Loading...
2019-12-17 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 17, 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. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 POLICE OFFICER SWEARING IN Chief of Police Kelly McCarthy introduced Officer Alex Randall, who was hired by the City Council in August of 2019 and has now passed his field training. Mayor Garlock presided over his swearing in as a Mendota Heights Police Officer. UPDATE ON FIRE STATION EXPANSION/REMODEL BY PAUL OBERHAUS, CPMI Mr. Paul Oberhaus provided an update on the fire station expansion and remodel by explaining that he would consider this past month a success. They continued the masonry installation, began installing the windows, and poured the floor slab on the Administrative side of the addition. They are currently doing the rough -ins for the sprinklers, mechanical piping, and electrical, installing door frames, and starting to erect the interior walls. A major milestone occurred when Xcel put in the gas service. Next month, they are hoping to get the roof -top mechanical units set and install the duct work. Xcel Energy will be transferring the power from the old electrical gear to the new electrical gear. The exterior masonry should be finished up. In regard to the financials on the project, Mr. Oberhaus stated that for the period ending in November, the City has paid out approximately $3.7 million; with approximately $4.2M remaining. Change orders issued to date total $25,000. Those include installing card readers on the office doors and providing a new galvanized lintel to support the brick for the upper level of the mezzanine. Pending change orders include a claim for winter conditions by the masonry and changes in the mechanical system due to some issues with the design (not significant). They started the project with approximately $283,000 in the contingency fund and they are currently at $262,000; including the $90,000 in pending changes and the $25,000 in change orders. He had some concerns on unknown expenses when they commence the remodeling work on the current building. Councilor Duggan asked, when they transition to the new electrical system, if there was any contingency built in if it is not successful. Mr. Oberhaus replied that their contingency is to run the emergency generator. If anything goes wrong, and it is a very small chance, they would put feeders back onto the old system. Mr. Oberhaus stated that he would make sure Dakota Communication Center (DCC) would be notified of this transition. 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 items d.) November 12, 2019 Parks and Recreation Commission Minutes; h.) Amendment to the Fire Department Solar Project Capital Lease with Ideal Energies, LLC and Green Solar Leasing, LLC; j.) Resolution 2019-100 Accepting Project for the Lemay Shores Subdivision; and n.) November 2019 Treasurer's Report. a. Approve December 3, 2019 City Council Minutes b. Approve December 3, 2019 City Council Closed Session Minutes c. Approve November 6, 2019 Parks and Recreation Commission Work Session Minutes d. Approve November 12, 2019 Parks and Recreation Commission Minutes e. Approve Ordinance No. 549 Amend Code Title 5, Chapter 5, Concerning Domestic Animals --Amendments proposed by Councilor Duggan were noted in blue f. Approve Resolution 2019-99 Adopt 2020 Pay Classification Plan for Non -Union Employees g. Approve the Office Support Assistant Job Description and Authorize Position Recruitment h. Approve an Amendment to the Fire Department Solar Project Capital Lease with Ideal Energies, LLC and Green Solar Leasing, LLC i. Accept the Wetland Delineation Report and Findings of `No Wetland' for 777 Wentworth Ave j. Approve Resolution 2019-100 Accepting Project for the Lemay Shores Subdivision k. Approve the Replacement of the Par 3 Greens Mower 1. Acknowledge the November 2019 Building Activity Report in. Acknowledge October 2019 Par 3 Financial Report December 17, 2019 Mendota Heights City Council Page 2 of 9 n. Approve November 2019 Treasurer's Report o. Approve Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS D) APPROVE NOVEMBER 12, 2019 PARKS AND RECREATION COMMISSION MINUTES Councilor Duggan encouraged the Parks and Recreation Commission to give more focus on the addition of Pickleball Courts as he believes them to be a wonderful addition to the community. Councilor Duggan moved to approve the November 12, 2019 Parks and Recreation Commission Minutes. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 H) APPROVE AN AMENDMENT TO THE FIRE DEPARTMENT SOLAR PROJECT CAPITAL LEASE WITH IDEAL ENERGIES, LLC AND GREEN SOLAR LEASING, LLC Councilor Duggan noted that former Councilmember Jim Losleben has been in the business of solar power. Councilor Duggan asked him to review this amendment. He referenced paragraph two of the report that reads, "The parties involved are the City, which is the owner, Ideal Energies, LLC (the seller) and Green Solar Leasing, LLC, as the tenant." Then on the bottom of the page it reads, "The partner company of Ideal Energies—Green Solar Leasing—owns and operates the panels, and the City leases the solar panels from that partner company." Mr. Duggan was assured that the city does have the proper insurance and a maintenance contract in relation to this. Councilor Duggan moved to approve the amendment to the Solar Project Capital Lease, dated February 19, 2019. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 J) RESOLUTION 2019-100 ADOPTING IMPROVEMENTS FOR LEMAY SHORES Councilor Duggan suggested a map would have helped him understand this item. He questioned, in relation to Section 3.3 Irrevocable Letter of Credit, why it was incomplete with blanks not filled in. Public Works Director Ryan Ruzek replied that this is a sample of what was required for their Letter of Credit. The official Letter of Credit is received after this document is executed. This is included for reference to the $25,000 reimbursement for the trail construction between Augusta Shores and Lemay Shores. December 17, 2019 Mendota Heights City Council Page 3 of 9 Councilor Duggan asked if that trail has been successful. Mr. Ruzek replied that the trail is paved, city crews have been plowing it, and it seems to be a good addition to the city. Councilor Duggan moved to adopt RESOLUTION 2019-100 ACCEPTING WORK AND APPROVING TRAIL REIMBURSEMENT FOR THE LEMAY SHORES SUBDIVISION. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 N) APPROVE NOVEMBER 2019 TREASURER'S REPORT Councilor Duggan recognized Finance Director Kristen Schabacker for providing reports to the Council on the city's financials. He thanked her for her careful attention to detail. Councilor Miller concurred. Councilor Petschel moved to approve the November 2019 Treasurer's Report. She stated her appreciation for Ms. Schabacker's hard work and for keeping the Council in the loop on what things cost and when things are going to come due, so the Council is aware and comfortable with them. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Thomas Smith, 625 Hampshire Drive, complimented the Council for their decision at the previous meeting to deny the ordinance proposing to increase the Floor Area Ratio (FAR) for Storage Facilities located in the Industrial Park. On the other hand, the proposal to build a storage facility in the Industrial Park is still being discussed. He pointed out that storage facilities largely have a negative impact on cities. He encouraged the Council to deny any movement to develop a storage facility in the Industrial Park. In regard to the winter 2019 Heights Highlights newsletter, "Neil's News" mentions The Heights Apartments. He failed to see any reason this comment supports community interest. This paragraph represents an advertisement for this development. He asked the City Administrator to provide some guidance to him as to whether advertisements are acceptable for publication in the Heights Highlights. He stated that two months ago he submitted a letter to Attorney Andrew Pratt asking for a legal judgement regarding the legal provisions of the Draft 2040 Comprehensive Plan. He has yet to receive a reply. PUBLIC HEARINGS No hearings were scheduled. December 17, 2019 Mendota Heights City Council Page 4 of 9 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2019-98 APPROVING THE SUBMITTAL OF THE DRAFT 2040 COMPREHENSIVE PLAN UPDATE TO THE METROPOLITAN COUNCIL Community Development Director Tim Benetti explained that this is the beginning stages of directing staff to submit the draft 2040 Comprehensive Plan to the Metropolitan Council. He reminded the Council that in April 2019, the Planning Commission gave a favorable recommendation to the Council and in June 2019, the Council provided the first step in approving the plan by accepting the first draft of the plan. After that, staff solicited 20+ affected jurisdictions with a 6 -month comment period, as required by state law. Seven jurisdictions responded with comments. Staff is now ready to move the plan on to the Metropolitan Council (Met Council). They will have an initial review and address any deficiencies they may find. If they accept the plan for formal review, they typically have up to 120 days to do that. He anticipates a lengthy response list or letter from the Met Council. Once the city receives the review letter back from the Met Council, the adjustments will be made to the 2040 Comprehensive Plan and returned to the Met Council. Once they determine the plan to be acceptable, it will be returned to the city for final approval and adoption. Councilor Miller asked, given the city's status as being nearly entirely built -out, what did he expect to hear back from the Met Council. Mr. Benetti replied the sector rep has said that Mendota Heights does not present the same concerns that the Met Council would see in Rosemount or Eagan, or other communities that have room to grow. He believed that Mendota Height's plan will likely see a few requests for changes or revisions but nothing substantial. Councilor Miller asked if he expects the Met Council to take the full 120 days to review the plan before they reply. Mr. Benetti replied in the affirmative. Councilor Petschel stated that she read the comments received back and they were not unexpected or anything major. She was encouraged by that. Councilor Duggan asked if the Comprehensive Plan is available online. Mr. Benetti replied in the affirmative. Councilor Duggan asked if the issue of the property at 340 D Street is labeled as INDUSTRIAL PREFERRED. Mr. Benetti replied that the draft plan shows it as INDUSTRIAL. That was approved in the draft plan in June 2019. Councilor Duggan asked what hurdles someone would have to go through if they saw this property as a good place for an industrial use. He said that he did not expect an answer at this time. Referencing the response from the Minnesota Department of Transportation (MnDOT), he noted that they asked about pedestrian maps. He asked if that was being worked on. Mr. Benetti replied that this has been resolved. Public Works Director Ryan Ruzek replied that the City applied for and received a Statewide Health Improvement Partnership (SHIP) Grant Study from Dakota County as part of the Dodd Road Corridor Trail Study. It appears MnDOT is asking for this to be available online and possibly included in the Appendix of the Comprehensive Plan. December 17, 2019 Mendota Heights City Council Page 5 of 9 Councilor Duggan, referencing the response from Dakota County regarding Jurisdictional Transfers, asked if Old Sibley Memorial Highway was a part of this. City Administrator Mark McNeill replied that as recently as the preceding day, there was a meeting between MnDOT and the Department of Natural Resources (DNR) to talk about the transfer of Old Sibley Memorial Highway. That is not included in this plan, but it will be coming to the Council once staff receives a response from MnDOT in terms of what they propose to do to turn it back to the City. Councilor Duggan stated that, personally, he would not be supportive of this section of highway closing. At the same time, if accepting it as a turn back is prohibitively expensive to the city — weighing the cost of taking a turn back versus the cost of it potentially being closed — he asked if the city could push for an alternate. Mr. McNeill replied that as staff receives more information, it will keep the Council informed. Councilor Petschel asked if the county was strategically involved in this due to their long-term plan for the bluff. She shared Councilor Duggan's concerns; however, she would also like to know where the County is at on this, in terms of their planning. Councilor Duggan asked for a historical maintenance record of that section of roadway. Councilor Petschel moved to adopt RESOLUTION 2019-98 APPROVING SUBMITTAL OF THE DRAFT 2040 MENDOTA HEIGHTS COMPREHENSIVE PLAN UPDATE TO THE METROPOLITAN COUNCIL. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 B) PARKS AND RECREATION FIELD AND FACILITY USE POLICY Recreation Program Coordinator Meredith Lawrence explained that the City Council was being asked to considered suggested amendments to the City's Field and Facility Use Policy. She provided a history on the Field and Facility Use Policy. After reviewing and amending the policy last year, the Council had asked staff to bring back their review of the policy after one year. It was staff's understanding that they will be reviewing this policy periodically. Assistant City Administrator Cheryl Jacobson highlighted the proposed changes to the policy. • Issue permits three times per year rather than twice • Provide notification that the City does not guarantee a priority group or user will receive fields or times that are requested • Require submittal of a Coaches Training and Background Screening Compliance Certification • Require proof of insurance on an annual basis • Address the non-use of permitted fields by a user • Allow permits that are cancelled due to inclement weather to be rescheduled or credited if the City is notified within two business days of the cancellation • Waive field use and preparation fees and concession use fees for priority group three in-house tournament events (this would not apply to invitational tournaments) December 17, 2019 Mendota Heights City Council Page 6 of 9 Councilor Miller stated that he felt that these proposed changes were excellent. He believed the City was in a better position with the user groups. He asked if the City is doing anything in the way of communicating the date changes to the youth associations. Ms. Lawrence replied that she has been in contact with the user groups. Councilor Paper stated that he believed that the in-house tournament should not have a fee for the use of the concession stand. He asked if there was a way to create a one-time fee for the concession stand for the summer. Ms. Jacobson asked if he was referring specifically to just the baseball season? Councilor Paper confirmed and stated that charging them every time they use the stand seemed to be a lot. Ms. Lawrence stated that her concern is that there are groups that reserve the facility for only one or two days; staff would need to come up with a fee structure to bill groups for one day of use, or bill groups for the entire season. That could be included in the fee schedule. Councilor Duggan moved to approve the Revised Field and Facility Use Policy. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 C) MARIE AVENUE AND WESLEY LANE NEIGHBORHOOD IMPROVEMENTS — PROFESSIONAL SERVICES CHANGE ORDER Public Works Director Ryan Ruzek explained that this request was approval of a Change Order for the Marie Avenue and Wesley Lane Neighborhood Improvement Professional Services contract with TKDA Engineering for the design, surveying, and inspection work for the project. They have looked at some cost -splitting during the feasibility project. TKDA came up with a number of Dodd Road Trail concepts in an effort to construct a trail along Dodd Road. The plans needed to be redesigned and storm sewer revisions made; MnDOT required the city to resubmit the plans showing what was actually being proposed. TKDA also looked at pedestrian tunnel alternatives with Dakota County. There was also some rain garden design, project rebidding, and resubmitting of the plans to MnDOT. TKDA has submitted an updated change order for their services. There is currently $21,400 on the open contract that the city has with TKDA. They are estimating an approximate $192,000 to complete the additional work on Marie Avenue. The city is estimating approximately 20% indirect costs; so, the project would have the funding for their contract. Councilor Duggan questioned the Budget Impact section of the staff report, where it reads "the new contract amount would be $445,000, which is equivalent to 11 percent of the opinion of construction costs". Mr. Ruzek explained that instead of calling it a cost estimate, they call it an opinion of construction costs. That opinion of construction costs would be just over $4 million. Councilor Duggan asked if the indirect costs used to be 10% rather than 20%. Mr. Ruzek replied in the negative and noted that it has been 20-25% and even up to 30%. Councilor Duggan asked if there would be any cost impacts to the residents. Mr. Ruzek replied that the assessments were capped at the $5,500 level. December 17, 2019 Mendota Heights City Council Page 7 of 9 Councilor Petschel noted that the language in the budget impact was that it was going to be a conservative estimate from TDKA that the residual bill was going to be $170,600. She asked if there was a chance that the city may have to come up with more money going forward. Mr. Ruzek replied that the number of hours for the inspector to be on the site monitoring the contractor's work is estimated at 50 hours per week — a longer period than normal. They are adding additional hours as a cushion. Councilor Duggan, noting the eight different items included in the change order, noted that number 7 "Tunnel alignment alternatives explored" was of the most concern to him. He asked how essential and critical was that tunnel alignment? Mr. Ruzek replied that it was very essential; they were looking at different alignments. He hoped that some of these costs could be transferred to Dakota County — per the Joint Powers Agreement. As they get further into the process, they may be amending that contract with Dakota County. Currently, the existing tunnel is perpendicular to the roadway. They are now looking at a 45 -degree skew, which would help with some of the curves along the trail. They are also looking at bump -outs so they can have a shorter tunnel section for both safety and more natural lighting. It also allows the trail to not impact a large area of pine trees just north of Marie Avenue. Councilor Miller asked for a brief explanation of the bump -outs. Mr. Ruzek replied that they are proposing narrowing the roadway. They feel that Marie Avenue was overbuilt and probably could be narrowed. However, the cost to narrow the roadway would exceed the cost to rehabilitate it with the existing curb section. They are in the area of the watermain replacement, between Dodd and Sutton. It would be proposed to remove the parking lane and add bump -outs at Trail Road, which would then restrict the roadway width. There are often issues with excessive speeding, which is natural going down that hill underneath I -35E. There have also been a number of requests for pedestrian improvements at Lilac and Walsh. There is a possibility of modifying the roadway there with some bump -outs. That could also be done at Overlook, Summit, and possibly Eagle Ridge. Councilor Petschel moved to authorize a Professional Services contract Change Order to TKDA for the Marie Avenue and Wesley Lane Neighborhood Improvement project. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that youth field trips and flag football programs are available for kids during winter break. The Earth Orbit Expo will take place on December 30, 2019. Ice skating lesson registration is available online. The warming houses will be opening soon. Next week, City offices will be closed on December 24th and 25th. City offices will also be closed on January 1, 2020. December 17, 2019 Mendota Heights City Council page 8 of 9 COUNCIL COMMENTS Councilor Duggan expressed appreciation for the positive feedback on the road maintenance, specifically on the snow removal. He reminded residents to support our local businesses. He wished everyone Happy Holidays. Councilor Paper stated that ESPN will be in Mendota Heights on December 21"to film an outdoor hockey game in a backyard in conjunction with Monday Night Football. He wished everyone Happy Holidays. Councilor Miller wished everyone Happy Holidays. Councilor Petschel stated she has received positive feedback regarding the improvements made around the City Monument sign at Dodd and Mendota Heights Road. She suggested that the sign be sandblasted in the near future. She thanked Great River Greening for the work completed on the Copperfield Pond. The buckthorn removal was extensive. She wished everyone a safe and peaceful holiday. ADJOURN Councilor Paper moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:15 p.m. Neil Garlock Mayor ATTEST: _ r Lorri Smith City Clerk December 17, 2019 Mendota Heights City Council Page 9 of 9