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2019-08- 07 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 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. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda as revised with the addition of 9d and 9e. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein. a. Approval of July 16, 2019 City Council Minutes b. Acknowledge the June 25, 2019 Planning Commission Meeting Minutes c. Acknowledge the July 11, 2019 Planning Commission Special Meeting Minutes d. Acknowledge the March 20, 2019 Airport Relations Commission Meeting Minutes e. Acknowledge the May 14, 2019 Airport Relations Commission Meeting Minutes f. Approval of Temporary Liquor License for St. Thomas Academy, Sept 25-27, 2019 g. Approve Resolution 2019-55 Acceptance of MOMS Club Donation h. Approve Police Officer Hire i. Approve Purchase Order for Hagstrom King Park Basketball Expansion j. Approve Purchase Order for Marie Park Pickle Ball Striping k. Resolution 2019-56 Accept Plans -Authorize Ad for Bids on the Town Center/Village of Mendota Heights Boulder Retaining Wall Improvements 1. Acknowledge Fire Synopsis from June 2019 M. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PRESENTATIONS A) PROCLAMATION RECOGNIZING THE SAINT THOMAS ACADEMY CLASS AAA BASEBALL STATE TOURNAMENT CHAMPIONSHIP City Administrator Mark McNeill announced that the Saint Thomas Academy baseball team won the Class AAA State Tournament on June 20, 2019. Mayor Garlock read a proclamation naming Wednesday, August 7, 2019 to be "Saint Thomas Academy State Baseball Championship Day" in Mendota Heights. Councilor Duggan moved to approve the proclamation naming August 7, 2019 as "Saint Thomas Academy State Baseball Championship Day" in Mendota Heights, Minnesota. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) PRESENTATION OF RECOGNITION PLAQUE TO IRA KIPP FOR SERVICE ON THE PARKS AND RECREATION COMMISSION City Administrator Mark McNeill stated that Ira Kipp has been on the Parks and Recreation Commission since February 2012 and has been one of the strong advocates for the city's park system. He now tendered his resignation in June 2019. Mayor Garlock read and presented Ira Kipp a plaque in recognition of his service. Councilor Miller expressed his personal appreciation to Ira Kipp for his invaluable insights and assistance when they both served together on the Parks and Recreation Commission. PUBLIC HEARING No items scheduled. August 7, 2019 Mendota Heights City Council Page 2 of 6 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-53 APPROVING A CRITICAL AREA PERMIT FOR 1175 ORCHARD PLACE (PLANNING CASE NO. 2019-21) Community Development Director Tim Benetti explained this request for a Critical Area Permit for Andy and Natalie Hunter for the construction of a garage/living space addition to their home and the replacement of two decks. Mr. Benetti shared the details of the project and explained the necessity of a critical area permit. The applicant is seeking permission to construct a new addition to the home which will include a two car garage with additional living space above, along with a new deck and a screened -in porch. It was noted that the proposed work will cause minimal disturbance to the area and is reasonable. Councilor Duggan moved to adopt RESOLUTION 2019-53 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1175 ORCHARD PLACE. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2019-54 APPROVING A CONDITIONAL USE PERMIT WITH VARIANCE FOR OVERSIZED GARAGE STRUCTURE LOCATED AT 2319 SWAN DRIVE (PLANNING CASE NO. 2019-22) Community Development Director Tim Benetti explained that the Council was asked to consider adopting a Conditional Use Permit and a Variance to allow an oversized garage in a residential district for Tim and Jessica Carlson, 2319 Swan Drive. He provided background and details of the request. The applicant is seeking permission to construct an addition to the dwelling and provide 1,496 square feet of expanded garage and storage space. The applicant has demonstrated a reasonable need for the oversized garage. The project will not create any negative impacts to the sensitive area of Rogers Lake. Councilor Petschel asked for confirmation that this house and the immediate adjacent neighbor have no basements due to the high water table. Mr. Benetti confirmed. She stated that it appeared to her that the difficulty, which was not created by the homeowner, is the high water table, which does not permit them to have a basement. Because of this, she would be willing to grant them the variance. Councilor Duggan stated that staff and the applicant have established that there is a very good reason for granting this variance in relation to the conditions that exist. He would be in support of the variance. He suggested that Condition D, Item i.) be revised by eliminating the words `suitable and'. City Attorney Andrew Pratt agreed that the removal would not take away from the stated condition. Councilor Miller stated that he agreed with Councilor Petschel and would support the Variance request. Councilor Duggan moved to adopt RESOLUTION 2019-54 APPROVING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AND VARIANCE TO EXCEED THE MAXIMUM SIZE ALLOWANCE OF 1500 -SF. FOR AN ATTACHED GARAGE IN A RESIDENTIAL DRISTRICT PROPERTY LOCATED AT 2319 SWAN DRIVE (PLANNING CASE NO. 2019-22) with the suggested amendment to Condition D, item i.). August 7, 2019 Mendota Heights City Council Page 3 of 6 Councilor Miller seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2019-57 ACCEPT BIDS AND AWARD CONTRACT FOR THE WESLEY NEIGHBORHOOD IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve a resolution accepting bids and awarding a contract for the Wesley Neighborhood Improvement Project. He noted that this project also includes construction of a trail along Dodd Road from Maple to Mager Court. Mr. Ruzek shared that two bids were received, with the lowest bid being submitted by Bituminous Roadways, Inc. in the amount of $1,399,999.41. The engineer's estimate on this project was $1,158,239.50; making the low bid 20% over the engineer's estimate. Based on bids being received for other projects in this area, this is a favorable bid. Metro -wide, bids are coming in approximately 30% higher than the estimates. Staff recommended that the Council award the contract to Bituminous Roadways. One possible way to reduce the cost of the construction would be to eliminate the rain gardens by a change order after the contract is awarded. The rain gardens could then be added to another rain garden project proposed for next spring. Councilor Miller asked if residents affected by the elimination of the rain gardens had been notified. Mr. Ruzek replied that once the project has been awarded, then staff would schedule a pre -construction meeting with the contractor and get their estimated schedule. Then a letter would be sent to the residents. As of right now, the rain gardens would have been dug this fall and planted next June. The elimination of them from this project would not have a major impact on the homeowners' yards. In regard to the trail, Councilor Miller asked if the two homeowners between Wesley Lane and Mager Court were made aware of the trail construction. Mr. Ruzek replied that he met with all of the residents along Dodd Road and discussed with them the trail location. Staff is proposing to remove the curb line within that block and reduce the shoulder width on Dodd Road. Then there would not be a need for any tree removal. One resident has some drainage issues so staff is looking at stormwater improvements to alleviate the problem. Councilor Duggan asked if staff is anticipating any challenges with Xcel and additional delays. Mr. Ruzek replied that there may be conflicts, as it relates to the trail construction, with the new development going in along Maple Street. The new trail construction will get the ditches filled and a gravel base down. However, the trail may not be immediately paved if there are delays with Xcel or if there are conflicts with the new development on Maple Street. Councilor Petschel asked for clarification that the trail project would be coordinated with the developers so that the trail work would not have to be completed twice. Mr. Ruzek replied that he has provided the plan sets to the developer of the Maple Street lots and they will be reviewing them. August 7, 2019 Mendota Heights City Council Page 4 of 6 Councilor Paper asked how many rain gardens are being planned. Mr. Ruzek replied that they are planning for at least 12 rain gardens. He then asked if homeowners could request a rain garden. Mr. Ruzek replied in the affirmative. Councilor Petschel recommended that staff photograph the installation of the rain gardens, from beginning to end. That would be a wonderful story for the Pioneer Press and the Heights Highlights. City Attorney Andrew Pratt asked if the intent was to now exclude the rain garden costs from this resolution. Mr. Ruzek replied that the specifications include provisions that the city could increase and reduce quantities or delete a line item as the city sees fit. He believed the project needed to be awarded as is, and then the City could approve a change order deleting the rain gardens from the project. Councilor Duggan moved to adopt RESOLUTION 2019-57 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE WESLEY NEIGHGBORHOOD IMPROVEMENTS. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 D) SCHEDULE WORKSHOP MEETING City Administrator Mark McNeill explained that the Council needed to establish a workshop meeting date to discuss the 2020 budget. After a short discussion, the consensus was to schedule the Council Workshop Meeting on August 20, 2019 from 5:00 — 7:00 p.m. E) ESTABLISH HEARING OFFICER FOR A DANGEROUS DOG APPEAL City Administrator Mark McNeill explained that the Police Department declared a dog as being dangerous on July 31, 2019. The owner of the dog has requested a hearing, in accordance with state law and the City Code. The City must hold the hearing within 14 days of when the notice was served on the dog and the owner, which was August 5, 2019. Per State Law, the hearing officer must be an impartial employee of the city or an impartial third -party retained by the City. Because of the lack of time, Mr. McNeill suggested the Council designate the City Administrator or his designee as the hearing officer. Councilor Miller moved to designate City Administrator Mark McNeill or his designee as the Hearing Officer to conduct the dangerous dog hearing. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 August 7, 2019 Mendota Heights City Council Page 5 of 6 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the last summer concert is scheduled for August 81h The Goombas Rock and Roll Band will play at 7:00 pm. COUNCIL COMMENTS Councilor Petschel stated she was thrilled to attend the Night to Unite events. She thanked the residents for making the city such a fun and beautiful place. Mayor Garlock expressed appreciation to everyone who attended Officer Scott Patrick's Memorial on the 5th anniversary of his death. Councilor Miller stated that the Fire and Police departments All Scramble at the Par 3 will be held on August 18th. High school fall sports will start on August 12th. He reminded residents to drive safely. Councilor Paper expressed appreciation to all of the neighborhoods that hosted parties for Night to Unite. Councilor Duggan expressed his delight in the many Night to Unite events that were held. He stated that Miss Minnesota is from Mendota Heights — Kathryn Kueppers. Resident Steven Capiz has some interesting art work which will be featured at the State Fair. Other fairs taking place include the Dakota County Fair, Polish Fair, and Irish Fair — he encouraged residents to attend. ADJOURN Councilor Duggan moved to adjourn. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 7:47 p.m. Neil Garlock Mayor ATTES Lorri Smith City Clerk August 7, 2019 Mendota Heights City Council Page 6 of 6