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2017-03-28 Council Packet CITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA March 28, 2017 – 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. Approval of March 21, 2017 City Council Minutes b. Approval of March 21, 2017 Council Workshop Minutes c. Approval of Wine and 3.2% Malt Liquor License Transfer – King and I Thai Corporation d. Approve JPA with Dakota County for the Wetland Health Evaluation Program (WHEP) e. Approve Out of Metro Area Travel Request for Conference f. Approval of Claims List 6. Public Comments 7. Presentations - none 8. Public Hearing – none 9. New and Unfinished Business a. Mendota Plaza Access Roads Identified as Private Roads b. Resolution 2017-28 Approve Plans and Authorize an Advertisement for Bid for the Mendota Heights Road & Kensington Street Improvements 10. Community Announcements 11. Council Comments 12. Adjourn CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 21, 2017 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. Councilmembers Miller, Petschel, and Paper were also present. Councilmember Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption noting that item 9a had been removed at the applicant’s request. Councilmember Petschel moved adoption of the agenda with that change. Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items d) Authorization of Victoria Highlands Park Ballfield Upgrades, g) Approve Resolution 2017-26 Designating a Right-of-Way Acquisition for Roadway and Utility Purposes – Lot 1, Gangl First Addition, and h) Wetland Conservation Act Application – Dakota County. a. Approval of March 7, 2017 City Council Minutes b. Approval of March 7, 2017 City Council Workshop Minutes c. Acknowledgement the 2016 Parks and Recreation Report d. Authorization of Victoria Highlands Park Ballfield Upgrades e. Approve Resolution 2017-25 Approve Permanent Easement to Mendota Heights for Dodd Rd Trail f. Northland Drive Lift Station Rehabilitation – Purchase Order page 2 g. Approve Resolution 2017-26 Designating a Right-of-Way Acquisition for Roadway and Utility Purposes – Lot 1, Gangl First Addition h. Wetland Conservation Act Application – Dakota County i. Approve Resolution 2017-27 Amendment to Fee Schedule j. Award Contract for 2017 Street Sweeping k. Authorization to Send to Auction - 2008 Ford Explorer Police Vehicle l. Approve Resolution 2017-23 Comcast Franchise Agreement Extension m. Approve Resolution 2017-24 State of Minnesota Joint Powers Agreements with the City of Mendota Heights on behalf of its City Attorney and Police Department n. Acknowledgment of February 2017 Fire Synopsis o. Approve Building Activity Report February 2017 p. Approve Treasurer’s Report q. Approval of Claims List Councilmember Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM D) AUTHORIZATION OF VICTORIA HIGHLANDS PARK BALLFIELD UPGRADES Councilmember Petschel acknowledged the hard work done by Recreation Program Coordinator Sloan Wallgren and the Parks and Recreation Commission in terms of their stewardship and management of the City’s parks, recreation facilities, and the trails. For informational purposes, she requested an explanation of the ballfield upgrade. Mr. Wallgren explained that the Mendota Heights Athletic Association (MHAA) has requested that the City make improvements to the ballfield at Victoria Highlands Park so it can be used for the 11 and under and the 12 and under teams. To make it a legal field, an outfield fence needs to be installed and for safety reasons, a fence should be installed down the first base line. MHAA works with a contractor that would complete the work. The association members are also willing to do some of the labor. This field would then be usable for baseball and softball. The association would keep a portable mound so it could be removed when it is not needed. The current backstop is dated and in the future they would look to see if it could be extended in height. MHAA is looking to begin this work in mid-April so they can play on the fields in May. Councilmember Petschel moved to authorize staff to obtain quotes for the fencing and move forward with expanding the infield for an amount not to exceed $18,000. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 3 G) APPROVE RESOLUTION 2017-26 DESIGNATING A RIGHT-OF-WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES – LOT 1, GANGL FIRST ADDITION Mr. Ruzek explained that the City acquired the western-most 30 feet of a parcel in 1972, when the City extended utilities to serve the properties on the southeast quadrant of Marie Avenue and Dodd Road. In 2018, the Minnesota Department of Transportation (MnDOT) is proposing the reconstruction of Dodd Road. When the City acquired that right-of-way, it was through a warranty deed title. State projects require that any land that was acquired must have been specifically designated for a purpose. Therefore, the State has asked the City to designate this land for roadway and utility purposes for them to be able to utilize. There is currently a sanitary sewer line and a storm sewer line that does cross a portion of the property. The State is not proposing any extensions of the curb line; however, some of their utility work may require that they go into that area to replace some of the storm sewer with the project. In addition, the City is proposing to construct an 8-foot bituminous-shared use trail along Dodd Road. Councilmember Petschel moved to adopt RESOLUTION 2017-26, DESIGNATING A RIGHT-OF- WAY ACQUISITION FOR ROADWAY AND UTILITY PURPOSES – LOT 1, GANGL FIRST ADDITION. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) WETLAND CONSERVATION ACT APPLICATION – DAKOTA COUNTY Councilmember Petschel noted that municipalities surrounding Mendota Heights have had to acquire new rights-of-way because of recent heavier rain patterns and the existing infrastructure (stormwater capture and treatment) is no longer considered efficient enough. Some cities are planning to use wetland credits to accomplish this. She questioned, if the City goes with this project, if the interchange will be able to handle the amount of rain projected. Public Works Director Ryan Ruzek replied that Dakota County has proposed to construct a shared use trail from the end of South Plaza Drive, cross a ditch, and follow to the north to the proposed pedestrian underpass; the trail would then tie into the existing trail on the north side of Highway 110. In order to accomplish this, the County has proposed to install a culvert and fill in a small portion of the excavated ditch for a bridge crossing. There is also going to be small impacts to wetland 3 and wetland 9 & 10, which are located in the ditch of Highway 110. They are not considered natural wetlands for any water quality or rate control. This is why staff is in support of the County plan. Councilmember Petschel asked if there was anything about this project that would affect how the water accumulates on the northeast corner of Dodd Road and Highway 110? Mr. Ruzek replied that the State did some major excavation about six weeks ago. He would assume that the County took into account that amount of water that flows into that ditch and they would be managing with both the Highway 110 project and the County’s underpass. page 4 Councilmember Miller requested a definition of ‘wetland banking’. Mr. Ruzek replied that the City is the local government unit that administers the Minnesota Wetland Conservation Act, a federally mandated program. Ideally there are a number of sequencing steps that a project would go through if they are going to impact a wetland. Unfortunately, the sites here do not allow for the opportunities for additional wetlands to be created on site. There are people who have land that have actually created wetlands that were not natural. They in turn sell acres or portions of acres to developers that would meet the wetland conservation act requirements. The small disturbances that the County is proposing are required to be replaced at a two to one ratio. They are purchasing credits for twice the amount of wetlands that are being filled. These would be a higher quality wetland. Councilmember Miller asked what the long-term impact of the outlet would be on the surrounding landscape, in terms of wetland #5 and the storm sewer element. Mr. Ruzek replied that there would be four outlets into the creek. They have all been new outlets so stormwater designs have been reviewed and rate controls would be less than if those sites were never developed on. Councilmember Petschel moved to accept the delineation report and replacement plan, and authorize staff to issue a Notice of Decision. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS There were no public comments. PRESENTATIONS No items scheduled. PUBLIC HEARING A) WINE AND 3.2% MALT LIQUOR LICENSE TRANSFER – KING AND I THAI City Clerk Lorri Smith explained that a public hearing has been scheduled to receive comments regarding the transfer of a Wine and 3.2% Malt Liquor Licenses at King and I Thai Restaurant. The City has received an application from Cha Thao and Zeng Yang, owners of King & I Thai Corporation. This is a request to transfer the current licenses issued to King and I Thai LLC, located at 760 Highway 110. The Police Department has completed a thorough investigation and found no issues or concerns. Mayor Garlock moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 5 Mr. Cha Thao and Ms. Zeng Yang came forward and noted that they would be taking over the King and I Thai restaurant sometime in mid-April. The menus would remain the same. They are looking forward to being in this neighborhood. No one else from the public wished to be heard on this item. Mayor Garlock moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) This item will be place on the next Council meeting agenda for official action. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2017-17 APPROVING LOT SPLIT (MINOR SUBDIVISION) AT 697 WESLEY LANE (PLANNING CASE 2017-02) This item was removed from the agenda as requested by the applicant. B) APPROVE LETTER OF INTENT WITH TRAMMELL CROW FOR RESIDENTIAL APARTMENT DEVELOPMENT AT VILLAGE LOTS PROPERTY City Administrator Mark McNeill explained that the City owns the three lots that front Dodd Road at the Village of Mendota Heights development. Several weeks ago, Trammell Crow, a national company, proposed to purchase these lots to accommodate an apartment building for active adults. This is a new concept in the Twin Cities that fits an unmet need for younger seniors who have a desire to downsize and to move into maintenance-free housing but are not ready for traditional senior housing. Trammell Crow proposes a five-story apartment building, with 150 to 164 units, which would have underground parking for all but four spaces. Administrator McNeill shared images of the proposed building. The three lots comprise approximately 1.72 acres in size, and are located between Linden Street and Dodd Road. There would be a small park to the south. This project would require the partial vacation of Maple Street, and it would also provide for the acquisition of outlot D, which is a parcel encumbered by blanket utility and drainage easements. The sale price of this property would be determined by an appraisal mutually agreed upon. Trammell Crow is proposing a closing date on the property by November so that the project could break ground by the end of the year. He said that there are a number of land use issues that would need to be reviewed and resolved before that could take place. There is also a traffic study that would commence very soon. Their intent is to have this on the Planning Commission agenda of May 28, 2017. Trammell Crow is open to having a community meeting prior to the Planning Commission meeting. This would provide Trammell Crow an opportunity to make their presentation and answer questions. page 6 In order to begin, Trammell Crow has proposed a Letter of Intent for Council approval. This letter defines the property, sets forth the earnest money that would be paid, the Title and Survey obligations, Due Diligence period – during which time the City would not market the property, and Contingency Conditions. Administrator McNeill noted that the property would be sold “as-is”, with no warranty by the City of any kind, expressed or implied, except as provided in the Purchase Agreement. There would be relocation of the utilities in Maple Street at the cost of the developer. If there is a need to do sewer lift station upgrades as a result of this development, those would be at the cost of the developer. Trammell Crow has 45 days after the execution of this Letter of Intent to cause a traffic study to be conducted. Staff proposed to add a condition to the Letter of Intent under Section B emphasizing the fact that, while the City supports this concept; anything that is approved is going to be subject to the review of the Planning Commission and ultimately the City Council. Representatives of the developer and architect were available for questions. Councilmember Miller expressed his appreciation to Trammell Crow’s willingness to hold a neighborhood meeting. This project, in his opinion, would change the very landscape of what is there. However, he had several concerns including the traffic impact on Dodd Road, adjustment in density levels is also a concern, and changing the character of the neighborhood. Councilmember Paper commented that several meetings ago, Mr. Luce from Dakota County was here discussing the future in housing needs for Mendota Heights. This proposal would provide something that has been missing as far as housing in our city. This proposal is worth investigating and listening to. This complex would be walkable to the commercial hubs and would attract viable businesses. Councilmember Petschel noted that the Mendota Heights she moved into 30 years ago is not the same city as it is now. She stated she hears from residents about their frustration to want to stay living in Mendota Heights but their homes are too big, and they have no place to move to. Feedback received from the County shows that there is a tremendous unmet need in the community for this kind of housing. If the City is going to do this kind of housing, she felt that this is the location where it needs to be. Previous Councils have identified this area as where they wanted to have a village experience – and a village by definition is denser. She felt that it would be a mistake to not review this and give it an opportunity to succeed. Mayor Garlock noted that after hearing the presentation from Dakota County concerning the lack in this area of senior housing options, and after hearing Trammell Crow’s concept of an Active Adult complex, he believes this would be a very nice addition to the City. This would support both the Village and the Plaza. He is looking forward to the community meetings to hear what the residents have to say. Ms. Mary Lucas, a representative of Trammell Crow, stated that the company was excited about Mendota Heights. It believes that this project is going to be a great compliment to the retail and restaurants of the area. The traffic study is going to be one of the first items with which to proceed. Councilmember Petschel moved to authorize the execution of the Letter of Intent with Trammell Crow for the Mendota Heights Active Adult Apartments concept with the revision of section B5. Mayor Garlock seconded the motion. page 7 Ayes: 3 Nays: 1 (Miller) Absent: 1 (Duggan) C) DISCUSSION OF CITY COUNCIL MEETING STARTING TIME City Administrator Mark McNeill explained that the City Council meetings have had a 7:00 p.m. start time for some time. The question has been asked if the Council would like to change to a 6:30 p.m. start time. He provided a survey of Dakota County cities and their Council meeting start time. Councilmember Paper noted that he would be interested in starting at 6:30 p.m. Councilmember Miller noted that either start time would work for him. He requested that everyone keep in mind that the staff’s workday ends at 4:30 p.m., and keeping them here from 4:30 p.m. to 7:00 p.m. is a waste of their resources. Councilmember Petschel noted that she was vehemently opposed to starting at 6:30 p.m. for a variety of reasons, but most importantly that this was about serving the residents who want to be at these meeting, and not about what is convenient for the Council and staff. She was concerned that anyone who needed to attend a meeting may not have time to arrive before 7:00 p.m. Councilmember Paper asked if there was a way to take a community survey. Administrator McNeill replied that it would not be scientific, as it was likely that only residents who felt strongly one way or the other would respond. Mayor Garlock noted that as there is some disagreement from the Councilmembers, some additional legwork should be to get the residents’ feedback, which might be through Facebook or some other survey method. D) DISCUSS RESCHEDULING OF APRIL 4TH CITY COUNCIL MEETING City Administrator Mark McNeill explained that there would not be a quorum in attendance at the regular meeting scheduled for April 4, 2017. In checking schedules and availability, it appears that Tuesday, March 28, 2017 would be the most logical time to have the meeting. All councilmembers present agreed to change the meeting date to Tuesday, March 28, 2017. COMMUNITY ANNOUNCEMENTS No items scheduled. page 8 COUNCIL COMMENTS Councilmember Paper expressed his appreciation to Recreation Program Coordinator Sloan Wallgren for the terrific job with the annual report. It is also nice to see that the City would be collaborating with the Mendota Heights Athletic Association on the ballfield renovation. Councilmember Miller echoed Councilmembers Paper and Petschel about the work that Mr. Wallgren is doing. Councilmember Miller also invited residents to a Fire Department training exercise on April 8, 2017 at 7:00 a.m. They will be burning down a vacant house that the City owns. The property is located on the frontage road just east of Highway 55. Mayor Garlock announced the 5K race applications are now available online. He expressed appreciation to Recreation Program Coordinator Sloan Wallgren for his hard work in making this happen. Councilmember Petschel observed that, either when driving south on Huber or getting on the freeway from Dodd Road, the building of the Viking Park can be seen. It is hoped that this park will be an advantage for the City. ADJOURN Councilmember Paper moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 8:05 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 9 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Council Workshop Tuesday, March 21, 2017 Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 5:00 p.m. Councilmembers Miller, Paper, and Petschel were also present. Councilmember Duggan joined the meeting via an interactive television pursuant to Minn. Stat. §13D.02. Staff in attendance included City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, Finance Director Kristen Schabacker, Public Works Director Ryan Ruzek, Community Development Director Tim Benetti, City Attorney Andy Pratt and City Clerk Lorri Smith. VILLAGE LOTS Administrator McNeill provided background on three vacant City-owned lots which are part of The Village at Mendota Heights development. Representatives from Trammell Crow were present to answer the Councilmembers’ questions. A Letter of Intent was reviewed. This letter will initiate the purchase and sale agreement for the property. City Attorney Andy Pratt noted that this Letter of Intent is very common for a development of this size. The site plan for the development was discussed. It includes a five-story market rate senior housing apartment building on five vacant City-owned properties. The project costs are estimated to be approximately $30 million. It was noted that if the Letter of Intent is approved, the developer would schedule a community meeting before this goes before the Planning Commission, to answer questions and hear the public’s concerns about the project. Councilmembers noted that this development would meet a lot of the needs for Mendota Heights. Traffic congestion on Dodd Road is a major concern. A traffic study will be completed to evaluate the traffic impact on Dodd Road. MENDOTA MOTEL The possible redevelopment of the Mendota Motel property was discussed. It is proposed to develop a market rate apartment complex for seniors. The building is proposed to be three stories and include 69 units. The possibility of offering Tax Increment Financing as a financial assistance to the potential developer of the property was discussed. The property would also need to be rezoned to R3. page 10 It was noted that there may be a need to relocate an Xcel power line; soil contamination may also be an issue. The developer or the seller would fund the costs of these items. There would be no upfront costs to the City. It was noted that the owner of the greenhouse property, which is adjacent to the motel property, may also be interested in a redevelopment project at that location. Both properties could then be combined into a redevelopment project. BOURN PROPERTIES Administrator McNeill discussed with the Council the possible expansion of a local business on the Bourn Lane properties. The City has been acquiring these parcels since the early 1990’s, and the site currently encompasses 14 acres. A local business would like to receive an incentive from the city. Business incentives that may be available from MN DEED were discussed. The Council discussed having a negotiation team from the City meet with the local business. OTHER BUSINESS Kensington/Mendota Heights Road project update--Public Works Director Ryan Ruzek discussed with the Council concerns that St. Thomas Academy has regarding the Mendota Heights Road construction project scheduled for this summer. It was noted that the Council may want to review the policy in place for street assessments and how the costs are assessed to the property owners. April 4th Regular Meeting Date--It was noted that the Council will not have a quorum present for the April 4th meeting date. The consensus date to reschedule the meeting was determined to be March 28, 2017. ADJOURN Mayor Garlock adjourned the meeting at 6:50 p.m. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith, City Clerk page 11 DATE: March 28, 2017 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Approval of On Sale Wine and 3.2% Malt Liquor Licenses for King and I Thai Corporation BACKGROUND The City received an application from Cha Thao and Zeng Yang, owner of King and I Thai Corporation. They are purchasing the King and I Thai restaurant at 760 Highway 110, in Mendota Plaza. The applicant has submitted a complete license packet and paid the required license fees. The Police Department has completed a thorough investigation of the applicant and has found no issues or concerns. At the March 21, 2017 City Council meeting, the Council held a public hearing and received public comment regarding the transfer of the On Sale Wine and 3.2% Malt Liquor licenses. No one from the public wished to be heard. If approved, the licenses would be effective through June 30, 2017. The Wine License would be forwarded to the State of MN Liquor Control for their final approval. RECOMMENDATION Staff recommends the approval of an On Sale Wine and 3.2% Malt Liquor license for King and I Thai Corporation doing business as King and I Thai, located at 760 Highway 110. page 12 REQUEST FOR COUNCIL ACTION DATE: March 28, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Joint Powers Agreement (JPA) Between Dakota County and the City of Mendota Heights for the Wetland Health Evaluation Program (WHEP) COMMENT: INTRODUCTION The Council is asked to approve a JPA with Dakota County for the Wetland Health Evaluation Program (WHEP). BACKGROUND The City of Mendota Heights has been in a Joint Powers Agreement (JPA) with Dakota County for the Wetland Health Evaluation Program (WHEP) since 1999. The WHEP program assesses aspects of wetland health for specified water bodies by measuring invertebrates’ type and quantity as well as vegetation growth in the wetlands. Metrics from these evaluations are then used to determine the health of a wetland. DISCUSSION Staff is proposing to have Dakota County monitor two wetlands with volunteers through the County’sWHEP: Copperfield – wetland designated as MH-2, and the Industrial Park – wetland designated as MH-4. These water bodies are part of the City’s storm water treatment system but are unique in that they were wetlands that pre-date their respective development areas as opposed to pond constructed specifically for storm water treatment. BUDGET IMPACT The City is invoiced by Dakota County for the service of monitoring these wetlands. The fees vary from year to year as established by an annual fee schedule. The fee paid by the City of Mendota Heights has been $2,310.00 per year. The fees are not proposed to increase in 2017. The fee charges by Dakota County are paid out of the Storm Water Utility Fund. RECOMMENDATION The attached JPA is a renewal of our existing agreement and will serve to continue our participation in the WHEP program. The JPA is valid through the year 2021. Staff is recommending approval of the JPA for the WHEP program. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion approving the City of Mendota Heights’ participation in the JPA by a simple majority vote. page 13 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF MENDOTA HEIGHTS FOR THE WETLAND HEALTH EVALUATION PROGRAM The parties to this Agreement are the County of Dakota, a political subdivision of the State of Minnesota (County) and the City of Mendota Heights (City), a governmental and political subdivision of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual promises and benefits that the County and the City shall derive from this Agreement, the County and the City hereby enter into this Agreement for the purposes stated herein. SECTION 1 PURPOSE The purpose of this Agreement is to facilitate the analysis of wetlands located with the City through the Dakota County Wetland Health Evaluation Program (WHEP), which is coordinated and managed by the County, to obtain data and other information to assist both parties in performing their responsibilities under the Minnesota Wetland Conservation Act. SECTION 2 TERM Notwithstanding the date of the signatures of the parties, the term of this Agreement shall commence on January 1, 2017, and shall continue in full force and effect until December 31, 2021, unless earlier terminated by law or according to the provisions of this Agreement. SECTION 3 COOPERATION The parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. SECTION 4 EXERCISE OF POWERS The parties to this Agreement agree that the County shall administer the funds collected hereunder and disburse these funds for expenses incurred by WHEP. SECTION 5 POWERS AND DUTIES OF THE COUNTY 5.1 The County shall administer the WHEP funds on behalf of the City. 5.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by generally accepted accounting practices. 5.3 The County may apply for and accept gifts, grants, loans and money, other property or assistance from federal or state agencies, or any other person to carry out the WHEP in Dakota County. 5.4 The County may use funds to hire and retain a monitoring coordinator, a non-profit agency, consulting firms and such other personnel as may be needed to provide the services contemplated under this Agreement. Notwithstanding the foregoing, the parties agree that WHEP is a volunteer based program and that data collection shall be performed solely by volunteers trained by the County. All volunteers participating in the WHEP shall be considered agents of the County and not agents of the City. page 14 SECTION 6 FUNDING On or before March 31 each year of the term of this Agreement, the County shall provide to the City a complete WHEP fee schedule for that calendar year, including an itemization of the fee for analyzing each wetland and the fee for performing a quality assurance recheck to enable the City to evaluate whether to participate in the WHEP for that year. If the City elects to participate in the WHEP for that year, the City shall notify the County and the County shall provide the services described herein. On or about July 1 of each year that the City elects to participate, the County shall submit an invoice to the City for the WHEP fees for that year and the City shall remit payment to the County within 30 days after receipt of such invoice. SECTION 7 WHEP TIMELINE The parties agree to the following timeline for each year of the term of this Agreement: Spring The County shall provide a WHEP fee schedule to the City and the City shall notify the County if the City elects to participate in the WHEP for that calendar year and identify the specific wetlands to be analyzed. Late Spring and Summer Trained volunteers shall collect data regarding the quantity and variety of plants and macroinvertebrates within each City designated wetland, making note of any invasive species sighted. A consultant hired by the County shall conduct a quality assurance recheck based on monitoring protocols. Fall The consultant hired by the County shall compile and analyze the data collected for all wetlands within the City under the WHEP and prepare a written report on the same. Winter The County shall deliver to the City the consultant’s written report and the data collected for all wetlands analyzed within the City. SECTION 8 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. ch. 466 and other applicable laws govern liability of the County and the City. The provisions of this section shall survive the expiration or termination of this Agreement. SECTION 9 AUTHORIZED REPRESENTATIVES AND LIAISONS 9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: TO THE COUNTY: Georg Fischer or successor, Director Environmental Resources Department 14955 Galaxie Avenue Apple Valley, MN 55124 page 15 TO THE CITY: Neil Garlock or successor, Mayor City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55044 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division,1560 Highway 55, Hastings, Minnesota 55033. 9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison City Liaison Paula Liepold Ryan Ruzek or successor Telephone: (952) 891-7117 Telephone: (651) 255-1152 Email: paula.liepold@co.dakota.mn.us Email: ryanr@mendota-heights.com SECTION 10 TERMINATION Either party may terminate this Agreement at any time upon 90 days written notice to the other party. SECTION 11 GENERAL PROVISIONS 11.1 COMPLIANCE WITH LAWS/STANDARDS. The City and the County agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible. 11.2 EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. 11.3 CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. All remedies available to either party for breach of this Agreement 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 rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the County and the City. 11.4 RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in- progress needs a longer retention time. page 16 11.5 MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the County and the City. 11.6 ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Said consent may be subject to conditions. 11.7 GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. ch. 13. 11.8 MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 11.9 MERGER. 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. 11.10 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 or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY /s/Helen R. Brosnahan March 21, 2017 By __________________________________________ Assistant County Attorney/Date Georg Fischer or successor, Director KS-16-243-006 Environmental Resources Department County Board Res. No. 16-______ Date of Signature: ___________________________ CITY OF MENDOTA HEIGHTS By __________________________________________ Neil Garlock or successor, Mayor Date of Signature: ___________________________ By __________________________________________ Lorri Smith or successor, City Clerk Date of Signature: ___________________________ page 17 DATE: March 28, 2017 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Out of Metro Area Travel Request for Conference INTRODUCTION The Mayor and Council are asked to approve attendance at a State conference for the City Administrator, to be held May 1-3, 2017. BACKGROUND City policy requires that the City Council approve any travel to a location out of the metropolitan area for city employees. I am asking your approval to attend the Minnesota City /County Management Association (MCMA) annual conference in Nisswa, Minnesota, May 1st-3rd. This is a conference that I try to attend each year. The program is geared for City and County managers, and management assistants. BUDGET IMPACT The estimated expenses to attend, including conference registration and lodging, is $770. Travel costs are part of my vehicle allowance, and so do not add to the expense. The 2017 Administration budget has funding for this conference. RECOMMENDATION I ask that the Council approve a motion to approve my attendance at the MCMA Conference. ACTION REQUIRED If the Council concurs, it should, by motion approve attendance for the City Administrator at the MN City/County Management Association annual conference May 1-3, in Nisswa, Minnesota. Approval of this action requires a majority vote of the City Council. Mark McNeill, City Administrator page 18 page 19 page 20 page 21 page 22 page 23 page 24 page 25 REQUEST FOR COUNCIL ACTION DATE: March 28, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Mendota Plaza Access Roads to be designated as Private Streets COMMENT: INTRODUCTION The Council is asked to approve street names to be used in the Mendota Plaza site. BACKGROUND The City of Mendota Heights is the addressing authority for properties within its municipal boundaries. DISCUSSION City Council approved an expansion of the Mendota Plaza site which includes the addition of a large residential apartment building. The properties within the Mendota Plaza site currently have Highway 110 addresses. The developer of the residential component of the site, At Home Apartments, has requested an address that is not based on a state highway. In addition, the State of Minnesota has been considering changing the name of Highway 110 to Highway 62 at some point in the future, which would then cause another need to rename the property. Mendota Mall Associates has suggested naming the east-west access road to North Plaza Drive and the north-south access road to South Plaza Way. There is some concern that that name might get confused with South Plaza Drive. Naming the access roads would allow the apartments and businesses to have an address not associated with a state highway. A map of the layout is attached. BUDGET IMPACT None to the City. Signage responsibilities are that of the developer. RECOMMENDATION Staff recommends the access roads be designated as private streets, and determine names. ACTION REQUIRED If Council desires to implement the Staff recommendation, pass a motion approving the designation of street names as North Plaza Drive, and South Plaza Way for the new streets in Mendota Plaza. page 26 page 27 DATE: March 28, 2017 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Approve Plans and Authorize Advertisement for Bids for the Mendota Heights Road & Kensington Street Improvement Project (Project No. 201409 & 201616) COMMENT: INTRODUCTION The purpose of this memo is to request that the Council approve the plans and specifications and authorize and advertisement for bid for the Kensington Neighborhood Improvements (201409) and the Mendota Heights Road Street Improvements (201616). They are combined into the Mendota Heights Road & Kensington Street Improvement Project. BACKGROUND The preparation of feasibility reports for the Kensington Neighborhood Improvement Project & the Mendota Heights Road Street Improvements, , was authorized by the Mendota Heights City Council by adopting Resolution 2016-79 & 2016-80 at the city council meeting held on November 1, 2016. The Minnesota Statute 429 process is required because the city council intends to assess a portion of the project. The feasibility reports for the Kensington Neighborhood Improvement Project & the Mendota Heights Road Street Improvements were accepted by the Mendota Heights City Council. The Council called for a Public Hearing on February 7, 2017 by adopting Resolution 2017-05 & 2016-06 at the January 3, 2017, city council meeting. The recommendation in the feasibility report was to proceed with this project. This project includes rehabilitation to Bedford Court, Claremont Drive (reconstruction), Concord Way, Lockwood Drive, Stockbridge Road and Whitfield Drive and rehabilitation to Mendota Heights Road from Lexington Avenue to Dodd Road (Highway 149) and Condon Court. Sanitary Sewer is proposed to be extended to Condon Court. Trail Rehabilitation is proposed through a mill & overlay. Council ordered the Kensington Neighborhood Improvement Project & the Mendota Heights Road Street Improvements at their February 7, 2017 meeting. Staff was directed to prepare plans and specifications for this street reconstruction project. DISCUSSION Street Reconstruction – Claremont Drive Proposed improvements for Claremont Drive will include 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 salvaged reclaimed pavement material. It will also include a new gravel base, curb and gutter replacement, storm sewer extension and catch basin repair. Street Rehabilitation – Bedford Court, Concord Way, Lockwood Drive, Stockbridge Road, and Whitfield Drive Proposed improvements for Bedford Court, Concord Way, Lockwood Drive, Stockbridge Road, and Whitfield Drive will include the reclamation of the existing bituminous roadway and the placing of a 2.5” bituminous base course. It will also include a 1.5” bituminous wear course over the reclaimed pavement material, curb and gutter repair, and catch basin repair. Street Rehabilitation – Mendota Heights Road Proposed improvements for Mendota Road will include the reclamation of the existing bituminous roadway and the placing of a 3” bituminous base course and a 2” bituminous wear course over the reclaimed pavement material, curb and gutter repair, sanitary sewer extension and catch basin repair. Street Rehabilitation – Condon Court Proposed improvements for Condon Court will include 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. The sanitary sewer extension mentioned previously is proposed to serve Condon Court. A proposed development on Condon Court would be responsible for 5/6th of the sewer cost. The remaining property on Condon Court would be responsible for the remaining 1/6th of the cost. Trail Improvements Proposed improvements to the existing Mendota Heights Road trail include milling & overlaying the existing bituminous surface with 2” bituminous pavement. A trail extension is proposed near Lexington Avenue to provide a safer crossing. Pedestrian curb ramps will be constructed at the each end of the trail, as well as on every crosswalk location on Mendota Heights Road trail with truncated dome detectible warning systems. Pedestrian curb ramps will also be constructed at the each end of the trail on Stockbridge Road with truncated domes. The domes will bring the pedestrian ramps into compliance with the Americans with Disabilities Act (ADA). BUDGET IMPACT The total estimated cost of the project is $2,533,877. This number is reduced from the preliminary estimate of $3,007,205 which was presented at the February 7th Public Hearing. Material quantities have been adjusted from the initial figures provided by Stantec, the City’s consulting engineer for the project. In addition, an error was identified with the bituminous base course listed for Mendota Heights Road; this item used a thickness of 4.5 inches versus 3 inches, which inflated the quantity by 50%. That issue alone reduces the original estimate by $110,000. In addition, the allocation for indirect costs (legal, engineering, administration, and finance) was reduced from the initial 25% (which had average of the City’s past rehabilitation/reconstruction project practices), to what we feel is a more realistic 20%. PROJECT COSTS ITEM CONSTRUCTION INDIRECT TOTAL STREET REHABILITATION (Single Family) $227,697 $45,539 $273,236 STREET REHABILITATION (Multi Family) $693,398 $138,680 $832,078 STREET REHABILITATION (MHR) $832,372 $166,474 $998,846 STREET REHABILITATION (CONDON CT) $120,672 $24,134 $144,806 SANITARY SEWER (CONDON CT) $237,426 $47,485 $284,911 Totals $2,111,564 $422,312 $2,533,877 The Mendota Heights Road & Kensington Street Improvement Project is proposed to be financed by special assessments, municipal bonds, and utility funds. Funding sources and amounts are shown below: FUNDING SOURCES* ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS MSA FUNDS UTILITY FUNDS Kensington Multi-Family $832,078 $336,594 $471,076 24,408 Kensington Single Family $273,236 $118,546 $154,690 Mendota Heights Road $998,846 $311,434 $311,350 300,000 76,062 Condon Court Street $144,806 $23,700 $111,326 9,780 Sanitary Sewer $284,911 $284,911 Totals $2,533,877 $1,075,185 $1,048,342 $300,000 $110,250 *Updated from February 7th Public Hearing As a result of discussions with one of the assessees regarding the design, some street quantities on Mendota Heights Road have been shifted to the Sanitary Sewer Extension portion of the project. An additional portion of the street section was removed from the assessable project items to account for the extra width and pavement section required on Mendota Heights Road. Street improvement projects are proposed to be assessed to the benefiting property owners. Pursuant to the City’s Street Rehabilitation and Reconstruction Policy adopted by the city council on June 16, 1992, the Mendota Heights Road & Kensington Street Improvement Project is proposed to be assessed to the benefiting property owners as follows: • All units with a driveway located on a street in the project area in the single family home portion will be assessed as a street rehabilitation per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on a street in the project area in the multi family home portion will be assessed as a street rehabilitation per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on Mendota Heights Road will be assessed as a street rehabilitation per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on Condon Court will be assessed as a street rehabilitation per the Street Rehabilitation and Reconstruction Policy. • All units with a driveway located on Condon Court will be assessed a sanitary sewer charge for 100% of the project costs for that improvement. • City costs include curb and gutter replacement, storm sewer, trails and appurtenant work. The following tables show the estimated unit assessments based on the City policy and proposed unit assessments that are being recommended by staff. ASSESSMENT CALCULATIONS - STREET REHABILITATION – MULTI FAMILY HOME Assessable Costs $673,188.40 Assessment $336,594.20 50% Assessable Units 288 Estimated Unit Assessment per City Policy $1,168.73 $336,594.24 50% Proposed Unit Assessment $1,168.73 $336,594.24 50% Proposed Unit Assessment in Feasibility Report $1,318.92 $379,850.00 50% ASSESSMENT CALCULATIONS - STREET REHABILITATION – SINGLE FAMILY HOME Assessable Costs $237,092 Assessment $118,546 50% Assessable Units 33 Estimated Unit Assessment per City Policy $3,592.30 $118,546.00 50% Proposed Unit Assessment $3,592.30 $118,546.00 50% Proposed Unit Assessment in Feasibility Report $3,950.00 $130,350.00 45% ASSESSMENT CALCULATIONS - STREET REHABILITATION – MENDOTA HEIGHTS RD Assessable Costs $622,868 Assessment $311,434 50% Assessable Units 5727 FT Estimated Unit Assessment per City Policy $54.38/FT $311,434.00 50% Proposed Unit Assessment $54.38/FT $311,434.00 50% Proposed Unit Assessment in Feasibility Report $102.28/FT $585,778.50 50% ASSESSMENT CALCULATIONS - STREET REHABILITATION – CONDON COURT Assessable Costs $120,944 Assessment $60,472 50% Assessable Units 6 Estimated Unit Assessment per City Policy $10,078.67 $60,472.02 50% Proposed Unit Assessment $3,950.00 $23,700.00 20% Proposed Unit Assessment in Feasibility Report $3,950.00 $23,700.00 20% ASSESSMENT CALCULATIONS – SANITARY SEWER – CONDON COURT Assessable Costs $284,911 Assessment $284,911 100% Assessable Units 6 Estimated Unit Assessment per City Policy $47,485.17 $284,911.02 100% Proposed Unit Assessment $47,156.77 $282,940.62 99% Proposed Unit Assessment in Feasibility Report $47,156.77 $282,940.62 100% FRONT FOOTAGE ASSESSMENT CALCULATIONS Entity Total Frontage (FT) Total Assessment Feasibility Amount Patterson Dental 883 $48,017.54 $90,313.24 St. Thomas Academy 2800 $152,264.00 $286,384.00 Visitation Monastery 2044 $111,152.72 $209,060.32 Assessment Policy At the February 7th Public Hearing, the Mendota Heights Road portion of the project was proposed to be assessed using a front footage assessment per the Mendota Heights Street Reconstruction and Rehabilitation Policy. However, at a subsequent work meeting with the City Council, it was noted that the Mendota Heights Road portion of the project shares similarities with the 2016 Mendota Road/Warrior Drive project, in that a school occupies a large portion of the special assessments. The method used to calculate assessments for Henry Sibley took the front footage and divided that length by 100 feet (standard city lot frontage) to determine a residential equivalent of the property. An argument could be made that the schools of the Convent of Visitation and St. Thomas Academy, being zoned residential, should receive the same assessment method. Therefore, although no formal action needs to be taken on the assessment format tonight, staff should be directed on the preferred method for preparation of the assessment hearing scheduled for October, 2017. If council chooses to assess the schools with the same method used for Henry Sibley, the funding would sources and assessments would look like this: FUNDING SOURCES ITEM COST ESTIMATE ASSESSMENT MUNICIPAL BONDS MSA FUNDS UTILITY FUNDS Kensington Multi-Family $832,078 $336,594 $471,076 24,408 Kensington Single Family $273,236 $118,546 $154,690 Mendota Heights Road $998,846 $269,218 $353,566 300,000 76,062 Condon Court Street $144,806 $23,700 $111,326 9,780 Sanitary Sewer $284,911 $284,911 Totals $2,533,877 $1,032,969 $1,090,558 $300,000 $110,250 FRONT FOOTAGE ASSESSMENT CALCULATIONS Entity Total Frontage (FT) Total Assessment Patterson Dental 883 $48,018.00 St. Thomas Academy 2800 = 28 R.E. $110,600.00 Visitation Monastery 2792 = 28 R.E. $110,600.00 The assessment method for Patterson Dental is not proposed to change as their property is not zoned residential. However, due to the reduction in estimated quantities, the proposed assessment for Patterson Dental would be reduced from $90,313 to $48,018. The feasibility report also subtracted out the area of the roundabout from the footage calculation of Visitation Monastery. If a Residential Equivalent assessment is preferred, staff recommends the entire frontage of the lots be included in the assessment calculations. The recommendation to include the frontage back in would be to equalize the assessments to the schools as they were both contributors to the roundabout construction. This may require an amendment to the feasibility report. RECOMMENDATION Staff recommends that the council approve the plans and specifications for the Mendota Heights Road & Kensington Street Improvement Project, and authorize the advertisement for bids. The Council is also asked to give direction regarding the assessment method for the two schools on Mendota Heights Road. ACTION REQUIRED If city council wishes to implement the staff recommendations, pass a motion adopting A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MENDOTA HEIGHTS ROAD & KENSINGTON STREET IMPROVEMENTS (PROJECT #201409 & 201616). It should also give direction regarding the assessment methods for the schools on Mendota Heights Road. These actions requires a simple majority vote. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2017-28 A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE MENDOTA HEIGHTS ROAD STREET IMPROVEMENT (PROJECT #201409 & 201616) WHEREAS, the Public Works Director reported that the proposed improvements and construction thereof were feasible, desirable, necessary, and cost effective, and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed the Public Works Director to proceed with the preparation of plans and specifications thereof; and WHEREAS, the Public Works Director has prepared plans and specifications for said improvements and have presented such plans and specifications to the City Council for approval. NOW THEREFORE BE IT RESOLVED; by the Mendota Heights City Council as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved by the City. 2. That the Clerk with the aid and assistance of the Public Works Director be and is hereby, authorized and directed to advertise for bids for said improvements all in accordance with the applicable Minnesota Statutes, such as bids to be received at the City Hall of the City of Mendota Heights by 10:00 A.M., Wednesday, April 26, 2017, and at which time they will be publicly opened in the City Council Chambers of the City Hall by the Public Works Director, will then be tabulated, and will then be considered by the City Council at its next regular Council meeting. Adopted by the City Council of the City of Mendota Heights this twenty-eighth day of March 2017. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST _________________________ Lorri Smith, City Clerk Q -a cti O 2 N O) N O r t c O L L c3 O 13 13) C % w 2 o N Date: 3/23/2017