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2018-06-05 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 5, 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, 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. Councilor Petschel moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 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 documents contained, pulling items c.) Acknowledge the April 24, 2018 Planning Commission Meeting Minutes; f.) Approval of Ordinance 524 Add No Parking on Copperfield Drive; g.) Approval of Ordinance 525 Revise Seasonal Restrictions and Weight Limits; k.) Approval of Resolution 2018-39 Plans and Authorize Advertisement for Bids for the Lexington Highlands & Mendakota Neighborhood Improvements; 1.) Approval of Fire Hose and Nozzle Replacement; and m.) Approval of Natural Resources Technician Job Description and Position Posting. a. Approval of May 15, 2018 City Council Minutes b. Approval of May 16, 2018 Joint City Council & Parks-Rec Commission Work Session Minutes c. Acknowledge the April 24, 2018 Planning Commission Meeting Minutes d. Approval of the Liquor License Renewals e. Approval of Ordinance 523 Revise No Parking on South Plaza Drive f. Approval of Ordinance 524 Add No Parking on Copperfield Drive g. Approval of Ordinance 525 Revise Seasonal Restrictions and Weight Limits h. Authorize Contract with Rainbow Treecare for Emerald Ash Borer Treatment i. Update on Cooperative Construction Agreement for Dodd Road j. Approval of Grading Permit for Orchard Heights k. Approval of Resolution 2018-39 Plans and Authorize Advertisement for Bids for the Lexington Highlands & Mendakota Neighborhood Improvements 1. Approval of Fire Hose and Nozzle Replacement m. Approval of Natural Resources Technician Job Description and Position Posting n. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM C) ACKNOWLEDGE THE APRIL 24, 2018 PLANNING COMMISSION MEETING MINUTES Councilor Duggan noted that condition #7 indicates that new trees and wetland buffer areas shall be planted with approved native trees and pollinator friendly and wetland suitable plantings, as per the city's native plant list. He asked if this was required by ordinance or was it a recommendation. Community Development Director Tim Benetti replied that this was a recommendation and follows the city's Pollinator Friendly Policy. It is not required by ordinance. Councilor Duggan asked if the applicant is aware that it was a strong recommendation. Mr. Benetti replied in the affirmative. Councilor Duggan moved to acknowledge the April 24, 2018 Planning Commission Meeting Minutes. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF ORDINANCE 524 NO PARKING ON COPPERFIELD DRIVE Councilor Duggan noted that he lives in this area and there is a very sharp curve when coming off Delaware Avenue. There is a yellow center line, and he understands this to mean there is no parking allowed. He asked if other areas in the city with a yellow center line would be impacted. Public Works Director Ryan Ruzek replied that the yellow center line defines the center of the roadway and is not related to parking. There is not enough space on each side of the street to allow for parking. Staff met with the adjacent property owners in this area and they are in support of this change. Staff would also look to extend the white fog lines connecting into the Delaware fog lines to help drivers. No parking signs will delineate the no parking zone. Councilor Petschel commended the Traffic Safety Committee for bringing this forward. Councilor Duggan moved to adopt Ordinance 524, "AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE". Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 June 5, 2018 Mendota Heights City Council Page 2 of 11 G) APROVAL OF ORDINANCE 525 REVISE SEASONAL RESTRICTIONS AND WEIGHT LIMITS Councilor Paper asked for Mr. Ruzek to explain this ordinance. Mr. Ruzek stated that the spring has been identified as having the worst conditions for the subgrade of a road. Heavy vehicles and the vibration from those vehicles can cause the subgrade to liquefy, which can destroy the road bank and cause the roadway to fail. The state places road restrictions on many of their highways and the city has similar restrictions. The city's existing road restrictions are 8,000 pounds of gross vehicle weight. A large SUV weighs approximately 6,000 pounds. Technically, there could be regular vans and trucks that legally could not drive on the city streets. Therefore, staff is looking to change the 8,000 pound gross vehicle weight to 8,000 pounds per axle. Most state highways are reduced to a 10 ton restriction. The city also allows exemption permits. Most of the city streets are designed for a 7 ton load. Staff is also proposing to change the start date of these restrictions. The existing start date was March 1 and it is being proposed to be March 15, with the end date changing from May 25 to May 1. Councilor Petschel moved to adopt ORDINANCE NO. 525 AMENDING TITLE 6, CHAPTER 4, SECTION 3 OF THE CITY CODE, CONCERNING SEASONAL RESTRICTIONS AND WEIGHT LIMITS. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 K) RESOLUTION 2018-39 PLANS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE LEXINGTON HIGHLANDS & MENDAKOTA NEIGHBORHOOD IMPROVEMENTS Councilor Duggan noted that he had a question regarding the number of homes included in this neighborhood improvement plan, but understands that it will be discussed at a later date. Councilor Paper asked for the timeframe of this project. Mr. Ruzek replied that some of the contractors indicated that the city would receive better bids if the completion date was set for the end of October. There is a chance that this project would not get started until August. The Minnesota Department of Transportation (MnDOT) had a pre -construction meeting for the Highway 149 project. These streets intersect in MnDOT's stage five, which is going to be south of Highway 110 to I-494. This would be happening concurrently with these projects. So they are also looking at an October to November timeframe for that part of Dodd Road. Councilor Petschel moved to adopt RESOLUTION 2018-39 APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE LEXINGTON HIGHLANDS & MENDAKOTA IMPROVEMENTS (PROJECT #201706). Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 June 5, 2018 Mendota Heights City Council Page 3 of 11 L) APPROVAL OF FIRE HOSE AND NOZZLE REPLACEMENT Councilor Duggan asked when these nozzles were last replaced. Fire Chief Dave Dreelan replied that the current nozzles are on the end of their 200 foot attack lines, which they pull off the truck and use on the interior of a home when they go in to fight fire. Those nozzles, like any piece of equipment, wear out. Those nozzles have a maximum fire flow of 125 gallons per minute. A modern style house built today has large open spaces and the minimum recommended flow in that situation is 150 gallons per minute. The current nozzles are not able to obtain that. With the high water pressure, the hose line becomes very stiff and hard to manage. By getting a larger diameter hose and appropriately matched nozzles, they would drop their pump pressure from 170 to 120 and increase their flow to 160. Councilor Duggan asked if there was any consideration given to applying for federal or state grants to help with this cost. Mr. Dreelan replied in the negative as it is not available. Councilor Duggan moved to authorize the purchase of new nozzles from Fire Safety USA in the amount of $10,000, and new hose from Jefferson Fire Equipment in the amount of $6,868.77. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 M) APPROVAL OF NATURAL RESOURCES TECHNICIAN JOB DESCRIPTION AND POSITION POSTING Councilor Miller, regarding the educational and experience requirements, asked why staff was not requiring a four-year degree. City Administrator Mark McNeill replied that the city uses a job pointing system to determine what pay grade the jobs are assigned. It is based on experience, education, and working conditions. If this position required a four year degree, it would be assigned to a pay grade that is higher than what has been budgeted. Various job descriptions were reviewed that were comparable to this position. As an initial position, staff felt that someone who is able to execute hands-on experience would be preferable. The position could be upgraded over time. Councilor Miller asked if they get a highly qualified individual that fits the desired requirements and they have a four-year degree, and there are also a couple of decent applicants with two-year degrees; where would staff land on that. Mr. McNeill replied that they have a hiring range that goes from $52,600 to $58,000. To be fair to all candidates, if they get a 'rock star candidate' but the pay range is inadequate, then staff would return to Council and talk about re -advertising and increasing the pay range. Councilor Miller moved to approve the Natural Resources Technician job description, the assigned pay grade, and authorize staff to begin the recruitment process to fill the position. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 June 5, 2018 Mendota Heights City Council Page 4 of 11 PUBLIC COMMENTS Councilor Duggan asked the Boy Scout in the audience to introduce himself and talk about what he is doing. Mr. Steven Costilla stated he was working on his Eagle Scout Merit Badge and one of the requirements was attending a public meeting. Mr. Mark Costilla, Steven's father, expressed his appreciation to the Council. Mr. Steven Costilla anticipates becoming an Eagle Scout on June 28, 2018. PUBLIC HEARINGS No hearings scheduled. NEW AND UNFINISHED BUSINESS A) FIRE STATION CONSTRUCTION / BOND ISSUANCE City Administrator Mark McNeill stated that last December, the Council discussed changes to the Fire Department building to bring it up to today's standards. The fire department has outgrown the station that was built in the mid -1980's. Today, training is more technical and frequent, and there is a need for better facilities. There are health and safety issues that are of concern. Last December, the Council authorized the hiring of CNH Architects to prepare preliminary work with the Station Study Committee. They met with the Council in February and presented a recommendation for a 14,000 square foot addition to the current building. The plan is to have the existing station remain in production during the construction of the addition. The preliminary budget for this project is anticipated to be $5.4M to $5.5M. The action requested was to call for a public hearing to issue bonds for the project. Upon a recommendation from Ehlers, the amount of the bonds requested will not exceed $7 million. If it is necessary to bring that amount down, it is possible. However, once determined the amount cannot go higher. Because staff wished to be considerate of the recently passed school referendum, Ehlers provided some preliminary numbers as to what this project would be, they included an anticipated modest increase in the city levy for next year, and also the school district impact. Those amounts would be just under 8% as a property tax increase. There are two options the Council could consider. They could call for a referendum and have the voters decide on it, or they could directly issue the bonds following the process according to state law which includes a reverse referendum clause in it. To directly issue the bonds, Council would call for a public hearing. Open houses would be held to educate the public on the issuance. If the public hearing were held on July 2, 2018 it would start a 30 - day window of time. During that 30 days, if there is a petition that is circulated and brought back to the Council saying that they want to have it put to a vote and there are more than 5% of the registered voters from the last general election, the Council would have a choice of either putting this to a referendum or withdrawing it. If it were withdrawn, then the city would have to wait one year before they could introduce it again. June 5, 2018 Mendota Heights City Council Page 5 of 11 Construction is estimated to take nine months, with the remodeling of the existing building taking an additional four months. Councilor Duggan stated that it was important that the community know that, in light of the age of the existing fire station, the added uses through HealthEast, and the training requirements, any delay in this project is unwise. There should not be any delays. Councilor Duggan also noted that July 2, 2018 is on a Monday — not the regularly scheduled first Tuesday of the month, due to the Independence Day holiday. Also, the August 7, 2018, City Council meeting will start an hour later [8:00 p.m.] due to the Night to Unite events happening in the city. Councilor Petschel asked Fire Chief Dave Dreelan to speak to the difference in cost between the initial tear -down plan and the current plan, to explain the need for an official Emergency Operations Center, and to explain the current safety issues. Chief Dreelan shared that this has been a 3 -year process to get to this point. The initial proposal focused on five different versions of a basic remodel to a complete teardown and rebuild of the fire station and was proposed at $1.5 million to $7 million. It would be nearly impossible to tear down the current station because there would be no place to put the apparatus and the firefighters during the 1.5 year long construction. So they searched for an alternative where they could be a completely functional fire department while the remodeling and expansion was occurring. This current proposal would accomplish that goal. The safety issues at the current station are related to: 1. The apparatus bay where they store the fire trucks is very overcrowded. There is not enough room to maneuver between the trucks because of how close they have to be parked to each other. 2. Cancer is becoming a very serious health risk to firefighters. They are now finding that firefighters are bringing carcinogens back to the station and homes on their turnout gear. The current station does not have adequate ways to store, clean, or dry that turnout gear. 3. The original station was built to house approximately 20 to 30 sets of gear. Some firefighters are getting dressed a few feet away from apparatus that is running to leave the station. They are breathing in the exhaust fumes from these diesel engines. Councilor Petschel brought up examples of when the emergency responders did not have what they needed in terms of a designated space, technology, etc. for emergency situations. She asked Mr. Dreelan to address this situation. Mr. Dreelan explained that it is up to the city to be prepared for emergency situations. To be prepared, the city needs a properly functioning emergency operation center. This station is being set up in a way where meeting rooms and conference rooms can be converted to a functioning emergency operations center. Councilor Duggan, referring to a comment made by City Administrator McNeill about future living space, asked if this would be covered by this bond issuance. Mr. Dreelan replied that the future living space is part of the initial $5.5 million estimate. Councilor Petschel explained the importance of having HealthEast stationed within our city. She stated the city should do whatever is necessary to accommodate them. June 5, 2018 Mendota Heights City Council Page 6 of 11 Mayor Garlock stated that when the City looked at the initial plans, they were lacking. However, when they looked at a new plan and a new architectural design, the Council all felt very comfortable with it. This is going to be a functional fire station that fits the needs of Mendota Heights. The selling point he saw was the ability to have an emergency event with HealthEast and a fire event going on, and with the multiple driveways the ambulance can exit its own way and the firefighters can respond in another way and the trucks can leave in different directions. It is a good traffic design for multiple events going on at the same time. Chief Dreelan agreed with these comments. Councilor Paper wanted to emphasize and not overlook the importance of the community meeting room in the new facility. This will provide much needed meeting space for clubs and groups that is now not available. It can also be used to hold educational events in the community. Chief Dreelan expressed his appreciation to the Council, members of the previous Council, firefighters, engineering firms and architectural firms for their input and support of this project. There was a lot of work that went into this to make this project one that will serve the community into the future. Mayor Garlock moved to adopt RESOLUTION 2018-40 CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF A FIVE-YEAR CAPITAL IMPROVEMENT PLAN AND THE PRELIMINARY ISSUANCE OF GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS NOT TO EXCEED $7 MILLION. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 B) AWARD PROFESSIONAL SERVICES CONTRACT FOR MARIE AVENUE & WESLEY LANE IMPROVEMENTS Public Works Director Ryan Ruzek explained that staff developed a Request For Proposals for the Marie Avenue and Wesley Lane Neighborhood Improvements and mailed it to four consulting engineering firms. Four responses were received. The project includes the rehabilitation of Marie Avenue from Lexington Avenue to Dodd Road, trail rehabilitation, replacement of pedestrian underpass (Dakota County), replacement of cast iron water main, retaining wall replacement, guard rail replacement, lane configuration changes, pond improvements, trail improvements along Lexington Avenue and assessment of the city owned cast on ground slab bridge. The Wesley Neighborhood Improvement Project includes rehabilitation to Wesley Lane, Wesley Court, South Lane from North Freeway Road to the cul-de-sac, Mager Court, and Spring Creek Circle. Design elements include pavement replacement, storm sewer extension, and constructing a bituminous trail from Maple Street to Wesley Lane. There are two ponds within the project area. Staff is proposing to make improvements consisting of excavating sediment and restoring volume for water quality treatment. The Traffic Safety Committee has also been looking at issues involving the Lexington Avenue Trail. Currently there is traffic moving June 5, 2018 Mendota Heights City Council Page 7 of 11 without a barrier between the pedestrian trail and the road traffic. Staff is looking at installing a curb from Lexington Avenue south to approximately 700 feet. TKDA submitted the lowest responsible bid at $244,300 for this estimated $2.2M project. Staff recommended TKDA. Councilor Petschel asked how much the County would pay for a bigger box culvert and the trail realigned. Mr. Ruzek replied that this would be determined as they go through the design process and develop a Joint Powers Agreement with the County. They have identified in the preliminary stages that this would be 100% their cost. She asked if there were still discussions on having a trail from Maple Street to Marie Avenue. Mr. Ruzek replied that this is not included in this contract with TKDA. Staff is currently waiting to see what type of space MnDOT can provide with the project they are doing this summer on Dodd Road. The other thing staff would be looking at is on the corner of Wesley and Dodd, to see if they can work with Xcel Energy to relocate the one power pole which would eliminate the need for right-of-way acquisition. Discussion occurred on the desire to come up with a viable solution for installing a trail on Dodd near Wesley that would not cause any further angst with the residents, who have planted landscaping that has spilled over into the right-of-way. Councilor Paper asked if all of the retaining walls along Marie Avenue belong to the city. Mr. Ruzek replied that the city has approximately 40 feet of retaining wall along Marie Avenue. He also asked for a definition of `slope protection' at 35E. Mr. Ruzek replied that if someone were to veer off of the trail they need a certain amount of flat area to react and get back on the trail. Councilor Paper asked if the pond at Marie Park would be improved. Mr. Ruzek answered that it is not part of this project. Since this pond is located on city land, it would be a priority when the Park Improvement project comes up. Councilor Petschel asked if there are two phases to this project. Mr. Ruzek answered that there are alternates to be considered; however, the project only has one phase. Councilor Duggan asked what considerations were given to the increase in traffic on Dodd Road in the next five years. Mr. Ruzek replied that at this time they would not look at increasing capacity on Marie Avenue. However, he is hoping to include at the next Council meeting a request for Council to submit a Letter of Request for County to include some intersection control improvements for the Dodd and Marie, and Dodd and Wentworth intersections. Mayor Garlock, in regards to the alternate of relocating Maple Street to align with Hilltop, asked if it would improve the situation on Dodd Road. Mr. Ruzek replied that it would allow for more potential to make improvements to the vacant lots. Councilor Duggan asked if any consideration was given to the Ridge Place. Mr. Ruzek replied that that they have done some studies on how to make some long-term improvements and handle the access June 5, 2018 Mendota Heights City Council Page 8 of 11 issues around The Village and The Plaza. One long-term suggestion was to shut down Ridge Place and not have it connect to Dodd Road. However, the traffic study is not identifying that as an urgent need. They indicated that the city should look at ways of improving the functionality of the intersection at Dodd Road and Highway 110. Councilor Paper moved to award a PROFESSIONAL SERVICES CONTRACT FOR MARIE AVENUE & WESLEY LANE IMPROVEMENTS TO TKDA, NOT -TO -EXCEED $244,300. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2018-38 APPROVING A WETLANDS PERMIT TO SHERBURNE CONSTRUCTION & HUGH CULLEN FOR PROPERTY LOCATED AT 1179 CENTRE POINTE CIRCLE (PLANNING CASE NO. 2018-11) Community Development Director Tim Benetti explained that the City Council was asked to consider adopting a resolution to approve a Wetlands Permit to Sherburne -Slater Construction, acting on behalf of Mr. Hugh Cullen, for his property located at 1179 Centre Pointe Circle. This would be for the construction of a new office building. Mr. Benetti shared that the property is 3.58 acres in size, a flag -shaped lot, and the access strip provides for the right-of-way for Centre Pointe Circle, which is a private drive, however, the city has been maintaining it as part of the public road system. There are also currently 30 parking spaces on that circle turnaround area, used primarily for overflow parking. The new office building is proposed to be approximately 30,000 square feet in size with 128 new parking spaces. Staff is currently reviewing the building permit plans and will ensure there is adequate parking to accommodate the building request. Mr. Benetti shared architectural renderings of the proposed building. It would look similar to the other seven buildings in the area owned by Mr. Cullen. The property does require the site to retain its own stormwater infiltration. They are looking to install an underground storm treatment system to capture all of their stormwater from the building and the parking area. It would capture all of the sediment and dirt and grit and would eventually drain clear and clean water to the back pond. Mr. Benetti shared the reasons for requesting a Wetlands Permit and how the construction would protect the wetland from any adverse effects from the construction and grading. A public hearing was held by the Planning Commission at their meeting on May 22, 2018. One comment was received from a representative of the adjacent Catholic Cemeteries, but no major concerns or objections regarding the project were raised. Councilor Duggan asked how steep the grade would be from the level to the pond. Mr. Benetti replied that it drops quite a bit but there are no walls. Most of the grade would be left alone with only some grading around the back side of the building. Councilor Duggan suggested that staff take a picture of the area in advance for comparison purposes. June 5, 2018 Mendota Heights City Council Page 9 of 11 Councilor Petschel moved to adopt RESOLUTION 2018-38 APPROVING A WETLANDS PERMIT TO SHERBURNE CONSTRUCTION & HUGH CULLEN FOR PROPERTY LOCATED AT 1179 CENTRE POINTE CIRCLE WITH THE STIPULATION THAT THE GRADE TO THE POND BE LEFT IN ITS CURRENT STATE. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the summer youth programs will be starting next week. The Community Family Kick Ball Tournament is set for June 10, 2018, at Mendakota Park. The Master Gardeners are planning a Rain Garden and Landscaping session at the Par 3 Club House providing an opportunity to learn about pollinator -friendly habitat and planting methods. The Parks Celebration was well attended last weekend. The next outdoor concert will be held at Mendakota Park on July 18 with music by The Percolators Band. COUNCIL COMMENTS Councilor Petschel commended Recreation Program Coordinator Meredith Lawrence for handling all of the challenges this spring in terms of facility usage and new programing She is doing an outstanding job. She also commended Mayor Garlock for another successful 5K walk / run and for all of his hard work. Mayor Garlock provided some statistics on the 5K event. There were 349 participants, some were lost due to the forecast of rain. Over $9,000 was raised for Special Olympics of Minnesota. He expressed his appreciation to the Police Department for their coordination of the event. Councilor Miller reminded residents that the Dodd Road project would begin on June 11. He requested that the five phases of this project be put on the city's website. Councilor Paper also commended the Mayor on another great Scott Patrick Memorial 5K. He also congratulated all of the 2018 graduates from the city's schools. Councilor Duggan too commended the Mayor, Ms. Lawrence, staff, Police Department, Fire Department, and volunteers for helping with the 5K. He also noted that he had the pleasure of watching his grandchildren play over at Richfield Park as part of a school event. He was amazed at the quality, type, and condition of the equipment at the park. He suggested Ms. Lawrence and perhaps the Park Commission take a look at some of that and see what could work in this community; particularly the zip line. He was pleased that the dance on Friday was well attended. The band was great and the event ran smoothly. June 5, 2018 Mendota Heights City Council Page 10 of 11 ADJOURN Councilor Paper moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:36 p.m. Neil Garlock Mayor ATTEST: Lorri Smith City Clerk June 5, 2018 Mendota Heights City Council Page 11 of 11