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2013-10-15 Council Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA October 15, 2013 – 7:00 pm Mendota Heights City Hall 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Adopt Agenda 5. Consent Agenda a. Acknowledgement of October 1, 2013 City Council Minutes b. Acknowledgement of October 8, 2013 Parks and Recreation Commission Minutes c. Acknowledgement of October 9, 2013 Airport Relations Commission Minutes d. Receipt of Rental Licensing Program Status Report e. Approval of Resolution 2013-76, Amendment to City’s Nationwide 457 Deferred Compensation Plan f. Approval of Consultant Planning Services Request for Proposals g. Approval of 2014 Insurance Renewal h. Approval of Storm Sewer System Maintenance Agreement with Dakota County i. Approval of Change Order for Repairs to Interstate Valley Creek Trail j. Receipt of September Par 3 Report k. Approval of Claims List l. Approval of Contractor List m. Approval of Resolution 2013-80, MnDOT Maintenance Agreement for Interstate Valley Creek Trail 6. Public Comments 7. Presentations a. Mark Ruff, Ehlers and Associates, City Bond Rating Upgrade b. North Urban Regional Trail (NURT) Update 8. Public Hearings a. Assessment Hearing for Crown Point/Overlook Neighborhood Street Improvement Projects, Approval of Resolution 2013-78 9. New and Unfinished Business a. Review of October 1, 2013 Traffic Safety Committee Recommendations, Approval of Resolution 2013-77 b. Award of Bid for Mendota Heights Road Force Main Replacement, Approval of Resolution 2013-79 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 1, 2013 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 Acting Mayor Petschel called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Norton. Mayor Krebsbach was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Acting Mayor Petschel presented the agenda for adoption. Councilmember Norton moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Acting Mayor Petschel presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items C) Approval of Resolution 2013-72 Supporting 2014 -2018 Dakota County Capital Improvement Plan, E) Approval of Resolution 2013-74, In Connection With Outstanding City Of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project), and F) Approval of Resolution 2013-73, Critical Area Permit at 645 Sibley Memorial Highway. a. Acknowledgement of September 17, 2013 City Council Minutes b. Acknowledgement of September 24, 2013 Planning Commission Minutes c. Approval of Resolution 2013-72 Supporting 2014-2018 Dakota County Capital Improvement Plan d. Approval of Time Change for November 5, 2013 City Council Meeting e. Approval of Resolution 2013-74, In Connection With Outstanding City Of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project) page 2 f. Approval of Resolution 2013-73, Critical Area Permit at 645 Sibley Memorial Highway g. Receipt of August 2013 Treasurer's Report h. Approval of Claims List i. Approval of Contractor List Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEMS C) APPROVAL OF RESOLUTION 2013 -72 SUPPORTING 2014 -2018 DAKOTA COUNTY CAPITAL IMPROVEMENT PLAN Councilmember Duggan asked for clarification on the sources of funds for the Dakota County Capital Improvement Plan and how the funds are spent. He also noted that Mendota Heights is the lowest recipient for the next five years. City Engineer John Mazzitello replied that this capital improvement plan is funded largely through tax dollars generated by the County; although they do receive grants and other funds from state and federal departments for their projects. The City of Mendota Heights has four projects included in this Capital Improvement Plan. In the past, if there have been projects the City of Mendota Heights wanted to see included, requests to the County were usually honored. Council Duggan suggested that the Highway 110 median be added to make it more attractive. Acting Mayor Petschel suggested that this be added to the Council’s work plan for discussion. City Administrator Justin Miller confirmed that this would be a state project since it is a state highway. Councilmember Duggan moved to adopt Resolution 2013-72, Resolution Supporting 2014-2018 Dakota County Capital Improvement Plan. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 E) APPROVAL OF RESOLUTION 2013 -74, IN CONNECTION WITH OUTSTANDING CITY OF MENDOTA HEIGHTS VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REFUNDING REVENUE BONDS, SERIES 2000 (DAKOTA BUSINESS PLAZA PROJECT) For the benefit of the public, Acting Mayor Petschel asked for an explanation of this resolution. Finance Director Kristen Schabacker explained that back in 2000, the Dakota Business Plaza refunded their original bonds that were issued through the city. At this time, they are looking to extend those bonds by ten years. In doing so, the interest on those bonds would become taxable for federal tax purposes. But in order for them to modify those bonds, they need approval from the City since they were issued as conduit debt. The city’s bond attorney reviewed this request and had no issues. page 3 Councilmember Povolny moved to adopt Resolution 2013-74, Resolution In Connection With Outstanding City of Mendota Heights Variable Rate Demand Industrial Development Refunding Revenue Bonds, Series 2000 (Dakota Business Plaza Project). Councilmember Duggan seconded the motion. Ayes: 4 Nays: 0 Absent: 1 F) APPROVAL OF RESOLUTION 2013 -73, CRITICAL AREA PERMIT AT 645 SIBLEY MEMORIAL HIGHWAY Councilmember Duggan noted that the resolution read that ‘use of natural or natural looking materials will be used wherever practical’ and that the critical area ordinance calls for primarily the use of natural materials. The phrase in the resolution seems to allow a builder to use natural looking materials throughout and he was not comfortable with that. Planner Nolan Wall replied that the application materials show that this building would be cedar sided and the retaining wall would be rock. The application materials included renderings of the landscape plans. Councilmember Duggan questioned the statement in the resolution that read ‘the construction will reduce visual impacts from view of the river’. Planner Wall answered that this Findings of Fact was meant to address the existing detached garage, which would be removed. Councilmember Duggan moved to adopt Resolution 2013 -73, Critical Area Permit at 645 Sibley Memorial Highway. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS Ms. Kim Smith, 1783 Lilac Lane, stated that she has lived across the street from the Marie Park hockey rink for over twenty years. She is aware there is talk of converting one or all of the hockey rinks to off- leash play areas, which she would be in favor of. She stated that the hockey rink has been used as an off- leash play area for over twenty years which is in violation of the current leash law. Five years ago, a number of dog owners asked to have a gate put on the hockey rink and were turned down. The rink is still being used as an off-leash dog area. This past summer, Mendota Heights Police have been warning dog owners to not use the rink, the tennis court, etc. This is bothersome because the parks are underutilized. She asked why the residents cannot use the parks. She encouraged the Council to make the right decision and put gates on all of the rinks. Ms. Smith shared reports from ten other communities that have converted rinks to off-leash areas very successfully. page 4 Acting Mayor Petschel asked for clarification on converting the rinks. City Administrator Justin Miller explained that the Parks and Recreation Commission did consider this at a recent meeting and made a recommendation to have the Marie Park hockey rink used as an off-leash dog area for a trial period. That recommendation would be coming to the City Council on November 19, 2013 as a public hearing. Ms. Jean West, 1833 Eagle Ridge Drive #8, stated that she would like to see the trial period take place before a public hearing so the Council would have more information. She stated that there are many dog owners living in Mendota Heights who have little or no yards. For the health of their dogs and for themselves, they need an off-leash park. As an alternative, she suggested the Council consider rewriting the dog ordinance to allow voice command of dogs. Ms. Mary McGrory-Usset, a Parks & Recreation Commissioner, was in attendance as a resident to give support for this off-leash park. Six out of seven days a week she drives out of Mendota Heights to find a dog park to let their dogs run. There are many elderly dog owners in the City who need a place to allow their dogs to run free. She also referred to the letter provided by Ms. Smith which outlined other communities with off-leash dog parks. Mr. Jon Mathisrud, 1860 Hunter Lane, asked what is being done about cell phone service in the city. Acting Mayor Petschel explained that research has been done and there have been only two requests for cell towers that have been turned down, and those were at the request of the citizens in the proposed areas. There have not been any requests by carriers since that time for new towers, just upgrades to existing towers which the Council has honored. Acting Mayor Petschel recognized Mr. Will Larson, who was in attendance to observe the Council as a step towards earning his Citizenship in the Community Merit Badge; he is close to becoming an Eagle Scout. Mr. Scott Van, 1870 Hunter Lane, came forward to support the efforts of the dog park supporters and believes the issue should be rectified quickly. PUBLIC HEARING A) APPROVE RESOLUTION 2013 -71, ASSESSMENT HEARING FOR HUNTER LANE NEIGHBORHOOD STREET IMPROVEMENT PROJECTS Assistant City Engineer Ryan Ruzek explained that the Hunter Lane Neighborhood Street Improvement Project is nearing completion, which included reconstructing Hunter Lane, Orchard Place, and Culligan Lane East; and street rehabilitation of Culligan Lane West, Glenhill Road, Veronica Lane and Orchard Circle. The total assessable cost for the project was $606,308.17. The total project cost is $1,921,641. Payment options were explained. If payment in full is received by November 1, 2013, then no interest will be charged. After November 1, 2013, the amounts will be certified to the County Auditor to be placed on the tax statements. As of this date, interest will start to accrue at six percent. page 5 Councilmember Duggan asked how many complaints had been received in relation to the project. Ruzek replied that there were very few complaints and all of the issues had been resolved or are on a punch list to be taken care of. Councilmember Duggan asked what the biggest challenge to the project was. Ruzek answered there was a lot of bad weather at the start of the project but once the contractor was on-site everything flowed well. Councilmember Duggan moved to open the public hearing. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mr. Jay Phillips, 1127 Orchard Place, stated he did not have service from Comcast for five days due to his line being cut during the project. He also stated that he is not used to paying for something before it is completed. As of today, his street does not have the topcoat and he does not have any sod or a mailbox installed. He asked for clarification on paying interest for 2014 if he pays off his balance after November 1st. Finance Director Schabacker replied that once the assessment is certified to Dakota County, a resident would be responsible for the interest from the date of this hearing through 2014. If the assessment is paid off in January 2014, the resident would be responsible for paying the interest for that entire year. There are no pro-rations of interest once it goes to the County. If there is a balance due on any assessment at the beginning of any given year, the resident is responsible for the interest for that full year, regardless of when it is paid off during that year. Mr. Phillips also shared images of the road in front of his house, which has standing water after a rain. The water cannot reach the storm sewer because the top coat has not been installed. He was told that this is the way it would remain until 2014. He is concerned about the ice that will be there during the winter and during the spring melt and re-freeze. Mr. Jon Mathisrud, 1860 Hunter Lane, believes that the construction company did a nice job and the project looks great. Councilmember Duggan asked for clarification on the timing of the completion of the project and what the city policy is on assessing a project before completion. Ruzek replied that city staff considers a project substantially complete when it has curb and gutter, sod, and the first lip. The final lip installation is when the project is considered to be complete, which will be the summer of 2014. The City’s assessment policy states the project must be ‘substantially complete’ before assessments are adopted. He also explained that when deep utility work is done, such as the water main replacement, there is concern of settlement over the next year. Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 page 6 Councilmember Duggan moved to adopt RESOLUTION 2013-71 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE HUNTER LANE NEIGHBORHOOD IMPROVEMENTS (PROJECT #200902), with one grammar correction to paragraph 1 of the resolution. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 UNFINISHED AND NEW BUSINESS A) APPROVE RESOLUTION 2013 -75, AWARD OF SALE, GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Finance Director Kristen Schabacker explained that a bond sale occurred on this date for the street improvement projects that took place this summer. Nick Anhut, a representative from Ehlers and Associates, presented results of the bids, with Baird from Milwaukee, Wisconsin bidding the lowest rate of just over 2.8%, over the course of nineteen years. The City was also upgraded to a AAA rating by Standard and Poor’s. The closing for the bonds is scheduled for November 5, 2013. Councilmember Duggan moved to adopt Resolution 2013-75 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,685,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVING A TAX FOR THE PAYMENT THEREOF. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 B. CONSIDERATION OF PETITION FOR INSTALLATION OF STREET LIGHT, KENDON LANE City Engineer John Mazzitello stated that staff received a resident petition for the installation of a street light at the end of the cul-de-sac on Kendon Lane. One of the nine residents disagreed with the petition. The City practice has been, when a petition for street lights is received, Excel Energy would install a new overhead street light on an existing power pole at no charge and the city would pay for the electrical costs. In this particular instance, there is no power pole at the end of Kendon Lane. There are power poles along the north side of Kendon Lane. Staff has obtained quotes from Xcel Energy for the installation of a pole and the monthly electric charge for two different types of installation: 1. Pole installation with overhead wires - $597.00; monthly electrical charges - $9.52 2. Pole installation with underground wires - $5,954.00; monthly electrical charges - $6.23 Staff presented this information to the petition organizer, and the petitioners would like to ask the City to pay the installation cost and the monthly electrical charges for the underground wire option. Staff requested the Council review the petition request, listen to the residents, and give direction to staff on how to proceed. page 7 Acting Mayor Petschel asked who paid for the installation of the cobra lights at some of the large intersections. Mazzitello replied that the most recent installation was at the intersection of Delaware and Huber and explained that Xcel Energy installed the cobrahead at no cost to the city or to the residents on an existing pole. The city picked up the monthly electric costs. He further stated that if a cobrahead light fixture were installed on an existing light pole along Kendon Lane, there would be no installation charge. Acting Mayor Petschel stated there is a light pole just at the end of the Hiner’s driveway and she believed that if the City does not have the money in the budget to do an underground installation, that this might be a solution. Mr. David Hiner, 1295 Kendon Lane, stated that between 1294 and 1286 Kendon Lane, a pole could be put in front of the easement between their property lines and there is a pole on the back of the house; which would put the light right at the end of the cul-de-sac. He asked if that possibility had been reviewed. Mazzitello replied that the petition organizer mentioned it as a possibility. Xcel Energy gave a similar quote for that installation because a new pole would still need to be installed along the curb line of the street. Acting Mayor Petschel asked Mr. Hiner if he would find out what the wish of the neighbors would be. Mr. Hiner said he would meet with the petition organizer to poll the residents about installing a light (at no charge) on the existing pole at the end of his driveway. Councilmember Duggan asked for clarification on the location of the existing poles and the requested pole location, crime rates in the area, and legal position of the city in the various scenarios. Councilmember Duggan suggested that staff work with the residents and Mr. Hiner to come up with a lighting system that could be put on the existing pole that would be acceptable to everyone and come back to Council next month. Councilmember Povolny asked if the residents had considered installing their own street lamps at the end of their driveways, next to the street. This would not be installed by Xcel Energy but would not be as interfering as an overhead street light. Councilmember Duggan moved to table a decision on this petition until further explorations of options could be ascertained. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 The direction given to staff was to explore suggestions made by Mr. Hiner, Councilmember Duggan, and Councilmember Povolny and return the topic to Council. page 8 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: • The fall edition of the Heights Highlights will be in mailboxes this week. • Ivy Hills Tennis Court Open House, hosted by the Parks & Recreation Commission, Tuesday, October 8, Council Chambers, 5:45 p.m. Looking for citizen input on what to do with the tennis courts (repair, converted to volleyball courts or pickleball courts, or other options). • Fire Department Open House, Saturday, October 12, 10:00 a.m. – 3:00 p.m. • Parks & Rec Department hosting a Glow-in-the-Dark golf event at Par 3, Saturday, October 19 and Saturday, November 2, check in starts at 6:30 p.m. with golf starting at 7:00 p.m., $15/person. • Halloween Bonfire, Thursday, October 31, 7:00 p.m. – 9:00 p.m., Mendota Plaza. Dry brush collection begins Saturday, October 26 and goes through Wednesday, October 30. COUNCIL COMMENTS Councilmember Duggan made residents aware of the Fire Department Dance on November 15 at the new location, the Mall of America Hilton. Councilmember Povolny shared that he had fun Saturday morning while attending the fire department’s practice burn on a house. Acting Mayor Petschel recognized City Clerk Lorri Smith for the wonderful job on the Heights Highlights. She also expressed her appreciation to Tammy Schutta for the City’s postings on Facebook. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Acting Mayor Petschel adjourned the meeting at 8:18 p.m. ____________________________________ Elizabeth Petschel Acting Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 9 MH Parks and Recreation Commission 10-08-2013 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING October 8, 2013 The October meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 8, 2013 at Mendota Heights City Hall, 1101 Victoria Curve. Chair Levine called to order the parks and recreation commission meeting at 6:30 p.m. The following commissioners were present: Chair Stephanie Levine, Commissioners Mary McGrory-Ussett, Ira Kipp, Joel Paper, David Miller, Pat Hinderscheid and Michael Toth. Staff present: Recreation Program Coordinator Sloan Wallgren and Public Works Director/City Engineer John Massitello. Approval of Agenda COMMISSIONER MCGRORY-USSETT MADE A MOTION TO APPROVE THE AGENDA; COMMISSIONER TOTH SECONDED THE MOTION. AYES 7: NAYS 0 Approval of Minutes of August 13, 2013 Chair Levine pointed out an error in the minutes; Mr. Wallgren noted the error and will make changes. COMMISSIONER MCGRORY –USSETT MADE A MOTION TO APPROVE THE MINUTES FROM THE SEPTEMBER 10, 2013 MEETING; MOTION SECONDED BY COMMISSIONER MILLER. AYES 7: NAYS 0 North Urban Regional Trail Chris Hartzel from Dakota County was present to provide an update on the North Urban Regional Trail. The commission was very pleased with all of the work that has been done. The commission also thanked Mr. Hartzel and his staff for their efforts with working with all of the user groups that this project has involved. Ivy Hills Park Tennis Courts Mr. Wallgren informed that commission that Ivy Hills Tennis Courts are in need of repair. There are several options regarding the tennis courts. Option #1 would be to reclaim the existing asphalt, grade, and compact. Option #1 would also include installing a 2 inch layer of asphalt, new fencing and netting which would cost roughly $70,000. Option #2 make necessary repairs to asphalt and install sport tiles, which would cost roughly $50,000. Option #3 Remove the tennis courts and replace with an open green space, which would cost roughly $6,000. Options #4 turn the space into an area for other recreational activities. Options #5 leave the courts in their current condition. Commissioners Toth, Hinderscheid, Miller, Paper, and Chair Levine were in favor or option #1, if we could secure grants to help with the funding. Commissioner Kipp was in favor of option #2. page 10 MH Parks and Recreation Commission 10-08-2013 Page 2 Commissioner McGrory-Ussett was in favor of option #3, noting that there is an ample amount of tennis courts in city. COMMISSIONER MILLER MADE A MOTION TO RECOMMEND THAT CITY COUNCIL MOVE FORWARD WITH OPTION #1, IF THE CITY COULD SECURE A GRANT TO HELP OFFSET THE COSTS. THE MOTION WAS NOT SECONDED AND TABLED FOR FURTHER DISCUSSION. Commissioner Toth commented that we will need to have a plan for the future when this same issue comes up at other parks in the city. The commission directed staff to get additional information on costs and life expectancy of asphalt courts vs. sport tiles. Recreation Programming Report Mr. Wallgren provided the commission with a list of revenue and expenses for recreation programs through September of 2013, noting we have taken in $50,947 in revenue and expenses are $42,025 resulting in net revenue of $8,922. The list also included figures from 2012 as well as participation numbers from both 2012 and 2013. Mr. Wallgren informed the commission that staff is working on expanding some programs for next year and also introducing some new programs. Mr. Wallgren also informed that commission about upcoming field trips and winter recreation programs that are being offered. Par 3 Report Mr. Wallgren informed the commission that things are starting to slow down at the Par 3, but the course would remain open as long as possible. The Par 3 hosted a couple events in September and the Par 3 is hosting a Glow-in-the-dark golf event on October 19, 2013; the cost is $15 per person. The course has taken in $137,988 in revenues; expenditures year to date are $110,368. The net result in revenue over expenditures is $27,620 year to date. Commission Comments Commissioner Kipp shared that a study was done on the five lakes in Dakota County around Mendota Heights, and Roger’s Lake was the only one found not to be significantly polluted. Commissioner Paper thanked all of the residents that attended the open house prior to the meeting. Commissioner Toth asked that we check the hockey boards at Friendly Hills Park, and thanked the commission for everything they have done and are doing. Chair Levine commented on how wonderful the newly refurbished playground at Mendakota Park looks. Adjourn COMMISSIONER PAPER MADE A MOTION TO ADJOUN THE MEETING; COMMISSIONER TOTH SECONDED THE MOTION. Ayes 7: Nays 0 The meeting adjourned at 8:45 p.m. Respectfully Submitted by Sloan Wallgren page 11 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA AIRPORT RELATIONS COMMISSION MINUTES October 9, 2013 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, October 9, 2013 at 7:00 p.m. at 1101 Victoria Curve, Mendota Heights, Minnesota. The following commissioners were present: David Sloan, Jim Neuharth, Sally Lorberbaum, William Dunn, Gina Norling, Kevin Byrnes and Paul Portz Absent: None Also present: City Councilmember Liz Petschel, City Administrator Justin Miller, and Rose Agnew Approval of Minutes Dunn made a motion, seconded by Neuharth, to approve the September 11th minutes as submitted - all voted in favor. Introductions New Mendota Heights resident Rose Agnew introduced herself and said she was attending the meeting to see what the commission focused on. The commissioners introduced themselves as well. Guest Speaker – Councilmember Liz Petschel Councilmember and Noise Oversight Committee Co-Chair Liz Petschel provided an update on the NOC’s activities as well as a general airport update. Specifically, she summarized the NOC’s proposed 2014 work plan, which includes a study of corridor excursions by flights departing off of Runway 12L. She also provided updates on the new MAC commissioner representing Mendota Heights, the status of RNAV, and a general update on how the NOC is functioning. The commission thanked her for her time and invited her back at any time. Unfinished Business Chair Sloan noted that at the next meeting the commission should discuss when to hold their annual televised meeting and to discuss who might volunteer to assist in the NOC RMT verification study. The commission also asked staff to invite our new MAC commissioner to the November ARC meeting. Acknowledge Receipt of Various Reports/Correspondence The monthly reports for August 2013 were acknowledged and commissioners updated their respective areas of focus. Adjourn Dunn made a motion, seconded by Neuharth, that the meeting be adjourned. All voted in favor. Meeting adjourned at 8:51 pm. page 12 DATE: October 15, 2013 TO: Mayor and City Council FROM: Justin Miller, City Administrator SUBJECT: Rental Licensing Program Update BACKGROUND At a recent city council meeting, staff was asked to put together an update on the city’s rental licensing program. In 2006, the city approved a licensing process for property owners who wanted to rent their single family homes. Since that time, the following licenses have been issued: Year Number of Licenses 2010 42 2011 50 2012 53 2013 59 The annual fee for a rental license is $75. Once the license application is received, checks are conducted to see if taxes have been paid, utility accounts are current, and if there have been any property or police complaints. If these checks come back with no red flags, the license is issued. BUDGET IMPACT At the current license fee, the program generates over $4000 per year in revenue. RECOMMENDATION No action is needed. This is provided for informational purposes only. page 13 DATE: October 15, 2013 TO: Mayor, City Council and City Administrator FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator SUBJECT: Amendment to the Nationwide 457 Deferred Compensation Plan to add Roth Provisions BACKGROUND City of Mendota Heights employees have the option of making voluntary employee contributions to a 457 (b), a tax-deferred retirement plan. Employees can choose from one of the three plans offered. The Plans include ICMA 457 (b), MNDCP 457 (b) and Nationwide Retirement Solutions 457 (b). Beginning in 2011, the Internal Revenue Code (Section 457) allows for governmental employers to allow for Roth, or post-tax deferrals, to existing plans. Roth deferrals and associated earnings can be withdrawn tax-free if certain criteria are met. In 2012, ICMA and MNDCP were amended to add Roth provisions. Adding the Roth provisions to the plan provides participants with additional options for retirement savings. Benefits of these provisions include: higher after-tax contribution limits than the traditional Roth IRA’s; eligibility at all income levels, and future tax planning by having both pre-tax assets and Roth (post-tax) assets available at retirement. The Council’s approval expands employees’ options for investing voluntary contributions. The City is not required to make employer contributions to the plan. Administrative fees are charged to the participant’s account. BUDGET IMPACT There is no budget impact. RECOMMENDATION Staff is recommending the city council approve Resolution 2013-76 amending provisions of the Nationwide Retirement Solutions 457 Deferred Compensation Plan to add Roth provisions. Approval of this item requires a simple majority vote of the city council. page 14 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013 - 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS AMENDING PROVISIONS OF THE NATIONWIDE RETIREMENT SOLUTIONS 457 DEFERRED COMPENSATION PLAN TO ADD ROTH PROVISIONS PLAN NO. 23217 WHEREAS, the City of Mendota Heights has employees rendering valuable services; and WHEREAS, the City of Mendota Heights has established a deferred compensation plan for such employees that serves the interest of the City by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Mendota Heights has determined that the continuance of the deferred compensation plan will serve these objectives; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights (Employer) hereby amends and restates the deferred compensation plan (the Plan) in the form of: Nationwide Retirement Solutions 457 Governmental Deferred Compensation Plan & Trust, to include the associated Roth Amendment. Adopted by the City Council of the City of Mendota Heights this fifteenth day of October 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 15 DATE: October 15, 2013 TO: Mayor, City Council and City Administrator FROM: Nolan Wall, AICP Planner SUBJECT: Approval of Planning Services Request for Proposals BACKGROUND As part of the Council’s goal to formalize the City’s professional services selection and retention processes and due to recent internal staffing changes, the attached Professional Planning Services Request for Proposals (RFP) is provided for your review. The RFP includes the following scope of work, to be provided on an hourly, as needed basis: 1. When requested, review planning applications and prepare planning reports and technical correspondence with supporting documentation for Planning Commission and City staff review. 2. Analyze consistency with City Zoning Ordinance and Comprehensive Plan, City policies and relevant laws, rules and regulations and developing appropriate findings to approve or deny. 3. Special project research and reporting outside of planning applications as directed or requested by City staff. 4. City meetings (including but not limited to the following) • Attends Planning Commission and other city meetings on an as needed basis. The Planning Commission meets at 7 p.m. on the fourth Tuesday of each month. • Attends planning meetings with applicants as needed. Examples of work tasks may include: 1. Project planning (e.g. comprehensive plan amendments, special area plans, etc.) 2. Zoning Code amendments 3. Planning application review and reporting, as needed (e.g. conditional use permit, variance, critical area permit, etc.) 4. Environmental review If the RFP is approved for distribution, it will be sent out to consulting planning firms and posted on the City’s website. A similar review and evaluation process used for previous planning services proposals will be conducted. It is anticipated that staff will provide a recommendation for approval of a professional services contract at the December 17, 2013 City Council meeting. BUDGET IMPACT The City is requesting consulting planning services on an hourly, as needed basis. If necessary, the City may also request specific proposals for project planning with the selected consultant. RECOMMENDATION This matter requires a simple majority vote. page 16 CITY OF MENDOTA HEIGHTS, MINNESOTA REQUEST FOR QUALIFICATIONS & PROPOSALS FOR PROFESIONAL PLANNING SERVICES DRAFT for City Council Review Proposal Issued: TBD City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 651.452.1850 www.mendota-heights.com page 17 1. APPLICATION NOTICE The City is requesting proposals from interested planning firms who are qualified to provide general planning services for the City of Mendota Heights, Minnesota. The selected firm will be designated as the “Consultant Planner.” As the Consultant Planner, the firm will be expected to play a proactive role in helping the City Council and City staff to interpret and implement the City’s planning documents and policies. The City will review all applicants and City Council shall select finalists for interviews. Length of appointment will be subject to ongoing review and evaluation by City Council. 2. INSTRUCTIONS TO PROPOSERS A. All firms responding to this request shall submit a proposal to provide general consulting planning services. Eight (8) hard copies of the proposal should be submitted to the City Administrator not later than 4:00 p.m., Friday, November 15, 2013. Also provide a copy of the proposal on a CD in .PDF format – full color. B. Proposals submitted must provide complete information as indicated in this request. C. Proposers are prohibited from contacting any elected representatives of the City Council or Department Supervisory staff of the City regarding this proposal. Any and all inquiries shall be directed to Justin Miller, City Administrator. Failure to follow this guideline will be grounds for immediate disqualification. D. Proposals should be limited to 25 total pages. 3. GENERAL PLANNING SERVICES DESCRIPTION The City of Mendota Heights is searching for a firm that will provide professional planning services on an hourly fee basis. The general work elements shall include, but are not limited to: A. When requested, review planning applications and prepare planning reports and technical correspondence with supporting documentation for Planning Commission and City staff review. B. Analyze consistency with City Zoning Ordinance and Comprehensive Plan, City policies and relevant laws, rules and regulations and developing appropriate findings to approve or deny. C. Special project research and reporting outside of planning applications as directed or requested by City staff. D. City meetings (including, but not limited to, the following): 1. Attends Planning Commission and other city meetings on an as needed basis. The Planning Commission meets at 7 p.m. on the fourth Tuesday of each month. 2. Attends planning meetings with applicants as needed. 4. REQUIRED CONTENTS FOR PROPOSALS Do not provide your firm’s general literature; provide specific and tailored information to each question: A. Title Page – Show the proposal subject, the name of the proposer's firm, name of the contact person, date of submittal, and contact information, including but not limited to: address, telephone number and email. B. Table of Contents – Include a clear identification of the material by section and by page number. page 18 C. Identification and Qualifications of Firm and Assigned Personnel –The ideal firm should have extensive experience in municipal planning, including planning case review and presentation, experience interpreting comprehensive plans and zoning ordinances. Specifically respond to each item: 1. The name of the specific person who will be responsible for managing planning services, together with a resume describing that person's experience and qualifications. 2. The names and resumes of the professional staff that will be assigned to providing supporting planning services to the City, including site visits. 3. An organizational chart identifying team members and their areas of responsibility. 4. A statement committing the aforementioned staff to this proposal. 5. Background information concerning the firm, including the number of years in business under this name and the number and breakdown of personnel in the proposing office. 6. A statement describing your firm’s knowledge of/familiarity with the Mississippi River Critical Corridor Area. D. Basis for Compensation 1. Please describe how the firm intends to provide planning services. 2. Provide the hourly rates (2014-2015) for the designated Consultant Planner and all related associates and for any specialized services. 3. Define the type and unit rates for reimbursement for expenses such as mileage, reproduction of documents, faxed documents and word processing charges. E. List of References and Potential Conflicts 1. A minimum of four (4) references from public clients shall be provided. 2. References should include experience and positive working relationships with representatives from Metropolitan Council, League of Minnesota Cities and other local government jurisdictions. (Please provide not more than two reasonable paragraphs responding to each.) 3. All known potential conflicts of interest must be disclosed. 5. PROPOSAL SCORING CRITERIA The following criteria will be used for scoring proposals: A. 25% Personnel Qualification B. 25% Project/Planning Experience C. 40% Cost D. 10% References 6. PROPOSAL EVALUATION AND APPOINTMENT A. The City intends to retain the planning services of the proposer evaluated to be the best qualified to perform the work for the City, based on cost and other factors considered. The City Council and City staff shall screen all applications. The top candidates shall be selected for interviews. Qualifications for the top candidates will be verified and references will be checked. B. Based upon the evaluation of the applications, the City Council will review and select finalists. Interviews shall be conducted by the Council on a date to be determined. The top firm will be chosen by the City Council for final approval at a future City Council meeting. page 19 C. The City will not reimburse the proposer for expenses incurred by the proposer including, but not limited to, expenses associated with the preparation and submission of the proposal, and attendance at interviews. D. The City reserves the right to reject any and all proposals or to request additional information from any and all proposers. E. The contract will require that the individual or planning firm selected as Consultant Planner maintain general liability, automobile, worker’s compensation and errors and omissions insurance. F. The contract will also contain provisions requiring the selected individual or firm to indemnify the City and provide that the Consultant Planner is an independent contractor serving at the will of the City Council. G. The contract shall be for the term of one year, with options for renewal in two-year intervals. H. Other required provisions will include the City Council’s right to terminate the agreement, at its sole discretion, upon the provision of notice. 7. RFP TIMELINE The City intends to follow the subsequent timeline: ANTICIPATED RFP TIMELINE Release of RFP Wednesday, October 16, 2013 Submission Deadline Friday, November 15, 2013 Review and Evaluation of Proposals November 15 – November 29, 2013 Interviews with Selected Respondents Week of December 2, 2013 Recommendation to City Council Tuesday, December 17th, 2013 8. RIGHT TO REJECT PROPOSALS Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal unless clearly and specifically noted in the proposal submitted and confirmed in any contract between the City of Mendota Heights and the firm selected. The City of Mendota Heights reserves the right, without prejudice, to reject any and all proposals and at any time without notice and without cause. page 20 DATE: October 15, 2013 TO: Mayor and City Council FROM: Kristen Schabacker, Finance Director SUBJECT: Insurance Renewal BACKGROUND Each year LMCIT requires the city to decide if we wish to purchase additional liability coverage and a waiver of monetary limits on the claims. The base coverage is $1,500,000 which is the basic statutory limit. In the past, we have not purchased additional coverage and elected not to waive the statutory tort limits. Our insurance coverage period runs November 1, 2013 to November 1, 2014. I have attached the liability coverage waiver form. BUDGET IMPACT N/A RECOMMENDATION Staff recommends that the Mendota Heights City Council pass a motion to not purchase additional liability coverage and elect not to waive the statutory tort limits. page 21 page 22 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Approval of a Maintenance Agreement for Storm Sewer Systems Between Dakota County and the City of Mendota Heights BACKGROUND The attached maintenance agreement has been negotiated between City and County staff members over the past several months. The intent of this agreement is to establish a shared responsibility between Cities and Dakota County on the maintenance of storm sewer systems located within County rights-of-way. Storm sewer networks are often intertwined, blending runoff from municipal, county, and state owned facilities. Rather than keeping total maintenance responsibilities separated, the attached agreement defines a shared responsibility for storm sewer systems linked between Dakota County and Mendota Heights. This agreement only applies to rights-of-way where storm sewer pipes, manholes, catch basins, and structures are already installed. The facilities that would be applied to the agreement are: - Pilot Knob Road form Highway 13 south to I-494 - Delaware Avenue from Marie Avenue south to Highway 110 - Lilydale Road from Highway 13 to under the Highway 13 bridge The City of Mendota Heights would be responsible for the following activities for storm sewer facilities located in or adjacent to County right-of-way: - Routine Maintenance: inspections and sediment removal from pipes and structures. - Maintenance/Repair Projects: o 20% cost share on County improvement projects as identified in the Dakota County Capital Improvements Plan (CIP) o 80% cost share on improvement projects on facilities connected to County right- of-way o Design of projects connected to County right-of-way o Construction inspection - Urgent Repairs: Same cost share as CIP projects Dakota County would be responsible for the following activities for storm sewer facilities located in or adjacent to County rights-of-way: - Routine Maintenance: o Cleaning of gutters, storm sewer inlets, ditches, and culverts page 23 o Street sweeping and illicit discharges - Maintenance/Repair Projects: o 80% cost share on County improvement projects as identified in the Dakota County Capital Improvements Plan (CIP) o 20% cost share on improvement projects on facilities connected to County right- of-way - Urgent Repairs: Same cost share as CIP projects This agreement is being executed with all cities in Dakota County in an effort to promote more efficient use of resources for shared and connected assets. BUDGET IMPACT Storm sewer maintenance activities are paid for out of the Storm Sewer Utility Fund. Routine maintenance activities are anticipated to be handled by Public Works Department staff, while project expenses would be planned for as part of projected capital improvements. RECOMMENDATION Staff recommends Council approve the attached agreement and authorize staff to execute the agreement with Dakota County. This action requires a simple majority vote. page 24 1 Dakota County Contract # C0025402 MAINTENANCE AGREEMENT FOR STORM SEWER SYSTEMS BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF MENDOTA HEIGHTS THIS AGREEMENT is made and entered into by and between the County of Dakota, hereinafter referred to as “County”, and the City of Mendota Heights, hereinafter referred to as “City”. WHEREAS, the parties desire to enter into an Agreement relating to the maintenance of Storm Sewer Systems located on County highways within the corporate limits of the City; and WHEREAS, the City has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached City Council Resolution; and WHEREAS, the County has the authority to execute this Agreement as a binding legal obligation, fully enforceable in accordance with its terms and conditions as shown by the attached County Board Resolution No. 13-445. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. Purpose. The purpose of this Agreement is to define the rights and obligations of the parties with respect to the maintenance and repair of Storm Sewer Systems, in accordance with the Dakota County 2030 Transportation Plan, as adopted by the County Board of Commissioners on June 19, 2012, as that Plan may be amended from time to time, hereinafter referred to as “Transportation Plan”. For purposes of this Agreement, “Storm Sewer Systems” means existing or future storm sewer systems under or along County highways, within County highway right of way, and outside County highway right of way which conveys or receives drainage from County highways, within the corporate limits of the City. Storm Sewer Systems include but are not limited to: catch basins, castings, pipes, manholes, control structures, outlet pipes, and end treatments. This Agreement supersedes all previously executed joint powers agreements relating to maintenance of Storm Sewer Systems on County highways within the City. page 25 2 2. Term. This Agreement shall be in force and effect from the date of execution by all parties and shall continue in effect until terminated in accordance with the provisions herein. 3. Termination. This Agreement may be terminated by either party upon one-year written notice and execution of a subsequent maintenance agreement for Storm Sewer Systems agreeable to both parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation, which by its nature, would survive after the date of termination. 4. Construction of New Storm Sewer Systems. New Storm Sewer Systems may be constructed by the County or the City. Any design cost and construction cost responsibilities between the parties for a new Storm Sewer System will be determined according to each specific future project agreement. Design plans and specifications shall be duly approved by the representative of the County and City prior to future construction of any new Storm Sewer System covered by this Agreement. 5. Commencement of Maintenance. Maintenance of all existing Storm Sewer Systems will commence in accordance with the terms and conditions of this Agreement upon execution of this Agreement. Maintenance of new Storm Sewer Systems constructed by the County or the City will commence in accordance with the terms and conditions of this Agreement upon completion of construction and final payment to the contractor. 6. Non-Compensatory Routine Maintenance Terms. In accordance with the Transportation Plan, as it may from time to time be amended, the routine maintenance terms are as follows: a. City Routine Maintenance. The City shall be responsible, at its sole cost, for routine maintenance of Storm Sewer Systems. Routine Maintenance is defined as: periodic inspections as determined and at a method chosen by the City, and cleaning and sediment removal from inside structures and pipes. b. County Routine Maintenance. The County shall be responsible, at its sole cost, for the following: i. Cleaning gutters and storm sewer inlet (catch basin) grates within the County right of way. page 26 3 ii. Cleaning drainage ditches and culverts within County right of way. iii. Street sweeping or other cleanup methods as necessary on all County highways and for any illicit discharge into the Storm Sewer System from the County highway. 7. Compensatory Maintenance Terms. a. Inclusion in County 5-Year Capital Improvement Plan (CIP). For Storm Sewer System repair work to be eligible for County cost participation, projects must be included in the County’s CIP. Generally, necessary Storm Sewer System repairs shall be made at the time of pavement resurfacing, road rehabilitation, or other improvement project identified in the County’s CIP. i. Cost Participation. The County and the City shall share the cost of repairs to catch basins and pipes connecting catch basins on County highways to mainline pipes at a rate of 80% and 20%, respectively. The cost of repairs to mainline pipes and storm water treatment systems including manholes, pipes, control structures, outlet pipes, end treatments and detention and retention ponds shall be shared based on contributing flows. A rate of 20% County, 80% City may be used to approximate the contributing flows, or another method may be used to define a more exact rate if the County and City mutually agree prior to completing the work. ii. Plans. The City shall be responsible for inventorying and identifying necessary Storm Sewer System repairs and preparing plans and specifications for the County’s review and incorporation into the County Project plans. To the extent practicable, the County shall provide 12 months advance notice of such projects. The Storm Sewer System repairs shall be in accordance with City standards unless the City and County mutually agree on alternative repair specifications. By submitting a written request from the Authorized Representative, the City agrees to pay their share of Project costs in accordance with this Agreement. iii. Inspection. The City shall be responsible for reasonable, on-site inspection during installation of new Storm Sewer Systems, or repairs, or replacement of page 27 4 existing Storm Sewer Systems. Inspection shall include shop drawing review, daily quantities, daily inspection log, pay heights, and any as-built information the City collects, all in accordance with typical City standards and practices. b. Urgent Repairs. Storm Sewer System repairs that are not included in the County’s CIP may be made as stand-alone projects to address immediate and urgent needs when determined as necessary by the County. Urgent repairs must be approved by both the City and the County prior to incurring any costs. i. Work performed under contract. The County and the City shall share Storm Sewer System repair costs and responsibilities in accordance with sections 7. a. i., 7. a. ii, and 7. a. iii. ii. Work completed by County and City staff. The County shall generally be responsible for traffic control, bituminous pavement removal, excavation, and bituminous patching and the City shall generally be responsible for repair or replacement of castings, rings, structures, and pipes. 8. Cooperative. The County and the City shall cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 9. Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint ventures, or associates between the parties hereto or as constituting City as the employee of the County for any purpose or in any manner whatsoever. 10. Mutual Indemnification. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants, or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. It is understood and agreed that the page 28 5 County’s and City’s liability is limited by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 or other applicable law. 11. Payment. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement within 30 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 12. Rights/Remedies. All remedies available to either party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The waiver of any default by either party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default unless stated to be such in writing and signed by Authorized Representatives of the County and the City. 13. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 14. Authorized Representatives. The County’s Authorized Representative for the purpose of the administration of this Agreement is Mark Krebsbach, Dakota County Engineer, 14955 Galaxie Avenue, 3rd Floor, Apple Valley, MN 55124-8579, phone (952) 891-7100, or his successor. The City’s Authorized Representative for the purpose of the administration of this Agreement is John Mazzitello, Public Works Director, 1101 Victoria Curve, Mendota Heights, MN 55118, phone (651) 452-1850, or his successor. All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. 15. Modifications. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties respective Board or Council, and signed by Authorized Representatives of the County and the City. page 29 6 16. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part(s) which are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either part. 17. Final Agreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. [SIGNATURE PAGE TO FOLLOW] N:\Highway\AGRMENT\2013\Storm Sewer Maint Agr Mendota Heights C0025402.doc page 30 7 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized representative. CITY OF MENDOTA HEIGHTS RECOMMENDED FOR APPROVAL: By Public Works Director Mayor (SEAL) By City Clerk Date ---------------------------------------------------------------------------------------------------------------------------- COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: __________________________ By: __ County Engineer County Administrator Date: APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION No. 13-445 Date August 27, 2013 page 31 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Approval of Change Order – Dodd Road/Highway 110 Pedestrian Improvements BACKGROUND For the past eight weeks, the City’s contractor has been constructing pedestrian safety intersection improvements at the intersection of Highway 110 and Dodd Road. As part of this project, a portion of Interstate Valley Creek Trail was realigned to place the trail entirely on public property. The relocated portion of the trail is approximately 900 feet west of Dodd Road and the contractor utilized the trail between Dodd Road and the relocation project to access the construction site. The pavement condition of the trail was poor prior to the construction project, and the equipment access to the trail relocation site further deteriorated the pavement condition. The attached pictures are examples of the post construction pavement condition. Staff asked the contractor for a quote to repair the trail by means of an asphalt overlay. Because of the pre-existing condition of the trail, staff believes this would constitute a change order to the project. The contractor has provided the attached quote for $12,280 to complete the overlay of the trail. The unit prices quoted by the contractor are the same as the unit prices bid in the existing contract. This portion of trail needs to be repaired, whether through this change order or through a separate contract at a future date. By completing this trail repair, Interstate Valley Creek will have a consistent, new travelling surface form Dodd Road through the relocated portion of trail. BUDGET IMPACT The trail relocation project was authorized by City Council with the bid award of the intersection improvement project at the June 18th Council meeting and was approved for as a general fund expenditure. The change order is recommended to be funded by the general fund as well. RECOMMENDATION Staff recommends Council accept the attached change order and authorize staff to execute the agreement to repair the identified portion of Interstate Valley Creek Trail. This action requires a simple majority vote. page 32 page 33 page 34 page 35 DATE: TO: FROM: SUBJECT: October 15, 2013 Mayor and City Council Sloan Wallgren, Recreation Program Coordinator Par 3 Update – September 2013 BACKGROUND Things are starting to slow down for the season at the Par 3. We have adjusted the hours of operation of the clubhouse, and will be closed sometimes depending on the weather. We had several golf outings in September at the Par 3. On September 14th the Cherokee Room had and event with 40 participants. On September 21st we had the 3rd Annual Mendota Heights/Thompson Oaks Golf Tournament, which had 30 participants. If anyone is interested in hosting an event at the Par 3 please call the clubhouse for more details at 651-454-9822. On October 19, 2013 the Par 3 will be hosting a Glow-in-the-dark golf event. The cost of the event is $15 per player. Please call 651-454-9822 to register. MAINTENANCE UPDATE •Staff aerated the greens the last week of the month, and they are recovering nicely. •We will spray the greens for snow mold right before we close for the season. BUDGET IMPACT The attached monthly expenditure report shows revenues and expenditures through the end of September. The course has taken in $137,988 in revenues; expenditures for this period total $110,368. This results in net revenue over expenditure of $27,620 year to date. page 36 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2013 (75% OF YEAR) REVENUES SEPTEMBER YTD YTD BUDGET 2013 2013 % GREENS, LEAGUE & TOURN FEES $123,000 $11,304 $88,410 71.88% RECREATION PROGRAMS $35,000 $0 $30,920 88.34% CONCESSIONS $23,000 $2,014 $18,631 81.00% SUNDRY REVENUE $100 $0 $27 27.26% INTEREST $250 $0 $0 0.00% CAPITAL CONTRIBUTIONS $0 $0 $0 0.00% PAR 3 FUND REVENUE TOTAL $181,350 $13,318 $137,988 76.09% EXPENDITURES SEPTEMBER YTD YTD BUDGET 2013 2013 % CLUBHOUSE SALARIES $46,700 $2,757 $24,598 52.67% ADMINISTRATIVE SALARIES $22,447 $1,745 $17,246 76.83% FICA/PERA $8,610 $892 $6,214 72.18% MEDICAL INSURANCE $6,273 $428 $3,941 62.83% U/E & W/C INSURANCE $6,100 $0 $4,330 70.98% RENTALS $1,300 $53 $1,264 97.24% UTILITIES $10,230 $1,198 $5,601 54.75% PROFESSIONAL FEES - AUDIT $2,390 $0 $2,390 100.00% PROF FEES - CONSULTING FEES $800 $0 $402 50.25% PROF FEES - GROUNDS MGMT $14,000 $2,000 $6,000 42.86% PROF FEES - GROUNDS WAGES $20,000 $2,320 $11,462 57.31% PROF FEES - TREE MAINTENANCE $2,000 $0 $0 0.00% ADVERTISING/NEWSLETTER $600 $0 $196 32.62% LIABILITY/AUTO INSURANCE $3,100 $0 $3,293 106.23% OPERATING COSTS/SUPPLIES $9,800 $1,000 $4,703 47.99% FUEL $2,000 $500 $2,029 101.46% REPAIRS & MAINTENANCE $13,000 $546 $11,139 85.69% SUNDRY/DUES/MILEAGE/CLOTHING $1,660 $2 $2,056 123.87% CAPITAL OUTLAY $0 $0 $0 0.00% ONLINE REG & CREDIT CARD FEES $2,450 $501 $2,189 0.00% CONTINGENCY $0 $1,314 $1,314 PAR 3 EXPENDITURES TOTAL $173,460 $15,257 $110,368 63.63% page 37 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2012 AND 2013 REVENUES SEPT SEPT YTD YTD 2012 2013 2012 2013 GREENS, LEAGUE, TOURNAMENT FEES $10,902 $11,304 $94,221 $88,410 RECREATION PROGRAMS $0 $0 $28,315 $30,920 CONCESSIONS $1,976 $2,014 $18,586 $18,631 SUNDRY REVENUE $0 $0 $83 $27 INTEREST $0 $0 $0 $0 CAPITAL CONTRIBUTIONS $0 $0 $0 $0 PAR 3 FUND REVENUE TOTAL $12,877 $13,318 $141,205 $137,988 EXPENDITURES CLUBHOUSE SALARIES $4,087 $2,757 $34,324 $24,598 ADMINISTRATIVE SALARIES $833 $1,745 $8,267 $17,246 FICA/PERA $636 $892 $5,023 $6,214 MEDICAL INSURANCE $203 $428 $1,828 $3,941 U/E & W/C INSURANCE $0 $0 $6,337 $4,330 RENTALS $0 $53 $1,353 $1,264 UTILITIES $1,154 $1,198 $6,480 $5,601 PROFESSIONAL FEES-AUDIT $0 $0 $1,498 $2,390 PROF FEES-CONSULTING FEES $0 $0 $525 $402 PROF FEES-GROUNDS MGMT $2,000 $2,000 $11,000 $6,000 PROF FEES-GROUNDS WAGES $3,287 $2,350 $16,993 $11,462 PROF-FEES-TREE MAINTENANCE $0 $0 $962 $0 ADVERTISING/NEWSLETTER $0 $0 $397 $196 LIABILITY/AUTO INSURANCE $0 $0 $2,641 $3,293 OPERATING COSTS/SUPPLIES $870 $1,000 $6,977 $4,703 FUEL $306 $500 $2,097 $2,029 REPAIRS & MAINTENANCE $1,166 $546 $12,741 $11,139 SUNDRY/DUES/MILEAGE/CLOTHING $133 $2 $2,026 $2,056 CAPITAL OUTLAY $0 $0 $0 $0 ONLINE REG & CREDIT CARD FEES $443 $501 $2,087 $2,189 CONTINGENCY $0 $1,314 $0 $1,314 PAR 3 EXPENDITUES TOTAL $15,119 $15,257 $123,866 $110,368 page 38 page 39 page 40 page 41 page 42 page 43 page 44 page 45 page 46 page 47 page 48 page 49 page 50 page 51 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP Public Works Director/City Engineer SUBJECT: MnDOT Maintenance Agreement for Interstate Valley Creek Trail along Highway 110 BACKGROUND In conjunction with the construction of the Highway 110/Highway 149 (Dodd Road) Pedestrian Safety Improvement Project, the State Department of Transportation (MnDOT) requires that the City enter into a maintenance agreement for the relocated trail facility along Highway 110. The City of Mendota Heights already maintains the trail along Highway 110 from Dodd Road west and north to Highway 13 at I-35E, and the relocated portion of the trail would remain part of the City’s maintenance responsibility. The attached resolution authorizes City staff (Administrator and Public Works Director) to enter into a maintenance agreement with MnDOT for the maintenance of the trail along Highway 110. This authorization is the same as the one authorized for the maintenance agreement for the trail in the Highway 13 (Sibley Memorial Highway) right-of-way. BUDGET IMPACT Trail maintenance is funded through the Parks Maintenance Division of the Public Works Department, which is a levied expense. Additional maintenance responsibility for the new section of bituminous trail is anticipated to have no impact to this budget as the original location of the trail has traditionally been maintained by the City. RECOMMENDATION Staff recommends that the council authorize staff to enter into a maintenance agreement with MnDOT for the maintenance of the Highway 110 Bituminous Trail. If city council wishes to implement the staff recommendation, pass a motion adopting RESOLUTION 2013-80, A RESOLUTION AUTHORIZING ENTERING INTO A MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 110/HIGHWAY 149 PEDESTRIAN SAFETY IMPROVEMENT PROJECT (PROJECT #200819). This action requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013-80 A RESOLUTION AUTHORIZING ENTERING INTO A MAINTENANCE AGREEMENT WITH THE STATE DEPARTMENT OF TRANSPORTATION FOR THE HIGHWAY 110/HIGHWAY 149 PEDESTRIAN SAFETY IMPROVEMENT PROJECT (PROJECT #200819) WHEREAS, the City of Mendota Heights has identified the need for a trail relocation along State Trunk Highway 110 as part of the pedestrian safety improvement project at the intersection of State Trunk Highways 110 and 149 (Dodd Road) to establish the trail location in public right-of-way; and WHEREAS, the City of Mendota Heights desires to create a pedestrian and bicycle friendly city by improving areas where pedestrian and bicycle safety concerns exist; and NOW THEREFORE BE IT RESOLVED that the City of Mendota Heights enter into Mn/DOT Agreement No.04475 with the State of Minnesota, Department of Transportation for the following purposes: To provide Maintenance and Operation for the relocated portion of Interstate Valley Creek Trail located on State Trunk Highway 110 from State Trunk Highway 149 and 1,145 feet west of State Trunk Highway 149, in the City of Mendota Heights, Dakota County, Minnesota. BE IT IS FURTHER RESOLVED that the City Administrator and the Public Works Director are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Mendota Heights this 15th day of October, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk Subscribed and sworn to before me this _____ day of September, 2013 Notary Public ________________________ My Commission Expires _______________ ____________________________________ (Signature) ____________________________________ (Type or Print Name) ____________________________________ DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: North Urban Regional Trail/Greenway Development Update BACKGROUND For the past several years, Dakota County has been working the development of a Greenway Network through the County. They have received grant money through the Metropolitan Council for planning and execution of the network. This past March, Mr. Chris Hartzell, the Dakota County Project Manager presented City Council with the alternatives being analyzed for the North Urban Regional Trail (NURT) Greenway Development. The NURT is a County facility that, when complete, will connect the Big Rivers Regional Trail (BRRT) with the Mississippi River Regional Trail (MRRT) by running through Mendota Heights, West Saint Paul, and South Saint Paul. The NURT is nearly complete and one of the remain connection to be made is from Warrior Drive and Mendota Road in Mendota Heights to Garlough Environmental Magnet School in West Saint Paul. The NURT Greenway project would complete this final connection. The alignment alternative that was ultimately selected will re-route the NURT through Henry Sibley High School property east of Warrior Drive and then travel east along the south side of Marie Avenue. The new NURT alignment will cross into West Saint Paul at the Delaware Avenue/Marie Avenue intersection. Mr. Hartzell has requested the opportunity to present a project update to City Council. He presented a similar update to the Parks & Recreation Commission at their October 8th meeting. BUDGET IMPACT None RECOMMENDATION No action is needed at this time. This item is being brought forward for informational purposes only. page 52 Ci t y o f M e n d o t a H e i g h t s Ci t y C o u n c i l Oc t o b e r 1 5 , 2 0 1 3 page 53 Pr e s e n t a t i o n • Ba c k g r o u n d • Al i g n m e n t U p d a t e • Un d e r p a s s D e s i g n • Ne x t S t e p s page 54 Gr e a t P l a c e s • 7 C o m m u n i t y P a r k s • Do d g e N a t u r e C e n t e r Co n n e c t e d P l a c e s • 4 s c h o o l s a n d 5 co m m u n i t i e s i n c l u d i n g So u t h S t . P a u l , W e s t St . P a u l , S u n f i s h L a k e , Me n d o t a H e i g h t s , a n d Li l y d a l e No r t h U r b a n Re g i o n a l T r a i l page 55 page 56 page 57 Ch a r a c t e r i s t i c s _ _ _ • 10 . 5 ’ x 2 0 ’ x 80 ’ L o n g • Us e r E x p e r i e n c e • Mo s t O p e n F e e l • Mo d e r a t e T i m e in T u n n e l • Ae s t h e t i c s • Go o d I d e n t i t y • Ae s t h e t i c a l l y pl e a s i n g page 58 page 59 Wi n t e r 2 0 1 3 • Me e t w i t h Pr o p e r t y Ow n e r s • Me e t w i t h Ag e n c i e s • Pu b l i c Op e n Ho u s e s No s . 1 - 3 PD C • Al i g n m e n t Se l e c t i o n Sp r i n g 2 0 1 3 • Co n s u l t a n t Co n t r a c t • Pr e l i m i n a r y En g i n e e r i n g Su m m e r 2 0 1 3 t o Wi n t e r 2 0 1 4 • Fi n a l D e s i g n • Me t C o u n c i l Sc o p e R e v i s i o n • Pu b l i c O p e n Ho u s e N o . 4 • Ri g h t o f W a y Ac q u i s i t i o n Spring 2014 •Bidding •Construction Co m p l e t e d ! Co m p l e t e d ! Co m p l e t e d ! page 60 • Ci t y o f W e s t S t . P a u l & M e n d o t a H e i g h t s • Re v i e w a n d c o m p l e t e p e r m i t t i n g w i t h C i t y s t a f f • Cr e a t i o n o f a j o i n t p o w e r s a g r e e m e n t f o r s h a r e d s p a c e a n d m a i n t e n a n c e • He n r y S i b l e y H i g h S c h o o l • Ea s e m e n t a n d r i g h t o f w a y d i s c u s s i o n s • Do d g e N a t u r e C e n t e r • Ea s e m e n t a n d r i g h t o f w a y d i s c u s s i o n s • Co u n t y B o a r d • Au t h o r i z e e x e c u t i o n o f e a s e m e n t a g r e e m e n t s • Co n s i d e r a t i o n o f “ n e w ” n a m e • Pu b l i c I n v o l v e m e n t • Pu b l i c O p e n H o u s e N o . 4 & F i n a l – N o v e m b e r 1 4 t h page 61 Qu e s t i o n s ? page 62 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Assessment Hearing for Crown Point & Overlook Neighborhood Rehabilitation BACKGROUND Staff identified the Crown Point & Overlook Neighborhood Rehabilitation as a 2013 street reconstruction project in the 2012-2016 Street Improvement Plan (SIP). Council ordered the Crown Point & Overlook Neighborhood Rehabilitation at their September 18, 2012 meeting and directed staff to prepare plans and specifications for this street reconstruction project. Council approved the plans and specifications at their April 16, 2013 meeting. The Public Hearing for the consideration of special assessments for the Crown Point & Overlook Neighborhood Rehabilitation was advertised for the city council meeting at 7:00 P.M. The project has been substantially completed with only the signage replacement and miscellaneous punch list items remaining. Street Rehabilitation – Crown Point Drive, Crown Circle, and Crown Court Improvements for Crown Point Drive, Crown Circle, and Crown Court included the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Street Rehabilitation – Overlook Road, Overlook Lane, Lilac Road, and Summit Lane Improvements for Overlook Road, Overlook Lane, Lilac Road, and Summit Lane (north of Marie Avenue) included the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course and a 1.5” bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Park and Trail Improvements Improvements to the Marie Park included placing a 2” overlay over the existing parking lot and trail. Improvements to the trail on the east side of Lexington Avenue between Highway 110 and page 63 Douglas Road included reclamation of the existing trail and placing a 2.5” bituminous wear course over the reclaimed material and installing pedestrian curb ramps. BUDGET IMPACT The total construction cost for the Crown Point & Overlook Neighborhood Rehabilitation is $583,803.00, not including, signage replacement and indirect costs for legal, engineering, administration, and finance. A feasibility report for the project was presented to the city council in August of 2012. A copy of the final assessment roll is attached to this memo. Assessments are shown in the tables below. ASSESSMENT CALCULATIONS - STREET REHABILITATION - CROWN POINT NEIGHBORHOOD Assessable Costs $217,246.80 Assessment $108,623.40 Assessable Units 34 Estimated Unit Assessment per City Policy $3,194.80 Proposed Unit Assessment $3,650.00 ASSESSMENT CALCULATIONS - STREET REHABILITATION - OVERLOOK NEIGHBORHOOD Assessable Costs $319,906.80 Assessment $159,953.40 Assessable Units 48 Estimated Unit Assessment per City Policy $3,332.36 Proposed Unit Assessment $3,650.00 RECOMMENDATION Staff recommends that council conduct the required public hearing and adopt the attached assessment roll as prepared, or amend them if council deems it appropriate to do so. Conduct the required public hearing and then if city council wishes to implement the recommendation, pass a motion adopting A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION (PROJECT #201207). This action requires a simple majority vote. page 64 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013-78 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE CROWN POINT & OVERLOOK NEIGHBORHOOD REHABILITATION (PROJECT #201207) WHEREAS, pursuant to proper notice duly given as required by law, the Mendota Heights City Council has met and heard and passed upon all objections to the proposed assessment for the improvement to rehabilitate the urban sections of Crown Circle, Crown Court, Crown Point Drive, Lilac Road between Marie Avenue and Douglas Road, Overlook Lane, Overlook Road, and Summit Lane between Marie Avenue and Overlook Road referred to as the Crown Point & Overlook Neighborhood Rehabilitation. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that: 1. Such proposed assessments, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual principal installments extending over a period of 10 years for rehabilitation. The first of the installments shall be the annual principal plus interest calculated from the public hearing date to the end of this year plus twelve months of the next year and shall bear interest at the rate of 6% per annum from the date of the adoption of the assessment resolution. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The property owner may, at any time thereafter, pay to the City Finance Director the entire amount of the assessment remaining unpaid, excepting the installment portion appearing upon the current year’s property tax statement. 4. The City Clerk shall prepare and transmit to the County Auditor a certified duplicate of said assessment rolls with each then unpaid installment and interest set forth separately, to be extended upon the proper tax lists of the County, and the County Auditor shall thereafter collect said assessments in the manner provided by law. Adopted by the City Council of the City of Mendota Heights this fifteenth day of October, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST _________________________ Lorri Smith, City Clerk page 65 page 66 page 67 page 68 page 69 page 70 page 71 page 72 page 73 page 74 page 75 page 76 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: John R. Mazzitello, PE, PMP, MBA Public Works Director/City Engineer SUBJECT: Traffic Safety Committee Meeting Summary and Recommendations BACKGROUND The Traffic Safety Committee met on October 1st from 5:30 to 6:30 pm at City Hall. There were two items discussed at the meeting as summarized below: A. Request for parking restrictions on the east side of Warrior Drive – Requested to City Council by Mr. Stuart Simek of 577 High Ridge Circle. Referred to TSC by City Council on September 17, 2013. A number of residents came to the September 17th City Council meeting to talk about their concerns regarding Henry Sibley High School student parking along the east side of Warrior drive. City Council referred the matter to the Traffic Safety Committee to come up with recommendations to bring back to City Council. One of the residents observed as many as 71 cars parked on the east side of Warrior Drive between the parking lot entrance and Mendota Road. Independent School District 197 charges students $100 per semester to park in the high school parking lot, which has more than enough parking available to meet City Code. It is assumed that students not wishing to pay the parking fee are parking on Warrior Drive and on other public streets to avoid the payment. Four area residents attended the committee meeting to participate in the discussion of the issue. B. Review of speed data for Decorah Lane – Requested by Mike Schmidt of Decorah Lane. Mr. Schmidt is a new resident of Mendota Heights, moving in last October. He expressed concerns about the speed of traffic on Decorah Lane. In 2008, the City enlisted the assistance of several University of Minnesota Graduate Students to conduct a speed study and make traffic calming recommendations to the City. The mean and median calculated as a result of the study were both 30 mph, the posted speed limit. There were cars measures as fast as 40+ mph, but according to the study they were vastly outnumbered by vehicles travelling around the 30 mph mark. The students also ran samples of license plates to determine how much “cut through” traffic was utilizing Decorah. 79% of vehicles surveyed were determined to be local residents. BUDGET IMPACT None. page 77 RECOMMENDATIONS The Traffic Safety Committee recommends the following: A. The Traffic Safety Committee recognizes the issue as belonging to the School District first and recommends the City give the School Board and the administration of Henry Sibley High School the first opportunity to address the resident concerns. The committee is recommending adoption of the attached Resolution 2013-77, A RESOLUTION FORMALLY REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE RESIDENT CONCERNS DUE TO ON STREET PARKING ON WARRIOR DRIVE. This action requires a simple majority vote. B. Utilize the City’s speed cart to monitor traffic data along Decorah Lane to check against data collected in 2008 as part of the Decorah Lane Traffic Study. If changes in traffic statistics are taking place, the Traffic Safety Committee will re-visit possible mitigation measures. No Council action is needed on this item at this time. page 78 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2013-77 RESOLUTION FORMALLY REQUESTING ACTION BY INDEPENDENT SCHOOL DISTRICT 197 TO ALLEVIATE RESIDENT CONCERNS DUE TO ON-STREET PARKING ON WARRIOR DRIVE WHEREAS, the City of Mendota Heights values the cooperative working relationship it has with Independent School District 197; and WHEREAS, the residents of Warrior Drive, Sibley Court, and High Ridge Circle have brought to our attention concerns about on-street parking along the east side of Warrior Drive by students of Henry Sibley High School; and WHEREAS, the City of Mendota Heights is concerned about neighborhood safety and the best public use of our streets and rights-of-way; and WHEREAS, school generated traffic concerns have been mitigated in the past through cooperative efforts between the City of Mendota Heights, area residents, and education institutions. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Mendota Heights, Minnesota requests Independent School District 197 review the on street parking patterns on Warrior Drive of students and faculty of Henry Sibley High School and discuss potential solutions to resident concerns with area residents prior to their implementation. Adopted by the City Council of the City of Mendota Heights this 15th day of October, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS By________________________________ Sandra Krebsbach, Mayor ATTEST: By_____________________________ Lorri Smith, City Clerk page 79 DATE: October 15, 2013 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accept Bids and Award Contract for the Mendota Heights Road Force Main Replacement (City Project #201309) BACKGROUND City Council, at their September 17, 2013 meeting, approved the plans and specifications and authorized staff to advertise for bids on the Mendota Heights Road Force Main Replacement Project. Bolton & Menk, Inc. recommended bidding the project as two alternate replacement methods. The first is directionally drilling a new line adjacent to the existing force main. The second alternate is to pull a smaller diameter pipe through the existing pipe. Due to industry costs increasing for this type of work recently, the project was bid with a Fall of 2013 construction as well as a Spring of 2014 construction to see where prices come in at. Three contractors submitted bids for this project. Staff is recommending that the contract be awarded to GM Contracting, Inc. for the bid submitted to construct the new force main in 2013. This is not the low bid for the project but if the city waits until 2014 to complete the replacement we are putting ourselves at risk of having to do an additional repair which costs around $25,000. These breaks tend to occur during the freeze-thaw cycles of the winter/spring, so the possibility of another force main failure is a factor when analyzing the bids. A summary of the bid opening is attached. BUDGET IMPACT Bolton & Menk, Inc. submitted an opinion of probable costs for Alternate 1 to be $564,900.00. The bid submitted by GM Contracting, Inc. is approximately 10% under the estimate at $505,048.23. The Sanitary Utility Fund has sufficient balance to cover this improvement. RECOMMENDATION Staff recommends Council accept the bids and award the construction contract to GM Contracting, Inc. for their bid in the amount of $505,048.23 to be constructed in 2013. If Council wishes to implement the staff recommendation, pass a motion adopting the attached Resolution, A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MENDOTA HEIGHTS ROAD FORCE MAIN REPLACEMENT PROJECT. This action requires a simple majority vote. page 80 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2013-79 A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE MENDOTA HEIGHTS ROAD FORCE MAIN REPLACEMENT PROJECT (PROJECT #201309) WHEREAS, pursuant to an advertisement for bids for the proposed construction of a force main replacement on Mendota Heights Road, bids were received, opened, and tabulated according to law and the following bids were received complying with said advertisement: NAME OF BIDDER AMOUNT OF BID GM Contracting, Inc. $505,048.23 (2013) GM Contracting, Inc. $505,048.23 (2014) Minger Construction, Inc. $484,886.60 (2014) Northdale Construction Co. $496,336.37 (2014) Minger Construction, Inc. $459,566.20 (2014) Slip Lining and WHEREAS, the City Engineer recommended that the lowest responsible bid for a 2013 completion submitted by GM Contracting, Inc. of Lake Crystal, Minnesota, be accepted. NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council as follows: 1. That the bids for the above project are hereby received and accepted. 2. That the bid of GM Contracting, Inc. of Lake Crystal, Minnesota, submitted for the construction of the above described improvements be and the same is hereby accepted. 3. That the contract be awarded to GM Contracting, Inc. of Lake Crystal, Minnesota, and that the Mayor and Clerk are hereby authorized and directed to execute and deliver any and all contracts and documents necessary to consummate the awarding of said bids. Adopted by the City Council of the City of Mendota Heights this fifteenth day of October, 2013. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebsbach, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 81 Bo l t o n & M e n k , I n c . CO N S U L T I N G E N G I N E E R S & S U R V E Y O R S Ma n k a t o - F a i r m o n t - S l e e p y E y e - B u r n s v i l l e - W i l l m a r - C h a s k a - R a m s e y - M a p l e w o o d - B a x t e r - R o c h e s t e r , M N Am e s - S p e n c e r - J o h n s t o n , I A Fa r g o , N D H: \ M H G T \ N 1 5 1 0 6 9 5 7 \ 3 _ D E S I G N \ B _ S P E C S \ 1 0 6 9 5 7 B I D T A B . D O C X BI D T A B U L A T I O N Me n d o t a H e i g h t s R o a d F o r c e m a i n R e p l a c e m e n t Ci t y o f M e n d o t a H e i g h t s BM I P r o j e c t N o . N 1 5 . 1 0 6 9 5 7 Qu e s t C D N P r o j e c t N o . 2 9 3 0 3 0 8 Bi d s T a k e n : O c t o b e r 9 , 2 0 1 3 Ti m e : 1 0 : 0 0 p . m . A d d e n d u m ( s ) : 1 – 1 0 / 3 / 1 3 Di r e c t i o n a l D r i l l i n g Sl i p l i n i n g No v e m b e r 2 9 , 2 0 1 3 Ju l y 3 1 , 2 0 1 4 No v e m b e r 2 9 , 2 0 1 3 Ju l y 3 1 , 2 0 1 4 BI D D E R S AL T 1 - A AL T 1 - B AL T 2 - B AL T 2 - B BID BOND ADDEND.(S) GM C o n t r a c t i n g , I n c . La k e C r y s t a l , M N $5 0 5 , 0 4 8 . 2 3 $5 0 5 , 0 4 8 . 2 3 N/ A N / A X X Mi n g e r C o n s t r u c t i o n I n c . Ch a n h a s s e n , M N N/ A $ 4 8 4 , 8 8 6 . 6 0 N/ A $ 4 5 9 , 5 6 6 . 2 0 X X No r t h d a l e C o n s t r u c t i o n C o m p a n y Al b e r t v i l l e , M N N/ A $ 4 9 6 , 3 3 6 . 3 7 N/ A N / A X X page 82