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2018-02-07 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, February 7, 2018 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 7:05 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) SPECIAL PRESENTATION BY FUTURE CITIES Mr. John Mazzitello explained the Friendly Hills Middle School Future Cities Program. It is a program sponsored by the American Society of Civil Engineers that challenges 6th, 7th and 8th grade students to devise, develop, and build a city of the future based on a specific theme. This year's theme was the Aged Friendly City. The school has been participating in the program for 10 years. This year, three teams were entered into the competition, all of which finished in the upper half of the competition state wide. Ms. Crystal Mielke, Friendly Hills Middle School Science Teacher, provided additional information about the competition and the three all -girl teams who participated. One team made it into the finals and placed fourth out of 60 teams. Two members of this team provided information about their project and answered questions from the Councilors. CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items f) Resolution 2018-14 Approve Plans and Authorize Advertisement for Bids for the Ivy Hill Park Pond Improvement and h) Approval of Citizen Comments Guidelines. a. Approval of January 2, 2018 Council Work Session / Closed Session Minutes b. Approval of January 16, 2018 City Council Minutes c. Approval of January 16, 2018 Council Work Session / Closed Session Minutes d. Approval of Temporary Liquor License for Beth Jacob Congregation for March 18, 2018 e. Approval of Resolution 2018-11 Approving Community Development Block Grant (CDBG) Funding Application through Dakota County — FY 2018 f. Resolution 2018-14 Approve Plans and Authorize Advertisement for Bids for the Ivy Hill Park Pond Improvement g. Approval of Recreation Facilities Reservation/Special Event Policy h. Approval of Citizen Comments Guidelines i. Approval of Claims List Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM F) RESOLUTION 2018-14 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE IVY HILL PARK POND IMPROVEMENT Councilor Miller expressed his appreciation to the neighbors in this area for their attention to this pond. He stated he hoped this was a harbinger of things to come with respect to the other wetlands, ponds, and natural areas in the city that are in need of assistance and upkeep. Public Works Director Ryan Ruzek agreed and noted that staff hopes to learn a lot of valuable knowledge with this project that they can carry forward to other ponds and projects in the city. Councilor Petschel moved to adopt RESOLUTION 2018-14 APPROVE PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE IVY HILL PARK POND IMPROVEMENT. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) COUNCIL MEETING CITIZEN COMMENT GUIDELINES City Administrator Mark McNeill noted that Councilor Duggan requested this item be tabled to a future meeting when all Councilors would be present. The Council opted to move forward on this topic. City Administrator Mark McNeill noted that the city has not had guidelines for the public to make comments at Council meetings, in terms of the topics, the duration, or what might be said. Staff was aware of other cities where it is common to have guidelines so that residents know what the duration of time is. Staff suggested the following guidelines: February 7, 2018 Mendota Heights City Council Page 2 of 10 "The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised." If approved, these guidelines would be printed on future City Council agendas and would be posted on the podium. Councilor Miller stated that he supports this and understands it would benefit the public. However, he believes the Council needs to tread lightly. The desire to run an expedited meeting should never outpace the enthusiasm that the Council should have for public sentiment. Councilor Petschel pointed out there is nothing new in this policy. She agreed that some things can be enforced more literally; however, there have been times where a number of people wish to speak under Public Comments and it is not fair to anyone wanting to speak to have one person speaking at great length. The policy also asked that comments not be repeated and only persons with something new to say to come forward. There is always flexibility. To have a formal guideline is a good idea. Mayor Garlock noted that the guidelines state that if the comment on one item is going to take longer than five minutes, then there is an avenue to place the item on the agenda. Councilor Miller agreed with all of the comments made and pointed out that the Council is not trying to curtail public engagement and that if there are 100 people who want to speak, then they all should be allowed to speak. Mayor Garlock moved to adopt the Council Meeting Citizen Comment Guidelines. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Febr°ua;y 7, 2018 Mendota Heights City Council Page 3 of 10 PUBLIC COMMENTS Mr. Keith Ostrosky, 1680 Lexington Avenue South, asked the Council to take under consideration and include their property in the amended Comprehensive Plan and rezone it. They would like to develop their land into small, high-end, medium density housing. This would be a place where aging people could have a one -level home. He noted that he believed there was a shortage of this type of housing in Mendota Heights. There are over 400 multi -family units surrounding him and believes that his own property should be rezoned to multi -family as well. PRESENTATIONS A) MENDOTA HEIGHTS NORTH -SOUTH MOBILITY STUDY Mr. Joe Devore of KLJ Engineering presented the Mendota Heights North-South Mobility Study, which looked at Dodd Road, Delaware Avenue, and some of the neighborhoods around St. Thomas Academy. At the December 19, 2017 Council meeting, KLJ Engineering shared their initial findings of where the traffic volume was coming from with the Viking Lakes Development and the Inver Grove Heights North-West Development. Both scheduled to be built between now and 2040. They looked at what routes this traffic might use to go north/south through Mendota Heights and they presented the existing and future safety and operations analysis in this first meeting. KLJ Engineering provided a quick summary of the December 19th meeting. The summary included a description of the study area, directional distribution from the two major developments, major volume increases, traffic operations and existing levels of service along with anticipated levels of service based on these future developments. He noted definite needs in traffic improvements. Existing safety data and existing conditions that would warrant traffic signals was also reviewed. They answered the follow-up questions from the Council. KLJ looked into the AUAR data for the Viking Lakes Development and the Inver Grove Heights Development AUAR's; neither development was assumed in the other AUAR so this is the first study that really put both of those volumes together into the same study. The Inver Grove Heights AUAR was done in 2008 and updated in 2011 and the Vikings study was just completed in 2016. KLJ also shared the daily Viking Training Camp in Mankato attendances over the last several years, which was under 5,000 per day with a maximum of 6,000 when scrimmages occurred. The estimated new attendances for the site in Eagan (from the draft event plan) is between 6,600 and 7,200 people for a day of training camp (2,100 and 2,300 vehicles). As requested, KLJ developed alternative costs for all of the scenarios; suggested a fire station warning system for when fire trucks would be entering and exiting the station; and the percentage of total traffic on Dodd Road and Delaware Avenue was attributed to the Vikings and Inver Grove Heights Developments. Councilmember Paper asked for an explanation of the two scenarios for the crossing at Dodd Road and Highway 110 and how they would impact the gas station. Mr. Devore replied that the effects of the 'the super street' and `continuous flow' on North Plaza Drive were not really looked at. When KLJ looked at February 7, 2018 Mendota Heights City Council Page 4 of 10 the three signals within an upgraded Dodd Road and Highway 110 intersection, it did work with the reduced access scenario where they still kept the incoming left and drivers could still get into North Plaza Drive. Councilor Petschel stated that she frequently travels through the Wagon Wheel and Decorah intersection, which is dangerous. She asked how KLJ would align that intersection and did they consider that they would have to purchase right-of-way and was that included in the cost analyses. Mr. Devore replied that the right-of-way acquisition was not reflected in the cost analyses; however, it would be a substantial. Councilor Petschel observed that this study was completed because of the new development at the Vikings complex and the complete build -out of that development would not be seen for a while. It also includes the extensive development that is going to occur in Inver Grove Heights. Mendota Heights becomes the conduit in and out of those developments. This is a regional problem and needs to be addressed regionally. Mendota Heights has done its homework; she believes the ultimate solution to this is that everyone needs to be at the table. She would like to see a forum with the intention of doing short- term and long-term planning with other entities. Mr. Devore agreed and stated that there needs to be coordination with Dakota County and MnDOT as Dodd Road is a MnDOT Trunk Highway and Delaware Avenue and Argenta are county roads. Mayor Garlock expressed his appreciation for the very thorough study and for the information. PUBLIC HEARING A) RESOLUTION 2018-13 ORDER PLANS FOR THE LEXINGTON HIGHLANDS, SOUTH PLAZA DRIVE, AND MENDAKOTA NEIGHBORHOOD IMPROVEMENT Public Works Director Ryan Ruzek introduced Mr. Brad Reifsteck from WSB and Associates, who went through a presentation on the Lexington Highlands, South Plaza Drive, and Mendakota Neighborhood Improvement Project. Mr. Reifsteck explained that a feasibility report had been prepared and a neighborhood meeting was held on January 10, 2018. There were approximately 40 residents in attendance. The residents asked a variety of questions regarding assessments, timing, construction issues, traffic issues, and street drainage issues. Mr. Reifsteck shared images of the project area, which included the proposed streets to be rehabilitated — Avanti Drive, Bwana Court, Faro Lane, Summit Lane, Twin Circle Drive, Vail Drive, West Circle Court, Mendakota Court, Mendakota Drive, South Plaza Drive. Some of the concerns staff are aware of include poor traffic conditions, poor traffic flows, and failing bituminous paving surfaces. Other issues to be addressed include drainage issue, containment systems, and the inconvenience to the residents. Since this is a rehabilitation project. All of the area pavements will be reclaimed and recycled in place, the concrete curb and gutter will be replaced as necessary, and drainage improvements would be completed. Pursuant to the City's Street Rehabilitation and Reconstruction Policy, the benefiting properties should be assessed 50% of the project costs. The total estimated cost of the project is $1,802,364; and the funding sources are assessments, $72,230 from the Utility Fund, and $1,134,150 from Municipal Bonds. February 7, 2018 Mendota Heights City Council Page 5 of 10 Assessments are estimated to be $3,988.36 for each of the 81 units in the Lexington Highlands; South Plaza Drive would have a footage assessment of $30.73/foot; Mendakota Neighborhood would have a total assessment of $194,996; with residents along Mendakota Drive having a foot assessment of $27.46/foot. Bids for the project would be opened in April and construction would begin in mid-May or June. Councilor Petschel asked if the percentage of the assessment would be the same as the most recent residential projects that have been done. Mr. Ruzek replied that staff has been capping the assessments at the $3,950 and the calculated assessments for this project were less than that. Councilor Petschel also noted that the city did a street inventory as part of the long-term street plan and that they were finally getting to the street that was identified as the worst street in the city. Mr. Ruzek clarified that the city's assessment policy is to have a 10 -year repayment period on rehabilitation projects. Mendakota Drive and Mendakota Court were discussed. Options were presented for residents living on Mendakota Court. This street could be serviceable for another five years, however, they would be living with construction projects twice, since Mendakota Drive will be refurbished this year. There are 34 properties on Mendota Court and the residents who attended the informational meeting were asked to provide staff with their choice on how they would like to proceed. Five requests were received to delay the project and two to proceed now. Councilors asked various questions regarding the condition of Mendakota Drive and Mendakota Court, what the pavement management index numbers actually mean, what it would mean if the project or parts of the project were delayed and patching completed instead, and the possibility of rehabilitating the parking lot of Mendakota Park as part of this project. Councilor Petschel moved to open the public hearing. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Ms. Julie Bader, 910 Mendakota Court, stated she does not know of any issues with the road or the drainage in the neighborhood. She questioned why Mendakota Court would be refurbished five years ahead of time. She also asked for clarification on the assessments; is her neighborhood having to assume some of the costs for the other parts of the entire improvement project. Mr. Ruzek replied that essentially they are paying a portion of these but not as part of their assessment. The project costs are broken down to Mendakota Court, Mendakota Drive, South Plaza Drive, and the Lexington Highlands. They took those costs, subtracted the city costs, and divided that by half to come up with what the assessment values would be. The city is bonding for its share so essentially everyone is paying a portion of the city bonds, which are funded by taxes; however, it is not part of the direct assessment. Ms. Bader then asked as further clarification, that the $3,988.36 would just be for the Mendakota Court rehabilitation. Mr. Ruzek confirmed. February 7, 2018 Mendota Heights City Council Page 6 of 10 Councilor Petschel asked if this project would include a way to address the dangerous Mendakota Drive and Mendakota Court intersection. Mr. Ruzek replied that staff has looked at ways to mitigate the danger by reconfiguring it. Mr. Frank Friedmann, 906 Mendakota Court, stated that he understands the pavement replacement is inevitable; however, he and his wife are in favor of delaying this part of the project until there is a time when it would make more sense. Ms. Mona Friedmann, 906 Mendakota Court, agreed that Mendakota Country Club intersection is dangerous. She asked if they could put up a sign that says `cross traffic does not stop'. Mr. Chris Scotti, 861 Mendakota Court, stated that based on everything he has heard that delaying the rehabilitation on his road makes sense. Mayor Garlock moved to close the public hearing. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilor Petschel moved to adopt RESOLUTION 2018-13 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LEXINGTON HIGHLANDS, SOUTH PLAZA DRIVE, AND MENDAKOTA NEIGHBORHOOD IMPROVEMENTS (PROJECT #201707). Councilor Miller seconded the motion. Councilor Paper stated his opinion that if Mendakota Court is scoring a 50 out of 100, it has a significant amount of life left, and it would not have an impact on the project on Mendakota Drive — that it not be completed at this time. If spot repairs are needed they can be addressed on an individual basis; however, to tear out a perfectly good road just because we're in the neighborhood does not make sense. Mayor Garlock stated that he would definitely be in favor of delaying it. Councilmember Petschel amended her resolution to be to adopt RESOLUTION 2018-13 WITH THE EXCLUSION OF MENDAKOTA COURT AND TO STRIKE ANY REFERENCE TO MENDAKOTA COURT. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Petschel) February 7, 2018 Mendota Heights City Council Page 7 of 10 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-09 APPROVING A LOT LINE ADJUSTMENT (SUBDIVISION) REQUEST FOR 572 AND 566 HIAWATHA AVENUE (PLANNING CASE NO. 2018-01) Community Development Director Tim Benetti explained that this request from Mr. Ed Meisinger, 572 / 566 Hiawatha Avenue to make a very simple lot line adjustment. Both parcels are located in the R-1 district. 566 Hiawatha currently contains a one and quarter story, 800+ square foot, single family dwelling. The lot width is currently 125 x 200. 572 Hiawatha is a one-story rambler of approximately 1,700 square feet. This lot is 100 x 200. The request to move the lot line would make the Meisinger property 124 x 200 and the remaining lot 100 x 200. All set backs are easily met. Councilor Paper asked if there were a lot of fees involved in this. Mr. Benetti replied that it would be the normal $500 fee and then an escrow fee that usually gets refunded back to them. Councilor Paper moved to adopt RESOLUTION 2018-09 APPROVING A LOT LINE ADJUSTMENT FOR PROPERTIES LOCATED AT 572 & 566 HIAWATHA AVENUE. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) RESOLUTION 2018-10 APPROVING A LOT SPLIT (SUBDIVISION) REQUEST FOR 684 NORTH FREEWAY ROAD (PLANNING CASE NO. 2018-02) Community Development Director Tim Benetti explained this request made by Mr. Mark Gergen for a lot split at 684 North Freeway Road. The lot is zoned R-1, single family and contains a one-story walk- out dwelling just over 2,200 square feet. The subject lot is 1.15 acres in size with a 200 foot frontage along North Freeway Road. Basically the request is to split this into two 100 -foot lots with a depth of over 250 feet. Mr. Benetti then shared an image of what the lots would look like after the split, noting that they would meet the standard 100 -foot frontage requirement and the square foot requirement. The original house was built with a 30 -foot setback. Mr. Gergen had prepared a building pad site of 30 x 30 for both sites; however, staff indicated they would like to see that averaged out to be 38 -foot setback, which could easily be done. Mr. Gergen has agreed to this recommendation. Mr. Benetti explained that Condition #9 "The existing home must be demolished before the subdivision is recorded with Dakota County" has been altered since Mr. Gergen has requested that the demolition occur later on when the weather turns better. Staff has added a June 1, 2018 deadline for demolition and that it must remain vacant. Also, Condition #12 has been stricken since it was a repeat of Condition #10. Councilor Petschel, after reading the comments from the residents in the Planning Commission minutes, noted that it seemed like the neighboring residents were concerned about the stand of trees that they are used to in the back of the lot. Staff has agreed to walk the back of the lot when the building plans come forward to look at saving as many trees as possible. Mr. Benetti confirmed that this was still the plan. February 7, 2018 Mendota Heights City Council Page 8 of 10 Councilor Paper asked how far back the neighboring house was from the lot line. Mr. Benetti shared this information and explained the reason for the 38 -foot setback recommendation. Discussion ensued regarding the setbacks. It was ultimately decided to be consistent with past precedence and recommend a setback of 42 feet on the parcel between the neighbor to the east and Mr. Gergen's current residence. Mr. Mark Gergen, 1900 Oak Street, came forward and stated that he was not opposed to the staggered concept on the setback. He asked if the house could be set back 35 feet on the west property and 40 feet on the middle property. Staff and Council agreed to the adjusted setback footage. Councilor Petschel moved to adopt RESOLUTION 2018-10 APPROVING A LOT SPLIT (SUBDIVISION) FOR PROPERTY LOCATED AT 684 NORTH FREEWAY ROAD WITH THE MODIFICATION OF CONDITION #5 TO READ "FRONT -YARD SETBACKS FROM NORTH FREEWAY ROAD FOR FUTURE STRUCTURES ON BOTH PARCEL A AND PARCEL B SHALL BE A MINIMUM OF 36 -FEET" AND WITH THE MODIFICATIONS OF CONDITIONS #9 AND #12 AS DESCRIBED EARLIER. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) APPOINTMENT OF DAKOTA BROADBAND BOARD MEMBER AND ALTERNATE Assistant City Administrator Cheryl Jacobson explained that this request seeks the appointment of a primary and alternate member to the Dakota County Broadband Board. The board is being created in conjunction with the participating cities who have signed on to the Joint Powers Agreement for operation and administration of the I -Net and C -Net, or the Dakota County Fiber Ring. The city approved the JPA at the December 19, 2017 Council Meeting. The board is being created using the model of how the Dakota Communication Center board operates. They are asking that the participating cities to appoint a primary and an alternate member to the board. The board will meet a few times early onto establish by-laws, which will establish the terms of the board itself, as well as establish committees and sub -committees. There would be an executive committee that is established, which would be staffed primarily by participating city administrative staff and IT staff. It is expected that the executive committee and other ad hoc committees would probably do most of the work with the Dakota Broadband Board (DBB) being the approval authority. Mayor Garlock has indicated that he would volunteer himself as the primary board member. Councilor Paper volunteered to be the alternate member as he is currently serving on the Northern Dakota County Cable Commission. Councilor Petschel moved to approve the appointment of Mayor Neil Garlock as the primary member and Councilor Paper as the alternate member to the Dakota Broadband Board. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) February 7, 2018 Mendota Heights City Council Page 9 of 10 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced there will be a free workshop on invasive plants in the City Council Chambers on March 8, 2018. Master gardeners will be on hand to help identify invasive species and answer questions. COUNCIL COMMENTS Councilor Paper expressed his appreciation to Vivian and Stella for bringing in their Future Cities model and sharing that information. He also thanked Mr. Mazzitello for his mentoring. Reminder: the Henry Sibley Marching Band is hosting a pancake breakfast this Sunday at the high school. Councilor Miller took the opportunity to thank the Schaefer family and Moose Country for their financial support of the fire department and relief association in Mendota Heights. He recently learned that they have sold the Moose Country and it will be closing at the end of April or early May. Councilor Petschel acknowledged a letter in the St. Paul Pioneer Press thanking the residents of Hidden Creek for the absolutely spectacular Christmas decorations this year. Wagon Wheel was equally spectacular. She expressed her appreciation to the residents who take the time to do that. She also expressed her appreciation to Mr. Joe Devore for the wonderful presentation he gave on the North/South Mobility Study. The presentation was understandable and easy to follow. This is a marvelous document and blueprint for moving forward. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:55 p.m. ATTES Lorri Smith City Clerk Neil Garlock Mayor February 7, 2018 Mendota Heights City Council Page 10 of 10