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2018-09-04 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 4, 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 exception of item 5m. Contract with South St. Paul Animal Hospital for animal control services, which has been removed from the agenda. 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 the documents, pulling items a) Approval of August 15, 2018 Council Work Session Minutes, d) Acceptance of Firefighter Retirement, and k) Accept Wetland Delineation Report for the Lemay Lake Protection Project. a. Approval of August 15, 2018 Council Work Session Minutes b. Approval of August 28, 2018 Council Work Session Minutes c. Acknowledge July 10, 2018 Parks and Recreation Commission Meeting Minutes i. Councilmember Duggan asked that information regarding the end of the summer series concerts be elaborated upon d. Acceptance of Firefighter Retirement e. Acknowledgement of July 2018 Fire Synopsis f. Approval of Resolution 2018-69 Providing for First Supplemental Indenture of Trust Related to Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project), Series 2013 and Authorizing the Execution of Documents Related Thereto. g. Approval of Resolution 2018-70 Approving an Administrative Critical Area Permit -1908 Glenhill Rd h. Approval of Appointment of Student Representative to the Parks and Recreation Commission i. Approval of Purchases from BSN Sports j. Approve Ordinance 531 All Way Stop Intersection — South Lane and Mendota Road k. Accept Wetland Delineation Report for the Lemay Lake Protection Project 1. Approval of a Professional Services Contract for Wentworth Park Warming House m. This item was removed from the agenda n. Approval of a Temporary Liquor License for Convent of the Visitation School for September 21, 2018 o. Acknowledgement of Par 3 July Financial Report p. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF AUGUST 15, 2018 COUNCIL WORK SESSION MINUTES Referencing the comments under Public Works, Councilor Duggan asked what was meant by the phrase 'the city is trying to reduce the fund balance', most specifically the word `reduce'. City Administrator Mark McNeill replied that the City will use the fund balance for one-time expenditures to bring down the fund balance to an amount which would still be above what is recommended for the city's AAA rating. This would also keep property tax increases reduced. Councilor Petschel moved to approve the August 15, 2018 Council Work Session Minutes. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 D) ACCEPTANCE OF FIREFIGHTER RETIREMENT Councilor Miller expressed his appreciation to Firefighter Vince Belmares for his service. He was a member of the fire department for almost 13 years. The city wished him the best going forward. Councilor Petschel shared a story of her experience with Firefighter Vince Belmares when she was new to the City Council. She echoed Councilor Miller's observation that he would be sorely missed. Council Petschel moved to accept, with regrets, the retirement of Firefighter Vince Belmares effective September 1, 2018. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 September 4, 2018 Mendota Heights City Council Page 2 of 7 K) ACCEPT WETLAND DELINEATION REPORT FOR THE LEMAY LAKE PROTECTION PROJECT Councilor Duggan asked if this report would eventually be posted on the city's website. He also asked for an explanation of what wetlands protections are. Public Works Director Ryan Ruzek replied that there are concerns about a new property development and the water quality of Lemay Lake. Mr. Ruzek was looking for a way to obtain some secondary treatment prior to existing discharges coming from Augusta Shores and some proposed discharges that would be coming from the Mendota Apartments site. In his initial discussions with the consulting engineer, it was determined that the first step in this process should be to assess the area for any wetlands; two were showing up on the National Wetland Inventory (NWI). An agreement was entered into with a consultant who sampled the area and determined that there are two wetlands in this area. Now that staff knows the limits of these wetlands, they can design around them and look to get a secondary treatment process. The wetlands are protected federally through the Wetland Conservation Act; the Minnesota Board of Water and Soil Resources has delegated authority to the City of Mendota Heights to be the local government unit who can make determinations on the wetlands. Staff requested that Council accept the report noting that there are two wetlands on this parcel and staff is not intending on impacting either wetland if the city moves ahead with a secondary treatment device installed in this area. Councilor Duggan asked if the proposed development by Swenson would impact this significantly. Mr. Ruzek replied that the Swenson Development's stormwater design exceeds the requirements laid upon them by the city. Council Duggan moved to accept the Wetland Delineation Report for the Lemay Lake Protection Project and authorize staff to issue a Notice of Decision. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PUBLIC HEARING No items were scheduled. September 4, 2018 Mendota Heights City Council Page 3 of 7 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-65 APPROVING FINAL PLAT OF "THE ORCHARD" AND APPROVE THE DEVELOPERS AGREEMENT FOR THE ORCHARD SUBDIVISION DEVELOPMENT Community Development Director Tim Benetti explained that Council was being asked to adopt the final version of the Development Agreement between Orchard Heights, LLC for The Orchard Development. This agreement includes the requirements for this development. Also included is was the Final Plat for "The Orchard"; a renaming from the original "Orchard Heights" due to a similar name in Eagan. Councilor Paper, referencing page 4 of the Developer's Agreement, asked what was meant by 'a looped access road' and how was it would be accomplished. Mr. Benetti replied that this paragraph was referring to allowing for access to the site at all times. The requirement is upon the developer that they have to provide some type of access, whether it be a loop road (a roundabout type road) or some other type of access. Basically, this paragraph states that they have to allow some type of access at all times. Public Works Director Ryan Ruzek also noted that, at this time, there is no intentions of actually having a looped road, whether temporary or permanent on the site. Councilor Duggan, referencing SECTION 1, Item 2b that read "All Infrastructure Improvements constructed by the Developer will be constructed, operated and maintained ..." should probably read "All Infrastructure Improvements proposed by the Developer..." Mr. Benetti replied that the Developer's attorney has suggested "All Infrastructure Improvements to be installed by the Developer. . Councilor Duggan, again referencing SECTION 1, Item 2b that read "(including, but not limited to, environmental, zoning, building code, energy conservation, and public health laws and regulations)" should be "(...building codes,..." Mr. Benetti agreed. Councilor Duggan, referencing SECTION 1, Item 2c that read "The Developer has received no notice or communication from any local, state or federal official that the activities of the Developer in the Property may be or will be in violation of any known state or federal environmental laws", noted that no one could know in advance something that may be in violation. He suggested that an easier way to say this be found. City Attorney Andrew Pratt suggested that the words "will be" be removed. Councilor Duggan, referencing SECTION 1, Item 2e, asked what this paragraph was saying. City Attorney Andrew Pratt replied that this was saying that this is an obligation with the developer which says that, if they sign this developer's agreement, they would not be in violation of any other agreement— typically a loan document from a third party. The developer is saying that they can sign this agreement and not jeopardize any other covenant made with anyone else. Councilor Duggan noted that throughout the document there were changes of the name from Orchard, Orchard Heights Lane and he was unsure of the intended name Mr. Benetti replied that the plat name has changed to "The Orchard"; however, they decided to keep Orchard Heights Lane as is. September 4, 2018 Mendota Heights City Council Page 4 of 7 Councilor Duggan, referencing SECTION 2, Item 2f, noted that the term `right-of-ways' should be `rights-of-way'. Councilmember Petschel disagreed. City Attorney Andrew Pratt replied that it could be either way. Councilor Duggan, referencing SECTION 2, Item 21, suggested that the last sentence should read "Permission from the Mendota Heights City Council is required for such work on Sundays or Holidays" [adding the word `such']. Mr. Benetti replied that the hours of operations as described in this section are typical for what the city holds to developer standards for typical work they are doing right now. Councilor Duggan, referencing SECTION 2, Item 2q that read "Upon completion of the Infrastructure Improvements except the final paving lift to the Public Road, the Developer shall cause to be provided to the Public Works Director an electronic copy of the Final Plans and the as -built survey, both in a form acceptable to the Public Works Director", asked what `as -built survey' meant. Mr. Benetti replied that after a project is completed, there is certification done by the developer's engineers and approved by the city's Public Works Director that the development is built as per plans or as per specs or design. This is typically referred to as an `as -built survey'. Council Duggan noted that the public would like to have a statement included that says that in the event of road closure or any other unanticipated impacts, that they let the city know so the city can inform the community. Mr. Benetti replied that the developer has already posted a road closure sign for sewer and water connection work. These signs have been up for a few days. Councilmember Duggan suggested that something be put in the agreement that in the event of an emergency or unforeseen circumstance that the city should be informed of any road closures or other impacts. Mr. Ruzek agreed that something like this could be added requiring 48 hour notice. Councilor Petschel noted that Council did have a work session on this contract and that session was attended by many of the neighbors. She stated she is hoping that the developer will install a barrier to prevent the headlights, from cars coming out of the development, from shining into the neighboring property's homes. Mr. Benetti replied that the developer has agreed to install trees. Councilor Petschel moved to adopt RESOLUTION 2018-65 APPROVING FINAL PLAT FOR "THE ORCHARD" and to ACCEPT AND APPROVE THE DEVELOPERS AGREEMENT FOR THE ORCHARD SUBDIVISION DEVELOPMENT, located at 1136 —1140 Orchard Place, with the suggested changes. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 B) APPROVE INCREASE IN PROJECT QUANTITY AND BUDGET FOR LEXINGTON HIGHLANDS AND MENDAKOTA NEIGHBORHOOD IMPROVEMENT PROJECT Public Works Director Ryan Ruzek explained that the Lexington Highlands and Mendakota Neighborhood Improvement Project, or more specifically the Lexington portion of the project, started approximately three weeks ago. The storm sewer extensions have been completed and the next step was to remove the curb and gutter that needs to be replaced to achieve the desired results of project. The on- site consultant noticed that the quantities were low in the plans versus what was being marked in the September 4, 2018 Mendota Heights City Council Page 5 of 7 field. After doing research, it was determined that the quantities in the plan are not sufficient to complete the project in the way desired. The feasibility report had a lot more curb and gutter listed in it and it is believed that the consultant did not provide adequate footage. Mr. Ruzek stated that the original bid of $1,068,235 would now have a final contract amount of $1,208,235, which would be an approximate $130,000 increase. Staff is looking to implement some savings on the longer sections of curb. Councilor Duggan asked if there were any impacts due to all of the rain received. Mr. Ruzek replied that they had installed 5,000 feet of curb before the rain, and now there are holes that are full of water. The cost of pumping this water out and drying out the sections is incidental to the contract. Councilor Paper asked for an explanation of how a section of curb or gutter is deemed deficient; they missed by 2/3 of a mile. Mr. Ruzek replied that he believes the fault was in their calculations. To determine if there are deficiencies in a curb, staff looks to see if the curb has sunk down and is holding water, if curb panels not lining up, if there are cracks or deterioration, or if there was substandard replacements by home construction crews. Councilor Duggan moved to increase the quantity of curb and gutter by 3500 lineal feet, and increasing the amount of the contract with Midwest Asphalt Services by approximately $110,000, for the Lexington Highlands and Mendakota Neighborhood Improvements. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the next meeting of the City Council will be on a Monday, September 17 due to Yom Kippur. Registrations are open for gymnastics, fall field trips, and the Super Hero Masquerade. The golf course will be closed September 17 and the morning of September 18 for fall aeration. The end of the Summer Concert Series will be held as The Movie in the Park at Mendakota Park on September 22. The movie chosen through on-line voting was "Moana" COUNCIL COMMENTS Councilor Petschel asked Chief of Police Kelly McCarthy to speak about the issues with break-ins of cars in driveways. Chief McCarthy stated that the city has experienced a rash of theft from motor vehicles and what separates this series of events from others is that this group is relatively sophisticated and they are not just stopping with people's unlocked vehicles; they are actually taking the garage door openers and entering the homes. Many people do not lock the door from their attached garage into their home. These thieves are going through these unlocked doors while people are sleeping and have stolen purses and other items of value. Those things that make the city wonderful — like the lack of street lights and the trail system — make it very attractive to criminals Leaving exterior lights on or, at the very least, a motion sensor light will help the police tremendously. Councilor Paper asked if the break-ins were actually break-ins or if all of the cars were left unlocked. Chief McCarthy replied that the majority were left unlocked; however, there was one over the weekend where the car window was smashed. September 4, 2018 Mendota Heights City Council Page 6 of 7 Councilor Duggan expressed his appreciation to Chief McCarthy for her communication which reminded residents about the kids being back in school. Councilor Miller stated that while he has been out and about, he has seen people zipping past him way too fast on Dodd Road. He requested that parents with kids of driving age have a conversation with them. Find ways to prevent the preventable; pay attention, be patient, and be safe. Councilor Paper noted that Warrior Rally for School District 197 is on September 7 at 5:00 p.m. at Heritage Middle School. Mayor Garlock stated that he received a lot of comments about the great job that city staff does and he expressed his appreciation for all of their hard work. ADJOURN Councilor Petschel moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 7:46 p.m. Neil Garlock Mayor ATTEST. , Lorri Smith City Clerk September 4, 2018 Mendota Heights City Council Page 7 of 7