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2018-02-20 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 20, 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 7:00 p.m. Councilors Duggan, Paper, and Petschel were also present. Councilors Miller and Duggan were 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. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) 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 e) Approve Resolution 2018-15 Amend Joint Powers Agreement for Cherokee Heights Ravine Stabilization. a. Approval of February 7, 2018 City Council Minutes b. Approval of February 7, 2018 Council Work Session Minutes c. Acknowledge January 9, 2018 Parks and Recreation Commission Minutes d. Approval of Temporary Liquor License for Mendota Elementary PTA e. Approve Resolution 2018-15 Amend Joint Powers Agreement for Cherokee Heights Ravine Stabilization f. Approve Resolution 2018-16 Cooperative Construction Agreement with the Minnesota Department of Transportation for Highway 149 (Dodd Road) Rehabilitation Project g. Accept Resignation of Mackenzie Leydon and Authorize the Recruitment of a Part -Time Receptionist h. Approval of City Hall Architect Contract Amendment #2 i. Acknowledge Receipt of January 2018 Fire Synopsis Report j. Acknowledge Receipt of January 2018 Building Activity Report k. Approval of January 2018 Treasurer's Report 1. Approval of Claims List Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) PULLED CONSENT AGENDA ITEM E) APPROVE RESOLUTION 2018-15 AMEND JOINT POWERS AGREEMENT FOR CHEROKEE HEIGHTS RAVINE STABILIZATION Councilmember Petschel noted that this project received a significant grant from the Lower Mississippi Watershed District (LMWD), so the scope of the project has become larger. She explained this is in the area of the bluff that collapsed several years ago and took the life of a child. Part of the project is going to include a hydrodynamic separator and she asked Public Works Director Ryan Ruzek to explain more about that. Councilor Petschel noted that this is a joint project with the cities of St. Paul and West St. Paul. Mr. Ruzek stated that the upper ravine is proposed to be stabilized. This ravine would be re -graded, layered with fabric, and then rip -rap installed. Now that the Clean Water Funds from the State of Minnesota, through the LMWD, have been received, the City is going to complete additional stabilization of the upper slopes of this ravine. They are also proposing to install the hydrodynamics separator on the outlet of the two separate storm sewer systems that run into the park located just north of Annapolis and Highway 13, as well as the one that comes from the Fremont neighborhood. Mr. Ruzek continued by explaining that the hydrodynamics separator is basically a manhole that has some extra baffles and a large sump on the bottom of it. As water enters the manhole, it is directed down into a swirling pattern in the middle. That traps all of the sediment in the center of the swirling water. Water can then come up and discharge out of the pipe. The advantage is that they make it easy to collect sediment and then annually the manhole would be cleaned out. Councilor Paper asked how deep it was. Mr. Ruzek replied that the minimum requirement is three feet and that the ravine stabilization will happen after the MnDOT project; likely next November or December. Mayor Garlock noted that there was some previous work done in the last couple of years in this area and asked if that previous work would be impacted. Mr. Ruzek replied that the stormwater pipe that went under Highway 13 used an outlet down a different ravine. MnDOT did extend that pipe and moved it up to that area approximately two years ago versus repairing the old metal pipe that went down the bluff. That was done at no cost to the city. February 20, 2018 Mendota Heights City Council Page 2 of 8 Councilor Petschel moved to adopt Resolution 2018-15 APPROVE AGREEMENT BETWEEN MENDOTA HEIGHTS, SAINT PAUL, WEST SAINT PAUL AND THE LOWER MISSISSIPPI WATERSHED MANAGEMENT ORGANIZATION (LMRWMO) REGARDING THE EROSION STABILIZATION OF THE CHEROKEE HEIGHTS UPPER RAVINE AND INSTALLATION OF TWO HYDRODYNAMIC SEPERATOR STORMWATER TREATMENT DEVICES. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) PUBLIC COMMENTS Ms. Jessica Larson, 850 Cheri Lane, explained that she feels the roads have been plowed wonderfully, however, she expressed concern about the amount of salt being put down on their street. She is concerned about the salt ending up in our waterways. She asked if the City of Mendota Heights needs to revise how they do the clearing of roads. She suggested focusing the salt on the curves and the intersections and not on the straight, flat neighborhood streets. PRESENTATIONS A) OPEN FOR BUSINESS PROGRAM (DAKOTA COUNTY COMMUNITY DEVELOPMENT) Community Development Director Tim Benetti introduced Ms. Lisa Alfson, Director of Community and Economic Development with the Dakota County Community Development Agency (CDA); and Ms. Laurie Crow, the Open to Business (OTB) business advisor who has worked in Dakota County since the program launched in 2013. Mr. Benetti explained that this is a Joint Powers Agreement with eleven other Dakota County cities. The participating cities pay a small fee each year and matching funds are contributed by Dakota County. As part of that programming, there is a consultant that helps local businesses with financing, marketing, business plans, etc. The fee for Mendota Heights is $5,150; however, the city only pays half of this fee and the CDA provides the other half. Ms. Alfson explained that the program is a free one-on-one confidential business consulting program for entrepreneurs or potential entrepreneurs in the communities. In the last four years. Ms. Crow has consulted with 788 residents throughout Dakota County. Being a part of OTB, the local businesses have access to capital through the Metropolitan Consortium of Community Developers (MDDC), a non-profit that runs the OTB program. Councilor Petschel asked for an example of the work done in Mendota Heights in the last year. Ms. Crow replied that one of the loans they helped a client obtain was able to help that business expand. This same client is one that she has been working with for the last 2.5 — 3 years. Councilor Paper asked for the size of the loans. Ms. Crow replied that as a micro -lender they do not have a set limit. Typically they provide loans around $25,000 for a new start-up. One of the larger loans February 20, 2018 Mendota Heights City Council Page 3 of 8 they helped a business obtain was for $300,000. The local banks are a partner. This program is open to everyone who lives in or has a business in one of the participating cities. Councilor Paper asked for the number of Mendota Heights businesses who received some type of assistance in the last year. Ms. Crow replied that there were three businesses in Mendota Heights in 2017 that were provided assistance. There were 25 businesses assisted in the last four years. Councilor Petschel moved to APPROVE THE JOINT POWERS AGREEMENT WITH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY FOR PARTICIPATION IN THE 2018-2020 OPEN TO BUSINESS PROGRAM; authorize funding of not more than $2,755 for each year of the 3 - year agreement; and authorize the Mayor and City Administrator to enter into the JPA with Dakota County. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) B) 2017 SUMP PUMP INSPECTION PROGRAM RESULTS Public Works Director Ryan Ruzek explained that approximately two years ago the city adopted a more stringent ordinance regarding sump pump regulations. One year ago, the Council awarded a contract to Foth Infrastructure & Environmental to inspect approximately 2,000 homes for sump pump compliance. Mr. Ruzek introduced Mr. Bill Johnson from Foth to present the findings Councilor Petschel asked Mr. Ruzek to explain why the city took this step. Mr. Ruzek explained that the city owns its sanitary sewer system and the sewage is directed to a treatment plant operated by the Metropolitan Council. The city is billed by the Metropolitan Council for the amount of water that is sent to this treatment plant. There is an estimated flow that the city expects to have from all of the homes; after rain storms there are usually some major spikes due to inflow and infiltration into the sanitary sewer system. One of the sources of this infiltration would be through non-compliant sump pumps that are connected to the sanitary sewer system. Part of this inspection program is to look for non-compliant sump pump connections. Staff wants to work with the homeowners to get the non-compliant connections corrected. The city is also making improvements through televising, cleaning, lining, and sewer replacements to reduce some of the inflows though the city's main lines. Councilor Petschel noted that this was triggered by that extraordinary June where there was approximately 12 inches of rain. Mr. Ruzek confirmed and noted that the city was looking at an approximate $100,000 a year surcharge. The city could have either accepted the surcharge or invested that money into improving the sewer system. Mr. Bill Johnson of Foth Infrastructure & Environmental (Foth) provided a summary of the sump pump inspection program that was performed. There were three areas of the city that were selected for inspection; including approximately 1,954 total households. February 20, 2018 Mendota Heights City Council Page 4 of 8 Mr. Johnson reported that of the 1,954 households who were contacted, 1,793 of the homeowners scheduled appointments. 967 of the households had no sump pump and 768 were found to be acceptable. This is an 89% compliancy rate. 219 households were found to be non-compliant due to some who did not respond (161 residents did not respond), and 48 households inspected were found to be non-compliant due to improper discharge, non -rigid piping, or bypass valves. Only ten households scheduled but did not keep their appointments. Councilor Petschel also noted that these inspections came in under budget. She clarified that the ordinance and fee schedule include a penalty for those with non-compliant sump pumps. She suggested that the City move forward with enforcing this penalty fee. PUBLIC HEARING A) RESOLUTION 2018-12 RIGHT-OF-WAY VACATION FOR BLUEBILL DRIVE Public Works Director Ryan Ruzek explained that the city received a petition to vacate an undeveloped right-of-way that abuts Rogers Lake; this was to be an extension of Bluebill Drive. It was originally platted as part of the 1957 Rogers Lake -Shore Addition, originally as Franzmeier Drive. It was then replatted as Bluebill Drive in 1972 as part of the Rogers Lakeside East Plat. The 60 -foot right-of-way currently does have a city storm sewer that is located slightly off from center of the right of way, to the south. Due to the proximity of Rogers Lake, notice was sent to the Minnesota Department of Natural Resources; however, a response has not been received as of the time and date of this meeting. Councilor Petschel moved to open the pubic hearing. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) Mr. Tim Carlson, 2319 Swan Drive, noted that he was unaware that the property lines did not go to the center of the sewer. In practice, they have always maintained that area as part of their lawn, along with tree maintenance. He believes this to be more of a formality and requested approval of the request. Mr. Don Delich, 2335 Swan Drive, noted that he has lived here for 25 years and has maintained this property. He has seen people use this area without permission. He stated that it would be nice to have more control of people accessing the lake from this right of way. Councilor Petschel moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) February 20, 2018 Mendota Heights City Council Page 5 of 8 Councilor Petschel moved to adopt RESOLUTION 2018-12 APPROVING A STREET VACATION OF BLUEBILL DRIVE. Councilor Paper seconded the motion Aye: 3 Nays: 0 Absent: 2 (Duggan, Miller) NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-16 STORM WATER UTILITY RATE ADJUSTMENT Public Works Director Ryan Ruzek explained that the city maintains a storm water utility fund. Residents pay $10 per quarter on their utility bills. This fee is used to fund the maintenance of the storm sewer pipes, catch basins, pond inlets and outlets, and the installation of new storm sewers and stream bank erosion projects. It is also used to pay the annual dues to the city's watershed management organization to support education programs for stormwater management throughout the city. Staff proposed to increase the current $10 per quarter rate to $12 per quarter. This increase is estimated to bring in approximately $30,000 per year into the utility fund. An additional change would be to the golf course and cemeteries currently at $10.15 per acre to increase to $12 per acre. Councilor Paper asked if this was the fund the city could use to help pay for the pond at Ivy Hills Park. Mr. Ruzek replied that this is the fund that is paying for the pond dredging work. Councilor Petschel noted that the purpose of this increase is to keep up with aging infrastructure. Mr. Ruzek confirmed and that it would also go to providing water quality treatment and improvements. Councilor Paper moved to adopt RESOLUTION 2018-16 AUTHORIZING STORM WATER UTILITY RATE of $12.00 PER QUARTER BEGINNING THE FIRST QUARTER OF 2018. Councilor Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) B) RESOLUTION 2018-17 SANITARY SEWER UTILITY RATE ADJUSTMENT Public Works Director Ryan Ruzek explained that this request was for a rate adjustment for sanitary sewer. It was noted that over 60% of the city's sanitary sewer costs are paid directly to the Metropolitan Council for sewage treatment. Other expenses are for operating costs, annual cleaning and televising project, annual lining project, and infrastructure costs. The rate increase from the Metropolitan Council to the city was 9.89%. Due to the city needing to reduce the flows, the City is proposing an increase of 5% over the Metropolitan Council increase; an approximate 14.9% increase. Staff looked at increasing the commercial rates at only the meter sizes under 1.5 inches; there are very few properties with the larger meters. February 20, 2018 Mendota Heights City Council Page 6 of 8 Councilor Paper asked if this increase is going to help the city get ahead or just to help the city catch up. Mr. Ruzek replied that the city should be catching up with this increase. Historically, the city has been spending $100,000 per year on sewer lining projects. That number going forward will double to $200,000 per year and will increase to $250,000 in future years. The lining of the pipes is considered a "best practice". The city is also looking at applying for a $90,000 grant from the Metropolitan Council that would be paid in 2019 to go towards this repair work. Councilor Paper asked if this would impact the 2019 interceptor line project. Mr. Ruzek replied that based on the numbers provided, this would be budgeted for in 2019. Mayor Garlock moved to adopt RESOLUTION 2018-17 AUTHORIZING SANITARY SEWER USAGE RATES BEGINNING IN THE FIRST QUARTER OF 2018. Councilor Petschel seconded the motion. Ayes: 3 Nays: 0 Absent 2 (Duggan, Miller) C) 2018-2020 OPERATION OF A MUNICIPAL CLEANUP DAY — AWARD CONTRACT Public Works Director Ryan Ruzek stated that Mendota Heights holds an annual cleanup day where residents can bring acceptable materials to a central location for recycling and disposal. Staff sent out a Request for Proposals to have an organized garbage hauler coordinate the event for the city. One quote was received from Highland Sanitation. This is the same contractor who contracted with the city for this event in 2017. The proposal is within the acceptable range from what they charged in 2017. Staff recommended entering into a three-year contract with Highland Sanitation for the operation of Cleanup Day. Two potential dates for Clean -Up Day are April 28th or May 5th Councilor Paper moved to authorize staff to execute the contract with Highland Sanitation for the operation of a municipal cleanup event for the years of 2018, 2019, and 2020. Councilor Petschel seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) The Council decided to hold the Mendota Heights Cleanup Day on May 5, 2018. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that an invasive species plant workshop will be held by the Master Gardeners on March 8th at City Hall. No registration necessary. February 20, 2018 Mendota Heights City Council Page 7 of 8 COUNCIL COMMENTS Councilor Petschel stated that she watched Senior Night for Minnehaha Academy's High School Girls Basketball team, honoring two graduating seniors. She was made aware by the faculty that the girls have played all of their homes games at St. Thomas this year. Minnehaha Academy teachers said they have been so touched, not only by St. Thomas Academy, but by other institutions in the surrounding community, who have opened their buildings and resources to help them out during this past year. She has also been informed that Minnehaha Academy will be rebuilding a new school building at the old school site. Councilor Paper reminded the residents that there is an upcoming community open house for the School District 197 referendum on March 6 and March 12 at Henry Sibley High School from 6:00 — 8:00 p.m. Information can be found on District 197's website. ADJOURN Mayor Garlock moved to adjourn. Councilor Paper seconded the motion. Ayes: 3 Nays: 0 Absent: 2 (Duggan, Miller) Mayor Garlock adjourned the meeting at 8:11 p.m. ATTES Lorre Smith City Clerk Neil Garlock Mayor February 20, 2018 Mendota Heights City Council Page 8 of 8