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2018-08-21 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 21, 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 with the deletion of item 8c. Resolution 2018-65 Approving Final Plat and Developer's Agreement for The Orchard. Councilor Miller 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 necessary documents contained therein. a. Approval of August 7, 2018 City Council Minutes b. Approval of August 13, 2018 Council Work Session Minutes c. Approve Purchase Order for the Marie Park Basketball Improvements d. Approve Grading permit for 1840 Hunter Lane e. Approve the Building Activity Report f. Approve July 2018 Treasurer's Report g. Approval of Claims List h. Approve Resolution 2018-57 Accepting Donation of a Tree to Parks i. Approve Resolution 2018-63 Accepting Donation of Golf Clubs to the Par 3 Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Jonathan Zagel, 2230 Copperfield Drive, expressed his appreciation to the city for continuing to improve the website. Mr. Zagel suggested the creation of an on-line sign up for the weekly newsletter. He suggested the City include notices for Council Work Sessions and Council meetings in the Council agenda packets for the following two weeks. He noted that very little notice is given for some important events. He was pleased to see the meeting dates for the 2040 Comprehensive Plan discussions in advance of the meetings. This would be a great benefit to the city and its citizens. No items scheduled. No items scheduled. PRESENTATIONS PUBLIC HEARING NEW AND UNFINISHED BUSINESS A) AUTHORIZE PURCHASE ORDER FOR A FENCE AT THE ROGERS LAKE CULVERT Public Works Director Ryan Ruzek explained that the City Council was being asked to approve the installation of a fence at the Rogers Lake culvert. The culvert connects north and south Rogers Lake and is a popular area for fishing. Safety concerns have been raised about people running from one side of the road to the other. This is right at the exit of an S curve for Wagon Wheel Trail. There is also a concern about the trampling of the vegetation which is contributing to erosion. Meetings have been held with the Rogers Lake Property Association, as well as the Department of Natural Resources (DNR). A proposal was made to install a 4 -foot tall chain-link fence approximately six feet off of the south side of the road. The fence would be approximately 450 feet long, extending long enough around the culvert to make fishing in that area prohibited. Staff suggested the addition of a sign directing fishermen to the Rogers Lake Park fishing pier. The DNR sent some comments; they do encourage fishing in the Minnesota lakes, however, they also recognize the need for public safety. They have monitored the site during weekday day hours and did not see heavy use during their observations. They did state that fishing in the area, if unable to be accommodated in a safe manner, would be deferred to the city for looking at its own improvements. Previously, a small garden -style fence was installed along with some native plantings. This effort was unsuccessful due to it being trampled over and eventually the fence was removed. Councilor Miller stated that over time he has seen a large number people fish there and is surprised that he has not come upon an accident. He was in favor of people having a safer place to fish. However, his concern is that the proposed 4 -foot high fence would not accomplish a safer area nor work as a deterrent. Getting over a 4 -foot fence is going to create a more worn down fence after a few years. From an adult standpoint, a 4 -foot high fence is just tall enough to lean on and cast a line into the lake. He was also August 21, 2018 Mendota Heights City Council Page 2 of 9 concerned about installing a fence on public property; however, weighing this against his desire for public safety; he would lean more to safety. This fence should also be pleasing to the eye and add to the aesthetics. Mr. Ruzek replied that the proposal is to install a black vinyl coated fence so it would blend into the lake and the environment. Also, this fence would not have a metal top rail, only a tension wire holding the fence and post together. Leaning on it would not be an option and putting body weight on it to jump over would not be feasible either. Mr. Ruzek stated he did not have pricing available for a 6 -foot fence, but it could be considered. Councilor Paper noted that a fence would be on the downslope. If a 6 -foot fence were installed, aesthetically from the road one would see a 3 to 4 foot fence. A 6 -foot fence would be more difficult to get over. He asked about installing something around the culvert that was not as comfortable to sit on as smooth ground, whether it was limestone or field stone. Councilor Duggan suggested that since the city requires a 5 -foot fence around swimming pools that it may be reasonable to consider the same here. He would also like to hear comments from the neighbors on the 450 -foot length of this fence. He also suggested installing some type of screening on the fence. Mr. Jack Koegel, 2301 Swan Drive, expressed his appreciation because he was the one who put up the garden fence and it was literally thrown in the street. He likes the suggestion of the fence and agreed that a higher six foot fence would be better. He also suggested signage to encourage the use of the fishing pier. He noted that people are also using this area as a launch point for their boats. Mr. Ira Kipp, 2272 Wagon Wheel Court, noted that whether there is a fence or not, there is room for people to fish on the north side of the road. The largest issue is safety; he has seen drivers swerve to avoid children and has seen little children running across without looking. It would behoove the city to put up a fence that would discourage people from crossing the road at that point. He also does not have a problem with a 450 -foot long fence if that is what it takes to keep the area safe. He encouraged the installation of a 6 -foot high fence. Councilor Miller asked Chief of Police Kelly McCarthy to comment on if there were calming measures or signage that could manage the traffic along that stretch of Wagon Wheel. Chief McCarthy replied that there are always things that could be done. They have had good luck with driver feedback signs as well as advising of pedestrians crossing. Vehicles are not traveling in excess of the speed limit; however, it does appear that they are because of the curve of the road. Because of the sight lines, even traveling at the speed limit can appear dangerous. If there are people darting out from one side to another — that is really the issue. It is certainly something that could be taken up by the Police Department in addition to the fence. The Council could direct this issue be brought back to the Traffic Safety Committee for review. Councilor Miller asked about installing a pedestrian crossing in a safer portion of that stretch of road. Chief McCarthy replied that they could install a crossing; however, people will take the easiest route across. Mayor Garlock agreed that the fence should be at least 6 -feet in height. August 21, 2018 Mendota Heights City Council Page 3 of 9 Councilor Petschel noted that she is in favor of a 6 -foot high fence as well. She also raised concern on the erosion taking place around the culvert, and would be in favor of some installing something to stop further erosion. She also did not have an issue with the length of the fence. She suggested putting up signage stating that the preferred sight for fishing is at the pier with directions. She finds the idea of people putting boats into the lake at this point appalling. Upon being asked, Mr. Ruzek noted that the installation of a 6 -foot fence could cost an additional $2,000. The city administrator's spending authority could make up for that difference. Councilor Miller asked if it would be worth it to install a return fence on the east end, heading south toward the lake. Mr. Ruzek replied that this is approximately where the existing lake culvert is; he is looking to tie the fence post right into where the lake outlet is to make it so that one could not get around the fence at that location. There is also a concrete box structure out in the water and he plans on tying the pipe into that pole. Councilor Duggan moved to approve a 450 -foot long, 6 -foot high fence with the additional expense not to exceed the City Administrator's spending authority. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2018-64 ADOPT THE 2018 MENDOTA HEIGHTS SURFACE WATER MANAGEMENT PLAN Public Works Director Ryan Ruzek explained that Resolution 2018-64 is to adopt the 2018 Mendota Heights Local Surface Water Management Plan (LSWMP), which was last updated in 2006. The plan is an update to the 2006 plan. The purpose of the LSWMP is to provide a comprehensive description of how Mendota Heights would protect and approve water resources over the next 10 years. Cities without an approved plan are not eligible for grants or partnerships. In 2015, the Minnesota Board of Water and Soil Resources (BWSR) adopted Minnesota Rule 8410 listing required information that a local plan must contain. The Surface Water Management Plan was developed in accordance with multiple regulatory requirements. This 2018 Surface Water Management Plan has already been reviewed and approved by the Metropolitan Council (MetCouncil), the Lower Mississippi River Watershed Management Organization (LMRWMO), and the Minnesota River Watershed District. Councilor Miller, referencing Section 4, Page 8, noted that Lake Augusta was talked about very briefly and in general language. It does not get to any of the issues that the city currently has there. Mr. Ruzek replied that Section 6 shows the Implementation Table shows two projects listed for Lake Augusta. Projects need to be identified in this table in order to apply for funding. Lake Augusta Erosion is listed as Item 12 and Lake Augusta Outlet is Item 20. Upon request, Mr. Ruzek provided more detail and depth of these two projects by explaining that the state is in the process of changing how they manage their clean water funds — One Watershed, One Plan. Rather having entities across the state competing for these funds, each county will be receiving a certain piece of this pie. Then, within each county, the watershed district within that county will get a certain piece. Currently, the LMWSM is looking at a August 21, 2018 Mendota Heights City Council Page 4 of 9 $160,000 clean water fund. They have asked cities within the organization to apply for projects; Mr. Ruzek submitted two projects for consideration and was successful on both. One is a feasibility study of Interstate Valley Creek (creek erosion from Marie Avenue to the Mississippi River) and the second is the study of Lake Augusta. A permanent fix to Lake Augusta would take approximately two years, minimum Temporary measures could be implemented. Councilor Duggan made note of a lake project addressed a number of years ago that proved to be too daunting. The project was abandoned. It seemed to him that this project is similar to the idea that existed then, except that it has been improved dramatically. Mr. Ruzek replied that the 1991 management plan actually went out and collected the depth of all of the ponds. That has not been updated since so a lot of the actual current depths are not known. Using those original depth numbers, a lot of the city's ponds were never constructed to 6 -foot urban pond design standards; and many were not graded so what their contour should have been is unknown. However, with this new water quality model staff will look at the ponds and start assessing the pond improvement program based on the ponds that are having the worst removal efficiencies for suspended solids and phosphorus. Councilor Petschel stated that she noticed a potential substantial cost with the drainage area that involves Mendota Heights, MnDOT, the fen, and Gun Club Lake. Mr. Ruzek replied that currently there are a few fens located within the marshy areas and Fort Snelling State Park. They are highly protected resources. Storm water from the industrial park discharges near I-494 and Highway 55. It flows underneath the river and is supposed to go to a MnDOT pond, which does not appear to be functioning properly. Right now, the stoiiuwater is flowing to a Gun Club Lake fen, which is not protected. However, that status could change in the future. The change may require the city to partner with MnDOT on improving that pond. Councilor Duggan asked if the Public Works department had enough staff as they look towards this plan. Mr. Ruzek replied that the department will be adding a new staff member, the Natural Resources Technician, who will be starting in a couple of weeks. She is experienced in stormwater, plant, and wildlife management; holds wetland delineation certifications; and will help with the activities. Referencing section 6, page 5, Councilor Duggan asked if the city had stopped inspecting the discharge of sump pumps. Mr. Ruzek replied that was correct, but involved the sanitary sewer system. Councilor Petschel moved to adopt RESOLUTION 2018-64 APPROVING THE SURFACE WATER MANAGEMENT PLAN, allowing for the fact that it has been reviewed and approved by the MetCouncil and the LMRWSM. Councilor Duggan seconded the motion. Mr. David Hiner, 1295 Kendon Lane, noted that there was no money allocated for Lake Lemay. Mr. Ruzek replied that this was correct; however, he is currently working on a study that will be brought to the September 5th Council meeting. Staff is looking at possibly adding some pre-treatment to the west side of Lemay Lake. This would take care of some of the run off coming from the Augusta Shores Development and some of the water coming from Michaels Development. Both sites met their stormwater requirements at the time; however, more can be done to protect the high value resources. Mr. Hiner asked that staff look into diverting the water from the wetlands, directing it back across Highway 55, circumventing Lake Augusta completely. August 21, 2018 Mendota Heights City Council Page 5 of 9 Mayor Garlock called for the vote. Ayes: 5 Nays: 0 C) RESOLUTION 2018-65 APPROVING THE FINAL PLAT OF THE ORCHARD AND APPROVE THE DEVELOPERS AGREEMENT FOR THE ORCHARD SUBDIVISION DEVELOPMENT This item was pulled from the agenda. D) APPROVE PROPOSAL OF ARNT CONSTRUCTION TO PREPARE SITE, AND TO IMPORT AND FILL MATERIAL ON THE BOURN PROPERTY Councilor Duggan stated that since this topic was somewhat dependent on the Item 8c that was removed from the agenda, he suggested that this topic be postponed. City Administrator Mark McNeill replied that grading is taking place now under a grading permit; so the material is available from the Orchard Subdivision site. Public Works Director Ryan Ruzek explained this request was to approve the importation and grading of dirt to the Bourn Lane site, taking advantage of available fill material. The city owns the Bourne Lane site, which is located just north of Highway 55 along Lemay Lake Road — north of Mendota Heights Road. The city uses a portion of this site for storage of chips, rocks, stumps, and gravel. Once a large enough pile has been accumulated, staff then landfills some of that material. There is a low area on this property that could use about five or six feet of fill over an approximate two acre area; estimated to be approximately 15,000 cubic yards of material. The Orchard site has that material available that they would give to the city for free. However, the city would need to prep, grade, and compact the material as it is deposited. Staff received a quote to clear the vegetation/trees, strip the topsoil, and place and compact the imported material. Estimated costs to do the clearing and grubbing of the two acres would be approximately $11,000; striping the top soil is estimated to be approximately $5,806; and importing the material would be approximately $69,720. Silt fencing and seeding estimates were not included; however, seeding costs are estimated to be approximately $1,600 and the silt fence would be approximately $900. The contractor is refining his quote in the hopes of getting a cheaper bid on some of the clearing and grubbing costs. Councilor Petschel suggested seeding the site with something similar to what MnDOT uses along its highways (freeway grass) as it has very deep roots and would prevent the topsoil from eroding into the waterways. Mr. Ruzek replied that since this is greater than two acres he will need to apply for a Pollution Control Agency Construction Stormwater Permit, which would tie the city to its requirements of the permit — once work is stopped on the site for 14 days they would be required to seed it and erosion control would need to remain in place until 70% of the ground cover is established. August 21, 2018 Mendota Heights City Council Page 6 of 9 Councilor Miller asked if they are going to seed why not take the extra step to make it something that is aesthetically pleasing. It could be a win/win by taking care of the erosion issues and making it look nice; possibly something that is pollinator -friendly. He asked what, if any, were the opportunity costs associated with a project like this in terms of dumping fill. Mr. Ruzek replied that the costs being paid per cubic yard of material of approximately $5.00/cubic yard — if the city were to import that material on their own the cost would be approximately $15-$16/cubic yard; a 66% savings. Councilor Miller then asked if there was a downside to doing this. Mr. Ruzek replied that the downside is that no one wants to see two acres of a wooded area removed. He has not assessed all of the trees in the area; however, if there are any opportunities to salvage any quality trees he would certainly make that attempt. Councilor Paper asked how much more work and cost it would take to make this at final grade rather than a rough grade. Mr. Ruzek replied that he has not tried to develop a complete grading plan for this project so he is dealing with a lot of estimated quantities. As the grading takes place they could look to see if there are opportunities to create a field that could be used for recreational purposes. Different seed mixes can be identified based on how they can make the field look. Councilor Duggan asked who was responsible for the condition of the fill being donated. Mr. Ruzek replied that the fill that is being proposed is coming from a depth that has not been disturbed. These are some native soils, is a granular material. They have American Engineering Testing onsite that has been doing analysis and testing of this material and they have provided that data to the city. From the data provided, it would meet MnDOT select granular specifications. Councilor Miller asked if this material would be conducive to taking seed. Mr. Ruzek replied that they would be striping off approximately one foot of top soil and stockpiling it, then the material would be filled in, and the top soil replaced. Councilor Duggan moved to accept the proposal of Arnt Construction to prepare the Bourn site, and to import approximately 14,000 yards of fill material, at the price of $86,526.80. Councilor Petschel made a friendly amendment to accept the proposal of Arnt Construction to prepare the Bourn site, and to import approximately 14,000 yards of fill material, address erosion control and seeding issues, to be included in the final costs. Councilor Duggan accepted this amendment. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill explained that city staff would meet with the developer of the Orchard Property and there is the need to ask for a workshop meeting to discuss options with the Council. He requested that the Council consider a date and time for next week. After discussion, the Council decided to hold this workshop on Tuesday, August 28 from 1:30 — 3:00 pm. August 21, 2018 Mendota Heights City Council Page 7 of 9 Mr. McNeill stated that on August 22, 2018, the Planning Commission is holding a work session to discuss the city's 2040 Comprehensive Plan at 3:00 pm in the Council chambers. This meeting is open to the public. He encouraged residents to bring a blanket or a lawn chair to Mendakota Park on August 22, 2018 at 6:30 pm for Kids Dance. Also, residents can vote on the Parks and Recreation Facebook page by August 24 to choose which one of the three Academy Award blockbuster movies to be shown on September 22. COUNCIL COMMENTS Mayor Garlock noted a couple of huge losses over the last couple of weeks involving retired members of the Mendota Heights Fire Department: • August 7, Marcus T. Conley passed away. He was on the fire department for 35 years and did a lot of volunteer work • August 14, Paul Masco passed away. He had 20 years of service on the fire department Mayor Garlock also noted that his tie and pocket square were created by Jimmy Reagan. Councilor Petschel commented that she visited Mainstream Boutique at The Village in their new location. Their prior location will now be the new home of Three Kittens Knitting, which is expanding. She encouraged patronizing local merchants. Councilor Miller echoed the kind sentiments from Mayor Garlock on the loss of the two retired members of the fire department. He also stated that residents interested in aircraft noise as it relates to the Minneapolis/St. Paul International Airport are invited to a special listening session hosted by the MAC (Metropolitan Airport Commission) staff and MSP for noise oversight committee members. This meeting will be held at the Eagan Community Center on August 27, 2018 from 6:30 — 8:00 pm. Councilor Paper reminded everyone that school is about to start and little children will be standing on the corners as they wait for the school bus. He wished good luck to all of the schools in the community. Councilor Duggan stated that the upcoming music event, Kids Dance, is part of a program that the city has supported over the years. However, it has somewhat waned this past summer. He encouraged all to attend. Councilor Duggan publically apologized to Community Development Director Tim Benetti over comments made at the last meeting. ADJOURN Councilor Paper moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 August 21, 2018 Mendota Heights City Council Page 8 of 9 Mayor Garlock adjourned the meeting at 8:16 p.m. Neil Garlock Mayor ATTEST: Lorri Smith City Clerk August 21, 2018 Mendota Heights City Council Page 9 of 9