice a year to determine if anyone has hit a panel. If it is discovered that a lot of balls are hitting it, the City should consider adding netting. Mr. Benetti replied that he does not foresee this being an issue. Councilmember Petschel stated with this site, the solar panels that have been installed on the Public Works building, the new pollinator-friendly landscaping at City Hall, the work being completed by the Dakota County Master Gardeners, and the number of rain gardens that the City has installed, she believes the City is being a good steward of the earth. Councilmember Petschel moved to adopt RESOLUTION 2017-70 APPROVING A CONDITIONAL USE PERMIT, VARIANCE AND WETLANDS PERMIT TO THE CITY OF MENDOTA HEIGHTS TO INSTALL AN ALTERNATIVE ENERGY SYSTEM (GROUND MOUNTED SOLAR PANELS) 1N THE R-1 ONE FAMILY RESIDENTIAL DISTRICT (LOCATED AT 1101 VICTORIA CURVE). Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 E) AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR THE LEXINGTON HIGHLANDS AND MENDAKOTA NEIGHBORHOOD IMPROVEMENT PROJECT Public Works Director Ryan Ruzek explained the projects identified for the 2018 construction season, including the Lexington Highlands Neighborhood, the Mendakota Neighborhood, and South Plaza Drive. The Lexington Highlands Neighborhood project would include Avanti Drive, Bwana Court, Faro Lane, Summit Lane, Twin Circle Drive, Vail Drive, and West Circle Court. The Mendakota Neighborhood would include Mendakota Court and Mendakota Drive. The South Plaza Drive improvements would run from Dodd Road to the end of the cul-de-sac. Staff sent a Request for Proposals (RFP) to three consulting engineers who all submitted a quote for professional services. The low quote was submitted by WSB & Associates at $98,458.00, which would become a part of the overall project costs for assessments, as well as any additional indirect costs that develop through the proj ect timeline. Councilmember Petschel asked if staff is familiar with this vendor. Mr. Ruzek replied that WSB is one of the largest consulting firms in the state. They have done a number of proj ects within the City and they are a very reputable consulting engineering firm. Councilmember Duggan moved to AUTHORIZE STAFF TO ENTER IN TO A CONTRACT WITH WSB & ASSOCIATES FOR A NOT-TO-EXCEED PRICE OF $98,458.00. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Septenaber 5, 2017 Mendota Heights City Council Page 12 of I S F) ORDER PREPARATION OF FEASIBILITY REPORTS Councilmember Petschel moved to adopt RESOLUTION 2017-71 ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE LEXINGTON HIGHLANDS NEIGHBORHOOD IMPROVEMENTS (PROJECT #201706). Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017-72 ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE MENDAKOTA NEIGHBORHOOD IMPROVEMENTS (PROJECT #201706). Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to adopt RESOLUTION 2017-73 ORDERING PREPARATION OF FEASIBILITY REPORT FOR SOUTH PLAZA DRIVE IMPROVEMENTS (PROJECT #201706). Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 G) AUTHORIZE RECRUITMENT PROCESS FOR POLICE CAPTAIN Police Chief Kelly McCarthy explained the request to authorize for the recruitment of Police Captain. The position is fully funded for 2017 and has been vacant since January. Assistant City Administrator Cheryl Jacobson and Chief McCarthy would work to ensure the process is fair and transparent. Councilmember Duggan asked if the process for replacement of the Police Officer being promoted should be started at this point. Chief McCarthy replied that this promotion would need to take place first. Councilmember Petschel moved to AUTHORIZE STAFF TO TAKE THE STEPS NECESSARY TO BEGIN THE 1NTERNAL PROMOTIONAL RECRUITMENT PROCESS TO FILL THE POLICE CAPTAIN VACANCY. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 H) RESOLUTION 2017-74 APPROVE FINAL PLANS AND SPECIFICATIONS, AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE CITY HALL LOWER LEVEL REMODELING PROJECT AND EXTERIOR WALL MASONRY REPAIR City Administrator Mark McNeill stated that for several years City staff has been dealing with mold and water intrusion issues in the Police Department and storage areas in the lower level of City Hall. Some of the mold has been abated and other parts have been encapsulated and need to be removed. This is a process that would require remodeling in a number of phases. Septel�aber S, 2017 Me��dota Heiglzts City Couizcil Page 13 of I S Since February 2017 JEA Architects has been working on the lower level remodeling and exterior wall masonry repair plans. Staff now has the specifications for that work. During the planning for the remodeling, additional sources of water were discovered inside the building. A specialist was called to review issue. Design work has been completed for the masonry and they are recommending that the City solicit bid alternatives to determine if only the most pressing parts of the project should be addressed or if the work could all be completed at the same time. The plans also include remodeling work in the Police Department to make it more functional. Staff recommended that the Council authorize staff to advertise for bids, with a bid opening on September 27, 2017. This would then come back to the Council for award on October 3, 2017. Staff would like to get the masonry part of the project underway before the winter freeze. Councilmember Duggan asked if any consideration had been given to using the 2nd floor for additional space for the Police Department. Administrator McNeill replied that would be outside of the shared area and is unsure it would be used as much. Councilmember Duggan noted that when the previous restoration work had been done on the masonry on the front of the building, the contractor only went down four or five feet. His thought was that maybe they could have saved themselves some work if the contractor had gone all of the way down to the very foundation. He suggested that the option be for the WHOLE of the building being done rather the just the one part mentioned. Administrator McNeill replied that when staff looks at the budget, they can determine if just the south side of the building and around the corner to the west is something that can be done or whether they want to include the north side of the building also. Councilmember Petschel moved to adopt RESOLUTION 2017-74 APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2017 CITY HALL LOWER LEVEL REMODELING AND EXTERIOR WALL MASONRY REPAIR PROJECT. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Administrator McNeill noted that staff would be bringing back a modification of the JEA Architects contract to accommodate the changes to the scope of the project. No announcements were made. COMMITNITY ANNOUNCEMENTS COUNCIL COMMENTS Councilmember Petschel commented that if anyone had a chance to see KSTP's coverage of the first day of school at Minnehaha Academy's new location in Mendota Heights, what they accomplished outside and inside that building is nothing less than stunning in the two-week time period they had to complete the project. Septenaber 5, 2017 Mendota Heights City Council Page 14 of I S She continued by noting that South Plaza Drive is desperately in need of repair. There will be a new building going in there soon. The City is going to be reconstructing this street in 2018 and then there will be a lot of heavy trucking in and out of there with further construction. She suggested the City include language in the building ordinances to ensure the streets are intact when a building construction project is completed. Councilmember Duggan interjected that he was certain that language is already in the City Code. Councilmember Petschel continued that this is something she would like staff to take a look at. Mayor Garlock expressed his appreciation to all of the residents for their patience during all of the construction on the area roads. Councilmember Miller cordially invited everyone to the Visitation Girls Soccer game on September 9. They will be playing 4th rank St. Paul Academy. Councilmember Paper noted that he visited Minnehaha Academy in their new space. It is incredible what they have accomplished in 15 days. The Council and staff have been invited to tour the building. He wished all students a fantastic school year. He reminded all drivers to watch for students walking or waiting for the bus. Councilmember Duggan noted that the businesses at Mendota Plaza and The Village at Mendota Heights are being challenged with the construction in the area. He reminded residents to frequent our local businesses. Councilmember Petschel noted that she would like the City to look at branding the area shopping centers of Mendota Plaza and The Village, and then promoting the brand. She believes this would be a benefit to the merchants, the residents, and the City. She would like to work on that going forward. I_���[�1�1.7�1 Mayor Garlock moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:04 p.m. �-� � Neil Garlock Mayor ATTEST: f Lorri Smith City Clerk September S, 2017 A7e�zdota Heights City Cou��cil Pnge I S of 15