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2018-12-04 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 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, and Petschel were also present. Councilor Miller was absent. MOMENT OF SILENCE Mayor Garlock asked for a moment of silence to commemorate the death of former President George H.W. Bush. 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 (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, pulling item j.) Approve Cooperative Construction Agreement with MnDOT for Highway 149 (Dodd Road) Rehabilitation Project. a. Approval of November 20, 2018 City Council Minutes b. Approval of November 28, 2018 Council Work Session Minutes c. Acknowledge the October 23, 2018 Planning Commission Meeting Minutes d. Approval of Resolution 2018-92 Designating Polling Sites for 2019 e. Approval of Tobacco License Renewals f. Approval of Probationary Firefighter Appointments December 4, 2018 Hendota Heights City Council Page I of 8 g. Approve Professional Services Contract for the Ridge Place Sanitary Sewer Improvements and Streambank Stabilization Project h. Approve Resolution 2018-96 Reappointment of Commission members, and Authorize Staff to Advertise Commission Position Openings i. Approve Change of Council Meeting Date to January 2, 2019 j. Approve Cooperative Construction Agreement with the MnDOT for the Highway 149 (Dodd Road) Rehabilitation Project k. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PULLED CONSENT AGENDA ITEM J) APPROVE COOPERATIVE CONSTRUCTION AGREEMENT WITH MNDOT FOR THE HIGHWAY 149 (DODD ROAD) REHABILITATION PROJECT Councilor Duggan expressed his concern with the striping of Dodd Road that was completed this past week. He also expressed concern that the center island at Wagon Wheel Drive was causing trouble for residents from the Friendly Hills neighborhood. He believed the City should work with MnDOT in relation to this. Councilor Petschel commented that this pedestrian refuge was on the original plan; it is a trail connection and it was installed for that purpose. It was also completed to prevent a serious accident at that location. This issue has been heard at the Traffic Safety Committee meetings a number of times. At least this way, there is some traffic separation and that was an acknowledged serious safety risk. Councilor Duggan replied that there have not been any accidents at this location that he was aware of. Councilor Petschel replied that the item on the agenda was asking for approval of a construction agreement that involves water mains. Councilor Petschel moved to approve Cooperative Construction Agreement with MnDOT for the Highway 149 (Dodd Road) Rehabilitation Project. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PUBLIC COMMENTS Mr. Bernard Friel, 750 Mohican Lane, expressed concerns regarding the intersection of Highway 149 (Dodd Road) at Decorah, Pagel, and Wagon Wheel. He stated he disagreed with the comments made by Councilor Petschel. His concern is the fact that MnDOT made these changes after it was presented to December 4, 2018 Mendota Heights City Council Page 2 of 8 everyone. He said that it was presented as a resurfacing project and there were no design changes included. He agreed that the plan did contain information on a proposed change in the intersection because it showed up in the mobility study. Unfortunately, the focus at that time was on the flow of traffic and not on that particular intersection. He shared an image of the intersection as it existed before this improvement was made. This was a four - lane intersection with turn lane going south, a turn lane onto Wagon Wheel, and a merge lane from Wagon Wheel — providing four lanes with the principle lane going through that area going south. The same thing is there going north — a turn lane onto Decorah with a merge lane beyond Decorah. He said that what has been done to that intersection has eliminated the opportunity for traffic get around someone taking a left turn onto Pagel. During rush hour it is going to be stacked for as long as it takes the northbound traffic to provide an opening. Going to Keokuk does not improve that at all. He asked that the Council share what their position is and what they are going to do about this. Councilor Petschel stated that she understands that the Council is not supposed to reply to a public comment; however, as a matter of record she reminded everyone that this Council — at the last Council meeting — passed a motion to request that MnDOT appear before the Council to answer questions regarding the traffic changes. The Council was aware that the little island was going to be located there; however, they did not know about the striping — it was not on the plan. Staff was given direction to inform MnDOT that the city was not happy with the striping. Since that time the city received a letter from the South Area Manager for MnDOT, which she believes is completely unacceptable. The final sentence of the letter claims that keeping the striping will help drivers adjust to the new lane configurations and reduce confusion. Councilor Petschel stated that this was an unacceptable response from MnDOT and she requested they be present at a meeting to discuss this issue. Mr. Jim Losleben, 815 Hazel Court, stated he has been going through that intersection (Pagel Road and Highway 149) for years and the traffic has been much easier to get on and off. However, the other day he was going south on Pagel and waiting for a break on Dodd Road and he observed a near truck/pedestrian accident. He noticed that the striping has been moved over to the point where there was no room to walk on the side of the road. This is another issue that has to be resolved. Another item he commented on was that when someone is going north on Pagel there used to be a yield sign; now that has been extended so that Pagel Road is lower than the main road making it impossible to see. PRESENTATION A) STREET PAVEMENT MARKING RULES Public Works Director Ryan Ruzek provided a brief outline on the various pavement striping options, noting that this is not intended as a solution to the Pagel/Dodd intersection. These are only general striping guidelines as there was some confusion at the last meeting regarding the double yellow striping and whether a car can cross over it at Pagel. Staff anticipates continuing to work with MnDOT on the Pagel Road striping. December 4, 2018 Hendota Heights City Council Page 3 of 8 Councilor Petschel asked for a motion to have MnDOT meet with Council, either in a regular meeting or a workshop meeting to hear the city's concerns regarding this intersection. Mayor Garlock moved to direct Mr. Ruzek to contact MnDOT and set a meeting time with them to discuss this issue. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Councilor Paper asked if the previous configuration Mr. Friel talked about — the merge lanes — were merge lanes or shoulders? Mr. Ruzek replied that they were officially referred to as by-pass lanes. Generally, the two through lanes run down the middle of the road. He said that if a car wants to take a left-hand turn from the through lane, there are by-pass lanes that the through traffic would be able to use. Councilor Paper asked if someone were to make a right-hand turn from Wagon Wheel onto southbound Highway 149, was that a merge lane or a by-pass. Mr. Ruzek replied that technically traffic should pull into the through lane. Councilor Duggan asked about the liability of the city if an accident were to occur in this area. City Attorney Andrew Pratt noted that city officials have a form of immunity when they work with other entities and that would apply here. He also stated that this is not a city jurisdictional project. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-95 APPROVING FINAL 2018 TAX LEVY COLLECTIBLE IN 2019 AND ADOPTING THE PROPOSED BUDGET FOR 2019 Finance Director Kristen Schabacker presented a resolution for the adoption of the final levy and budget for Fiscal Year 2019. In September, the Council adopted a preliminary budget and levy, which was certified to the county. The county then used those numbers to mail out notices to the residents in November 2018 regarding their proposed property taxes. Since those notices were mailed, she received ten responses from residents who were concerned with the increase in their property taxes. Ms. Schabacker explained the final budget and levy noting that it had not changed from what was presented to the Council in September 2018. 2019 Levy is proposed to be $9,435,150, an increase of 9.82% from 2018 2019 Budget for all funds is proposed to be $15,123,595 Taxable Market Value for the city is approximately $2.0 billion, an increase of 5.94% from 2018 Proposed City Tax Rate would be 39.275; the 2018 Tax Rate was 37.826 She continued to say that the average Mendota Heights residential home value experienced a 5.1 % increase from 2018. She noted that some residents saw more than that, while others saw less. The Median Home Value was $380,230 December 4, 2018 Mendota Heights City Council page 4 of 8 In 2018, a home valued at the median home value of $361,780 paid $1,412 in city property taxes. In 2019, a property valued at the median home value of $380,230 will pay $1,537 in city property taxes. With the fire station remodel, she said that residents are seeing an approximate 8.84% increase in their property taxes. Had that remodel not been included in the budget, it would have been a 2.58% increase. Ms. Schabacker then shared other items included in the budget for 2019, as well as recommended capital items that staff was recommending be taken from the reserves. Councilor Duggan, referencing the 2019 recreation budget of $46,100, stated those funds would be used for over 1,000 kids who are involved in our programs throughout the year. He stated this figure may be a bit on the low side and suggested additional funding. Councilor Petschel reminded the Council that the budget and levy could not be increased at this point; it could only be decreased. City Administrator Mark McNeill noted that funds could be reallocated; but the total could not be increased. Councilor Petschel shared comments she received from residents who were unable to attend this meeting; most explaining their surprise at how Dakota County reassessed the value of their homes. As Ms. Schabacker noted, some increased only 2-3%; while others were significantly more. She reported speaking with someone whose property value increased by 16%. She said that this makes a big difference in terms of how the property taxes would be assessed. Councilor Petschel moved to adopt RESOLUTION 2018-95 APPROVING FINAL 2018 TAX LEVY COLLECTIBLE IN 2019 AND ADOPTING THE PROPOSED BUDGET FOR 2019. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) B) RESOLUTION 2018-93 APPROVING A LOT SPLIT APPLICATION FOR 1925 VICTORIA ROAD SOUTH (PLANNING CASE NO. 2018-25) Community Development Director Tim Benetti shared a request to approve a lot split of the property located at 1925 Victoria Road South. The property is located on the southwest corner of Victoria Road and Stratford Road and is approximately 1.07 acres in size. The split of this lot would create two conforming lots that would meet or exceed the R-1 District standards. The easterly parcel would retain the existing dwelling. The new parcel would be marketed for a new single-family home and would have a new address off Stratford Road. Councilor Duggan moved to adopt RESOLUTION 2018-93 APPROVING A LOT SPLIT (SUBDIVISION) FOR PROPERTY LOCATED AT 1925 VICTORIA ROAD SOUTH. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) December 4, 2018 Mendota Heights City Council Page 5 of 8 C) RESOLUTION 2018-94 APPROVING A LOT SPLIT FOR UN -ADDRESSED PARCEL LOCATED BETWEEN 555 & 561 HIAWATHA AVENUE (PLANNING CASE NO. 2018-26) Community Development Director Tim Benetti presented a request to approve a Lot Split (Subdivision) for an un -addressed parcel located between 555 & 561 Hiawatha Avenue. The split would result in two identical sized parcels, each of which would be combined with the abutting properties located on each side, 555 and 561 Hiawatha Avenue. No individual development would be allowed or permitted on each newly created parcel. For the record, he said that it should be noted that one of the conditions of this approval was that "this lot split does not in any way provide a special or unique circumstance, or hardship for the applicant or future owners of these parcels in claiming a right to develop a new single- family dwelling development on the individual parcels". A fifth condition of approval would be added stating that newly created Parcels A and B shall be combined with the adjoining properties identified within 120 days of this approval. If this combination is not completed within that 120 -day time period, this lot split would become void. Councilor Duggan asked if the two adjoining property owners had accepted and agreed to the addition of Condition #5. Mr. Benetti replied that this condition was added today and they have not yet been notified. Councilor Paper, referencing the inability to develop on the newly created parcels, asked if this would preclude the owners from building detached garages or anything once the properties are combined? Mr. Benetti replied that it would not. Councilor Duggan moved to adopt RESOLUTION 2018-94 APPROVING A LOT SPLIT (SUBDIVISION) FOR PROPERTY LOCATED BETWEEN 555 AND 561 HIAWATHA AVENUE, with the addition of Condition #5 as noted. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) D) APPROVAL OF THE FACILITY/FIELD USE FEES FOR 2019 Recreation Program Coordinator Meredith Lawrence explained that each year the city coordinates and issues permits for the use of city -owned fields and facilities. The fees for this use are established in the city's fee schedule. Throughout the last year, staff has researched and reviewed neighboring city's fees. The user groups affected have been notified that the city will be considering fees to be charged for the uses in 2019. The Council reviewed this at a work session. Priority Levels 3 and 4 were decided to be charged on a `per player' basis, while Priority Levels 5, 6, and 7 would be charged on a `per hour' basis. All users would be charged a standard application fee for regular use and also for tournaments. Councilor Paper asked that the use fee for hockey rinks be changed to an hourly rate. He stated that ice time is generally charged on a `per hour' basis and this would be easier for staff. He also asked that the city not start charging for this ice time in 2018 but wait until the start if the 2019 hockey season. This would allow the associations to adjust their budgets. Ms. Lawrence replied that she did speak with Mr. December 4, 2018 Mendota Heights City Council Page 6 of 8 Ted Kronschnabel from Sibley Area Youth Hockey Association (SAYHA). He stated that a `per player' fee would be too expensive. Councilor Paper asked for confirmation that this would only be for ice rinks, not for field space. Ms. Lawrence confirmed. Councilor Petschel acknowledge the huge amount of work completed by Ms. Lawrence, Assistant City Administrator Cheryl Jacobson, the athletic association, the Council, and the Parks & Recreation Commission. This has been an effort to re -implement the fees. She recommended that this be reviewed next year. Mayor Garlock moved to approve the Facility/Field Use Fees for 2019 with the change to a per hour fee for the youth hockey association. Councilor Paper seconded the motion. Ms. Lawrence requested clarification on what the "per hour" fee should be set at. It was determined that $4/hour would be fair. It was also determined that SAYHA would not be charged until December 2019; however, all other groups — including MHAA — would start being charged in January 2019. Ayes: 4 Nays: 0 Absent: 1 (Miller) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the city had received a number of calls enquiring about the annual tree lighting that did not happen this year. He stated that, in the past, this was an event that had been sponsored by the Tenants Association at The Village. However, earlier this year they chose to go a different direction and chose to not fund the tree lighting event. He said that this week staff had received a call from someone who is seeking sponsorship for a modified tree lighting event event. Mr. McNeill encouraged the public to check the city's website for recreational opportunities for the upcoming winter break. Councilor Paper asked if a skating instructor has been found? Ms. Lawrence replied that staff is still searching. COUNCIL COMMENTS Councilor Duggan shared "Thoughts on Mendota Heights for the Next Years". Councilor Paper congratulated the St. Thomas Academy Football Team for a great season and expressed his appreciation for representing our city very well. He wished good luck to all of the winter sports participants. ADJOURN Mayor Garlock moved to adjourn. Councilor Duggan seconded the motion. December 4, 2018 Mendota Heights City Council Page 7 of 8 Ayes: 4 Nays: 0 Absent: 1 (Miller) Mayor Garlock adjourned the meeting at 8:14 p.m. Neil Garlock Mayor ATTEST: I',— g Lorri Smith City Clerk December• 4, 2018 Mendota Heights City Council Page 8 of 8