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2017-12-05 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 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 Duggan moved adoption of the revised agenda with the addition of consent calendar item o. Designation of Floating Holiday for Non- Union Staff. Councilmember Petschel 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 a) Approval of November 21, 2017 City Council Minutes, c) Acknowledge October 24, 2017 Planning Commission Meeting Minutes, d) Approval of Resolution 2017-109 Reappointment of Commission Members, g) Accepting Donations to Fire and Police Departments, i) Approve Resolution 2017-101 Approving a Permit to the Minnesota Department of Transportation (MnDOT)—Trunk Highway 149 Rehabilitation Project, and m) Approve Appointment of Probationary Firefighters. a. Approval of November 21, 2017 City Council Minutes b. Approval of November 21, 2017 Council Minutes-Closed Session c. Acknowledge October 24, 2017 Planning Commission Meeting Minutes d. Approval of Resolution 2017-109 Reappointment of Commission Members e. Approve Tobacco License Renewals f. Approve Resolution 2017-108 Designating Polling Locations for 2018 g. Approve Resolution 2017-107 Accept Donation From the Coss Family Foundation and Resolution 2017-110 Carolyn Adams h. Approve Resolution 2017-100 Joint Powers Agreement for Waste Abatement Community Funding with Dakota County i. Approve Resolution 2017-101 Approving a Permit to the Minnesota Department of Transportation (MnDOT)—Trunk Highway 149 Rehabilitation Project j. Approve Resolution 2017-102 Accepting Offer for Permanent Easements from MnDOT for the Trunk Highway 149 Rehabilitation Project k. Approve Resolution 2017-103 Calling for Public Hearing on Right-of-Way Vacation of Bluebill Dr 1. Authorize Police Captain Position Recruitment m. Approve Appointment of Probationary Firefighters n. Approval of Claims List o. Designation of Floating Holiday for Non-Union Staff Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF NOVEMBER 21, 2017 CITY COUNCIL MINUTES Councilmember Duggan, referring to New and Unfinished Business, Resolution 2017-95, second paragraph, suggested adding the word `with', "The final plat is consistent with, and an accurate reflection of, the preliminary plat". Councilmember Duggan moved to approve the corrected November 21, 2017 City Council Minutes. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 C) ACKNOWLEDGE OCTOBER 24, 2017 PLANNING COMMISSION MEETING MINUTES Councilmember Duggan, referring to discussion in regards to Planning Case #2017-26, stated that a concern was raised about the requirement of the City asking to have qualified t�ee landscaping professionals in relation to landscaping. He questioned if this requirement is specifically only for the critical area. He suggested that the Council take a look at this going forward. Councilmember Duggan moved to acknowledge the Planning Commission minutes from October 24, 2017, and to have the Council examine the condition of having a qualified tree landscaping pNofessionals/firms complete the necessary work in the critical area. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Dece»abe�° 5, 2017 Mendota Heights Ciry Council Page 2 of 9 D) RESOLUTION 2017-109 REAPPOINTMENTS ADVISORY COMMISSIONS Councilmember Duggan expressed his appreciation to the residents who are willing to serve on the City's commissions. He would love to see a few others added down the line, such as an IT Commission and a Finance Commission. He also wanted to let the public know that there is now an opening on the Planning Commission, since Mr. Doug Hennes has served three full terms and cannot be reappointed. Councilmember Petschel acknowledged her gratitude to Doug Hennes who has served on the Planning Commission. Councilmember Petschel moved to adopt RESOLUTION 2017-109 REAPPOINTMENTS ADVISORY COMMISSIONS. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 G) APPROVE RESOLUTION 2017-107 ACCEPT DONATIONS FROM THE COSS FAMILY FOUNDATION AND RESOLUTION 2017-110 ACCEPT DONATION FROM CAROLYN ADAMS Councilmember Duggan noted that the Coss family has been in the community doing wonderful things. This may be the largest donation that has been made to the City by a family. He expressed his appreciation to the Coss family. Chief of Police Kelly McCarthy stated that this is two separate donations, one to the Mendota Heights Police Department for ongoing training and one donation to the Mendota Heights Fire Relief Association. Both departments are very grateful for these donations. Councilmember Petschel moved to approve RESOLUTION 2017-107 ACCEPTING DONATIONS FROM THE COSS FAMILY FOUNDATION. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Councilmember Petschel moved to approve RESOLUTION 2017-110 ACCEPTING DONATION FROM CAROLYN ADAMS. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 I) RESOLUTION 2017-101 APPROVE PERMIT TO MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) — TRUNK HIGHWAY 149 REHABILITATION PROJECT Councilmember Duggan asked for confirmation that the work completed this past sluniner on Highway 110 would not be undone when MnDOT rehabilitates Highway 149 next summer. Public Works Director Ryan Ruzek replied that the City would coordinate its local projects with this state project. The City has scheduled improvement projects for South Plaza Drive and Mendakota neighborhood. Staff is working closely with MnDOT. Decenzber 5, 2017 Meizdota Heights City Council Page 3 of 9 Councilmember Duggan suggested that staff ask MnDOT to reconsider establishing a right-out from The Plaza area onto Highway 110. Mr. Ruzek noted that they would ask, however, with the location of the underpass, that may interfere with the feasibility of a right out access. Councilmember Duggan moved to adopt RESOLUTION 2017-101 APPROVING A PERMIT TO THE MINNESOTA DEPARTMENT OF TRANSPORTATION (MNDOT) — TRUNK HIGHWAY 149 REHABILITATION PROJECT. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 M) PROBATIONARY FIREFIGHTER APPOINTMENTS Councilmember Duggan noted that the City has two new firefighters. He believes that there should be some sort of effort to increase the hourly wage for these positions. City Administrator Mark McNeill replied that this would be on the agenda for the next meeting. This would be increased due to the increase of the federal minimum wage law. Councilmember Duggan moved to appoint Brandon Schlass and Rebecca Johnson as probationary firefighters with an effective date of December 6, 2017. Councilmember Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Bruce Bobbitt, 2455 Hampshire Court, asked if, after the budget presentation, there would be a time for public comments. Mayor Garlock replied in the affirmative. PRESENTATIONS A) RESOLUTION 2017-106 ADOPTING THE 2018 BUDGET AND LEVY Finance Director Kristen Schabacker presented the final budget and levy for 2018. She noted that in September 2017, the Council adopted the Preliminary Levy and Budget, which was certified to Dakota County. Ms. Schabacker stated she has received calls from two residents regarding their property taxes. They inquired as to the amount of the increase and what that exactly entailed. She explained the greatest increases to the budget included personnel and staffing costs and capital items. She showed the impact this would have on the levy and on residential properties. She compared the 2017 final budget to the 2418 final budget amounts. Ms. Schabacker explained that the 20181evy is $8,591,146 representing a 7.52% increase over last year. The 2018 budget for all funds totals $13,714,206. The taxable market value for 2018 is $1,986,001,200 — an increase of 5.94% from 2017. The 2018 proposed city tax rate is 37.815 compared to the 2017 tax rate of 37.487. The average residential home value will increase approximately 5.50% from 2017. Decenaber 5, 2017 Mendota Heights City Council Page 4 of 9 Additions to the 2018 budget include additional staff of 2 police officers, a GIS Technician, and a part- time Volunteer Coordinator. Councilmember Duggan asked if the addition for street lighting was for the new tunnel. Ms. Schabacker replied in the negative. She stated this increase only affects the parcels located in the Industrial Park. Councilmember Duggan asked how many years are left to pay on the bonds for the Par 3. Ms. Schabacker replied that approximately four to six years are remaining on the Par 3 bonds. Mr. Duggan expressed his appreciation for Ms. Schabacker's hard work on putting this budget together. Mr. Bruce Bobbitt, 2455 Hampshire Court, noted that last year, his taxes increased 8%, and he was told that there were special expenditures that were levied last year to bring the budget into alignment with some of the long-term financial funding. He had been assured that it was a one-time occurrence. He asked if there was a way that the City could reduce the tax levy by finding savings in other places to counterbalance the new spending. He stated that he understands that the two new police officer positions are needed and he supports them. Councilmember Duggan stated that the last three or four years, the City has had more than a few challenges in various departments. He was happy that the new Chief has brought in new staff, which would bring relief to the department. Hopefully next year, residents will see the levy increase drop back, however, he was unable to make any promises. Mr. Bobbitt noted that he was asking if the City could find a way to reduce the budget in other areas. Mayor Garlock stated that this was his first year being involved in the budget process and he thought they did a fine job prioritizing the increases needed. He believed that this budget had a lot of work put into it and there were some creative ways to keep the increases down as much as possible. However, there is always room for improvement. Councilmember Petschel stated that in years past, the City coasted on 2%, 5%, 4.5% increases, while the infrastructure and capital items were aging. Now it needs to be replaced. The number of capital items in the budget for next year is higher than average. She believes the City has a good plan going forward in terms of an equipment replacement program that will make equipment replacement more of a budgeted item. She explained that it has taken the City a couple of years to get ahead of the curve on this. Mr. Bobbitt stated that he has lived in Mendota Heights for 25 years and he likes it here. He believed it to be important that the citizens have the ability to ask questions and understand what the justifications are. When he sees a trend towards tax increases, he believes it is important that the elected officials understand that it does have an impact. Councilmember Petschel moved to adopt RESOLUTION 2017- 106 APPROVING FINAL 2017 TAX LEVY COLLECTIBLE IN 2018 AND ADOPTING PROPOSED BUDGET FOR 2018. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 Decenzber 5, 2017 Mendota Heights City Council Page 5 of 9 PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-104 APPROVING A LOT SPLIT (SUBDIVISION) REQUEST FOR 697 WESLEY LANE (PLANNING CASE NO. 2017-28) Community Development Director Tim Benetti explained that this request was from Mr. Keith Schweiger, who was requesting a lot split approval. The parcel is located on the northwest corner of Wesley Lane and Wesley Court. The total lot size is just over 0.8 acres. It is zoned R-l. There is currently a single family home on the property with a driveway onto Wesley Lane. Councilmember Miller, referencing the current driveway location, noted that the new driveway would have a minimum 5-foot setback from the property line. He asked if they were completely removing the existing driveway. Mr. Benetti replied this was correct. The retaining wall shown in the photograph would be adjusted as well. Councilmember Paper asked if there should be a backup pad in the new driveway. Mr. Benetti replied that it is not required but it could be suggested to the property owner. Councilmember Paper asked if the existing hill would be softened into the driveway. Mr. Benetti replied in the affirmative. Mr. Schweiger stated that he would make every effort to save the existing trees in that location. Councilmember Duggan stated that the third condition in the resolution reads "The lots shall include infiltration of 1 inch over all new increased impervious surface and there shall be no increase in run off from the existing conditions". He asked who determines that and is it recorded. Mr. Benetti noted that this is an engineering requirement based on the City's current stormwater management plan for any property being redeveloped or developed. Public Works Director Ryan Ruzek noted that this was adopted as the City's Land Disturbance Guidance in 2006. On the grading plan, the applicant would provide the City Engineer with the information needed on how they are going meet that requirement. Councilmember Duggan asked if the `string rule' was still around in regards to housing setback requirements. Mr. Benetti replied that it is indicative of what is being suggested here. The developer could have had a setback of 32.8 feet; however, he agreed to the suggested 35.5 foot setback. Returning to Condition 3, Councilmember Duggan asked if he was correct in assuming that the amount of impervious surface would be reduced with the removal of the existing driveway. Mr. Benetti replied that, based on the amount of driveway being removed, it would be reduced. Councilmember Duggan noted Condition #6 in the resolution that reads "The Applicant agrees to preserve and protect as many mature/over-story trees on the subject site; shall submit a detailed landscape plan for each new lot as part of any new building permit application review; and shall plant one 6'-8' evergreen tree for each evergreen tree removed, plus one 2" to 3" caliper sized deciduous tree for each deciduous tree removed". He asked for confirmation that there is some leeway here in that it is not saying that if he takes out a tree that he has to plant another. Mr. Benetti confirmed. Decenaber 5, 2017 Mendota Heiglits City Council Page 6 of 9 The applicant, Mr. Keith Schweiger, came forward and stated that he and his wife want to move into a single level living residence and want to stay within the community. His brother has been thinking along the same lines and is contemplating purchasing the extra lot for himself. Councilmember Duggan moved adoption of RESOLUTION 2017-104 APPROVING A LOT SPLIT (SUBDIVISION) FOR 697 WESLEY LANE (PLANNING CASE NO. 2017-28). Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2017-105 APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR 2260 WAGON WHEEL COURT (PLANNING CASE NO. 2017-29) Community Development Director Tim Benetti explained this was an application from Gonyea Homes on behalf of Jason & Thomasine Eggers who are requesting a conditional use permit for an oversized garage and a wetlands permit. The subject parcel is located at 2260 Wagon Wheel Court, located off Wagon Wheel Court and Wagon Wheel Trail. In December 2015, the City adopted Resolution 2015-93, which approved a preliminary and final plat of Caroline's Lake Second Addition, a two lot subdivision. The Eggers purchased the 2.31 acre lot and are requesting to construct a 4,440 square foot single-family residential dwelling with an attached 1,427 square foot garage. The garage would have two 16.2-foot wide overhead doors. Any attached garage more than 1,200 square feet — but less than 1,500 square feet, is permissible with a Conditional Use Permit. Access to the property would be off Wagon Wheel Court. Because of the proximity to the wetlands, a wetlands permit is required. The structure would be located approximately 80 feet from the edge of the wetland, and approximately 135 feet the edge of Rogers Lake. The stormwater pollution prevention plan (SWPPP) shows a double row of silt fencing to prevent any type of runoff from any construction work. There are a number of trees being removed, although many of them are invasive. The site is heavily overgrown with volunteers and buckthorn. Instead of asking for a 1-to-1 replacement of trees, staff requested 15 to 20 new trees be planted. Mr. Egger stated that he would be willing to replace as many trees as possible — and maybe more. Councilmember Petschel asked for clarification of the placement of the utilities on the lot and whether or not the preferred location of the driveway entrance was from Wagon Wheel Court. Mr. Benetti replied that when the Ratchye/Light family provided the lot split, they made their own new utility connections. There is a sanitary and water service line off Wagon Wheel Trail. This used to serve the home itself. When they did the lot split, the Ratchye/Light family provided new service lines out to Wagon Wheel Court. As part of any connection fee, to make the connection to Wagon Wheel Court — there is a street utility fee that the applicant must pay as part of a physical connection onto that system. If they do a utility connection onto Wagon Wheel Court there is an additional fee; but they do not pay it if they can utilize the two existing systems that are in place right now. That will be determined later by the applicant's engineer, architect, or builder. As for the driveway, it would be easiest to connect straight out to Wagon Wheel Court. December 5, 2017 Mendota Heights Ciry Council Page 7 of 9 Councilmember Paper, referring to the description of the request asking for two 16.2-foot garage doors, asked where the 0.2 feet was coming from. Mr. Benetti replied that was the way the doors measured out. Councilmember Paper asked, since this is a large lot, if it were to be subdivided again, how much of the property between the new home and Wagon Wheel would be buildable with the wetlands. Mr. Benetti noted that the lot could potentially be split again; however, the Eggers went on record saying that they have no intention of doing that. The difficulty would be to reconnect to the service lines and they cannot be built upon. He would consider that as unbuildable until that issue was resolved. Councilmember Paper asked for an explanation of floor drains in a garage and the regulations for those. Mr. Benetti replied that he is unaware of any building code requirements. Minnesota does allow them but they cannot be tied directly into any of the sanitary systems. Councilmember Paper asked if there could be a condition added stating where the drains could empty, because of the proximity to the wetland area. Councilmember Petschel stated that she shared that concern and suggested that a condition be added assuring the drainage from a garage drain would not impact the lake or wetland. Councilmember Duggan moved to adopt RESOLUTION 2017-105 APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR 2260 WAGON WHEEL COURT (PLANNING CASE NO. 2017-29) WITH THE ADDITION OF A CONDITION STATING THE GARAGE DRAINS WILL NOT IMPACT ROGERS LAKE OR THE WETLAND AREA. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 COMM[_7NITY ANNOUNCEMENTS There were no community announcements. COUNCIL COMMENTS Councilmember Duggan expressed his appreciation to Visitation Choir and Connie Evingson for providing music at the tree lighting on Saturday. He stated the vitality of the City was well demonstrated with the presence of many young families. He encouraged everyone to support our local stores. He pointed out that the Henry Sibley High School Band will be representing the State of Minnesota at Washington DC on July 4, 2018, and they could use some help financially. He encouraged all residents to donate. Councilmember Duggan congratulated Chief McCarthy on her one-year anniversary, noting that the comfort level she has brought to the Police Department and to the City has been amazing and delightful. He expressed condolences to Mr. Jack Vitelli who lost is mother this last week. He announced that Mr. Steve Goldade, Principal at Mendota Elementary and a member of the Parks- Rec Commission, has a son who was recently appointed Cadet Colonel at St. Thomas Academy. He expressed his congratulations. Decenaber• 5, 2017 Mendota Heights City Council Page 8 of 9 Councilmember Paper expressed his appreciation to Mr. Bobbitt for his constructive comments this evening. He also expressed appreciation to city staff and his fellow councilmembers as there is going to be a Menorah Lighting at The Village on December 12, 2017 at 6:00 p.m. to commemorate the first night of Hanukkah. Councilmember Miller encouraged all residents to adopt a fire hydrant on or near their property to keep it shoveled out. It helps out the firefighters, if they need to use it in an emergency. Mayor Garlock noted that it was quite an honor for him to light the Holiday Tree at The Village. They had a great turnout. He complimented the Public Works employees on the good condition of the streets after the last snow fall. Councilmember Petschel noted that she attended the funeral for Mr. Jack Vitelli's mother. Her last years were spent at one of our local Heart-to-Home facilities and that her care was loving and supportive. A new Heart-to-Home facility was just approved near Rogers Lake and she reminded the neighbors who expressed concerns that they are not caring for strangers at these facilities. The residents are our neighbors who are aging, have memory problems, or need hospice care. This is a beautiful thing that happens in this community. ADJOURN Councilmember Petschel moved to adjourn. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:46 p.m. ATTEST: � Lorri Smith City Clerk �t�?� �,,,�'�-.� Neil Garlock Mayor Dece»aber S, 2017 Mendota Heights City Council Page 9 of 9