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2019-07-02 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 2, 2019 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. 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 to approve the agenda with the removal of agenda item 5i.) Acknowledge April Par 3 Financial Report and 9a.) Resolution 2019-46 Variance for 1562 Wachtler Avenue. These two items would be considered at a later date. Councilor Duggan 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 e.) Approve Change Order for Lexington Highlands and Mendakota Neighborhood Improvements, for additional discussion. a. Approval of June 18, 2019 City Council Minutes b. Acknowledge the May 28, 2019 Planning Commission Meeting Minutes c. Approve Resolution 2019-45 Approve Park Bench Donation to Ivy Hills Park d. Approve Resolution 2019-43 Approve Joint Powers Agreement with Dakota County for the Marie Avenue Pedestrian Underpass Replacement e. Approve Lexington Highlands & Mendakota Neighborhood Improvements — Change Order £ Approve Resolution 2019-49 Authorize the Donations of Bicycles and a Popcorn Machine g. Approve Out of State Travel Request for City Administrator h. Approve Out of State Travel Request for Police Department i. This item was pulled to be brought back at a future date j. Approve Mendota Heights Athletic Association Lease Agreement k. Approve the May 2019 Financial Report 1. Approval of Claims List Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) PULLED CONSENT AGENDA ITEMS E) APPROVE LEXINGTON HIGHLANDS & MENDAKOTA NEIGHBORHOOD IMPROVEMENTS — CHANGE ORDER Mr. Ruzek explained that this change order was for some additional drainage improvements behind the business properties on South Plaza Drive. There was an error in the memo included in the packet. The change order being requested is for the amount of $22,600 for creating and draining and armoring ditches behind 780, 790, and 800 South Plaza Drive. Councilor Duggan noted that he could not understand the need to do paperwork for a change order of $1,085. Mr. Ruzek replied that the change order is for $22,600. Councilor Petschel moved to approve the change order to Midwest Asphalt for the Swale grading behind 780, 790, and 800 South Plaza Drive in the amount of $22,600. Mayor Garlock seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Duggan) Absent: 1 (Miller) Councilor Petschel made the observation of the ponding of water that occurs between Gemini Medical and Walgreens, and asked that Public Works take a look at this situation. Mr. Ruzek replied that this would be the responsibility of The Plaza, but he would review the situation. There were no public comments made. PUBLIC COMMENTS PRESENTATIONS A) 2018 AUDIT Mr. Matt Mayer from BerganKDV presented the results of the 2018 Audit. The key points made included that this is an Independent Auditor's Report. City management is responsible for the financial statements. The Auditor is responsible to express an opinion on the financial statements. They provide assurance that the financial statements are fairly presented in all material respects. July 2, 2019 Mendota Heights City Council Page 2 of 12 The city had a balanced budget, meaning the inflow equaled the outflow. Revenue was $340,000 better than anticipated. He said that Department heads did a nice job of staying within the parameters established for spending. Spending was approximately $687,000 less than what was budgeted. Approximately $270,000 was transferred out during the year to the golf course and to the equipment fund. At the end of the year, the city had a surplus of approximately $749,000. The General Fund balance at the end of 2018 was $8,836,600, or approximately 107% of the year's expenditures, which is a very healthy financial position. The Par 3 Golf Course Enterprise Fund revenue dropped from $147,187 in 2017 to $132,066 in 2018. The Sewer Enterprise Fund increased revenue from 2017 to 2018 by approximately $250,000. The fund has $700,000 in reserves at the end of 2018. The Storm Water Enterprise Fund has $300,000 in reserves at the end of 2018. Councilor Petschel asked if the Par 3 Golf Course needed to be handled as an Enterprise Fund. Mr. Mayer replied that it did not. He stated the city could consider a Special Revenue Fund (subsidized activity) or incorporating it into the General Fund. He recommended a Special Revenue Fund for transparency. PUBLIC HEARING There were no public hearings scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-46 DENYING (OR APPROVING) A VARIANCE FOR REDUCED DRIVEWAY SETBACK AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2019-14) This item was pulled from the agenda and will be brought back for consideration at a future date. B) RESOLUTION 2019-47 APPROVING A PRELIMINARY PLAT OF SWEENEY ADDITION AT 777 WENTWORTH AVENUE (PLANNING CASE NO. 2019-17) Community Development Director Tim Benetti explained that Mr. Ed Sweeney had requested to split his 3.22 acre property into three lots. The proposed new lots would all meet the R-1 district standards for lot area and width. Mr. Sweeney would reside on the middle lot. It was noted that approximately 0.68 acres of the subject parcel is assigned as county road right-of-way. This new plat is scheduled to be reviewed by the Dakota County Plat Commission on July 8, 2019. Subject to the outcome of that review, the city will ensure the final plat meets all city and county requirements and standards prior to any future final plat approvals. July 2, 2019 Mendota Heights City Council Page 3 of 12 Councilor Duggan expressed his concern that the Council is not guaranteeing that Mr. Sweeney would be able to subdivide the middle lot (Lot 2). He asked, if that middle lot were to be split again, where the split would be made. Mr. Benetti replied that if the middle lot were to be split in the future, it would be split right down the middle. Since a dwelling or building cannot be over a lot line, the current residence would need to come down, as well as any other structures. Councilor Paper noted that less than one-half of Lot 3 is buildable and he asked for clarification that it was not up to the Council to determine what could be built on that lot. Mr. Benetti confirmed and explained that any new house pad that comes forward would have to be reviewed under a separate Wetland Permit and then the city would find out exactly how the house would fit onto the lot and ensure that the slope would not be impacted. Councilor Petschel noted that the County was requesting a 50 -foot right-of-way. She stated she was relieved that they have asked for that and that the city's trail falls within the county right-of-way. Her preference would be that there be no need for a trail easement. Councilor Petschel asked if there were any utility easements on the lot splits. Mr. Benetti replied in the affirmative and explained that they were the normal 10 -foot and 5 -foot easements. Mr. John Sonnek, Charles Cudd Co., stated that he has been working with Mr. Sweeney on this project. They have talked and addressed the trail easement issue. Councilor Duggan suggested that Condition 1 needs to be clarified that the total amount due for parkland dedication is for the two new lots. Staff agreed to clarify the language. Councilor Duggan moved to adopt RESOLUTION 2019-47 APPROVING A PRELIMINARY PLAT (SUBDIVISION) OF "SWEENEY ADDITION" LOCATED AT 777 WESTWORTH AVENUE. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2019-48 APPROVING (OR DENYING) VARIANCES FOR INCREASED STRUCTURE HEIGHTS IN THE R-1 RESIDENTIAL DISTRICT AT HENRY SIBLEY HIGH SCHOOL, 1870 DELAWARE AVENUE (PLANNING CASE NO. 2019-18) Community Development Director Benetti explained that Independent School District (ISD) No. 197, acting on behalf of Henry Sibley High School, has applied for a variance to increase the height allowance for a proposed new aquatics center, gymnasium, and a main entryway addition to the high school located at 1987 Delaware Avenue. The Planning Commission has scheduled a special meeting to consider the aquatics center portion of the application on July 11, 2019. Councilor Duggan requested to know what the total square footage is of all buildings (current and proposed) on the site. He requested to see three dimensional -type drawings to get a sense of the heights and proportions being proposed. He asked for an explanation of how visitor and staff parking would be addressed. He stated he would prefer to hear all of the requests at the same time to see the overall impacts of the proposals. July 2, 2019 Mendota Heights City Council Page 4 of 12 Councilor Paper said that the City Council was given everything through the Planning Commission, including the aquatic center information. All of this was to move forward and the reason the aquatic center has been delayed was to accommodate the neighbors and have additional dialogue. The Council is trying to move this along to keep the project moving forward. Mr. Benetti replied that this is a large institutional structure facility located in a residential zone, which dictates the standards to be applied. This is not a typical single-family structure. The current building is over 60 feet tall. The School District has held a number of neighborhood meetings. They are limited by the R-1 standards. Councilor Paper asked for the height of the proposed gymnasium. Mr. Benetti replied that it is proposed to be 50 feet 5 inches in height. Councilor Paper then asked for clarification on the tallest height of the school. Mr. Benetti replied that the main school facility is 65 feet; so the gymnasium would still be under the highest point of the school structure. However, he did point out that the gymnasium would be approximately 5 feet above the current gymnasium structure simply because they are building it on top of the current loading area. The peak of the roofline it not going higher. Councilor Petschel asked if this wasn't similar to what had been approved at Friendly Hills. Mr. Benetti replied in the affirmative. Councilor Duggan, referring to the proposed aquatic center's proximity to Delaware Avenue, asked if there were any plans to move it back by 10 feet or more. Mr. Benetti replied that, after speaking with the architect, they are considering moving the addition back and doing other requested modifications to the plan to accommodate some of the neighboring residents' requests. They will be presenting those modifications, landscaping, and noise mitigations at the July 1 Ith meeting. Councilor Duggan asked if there were any larger drawings showing the front entrance. Mr. Benetti replied that what was in the packet is all that was submitted by the applicant. Ms. Jennifer Anderson -Tuttle with LSE Architects came forward and explained that the packet provided to the Council does include all of the critical information. It describes the elevation, and what is asked for in a variance application. They can provide additional information if the Council desires. Councilor Duggan reiterated his belief that they should be provided with clearer representations of what is being proposed. Ms. Anderson -Tuttle replied that there have been many community meetings where renderings were provided. She could explain that the materials proposed for both the new entryway and the gymnasium addition include metal panel curtain wall systems and brick — all that are equal or better materials than required and provided in the existing building. She would be willing to provide the requested renderings at the July 1 lth meeting; however, she did request that the Council approve the variance applications for height to allow for the project to stay on schedule. They have been advised by the contractor that a delay of even two weeks would have significant cost impacts. City Attorney Andre Pratt explained the resolution approving the variances. The three practical difficulties tests are: July 2, 2019 Mendota Heights City Council Page 5 of 12 1. The property owner proposes to use the property in a reasonable manner not otherwise permitted by the zoning ordinance 2. The plight of the property owner is due to circumstances unique to the property, not created by the property owner 3. The variance will not alter the essential character of the neighborhood and economic considerations alone do not constitute practical difficulties He agreed that it may be a bit awkward to have it piecemeal; however, these technically can be submitted in an individual fashion at different times. In the resolution of approval, Section B. iii. talks about the excess height of the gymnasium addition and the entryway addition, and that they all are under or equal to what exists today. Ms. Anderson -Tuttle explained that the height of the gymnasium is no less than what is required to build a gymnasium and have competition courts for basketball and volleyball. The entryway, which is 24 feet below the existing height, is a height that is both aesthetically pleasing to the front entry and provides a nice two-story welcoming space. This is something they were told from the community and the task force was desired. It was meant to beautify the building and the campus. Councilor Duggan expressed his concern about approving a variance request based on something that already does not comply with the city code. Attorney Pratt agreed but believed it to be covered under the variance tests in the resolution. The request has to run through the variance tests. That has been done in this resolution to his comfort level. Councilor Duggan stated that he was supportive of the school; however, he is not supportive of the city going forward with approvals that are contrary to the standards in place. Ms. Anderson -Tuttle replied that the school is an allowable use. Councilor Petschel noted that the hardship here is that it is a school in an R-1 district and anything they would do would need a variance. Councilor Paper moved to adopt RESOLUTION 2019-48 APPROVING VARIANCES FOR A NEW GYMNASIUM ADDITION AND FRONT ENTRYWAY ADDITION AT HENRY SIBLEY HIGH SCHOOL —1897 DELAWARE AVENUE (PLANNING CASE NO. 2019-18). Councilor Petschel seconded the motion. Ayes: 3 Nays: 1 (Duggan) Absent: 1 (Miller) D) ORDINANCE NO. 542 AMEND TITLE 12, CHAPTER 1, ARTICLE D, GENERAL ZONING PROVISIONS REGARDING CERTAIN FENCE REGULATIONS AND STANDARDS Mr. Benetti explained that due to an increasing number of requests and complaints from local residents and fence installers, city staff has initiated this application to consider amending the city's fence standards. The majority of the requests were related to allowing residential fences to be 100% opaque. Complaints have also been received regarding the city's front -yard fence height limitation of 36 inches. July 2, 2019 Mendota Heights City Council Page 6 of 12 Mr. Benetti reviewed the proposed changes to the ordinance with City Council. Councilor Petschel noted that privacy fences do not allow for any air to move and some residents are concerned with climate change and heat islands; they are not healthy for the environment. She asked if it would be possible to have a privacy fence that still allows air to move. Mr. Benetti replied that what was shown in his examples were images of a solid -screen fence. The city does allow for a 4 -inch gap to be placed on the bottom; this is usually to allow for weed control. The other fence images provided had lattices, etc. He shared an image of an `alternate board' or `shadow-box' fence and explained that it would breathe. It would not be a solid privacy fence but it would meet the 30% opaque rule. Councilor Petschel said she could live with that type of fence as it allows for a high degree of privacy but still allows the air to move and to breathe. However, she is not comfortable with board -to -board. Councilor Duggan asked how many recorded complaints the city has received. Mr. Benetti replied that complaints are received starting early spring and continue throughout the summer. Councilor Duggan requested that the ordinance include a statement that fences between neighbors be a merging of heights. He asked, referring to fences on commercial properties next to a residential home, what if the resident objects to a fence. Mr. Benetti replied that under the ordinance, for any business or industrial zoned property abutting a residential zone, the property has to be fenced. If the resident objects, then they would work with the business owner. The fence would be the property of the business and be located on their property. Councilor Duggan raised a concern that he had concerning a resident not being able to put a fence directly on the property line. He was unsure if the city had a legal right to tell a property owner where he had to put a fence. Mr. Benetti replied that the current ordinance says a resident can place a fence up to the property line. He has heard from fence companies that they recommend to their clients that they hold the fence back six or more inches from the property line. If they want to put it on the line they can; however, he was unaware of many fence companies that would recommend that. Referencing Section 3.C.2 of the proposed ordinance where it reads, "Fences on business and industrially zoned properties abutting residentially zoned property shall be erected a measurable distance from the property line not to exceed six inches (6"), shall be one hundred percent (100%) opaque...", Councilor Duggan asked what would happen if the resident did not want a 100% opaque fence but wanted a 30% opaque fence. Mr. Benetti replied that it was not the resident's call. The ordinance says that a commercially or industrially zoned property has to put the fence up. He also pointed out that this language is already in the code. Councilor Petschel asked what constitutes a privacy fence. She could not approve the vinyl board -to - board privacy fence. Councilor Duggan echoed her comments. Mr. Tom Corrigan, owner of Midwest Fence, stated that over time the industry has changed. Years ago, one of the reasons communities wanted wind flow ordinances was because of something called spite fences -customers who put up a fence to spite their neighbors. Back in the 1970's, owners would purchase fence panels and put the good side to their side and the bad side to the neighbors. In order to solve this, communities came up with wind -flow ordinances so that people were forced to put up a good neighbor fence — good from both sides. Over time, the industry has changed and materials have changed. July 2, 2019 Adendota Heights City Council Page 7 of 12 The problem is that one cannot build a wind -flow type, good neighbor fence with some of these new materials — they are not strong enough. These wind -flow ordinances had nothing to do with wind; they were there to direct people to put up a certain type of fence that was good for the neighbor, good for the community, and would solve the problem of two neighbors who did not get along. In regards to the six inches from the lot line, when they put a fence up they have the property line defined and they keep the fence inside of the property four to five inches so that the entire concrete footing remains on the owners property. Councilor Duggan asked if the increase in fence height would require a larger fence footing. Mr. Corrigan replied in the negative. Ms. Debbie Smith, 1088 William Court, has been dealing with a slatted board fence for years. They have replaced many boards and it is expensive. The wood rots, they repaint, stain, and replace boards. They need a privacy fence that is not going to disintegrate. If the city requires a slotted PVC fence, it would cost $6,000 more than a solid privacy fence. She requested the Council approve this ordinance. Councilor Paper commented that not everyone coming in is going to want to install a solid opaque privacy fence. This would allow someone with a permit to have it done right instead of doing it on their own. He did not foresee the shadow-box fences disappearing if they were to allow solid opaque fences. He would like to see it as an option. Under Section 2 B. 1. d., Councilor Duggan suggested `black only' or `black -preferred' be added to the description of chain -linked fences. He asked, if one neighbor wants to install a fence 6 feet in height, and another neighbor has a pool with a fence at five feet in height, how can the city ensure the fences meld together. Mr. Benetti replied that in regards to permits issued for pools — the minimum is five feet; however, most of them are at six feet. Most fence panels come in an even dimension. Mayor Garlock commented that he was comfortable with the approval of this ordinance as presented. This would provide another option for residents and he has no issues with it. Councilor Petschel asked if there was a way to insert language into the ordinance that reads `although a solid screen privacy fence is permitted in the city, it is the preference of the city that fences be erected to allow 30% air flow for the sake of the environment'. She would not be agreeable to requiring a Conditional Use Permit for a solid opaque fence. Mayor Garlock was agreeable to this language being added. Councilor Paper was also agreeable. Attorney Pratt stated that his main concern with ordinances was enforceability; making this amendment is not really geared towards any enforcement — it is only a statement of preference. Legally, he did not have a problem with this language being added. Councilor Petschel moved to adopt ORDINANCE NO. 452 AMENDING TITLE 12, CHAPTER 1, ARTICLE D. GENERAL ZONING PROVISIONS REGARDING CERTAIN FENCE REGULATIONS AND STANDARDS and requiring the City Attorney and Community Development Director Tim Benetti to approve the wording with regards to the city's preference is for 30% opacity. Councilor Duggan seconded the motion. July 2, 2019 Mendota Heights City Council Page 8 of 12 Ayes: 4 Nays: 0 Absent: 1 (Miller) E) PAR 3 IRRIGATION CONTROL SYSTEM Recreation Program Coordinator Meredith Lawrence explained that the current irrigation control system used at the Par 3 Golf Course is approximately 30 years old. She noted that on June 10th, the power had been lost at the Par 3 golf course due a thunderstorm. On June 19th, staff determined that the course turf seemed abnormally dry. Staff determined that the irrigation system had been out since the power outage. MTI, the irrigation consultant, was out to diagnose the issue. The system was reprogrammed but continues to not work correctly. Staff has been manually watering and sanding the greens in an effort to retain the water. It has been recommended by MTI to replace the system at a cost of $28,485.83. A transfer from the General Fund is recommended for this expenditure. Councilor Paper asked for clarification that this purchase would only be for the control panel of the irrigation system and that staff would not be laying pipe or putting in new heads or valves. Ms. Lawrence confirmed and stated the purchase would be for two satellite stations and the control panel. Councilor Duggan moved to authorize the purchase and installation of a new Par 3 irrigation system in the amount of $28,485.83. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) F) REVIEW OF THE MENDOTA HEIGHTS MUNICIPAL STATE AID CAPITAL IMPROVEMENT PLAN Public Works Director Ryan Ruzek explained that the Council was being asked to consider moving up a project in the Capital Improvement Plan (CIP) for the city's municipal state aid streets. The City of West St. Paul has requested that Dakota County consider reconstructing Delaware Avenue from Marie to Dodd Road in the year 2025. This had been identified as a 2027 project. This portion of Delaware is scheduled to receive a mill and overlay this year (2019). Mr. Ruzek reviewed the current CIP with the Council and the impacts if this road were to be reconstructed in 2025. The city would hit a negative funding number in 2023; however, some of the projects could change. The city could also look at other funding sources, like grants or additional county or state funds that would offset some of the city's costs. The question before the Council was if they were interested in moving the Delaware reconstruction project to 2025. The feasibility report would be started in 2023; the city's 12.5% share would be $75,000 for the study. There would be right-of-way acquisitions in 2024 estimated to be approximately $250,000, and the city's share of construction would be $600,000. At this time, there is no real capacity improvements planned for Delaware Avenue except for the construction of a pedestrian trail. July 2, 2019 Mendota Heights City Council Page 9 of 12 Mayor Garlock asked what the condition of the road is currently. Mr. Ruzek replied that the county is planning to do a mill and overlay this year, so the pavement condition has deteriorated to that point. Councilor Paper asked if the mill and overlay would still happen. Mr. Ruzek replied in the negative, however, it is shown in the CIP. Councilor Paper asked if this were to be pushed out to 2027, would the county have a better handle on what has happened in northern Inver Grove Heights; would that have any impact. Mr. Ruzek replied that project would not impact this project. Most of the traffic studies showed an increase in traffic on Delaware Avenue between I-494 and Highway 62. He did not believe there was a large increase north of Highway 62. Councilor Petschel, in an effort to clarify, stated that the original agreed upon construction year for Delaware was 2027. Mr. Ruzek replied that at the end of June, the city is required to send a letter to Dakota County asking for projects to be included in the county's CIP. Dakota County and West St. Paul are asking Mendota Heights if they are interested in supporting this project to an earlier year. This would need to be in the county's CIP as the first study does show up in 2023. Councilor Petschel further stated that the issue for the City of Mendota Heights is that this is coming up sooner than we budgeted for. She indicated she was not supportive of moving up construction. She saw no reason to change that and she suggested it remain at 2027. Mr. Ruzek stated that the county, by 2027, may have an alternative cost share policy. Councilor Petschel stated that since the county has pulled itself out of the Greater Transportation System Contribution Program of the Metropolitan Council (Met Council), they should have more money to spend because it is not being contributed elsewhere. There should be more to spend locally. Councilor Duggan asked if the city had any costs expended in this area in the last few years. Mr. Ruzek replied that the city provides a resolution of support to the county's CIP every fall. Two summers ago they did some major improvements in the Industrial Park where they converted the Northland Drive and Pilot Knob Road intersection to a three-quarter intersection. This past summer they installed all new signals on I-494 with the flashing yellows and the widening of Pilot Knob Road. Councilor Petschel mentioned the underpass under Highway 62. There have been a number of county projects. Councilor Duggan asked how the city could obtain a guarantee that they would not be charged over 12.5%. Mr. Ruzek replied that, as they get closer, all of the financing is actually part of a specific project joint powers agreement and all of the costs would be allocated at that time. Councilor Duggan then asked what the ramifications would be if the city were to say no at this time. Mr. Ruzek replied that he believed that West St. Paul was very interested in having a trail constructed along Delaware sooner; it would make a connection between some of the trails along the north end. Councilor Petschel moved to direct staff to adhere to the prior agreed upon year of 2027 for the Delaware Avenue improvements, which includes the street and the trail. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) July 2, 2019 Mendota Heights City Council Page 10 of 12 G) RESOLUTION 2019-44 REJECTING BIDS FOR THE MARIE AVENUE AND WESLEY NEIGHBORHOOD IMPROVEMENTS AND AUTHORIZING AN ADVERTISEMENT FOR BIDS FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek explained that bids were opened on June 26, 2019, for the Marie Avenue and Wesley Neighborhood improvements. There was a lot of interest in the project, however, only one bid was submitted in the amount of $2,841,905.40. The engineer's estimate for the project was $2,228,615.40. The bid was 28% above the engineers estimate. The city consultant, TKDA, has reached out to a number of contractors for feedback. Concrete seems to be the issue, finding a curb contractor, the land bridge, and there were higher costs on some of the water main issues. TKDA's recommendation is for the city to separate out the Wesley Neighborhood and the Dodd Road Trail from the Marie Avenue portion of the project, and try to rebid the project with only the Wesley Neighborhood/Dodd Road Trail improvements. This would be a smaller project. Then they would look at the entire Marie Avenue project to be bid this winter. It is hoped that the inclusion of the pedestrian underpass will make some bridge contractors a little more interested in the project. Councilor Duggan asked if the 28% over estimate was reflective of the increase the city experienced with the fire department addition. Mr. Ruzek replied that it was similar; however, the overrun on the fire station was for masonry work, not concrete work. The bridge and water main work did come in substantially higher than the estimate. Councilor Petschel asked who would bear the cost of the water main work. Mr. Ruzek replied that it would be borne by St. Paul Water. Councilor Petschel moved to adopt RESOLUTION 2019-44 REJECTING BIDS FOR THE MARIE AVENUE AND WESLEY NEIGHBORHOOD IMPROVEMENTS AND AUTHORIZING AN ADVERTISEMENT FOR BIDS ON THE WESLEY NEIGHBORHOOD IMPROVEMENT PROJECT. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) H) ACCEPT RESIGNATION FROM IRA KIPP, PARKS RECREATION COMMISSIONER City Administrator Mark McNeill stated that staff received notice of resignation from Park and Recreation Commissioner Ira Kipp. Staff requested direction on how to fill the unexpired portion of Mr. Kipp's term, which would run through January 2021. Councilor Paper noted the good candidates that were not appointed this past January, and he suggested that staff contact those applicants to see if they are still interested in being appointed. Mr. McNeill stated that he would contact the applicants who were not appointed and see if they are still interested. The Council can then discuss this at a future workshop and/or meeting. July 2, 2019 Mendota Heights City Council Page 11 of 12 Councilor Petschel moved to accept, with regret, the resignation of Ira Kipp from the Parks and Recreation Commission, and directed staff to contact the applicants from January 2019. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that on July 4, 2019 is the fireworks display which will begin at dusk. The city concert series continues this month on July 19, 2019 -Shaw Brothers Band and on July 24, 2019 -Kids Dance. Mr. McNeill reported that Police Chief Kelly McCarthy has been appointed by Governor Walz to be the chair of the Minnesota Police Officers Standards and Training (POST) Board. COUNCIL COMMENTS Councilor Petschel recognized St. Thomas Academy for winning the state championship in baseball. Councilor Paper congratulated St. Thomas and recognized the players who once played with the Mendota Heights Athletic Association program. Councilor Duggan wished everyone a happy summer. He congratulated Police Chief McCarthy on her appointment. F."Is Councilor Paper moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Miller) Mayor Garlock adjourned the meeting at 9:12 p.m. ATTES Lorri Smith City Clerk Neil Garlock 1 Mayor July 2, 2019 Mendota Heights City Council Page 12 of 12