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2019-07-16 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 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, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. MOMENT OF SILENCE A moment of silence was held in memory of Police Officer Scott Patrick (EOW July 30, 2014). AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS A) UPDATE ON FIRE STATION EXPANSION/REMODEL BY PAUL OBERHAUS, CPMI Mr. Paul Oberhaus, Construction Manager, stated that the power lines at the Fire Station site have now been relocated and the rest of the site has been cleared. The footings for the foundation of the north addition and for the museum addition on the east side have been installed. Coming up, the block work and backfilling will be completed, and the walls will be erected along the perimeter. Toward the end of this month, the hope is to have the precast plank fit to form the mezzanine floor. In early August, the bar joists and deck will be going up on the roof. He said that the project is currently running behind schedule, but the goal is to have the building enclosed before the onset of winter. CONSENT CALENDAR Mayor Garlock presented the consent calendar for approval. Councilor Petschel moved approval, pulling items f.) Approve Purchase Orders for the Control of Invasive Plant Species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Oheyawahe/Pilot Knob Historic Site and k.) Approval of Claims List. a. Approval of July 2, 2019 City Council Minutes b. Approval of July 9, 2019 Council Work Session Minutes — City Attorney Interviews c. Approval of July 9, 2019 Joint Council—Parks Recreation Commission Work Session Minutes d. Approve Temporary Liquor License for Holy Family Maronite Church for Sept 6-8, 2019 e. Approve Agreement with Seminole Funding Resources, LLC, and Northfield Solar LLC, relating to a subscription to a solar garden in Rice County f. Approve Purchase Orders for the Control of Invasive Plant Species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Ofieyawahe/Pilot Knob Historic Site g. Approve Out of State Travel for Fire Department h. Acknowledge May 2019 Fire Synopsis i. Acknowledge April — May Par 3 Financial Reports j. Approval of the Building Activity Report k. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS F) APPROVE PURCHASE ORDERS FOR THE CONTROL OF INVASIVE PLANT SPECIES WITHIN VALLEY PARK, ROGERS LAKE PARK, COPPERFIELD PONDS PARK, AND THE OHEYAWAHE /PILOT KNOB HISTORIC SITE Councilor Duggan requested a review of the plans for the removal of the invasive species. Public Works Director Ryan Ruzek explained that the city has been working with Great River Greening for several years on controlling invasive species. At Valley Park, the focus has been on removing buckthorn and garlic mustard. Xcel Energy has proposed to have an Xcel employee volunteer event, which will help to offset some of the costs for hauling the Buckthorn out of the area. At Rogers Lake Park, this is the third year for treatment of buckthorn removal. This year, the focus would be on the western edge of the lake. At Copperfield Ponds Park, this is the first year for treatment. The work will include removing some undesirable trees and buckthorn. They hope to open up oak grove vistas and contain some maples. They will also do a reduction of the dogwoods. At the Pilot Knob Historic Site, they plan to begin phase four. The city has been working on converting this area back to native prairie. Councilor Duggan asked if Mr. Ruzek believed these efforts are being successful. Mr. Ruzek replied in the affirmative, however, it is very challenging. Councilor Miller asked if there was a date set for the Xcel Energy event. Mr. Ruzek replied that the actual date has not been set. This would be an Xcel event and not open to the public. July 16, 2019 Mendota Heights City Council Page 2 of 10 Councilor Duggan moved to authorize purchase orders for the control of invasive plant species within Valley Park, Rogers Lake Park, Copperfield Ponds Park, and the Oheyawahe/Pilot Knob Historic Site. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF CLAIMS LIST Councilor Duggan asked for the number of trees that had been removed for the payment of $4,975 to Savatree. City Administrator Mark McNeill replied that the city had budgeted $30,000 for tree removal, primarily emerald ash. This bill was for the removal of three large boulevard trees. At this time the city is having a tree survey completed of the city's parks that may indicate that emerald ash borer is spreading throughout the community. It is anticipated that the city will see similar invoices in the future and staff will likely recommend increasing the annual budget amount for next year's budget. Councilor Miller asked if the trees had been replaced. Mr. McNeill replied that at this point, the cost was only for the removal. Staff will be looking at the possibility of replacements later. Councilor Duggan moved to approve the Claims List. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2019-50 ORDER PLANS FOR THE TOWN CENTER/VILLAGE BOULDER RETAINING WALLS IMPROVEMENTS Public Works Director Ryan Ruzek introduced Mr. Anthony Sellner of Stonebrooke Engineering, who explained the Town Center/Village boulder retaining wall improvement project. In 2004, these boulder walls were constructed on Outlot E, located at Oak Street and Market Street. In 2018, it was identified that the walls were failing and jersey barriers were added for safety along the trail. It is believed that the cause of the failure was due to the improper sizes of the boulders based on the height of the wall and due to some backfill issues. Additionally, it is proposed to reconstruct the wall at Victoria Road and Walsh Lane at the same time, which was constructed in 2015. It was identified as failing in 2018. There is an inch of block separation currently, due to lack of geo-grid installation on this four to five-foot high wall. July 16, 2019 Mendota Heights City Council Page 3 of 10 Stonebrooke Engineering has proposed a boulder wall replacement on Outlot E with larger rocks. The Outlot E retaining wall reconstruction, including indirect costs, is estimated to be $411,701. Funding for the Outlot E would be through assessments and municipal bonds. The Victoria Rd S—Walsh Lane modular block wall reconstruction, including indirect costs, is estimated to be $58,415. They hope to salvage and reinstall most of the block in place. They would install wire fences and ornamental fences and reestablish landscaping on the site. This would be funded with municipal bonds. It is anticipated that the reconstruction would be completed by November 2019. Councilor Miller asked if the boulders being removed from Outlot E would be repurposed elsewhere. Mr. Sellner replied that there are options available for the reuse of the boulders. They could be used for the upper layers of the new wall, or they could be reused for another project. The cost for the contractor to move the boulders to another site for storage has been factored into the cost. Councilor Miller noted that he would prefer that the city stockpile the boulders for future use. Councilor Paper asked for the approximate number of square feet of the wall on Victoria Curve. Mr. Sellner replied that it is approximately 805 square feet. Councilor Paper asked if they would reuse the bottom rows of block. Mr. Sellner replied that the block seems to be in good shape and they intend to reuse as much as possible. Regarding the Village, Councilor Paper asked if there would be enough space to get large equipment in there to move the boulders. Mr. Sellner answered that with the parking lot behind the commercial properties and the trail, they would have plenty of room for the equipment. Councilor Paper asked what would ensure that the city could find a contractor willing to do this work. Mr. Sellner replied that there is never a guarantee for securing a contractor. Many contractors for building boulder walls are one man crews. Because of the stacking that is required, a second person may be needed. When asked what they would do differently to prevent wall failure, Mr. Sellner replied that they would be installing their own select stock and would control what kind of backfill would go behind the wall. The fence at the top of the wall would be one to two feet back from the top edge of the wall. Councilor Duggan asked if there would be any contact with the residents in the area being impacted. Mr. Ruzek replied that most of the impacted neighbors in The Village are being notified as this is a specially assessed project. The Homeowners Association has been very involved with this project. As for Walsh Lane, the City plans to notify the one landowner who would be impacted. Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 July 16, 2019 Mendota Heights City Council Page 4 of 10 No one wished to be heard on this issue. Mayor Garlock moved to close the public hearing. Councilor Paper seconded the motion. Ayes: 5 Nays: 0 Councilor Petschel moved to adopt RESOLUTION 2019-50 ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE TOWN CENTER/VILLAGE OF MENDOTA HEIGHTS BOULDER RETAINING WALL IMPROVEMENTS (PROJECT #201810). Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-51 APPROVING (OR DENYING) A VARIANCE TO ISD NO. 197 FOR NEW AQUATICS CENTER AT HENRY SIBLEY HIGH SCHOOL, 1870 DELAWARE AVENUE (PLANNING CASE 2019-18) Community Development Director Tim Benetti explained that on July 11, 2019, the Planning Commission held a special public hearing to reconsider the variance request for the aquatic center. Mr. Benetti shared architectural renderings and conceptual site plans showing the building elevations, the landscaping, and the berm. Councilor Petschel noted the addition of the pollinator friendly landscaping and that the lights and signage on the east side of the building were addressed. Councilor Duggan asked for confirmation that the School District and the School Board had been apprised of the changes in the resolution. Mr. Benetti confirmed that they have been informed. Councilor Duggan expressed his appreciation to the efforts put in by the community, school district, and the staff in coming up with an excellent product. Mayor Garlock stated that he received many emails and texts from residents expressing their approval of this project and variance request. Councilor Petschel moved to adopt RESOLUTION 2019-51 APPROVING A VARIANCE FOR A NEW AQUATIC CENTER AT HENRY SIBLEY HIGH SCHOOL LOCATED AT 1897 DELAWARE AVENUE (PLANNING CASE NO. 2019-18). Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 July 16, 2019 Mendota Heights City Council Page 5 of 10 B) RESOLUTION 2019-46 DENYING (OR APPROVING) A VARIANCE FOR REDUCED DRIVEWAY SETBACK AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2091-14) Community Development Director Tim Benetti explained that this request was from Mr. Jim Carlson for property located at 1562 Wachtler Avenue. Mr. Carlson is looking to build a new detached garage in his rear yard and is asking for a variance to the required side -yard setback for a new driveway to the new garage. City Code requires all driveways in residential zones to be 5 -feet from the side lot lines. Mr. Carlson's proposed driveway would leave a setback of only 2.5 feet. The subject property is 1.77 acres in size with a 5,345 square foot single-family residential dwelling with an attached garage. Mr. Benetti shared an image of the site and indicated the location of the home, the current driveway, the proposed new garage, and proposed new driveway. The Planning Commission held a public hearing on the request on May 28, 2019 and tabled it. They directed staff to work with the applicant on alternatives to reduce or eliminate the need for the variance. This item was presented again at the Planning Commission's June 25th meeting where staff reported the most feasible option for the driveway location was as originally requested. The Planning Commission recommended denial of this application by a vote of 6-1. Councilor Duggan asked if there would be enough of a driveway entrance for a fire truck to access the new garage should a fire break out. Mr. Benetti replied probably not. Councilor Miller noted that the firefighters would most likely drive in as far as possible and then pull a hose to the site of the fire. From a firefighter perspective, he did not have any concerns. Councilor Duggan stated, having walked the property quite a bit, that he could not see any other way this could be done reasonably. He suggested that the language in the third WHEREAS in the resolution of approval should read ..."encroach 50% in the required five-foot setback ..." He also stated that the property is currently well screened and he expected that would continue in the future. Councilor Paper stated that the intent of the rule to allow an extra garage on a large property seems to be that if one had a large property, they would have flexibility. In this case, there are trees in the back corner and it also does not seem reasonable. However, looking at a garage on the other side of the property, along Wachtler, seems like something that could be done without encroaching on any neighbor. He questioned the water runoff if a significant rainfall were to occur; and the pressure that would be put on the retaining wall. Mr. Benetti replied that this would require a variance to the front yard setback. Although the home is situated at an angle, it appears this area is the side yard and it is actually the front yard because it is along the Wachtler Avenue right-of-way and a garage cannot be built in the front yard. Additional discussion occurred between the Council and Mr. Benetti on the need for significant fill due to the grade of the property if the garage and/or driveway were located elsewhere on the property. Councilor Miller pointed out the second `practical difficulties' test that states that "the plight of the property owner is due to circumstances unique to the property, not created by the property owner"; July 16, 2019 ,llendota Heights City Council Page 6 of 10 however, there are opportunities to find alternatives. He understands the ease the proposed location would provide, however, he cannot agree with it. Councilor Petschel stated that her major concern with this application was the drainage between this lot and the neighbors. Making a change to the backyard aesthetics may become necessary to accomplish a desired action and still be in compliance. Mayor Garlock also walked the property and talked to Mr. Benetti about the pavers and the ability to drain the water. Mr. Jim Carlson, 1562 Wachtler Avenue, stated that he has started building a retaining wall, to correct the drainage issue. His neighbor has expressed appreciation for it because he has been getting water into his basement. The new garage would add five to seven feet of space on each side of the existing shed's footprint. Putting the new garage near Wachtler Avenue would ruin the entire view of the yard. By putting a garage door on the backside of the current garage would be problematic. The easiest way to get into the new garage is via the proposed driveway. Councilor Duggan asked if the new garage would have the appropriate setbacks. Mr. Benetti replied that Mr. Carlson's 186 square foot garage would require a 10 -foot setback off of the north and 10 -foot setback off of the east line. The proposed building meets that. Councilor Paper asked for clarification on the permeable pavers that are to be used. Mr. Carlson replied that he believed them to be approximately 5 -inches in depth, 2 -feet wide by 2 -feet long. He then asked if the retaining wall, because of the height and width and then the addition of load, needed some kind of stabilization. Mr. Carlson replied that the wall would only be three feet high and they plan to put in class five recycled concrete and back -fill. He just needs enough space to get past the house. Councilor Paper asked what was preventing them from having an 8.9 -foot driveway at the corner of the garage (pinch point). Mr. Carlson said he could probably do that. Councilor Paper pointed out that if that was done, he would not need a variance. Councilor Paper asked for confirmation that an 8 -foot 10.5 - inch driveway off of the corner of the garage would not need a variance. Mr. Benetti confirmed. Mr. John Trojack, 786 Upper Colonial Drive, spoke at the Planning Commission meeting and most of his comments are already in the record there. He shared an image of the subject property and indicated where a current driveway is already located and a flat area of the rear yard where he believed the new garage could be placed. It seemed to him that there were other options for this garage. To him, the installation of a driveway per Mr. Carlson's request would equate to an alley being installed behind his property. Mr. Carlson states that he would most likely only use the driveway once or twice a year, which does not seem reasonable to him. Mr. Carlson would not be living on the property forever and this would be a permanent change, a permanent alley. Mr. Trojack addressed Planning Commissioner Mazzitello's comments from the Planning Commission meeting regarding the retaining wall. Commissioner Mazzitello stated that because a retaining wall could not be driven on, the wall would have to be placed on the outside of the 11.5 feet driveway. July 16, 2019 Mendota Heights City Council Page 7 of 10 Commissioner Mazzitello stated that they would not be leaving a setback of 2.5 feet; they would be exhausting the entire setback area. Mr. Allen Weslander, 798 Upper Colonial Drive, stated that his property runs along Mr. Carlson's property. By building this retaining wall, installing permeable blocks, and putting in a driveway, the erosion issues would be eliminated. He explained that Mr. Carlson has made a lot of improvements on this property and this proposed roadway and garage would be top notch. Councilor Paper asked Mr. Carlson to confirm that the fence sits on his property. Mr. Carlson confirmed. Councilor Paper asked if the fence was going to stay or if he would be putting the retaining wall up to the edge of the property line to gain as much space as possible. Councilor Duggan noted that if the retaining wall eliminates the entire setback, he would not be in support. He would prefer that the applicant come back with engineering drawings. He explained that Mr. Carlson has the right to build a garage. However, having the need to store stuff is not a sufficient reason to approve a variance for the installation of the driveway to get to the garage, when there are other options available to solve the problem. Councilor Petschel expressed her concerns about the strength of the retaining wall to drive upon. She was not against the retaining wall itself. However, they could put in the retaining wall without the installation of the driveway — they are not necessarily tied together. Councilor Paper asked what kind of blocking he was proposing to use. Mr. Carlson stated that he chose the largest block from Menards, 65 lbs. each. Councilor Paper concluded that he was concerned about the additional load being put on the retaining wall at the pinch point. Mr. Carlson stated that he would work with the installer on that since he is the expert. Councilor Duggan stated that he believed the Council should consider tabling this request and have Mr. Carlson return with designs and additional information. This would allow the Council to address what is going to be done. Councilor Petschel expressed her desire to make a clear decision now and if the Council is wavering on any issues then they should deny the request and they could waive the year waiting period before Mr. Carlson could return. Councilor Paper stated that if Mr. Carlson were to come up with an alternative plan that did not need a variance, then he would not need to come back at all. Councilor Duggan moved to adopt RESOLUTION 2019-46 DENYING A VARIANCE FOR REDUCED DRIVEWAY SETBACK AT 1562 WACHTLER AVENUE (PLANNING CASE NO. 2019-14). Councilor Petschel seconded the motion, and proposed a friendly amendment to add to the motion, waiving the waiting period to return to Council. Councilor Duggan agreed to the friendly amendment. Ayes: 5 Nays: 0 July 16, 2019 Mendota Heights City Council Page 8 of 10 C) RESOLUTION 2019-52 APPOINTMENT TO THE PARKS AND RECREATION COMMISSION City Administrator Mark McNeill explained that with the resignation of Mr. Ira Kipp from the Parks and Recreation Commission, the Council directed staff to contact each of the seven candidates who applied to the Commission in January 2019. Five of the previous seven candidates were still interested in the position. The Council was asked to determine which of these five individuals should be appointed to the vacant position. The position's term would expire on January 31, 2021. Mayor Garlock nominated Mr. Patrick Cotter to the Park and Recreation Commission. Councilor Petschel seconded the nomination. Ayes: 5 Nays: 0 Councilor Petschel moved to adopt RESOLUTION 2019-52 APPOINTING MR. PATRICK COTTER TO FILL A VACANCY ON THE PARKS AND RECREATION COMMISSION. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 D) APPROVE CONTRACT FOR MUNICIPAL LAW SERVICES WITH BEST AND FLANAGAN City Administrator Mark McNeill explained that City Attorney Andrew Platt resigned from the law firm of Eckberg-Lammers in May 2019 to take a new position with Best and Flanagan. The city then sent out Requests for Proposals for legal services. Mr. Platt agreed to serve as City Attorney during the interim. Nine firms responded to the RFP and the City Council interviewed four of them. The consensus of the City Council was to approve Best and Flanagan, with Mr. Pratt serving as the primary attorney. Councilor Petschel asked for confirmation that an indemnity paragraph was included in the contract. Mr. McNeill confirmed. Councilor Paper asked if there had been any discussion with Best and Flanagan about the per -meeting rate to be $200 rather than $300. Mr. McNeill replied that Best and Flanagan does not charge for travel time as some firms do. Staff felt that if they did not charge for travel time, then the $300 per -meeting rate would be acceptable. Councilor Petschel moved to authorize the execution of a Contract for Legal Services with the law firm of Best and Flanagan. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 July 16, 2019 Mendota Heights City Council Page 9 of 10 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the fmal two concerts for the Summer Concert Series in Mendakota Park will be held on July 24 — Kids Dance and August 8 — Goombas. The Cliff Timm Memorial Fishing Derby will be held on August 1, 2019. Night to Unite is taking applications for block parties. He reminded residents to register on the city's website. The next City Council meeting will be held on Wednesday, August 7th, due to Night to Unite being held on Tuesday, August 6th. He reminded residents to check the MnDOT website for work being done on I-494 and possible closings of lanes and ramps. Observance of the 5th anniversary of the passing of Officer Scott Patrick will be held on July 30' at the West St. Paul site where the incident occurred at 12:20 p.m. COUNCIL COMMENTS Mayor Garlock expressed his appreciation to the City of Mendota for allowing Councilor Paper and himself to walk in their parade last weekend. Councilor Paper stated that this was a good meeting. He expressed his appreciation and looks forward to the high school swimming pool moving forward. Councilor Duggan congratulated the school on the new aquatic center to be built. He requested Chief McCarthy address the upcoming changes in the law regarding hands-free driving and use of cell phones. Chief McCarthy noted that on August 1, 2019, it will be against the law to have a cell phone in hand while driving. This would be a moving violation. The only exception would be for emergency phone calls. If the cell phone is on a stand on the dashboard, it must be one -touch activation. A person cannot be typing or moving between apps on a cell phone. It must be voice controlled or one -touch only. Councilor Duggan announced that his son has been named one of the Best Lawyers in America. ADJOURN Mayor Garlock moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 9:01 p.m. ATTES Lorri Smith City Clerk L -i Neil Garlock Mayor July 16, 2019 Mendota Heights City Council Page 10 of 10