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2018-03-20 Council packetCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA March 20, 2018 – 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 6, 2018 City Council Minutes b. Approval of Temporary On-Sale Liquor License for St. Thomas Academy, April 20-21, 2018 c. Award Bid for 2018 Street Sweeping d. Approval of Out of State Travel – Fire Department e. Approval of Training – Police Department f. Approval of Ordinance 520 – Water Availability Charge g. Approval of Part-Time Receptionist Hire h. Approve February 2018 Building Activity Report i. Approval of Claims List 6. Public Comments *See guidelines below 7. Presentations a. Tobacco Free Alliance Regarding Flavored Tobacco b. ISD 197 School Referendum presentation 8. Public Hearing - none 9. New and Unfinished Business a. Contract for Maintenance Repairs at Rogers Lake Skate Park b. Set meeting date for Joint City Council and Parks-Recreation Commission Work Session 10. Community Announcements 11. Council Comments 12. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at the presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 2018 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 7:00 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor 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. Councilor Petschel moved adoption of the agenda. Councilor 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. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items d.) Approve Resolution 2018-19 Accept Bids and Award Contract for the Ivy Hill Park Pond Improvements. a. Approval of February 20, 2018 City Council Minutes b. Approval of February 22, 2018 Council Work Session Minutes c. Acknowledge January 23, 2018 Planning Commission Minutes d. Approve Resolution 2018-19 Accept Bids and Award Contract for the Ivy Hill Park Pond Improvements e. Approval of Claims List Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 3 PULLED CONSENT AGENDA ITEM D) APPROVE RESOLUTION 2018-19 ACCEPT BIDS AND AWARD CONTRACT FOR THE IVY HILL PARK POND IMPROVEMENTS Councilor Miller asked what the desired outcome was for this project. Public Works Director Ryan Ruzek replied that staff was hoping to restore the pond to its original design elevations so it can provide treatment for the water entering it. Currently, the pond has filled up with sediment. An orifice plate would be added so smaller amounts of rain water will stay in the pond longer and provide some additional treatment. Councilor Miller asked how staff is measuring its effectiveness. Mr. Ruzek answered that staff would monitor the pond in the future. The City typically does not do quality monitoring of the local ponds. Councilor Paper asked what would be done with the spoils. Mr. Ruzek replied that staff would discuss options with the contractor at the pre-construction meeting. They have an option to spoil 500 of the 1200 yards that are being removed on the north end of the project. There is a low area there that is ponding water and has drowned out a couple of trees. If this is not feasible, then the contractor would be required to remove the material. Councilor Paper asked if this would change the pricing. Mr. Ruzek replied that the pricing would most likely be the same. Councilor Petschel moved to adopt RESOLUTION 2018-19 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IVY HILLS PARK POND IMPROVEMENT PROJECT (201709). Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) ROGERS LAKE WATER QUALITY REPORT - SAINT THOMAS ACADEMY Public Works Director Ryan Ruzek introduced Mr. Tony Kinzley, Advanced Placement Environmental Sciences Instructor at Saint Thomas Academy. Mr. Kinzley introduced four students to present their findings of the Rogers Lake Water Quality research. Since 1993, the overall trend of the lake has been improving. The 2018 Overall Rating was at its historical best. The areas of continued focus are for residents to maintain a buffer zone – do not mow all the way to the lake; responsible fertilizer use; and pick up organic materials – pet waste, yard waste, and goose feces. Councilor Miller asked if the turbidity rate had any influence on the desired water temperature. The response was that the turbidity rate, since it changed so little, probably did not have a huge impact on the water temperature. It is more likely due to the amount of water in the shade and in the sun. page 4 Councilor Petschel asked Public Works Director Ryan Ruzek, in regards to the residences in the area, if there were any left with a drain field. Mr. Ruzek replied that all of the properties around the lake are on city sewer systems. Councilor Petschel noted that the city does televising of the sewer lines on a regular basis and cleaning, relining, and maintaining them as necessary; thereby assisting in keeping the city’s lakes and ponds clean. The city has also installed barrier curbs to funnel the water into the storm sewer. Councilor Petschel asked if there was a way, in terms of the total solids, to differentiate between soil erosion, organic waste input, and road salt. Mr. Kinzley replied that the turbidity is the clarity of the water and total solids are the suspended and dissolved solids – including the clarity part but also road salts. If total solids are bad and turbidity is good, it means it is a road salt issue. Councilor Petschel asked if there was anything that could be done to address the number of geese in the area. Mr. Kinzley replied that the geese are not affecting the lake. The 2016 fecal coliform reading of 0.0 col/100ml is almost unheard of, and the 2017 reading of 0.8 col/100ml is essentially the same. This is because of the buffer zones which prevent this fecal matter from entering the lake. Councilor Paper asked if there has been any outreach to property owners that do not have a buffer zone. Mr. Kinzley replied that they have not done that for a few years. Councilor Paper asked if the students involved in this class have a say in the school’s fertilizer program. Mr. Kinzley replied that they have not gotten into that; however, it is a good idea. Mr. Paul Solmon, Director of Facilities at Saint Thomas Academy, stated the Academy only fertilizes the athletic fields; which virtually all drain to the south. Councilor Paper asked if the class kept to a pretty specific time range for their tests year over year. Mr. Kinzley replied in the affirmative. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) ONE YEAR REVIEW OF DOMESTIC CHICKENS ORDINANCE Community Development Director Tim Benetti explained that in March 2017, the City Council adopted Ordinance No. 508 – Regarding the Keeping of Domestic Chickens, and asked for a review after one year. The fee for a domestic chickens permit is $25, with an annual $25 renewal fee. Since its adoption, the City has received more than ten inquiries and has officially approved five permits. Mr. Benetti inspected all five permit holder’s properties and found that all of the coops were in good condition. No violations were noted. Mr. Benetti reviewed the regulation requirements including a limit of 4 chickens, roosters are prohibited, slaughtering of chickens is prohibited, no sale of eggs, eggs are for personal consumption only, chickens cannot be raised or kept for fighting, food materials stored outside must be in a closed container with a lid, page 5 coops must be maintained in a clean and sanitary condition, fecal waste shall be removed to prevent odors and must be double bagged and disposed of, chickens shall not be kept in a manner to cause a public nuisance, and any chicken coop and run authorized under this section may be inspected at any reasonable time by Zoning Administration, the animal warden, or their designee. Some of the feedback the City has received includes requests to allow for the composting of chicken waste, increasing the limit to six chickens, reducing the permit fee, consideration of a larger size allowance for a coop or a larger coop/shed combination, objection to inspection of the coop without the homeowner’s permission. Councilor Miller asked how many complaints had been received in the last year regarding chickens? Mr. Benetti replied that no complaints have been received. Councilor Miller pointed out the ordinance language “... The animal warden or any police officer may enter the premises where any animal is kept in a reportedly cruel or inhumane manner . . .” and asked if the city had not received any complaints, why staff did not work with the homeowners to schedule the inspections. He also asked what the annual cost is to license a dog. Staff replied that the license fee for a neutered or spayed dog is $10/annually or $15/annually for a non-neutered or non-spayed dog. Councilor Miller stated that the $25/annual fee for chickens seems to be excessive. Councilor Petschel stated that the license fee for a dog does not include an inspection of where the pet lives; however, the keeping of chickens requires an annual inspection and the higher priced fee would cover the cost of staff time. Councilor Miller then asked how much staff time was put into the annual inspections. Mr. Benetti replied that it took him approximately four hours to inspect all of the sites and complete the follow-up work. Councilor Paper asked if it was necessary to inspect annually going forward since the results of this first year were so positive. Mr. Benetti expressed his agreement but would do whatever the Council decided. However, he would like to be able to inspect a property without causing undue angst from the property owner. Mayor Garlock stated that if Mr. Benetti feels comfortable inspecting only upon receipt of a complaint, then that would be fine with him. He suggested that for a first-time permit holder, a one-year inspection should be completed, then inspect on a complaint basis only. The Councilors expressed their agreement to that suggestion. Councilor Petschel expressed concern about allowing the composting of the chicken manure. In the literature she has read, if composting is taking place and the weather gets very hot or rainy, there can be a considerable odor. She is also concerned with the risk of salmonella. Even the Center for Disease Control acknowledges this risk. The City of Eagan requires double bagging for this reason. Councilor Miller stated he appreciates those concerns, however, he believes the permit holders would do their best to mitigate the hazards. From an environmental standpoint, to be able to compost makes sense. Councilor Paper agreed and noted that if composting is not done in a thoughtful and intelligent manner, then there would be complaints and the right to compost could be taken away. Councilor Petschel stated she could only support this if there is language in the ordinance that would give staff the backing they need to enforce the removal of the privilege to compost from that resident. page 6 Mayor Garlock recapped the direction to staff: • Increase the number of allowable chickens from four to six • Reduce the annual permit to $15 per chicken coop • Increase the maximum allowable size of backyard structures with a chicken coop to 200 square feet, with the provision that if the coop use is removed, then the structure must be removed as well. • One year inspection for first-time permit holders and complaint-driven inspections thereafter. • Composting will be allowed unless there is a complaint Mr. Benetti suggested this ordinance be reviewed by the Council in one year. The Council agreed. Ms. Rachel Quick, 554 Junction Lane, provided a brief update on the experience her family has had since they received their chickens. From the minute the chickens joined her family, it had been a positive experience. The family has learned a lot through the process of getting a coop and a run built. They eagerly waited for their first eggs. They participated in the annual Twin Cities Coop Tour and had approximately 100 people visit their home. She expressed her appreciation for the recommended ordinance changes. A proposed ordinance to update the Code language will be brought back to the Council at a future meeting. B) RESOLUTION 2018-20 APPROVING A CRITICAL AREA PERMIT 1991 HUNTER LANE (PLANNING CASE NO. 2018-03) Community Development Director Tim Benetti explained that Mr. Chris Robichaud, 1991 Hunter Lane, requested a Critical Area Permit to construct an addition to his existing two car garage and single family home. The property is located in the Mississippi River Corridor Area. Mr. Benetti explained that there were no comments received at the public hearing. The Planning Commission recommended approval of the permit with conditions and findings of fact as stated in the resolution. Councilor Petschel asked if there would be any changes to the drainage on the property. Mr. Benetti replied that there would no changes to the drainage. Mr. John Dougherty, 1933 Hunter Lane, stated that he had no complaints about the addition. He explained that currently, when the snow melts, a pond develops between the subject property and his property. He asked what effect this new addition would have on that low area. Public Works Director Ryan Ruzek replied that after looking at the drainage contours, it appears that Mr. Dougherty’s property has a higher elevation than the subject property and there may be some low grades in the area. The applicant’s proposal does not show any improved grading or drainage in that area. Mr. Dougherty pointed out a Norway pine tree that is located on the property and asked if it would remain. Mr. Ruzek replied that the proposal shows that he is not going to disturb that tree. Mayor Garlock moved to adopt RESOLUTION 2018-20 APPROVING A CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1991 HUNTER LANE (PLANNING CASE NO. 2018-03). Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) page 7 C) RESOLUTION 2018-21 DENYING A VARIANCE REQUEST FOR SHIRLEY HETHERINGTON AT 2144 THERESA STREET (PLANNING CASE NO. 2018-04) Community Development Director Tim Benetti explained that Ms. Shirley Hetherington, 2144 Theresa Street, requested a variance to build a single-car garage addition to an existing two car attached garage structure. This addition would reduce the setback along the north side of the dwelling to seven feet from the north property line. Under the city’s zoning standards, a ten foot side-yard setback is required. Mr. Benetti shared images of the subject property which shows the house is centered on the lot. Currently, all setbacks meet city code requirements. Ms. Hetherington is requesting to build a 9 x 22 foot addition on the north end of the existing two-car garage and expand the driveway. This would decrease the setback from the current 16 feet to 7 feet; thereby creating a 3 foot encroachment. Mr. Benetti explained that the city applies a ‘practical difficulty’ standard when considering variances. The Council has the right to grant a variance based on what they determine to be ‘practical difficulties’. The three point test is: • Can the property be used in a reasonable manner • Is the plight due to circumstances unique to the property and the variance would not alter the general characteristics or essential character of the neighborhood • Economic considerations alone do not constitute practical difficulty He said that these are guidelines and they do not all have to be met. However, actions by the Council must be constitutional, rational, and in some way related to protecting the health, safety and general welfare of the community. Any impacts on traffic; light and air; danger of fire, risk, or safety to the public safety; the effect on the value of properties in the surrounding area; and the affect of the proposed variance upon the Comprehensive Plan must be considered. Staff believed that there would not be any impacts to the neighboring property, felt it would be considered a reasonable request, and indicated that this request was unique because if the house had been originally built slightly to the south, then this variance would not be required. Since the original builder centered it on the lot, it created a unique situation for the current property owner. Mr. Benetti also pointed out that Ms. Hetherington obtained permission from all of her neighbors and they all are in support of this application. The Planning Commission did recommend denial by a vote of 6-1 on the fact that, in their opinion, this request did not meet the ‘practical difficulties’ test. Councilor Petschel asked City Attorney Tom Lehmann to explain the change in the law and what the standards are for giving a variance. Mr. Lehmann explained that what Mr. Benetti indicated is the correct standards for practical difficulties. Prior to 2011, the statute talked about the undue hardship, which was creating a lot of problems for municipalities. There is still a three-pronged test where the Council has to find that there is reasonableness, uniqueness, and does not change the essential character of the neighborhood. The overall idea is the statute gives the city a little more discretion to make these kinds of decisions. He believed that under these circumstances, it seems like this is a reasonable request where Council could grant the variance in this situation. page 8 Councilor Petschel stated that it is important that everybody who appears before the Council is treated the same. Attorney Lehmann replied that with a variance, there will always be unique factors with each request. The bottom line is that they have to meet the three prong test. That is why the courts require the city to approve a resolution that outlines the findings of fact and the conditions. Councilor Petschel noted the challenge with this lot was the way the builder chose to center the home on the lot. This is a standard size lot and a variance should not be necessary. She suggested a statement for the findings of fact– ‘circumstances unique to the property not caused by the landowner’. Mr. Benetti shared the original Fact #2 “The Applicant has demonstrated a reasonable and practical difficulty for allowing a reduced setback standard in order to construct a new garage addition, which will be in compliance with all other applicable codes”. Councilor Petschel asked that this Fact be more specific and reference the initial siting of the home on the lot creates a unique circumstance not created by the current homeowner. Mayor Garlock moved to adopt RESOLUTION 2018-21 APPROVING A VARIANCE TO ALLOW REDUCED SETBACKS FROM SIDE-YARD SETBACKS FOR THE PROPERTY LOCATED AT 2144 THERESA STREET (PLANNING CASE NO. 2018-04). Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilor Petschel suggested that at a future Planning Commission meeting, Attorney Lehmann review the law change and what the standards are for approving a variance so the Commission is very clear on it. Mr. Benetti replied that Attorney Lehmann has been invited to the March 27, 2018 meeting. D) RESOLUTION 2018-22 APPROVE CONDITIONAL USE PERMIT AND WETLANDS PERMIT REQUEST FOR MCDONALD’S AT 2020 DODD ROAD (PLANNING CASE NO. 2018-05) Community Development Director Tim Benetti explained this request from McDonald’s USA, LLC, for a Conditional Use Permit (CUP) and Wetlands Permit to remodel and construct a new small building addition to the existing McDonald’s restaurant site located at 2020 Dodd Road. He shared the requirements for a Conditional Use Permit and a Wetlands Permit. He also shared images of the current site and noted that it is a 2.26 acre site. This site is not part of the Plaza PUD and so is not subject to that; it is still under the B-4 Shopping Center District. The restaurant is surrounded by the BP Gas Station Auto Service, a shopping center, Walgreens, and The Reserve at Mendota Village apartments. McDonald’s is currently a 4,232 square foot restaurant with 61 parking spaces. The original CUP for the restaurant was approved in October 1975. A second CUP was approved in December 1993 for an outdoor cashier’s booth and drive through, which was never built. Essentially they would remove and replace the entire exterior finishes and materials of the facility and perform a full remodel of the interior area, including dining, food preparation/service, and restrooms. They would also like to add a small addition for a freezer/cooler. There would be no change to the signage at this time. They also plan to replace the bituminous trail from the site to Dodd Road with a concrete walkway. page 9 Mr. Benetti shared the requirement for the number of parking spaces (one space for each 15 square feet of gross floor area of the building) and noted that the current 61 spaces falls short of that requirement of 283 stalls. However, staff was unsure if this standard was in effect when the building was constructed. He suggested that since there does not appear to be any parking problems on the site, that the reduced number of spaces be grandfathered in. Because of the drive-thru area and the proximity of The Reserve apartments being built to the east, as part of the screening or diffusing of noise from the intercom system, staff did ask for some new plantings and the applicant has provided trees as part of a planting plan. A wetlands permit was required because the work on the backside of the property is within 100 feet of the wetland area. However, because there would be no impact to the wetland feature, staff has no conditions or added comments at this time. Councilor Paper asked, if the city is worried about diffusing noise on the eastern side of the lot, why the proposal to plant over-story trees? Mr. Benetti replied that he would work with the applicant to come up with a more desirable solution. Councilor Petschel asked if the exterior brick would match the brick used at The Plaza? Mr. Benetti replied that the brick was to be brown in color but he did not know if it would match. Councilor Petschel recommended this be suggested to McDonald’s. Councilor Petschel moved to adopt RESOLUTION 2018-22 APPROVING A CONDITIONAL USE PERMIT AND WETLANDS PERMIT FOR MCDONALD’S PROPERTY LOCATED AT 2020 DODD ROAD (PLANNING CASE NO. 2018-05). Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilor Petschel suggested that the Council look at the zoning code in regards to the parking regulations, before it comes up again. E) RESOLUTION 2018-23 APPROVING A CRITICAL AREA PERMIT REQUEST FOR PRECISION HOMES AT 796 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE NO. 2018-06) F) RESOLUTION 2018-24 APPROVING A CRITICAL AREA PERMIT REQUEST FOR PRECISION HOMES AT 1224 WACHTLER AVENUE (PLANNING CASE NO. 2018-07) Community Development Director Tim Benetti explained that these requests were for Critical Area Permits for properties located at 796 Sibley Memorial Highway and 1224 Wachtler Avenue. There used to be one residence on these two lots. However, that home has been removed and the property is now considered two separate lots. The lots are legally described as Lot 6 and Lot 7, Goodrich Happy Hollow. Lot 6 is 1.08 acres in size and Lot 7 is 1.19 acres. Lot 6 will remain as 796 Sibley Memorial Highway and Lot 7 has been identified as 1224 Wachtler Avenue. page 10 There are no changes to the topography of the lots and no impacts to the bluff line. The new home proposed for 796 Sibley Memorial Highway would be located 100 feet from Sibley Memorial Highway, 19.3 feet from the north lot line, 13.6 feet from the south lot line, and well over 300 feet from the back lot line. This would be a 2,440 square foot home, have cedar vertical and horizontal siding, natural stone and stucco. The new home proposed for 1224 Wachtler Avenue would have a 10 foot setback along the north, 25 foot setback from the south, and 100 foot setback from Wachtler Avenue, and meets all setback requirements. This home would be constructed of natural stone and stucco. There are some trees located on the sites that are proposed to be removed. As part of the conditions of approval, there is a 10 tree per lot replacement plan. Mr. Benetti noted some surface water management issues on these lots. Precision Homes has proposed to install a retaining wall of natural stone and a drainage way to take the drainage from the back side and filter it down to the west towards Wachtler. Mr. Ruzek will work with Precision Homes to remedy the situation. Mayor Garlock moved to adopt RESOLUTION 2018-23 APPROVING CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 796 SIBLEY MEMORIAL HIGHWAY (PLANNING CASE NO. 2018-06). Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock moved to adopt RESOLUTION 2018-24 APPROVING CRITICAL AREA PERMIT FOR PROPERTY LOCATED AT 1224 WACHTLER AVENUE (PLANNING CASE NO. 2018-07). Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) G) RESOLUTION 2018-25 APPROVING LOT SPLIT AND VARIANCE FOR PATTERSON DENTAL & ST. THOMAS ACADEMY AT 1031 & 949 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2018-08) Community Development Director Tim Benetti explained the request from Patterson Dental Company and St. Thomas Academy, to adjust a lot line between the two properties to resolve an encroachment that has been in existence for a number of years. Mr. Benetti shared an image of the existing ballfield location and its proximity to Patterson Dental. The requested lot line adjustment does not create any buildable lots, however, it does require a variance for Patterson Dental for a reduction to the parking setback standards. The survey indicated that this is a 6 foot strip of ground running 1254 feet from the south end to the north end of Patterson Dental’s lot. According to the standards, whenever any Business or Industrial District Use abuts a Residential District, which St. Thomas Academy is located in, it is required to have a 20 foot setback from the front and a 10 foot setback from the side. Currently, the parking lot is 14 feet from the existing lot line. After the removal of the 6 foot wide strip, that setback would be reduced to an 8 foot setback. Staff believes that this variance request meets all of the tests for approval. page 11 Councilor Petschel asked for confirmation that the practical difficulty in this situation would be the cost for removing the long-standing cement structures and fencing that has been there for so long would be high. Mr. Benetti confirmed. Councilor Petschel asked how the lot line issue was discovered. Mr. Paul Solmon, Director of Facilities for St. Thomas Academy, stated that they updated their survey in 2008. In 2009, Patterson’s Director of Facilities, St. Thomas’ Business Manager, the St. Thomas Athletic Director, and Mr. Solmon met and realized there was a problem. Fundamentally, this goes back to the 1960’s. Councilor Petschel moved to adopt RESOLUTION 2018-25 APPROVING A LOT LINE ADJUSTMENT AND VARIANCE FOR PROPERTIES LOCATED AT 1031 AND 949 MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 2018-08). Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) RECREATON FEE ASSISTANCE PROGRAM Ms. Meredith Lawrence, Recreation Program Coordinator, explained the Recreation Fee Assistance Program for consideration. Currently, the City does not have a fee assistance or scholarship program available. Previous assistance was provided on a case-by-case basis. Staff has researched what other cities and school districts do for their scholarship and fee assistance programs. At the December 2017 Parks and Recreation Commission meeting, staff recommended a program that would be eligible to Mendota Heights residents 18 and under. Those students would need to be on the free/reduced lunch program or have a parent on active duty in the military. Staff recommended a 15% reduction in registration fees and a limit of $100 per child each calendar year. The eligible programs would include skating, gymnastics, summer programs, tennis camp, and golf programs. The 15% reduction is based on what the school district offers for their program. The Parks and Recreation Commission recommended to the City Council a Recreation Fee Assistance Program that would offer an 85% reduction in the registration fee for the first class and then a 50% reduction in the registration for the second class – per child per calendar year. After the second class, additional requests in the same calendar year would not be considered. The Commission did not want to set a budget limit for the program; however, the eligible rec programs were the same as staff recommended. Councilor Paper asked for clarification on the reduction rate. Ms. Lawrence replied that staff had recommended to the Parks & Recreation Commission a 15% reduction; however, the Commission recommended an 85% reduction. She also noted that West St. Paul and most cities use a 50% reduction for their programs. Councilor Paper said he would be most comfortable with 50%. Councilor Petschel stated she is supportive of 50%, and suggested the Council review this program in one year. Councilor Miller concurred with the 50% reduction and reviewing the program in one year. page 12 Ms. Lawrence asked if the Council would recommend 50% off of the first two programs or for an unlimited number of programs. The Council recommended a 50% reduction per class up to $150 limit per child; and a $3,000 total program budget limit. They also recommended the program be reviewed in one year. Councilor Petschel moved to accept the Recreation Fee Assistance Program with the 50% reduction per class up to $150 limit per child; and a $3,000 total budget cap; and to review the program in one year. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) I) HIRE OF POLICE CAPTAIN POSITION Police Chief Kelly McCarthy stated that staff recommends that the Council approve the hiring of Mr. Wayne Wegener, Jr. for the position of Police Captain. Chief McCarthy noted that because she had met previously with several people who were interested in applying for this position, she had had as little to do with this hiring process as possible. All of the applications were filtered through Human Resources. The first round of interviews were conducted by community members who had excessive background, leadership, and supervision experience in their own careers. The second round of interviews included elected officials, members of the department and city staff. Three finalists were selected and each underwent psychological testing. Chief McCarthy stated that the Captain would be required to supervise investigations, administration, and run the Department’s in-house training program as part of the 2018 in-house goals. She said that Mr. Wegener currently holds the rank of Captain and has extensive supervisory experience in front office, investigations, as a member of the DEA Narcotics Task Force, is a graduate of the FBI National Academy as well as Northwestern University, and holds a Master’s Degree from Hamline University in Public Administration. Councilor Petschel moved to approve the hiring of Wayne Wegener, Jr. as Police Captain. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that on March 7, a Pollinator Friendly Practices presentation will take place in the Council Chambers. On March 8, a presentation will be held on Invasive Plant Species and how to identify and manage them. He stated that registration for summer recreation activities is open. page 13 COUNCIL COMMENTS Councilor Petschel recognized Ms. Sophie Redding from Henry Sibley for her remarkable accomplishment of finishing second overall at the State High School gymnastics competition. She complimented Meredith Lawrence on the recently-held Royal Ball event, and the partnership with the cities of West St. Paul and South St. Paul to hold this event. She hopes this opens up more opportunities for partnering with those cities in the future. Mayor Garlock announced that the Officer Scott Patrick Memorial 5K registration is open on the city’s website. Councilor Miller extended a thank you to Mike and Mary Johnson for allowing the firefighters to use their backyard and pond all season to play boot hockey. The bonfire was always lit for the firefighters, and the ice had been shoveled. Councilor Paper reminded everyone of the School District 197 Open House on March 12 at Henry Sibley High School regarding the upcoming bond referendum. He expressed his appreciation to St. Thomas Academy for presenting their Rogers Lake study results. ADJOURN Councilor Paper moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 9:12 p.m. ____________________________________ Neil Garlock, Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 14 DATE: March 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Temporary On-Sale Liquor License for St. Thomas Academy INTRODUCTION Pursuant to State Statutes and Mendota Heights City Code, no person shall sell or give away liquor without first having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are subject to final approval by the Director of Alcohol and Gambling Enforcement. DISCUSSION St. Thomas Academy, located at 949 Mendota Heights Road, is planning to hold their annual Family Fun Night on Friday, April 20th and the Gala on April 21, 2018. They have requested a Temporary On-Sale Liquor License to allow for the sale of alcoholic beverages on those two nights. St. Thomas Academy has submitted a complete application and a certificate of insurance for showing liquor liability for the events. They will have security on duty while liquor is being served. It should be noted that Temporary On-Sale Liquor licenses have been issued in the past to St. Thomas Academy and other charitable, nonprofit and religious organizations within the city with no incidents or negative reports. RECOMMENDED ACTION Staff recommends the City Council approve a Temporary On-Sale Liquor License for St. Thomas Academy for April 20 - 21, 2018 subject to approval of the Director of Alcohol and Gambling Enforcement. page 15 Request for City Council Action MEETING DATE: March 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Terry Blum, Public Works Superintendent SUBJECT: 2018 Street Sweeping COMMENT: Introduction The City Council is asked to award a contract for street sweeping. Background Every spring the City goes out for bid to sweep the city’s streets. Requests for bids were sent out to four contractors that have been interested in bidding in the past. We received two bids and they are as follows: Mike McPhillps, Inc. $87.00 an hour Pearson Bros., Inc. $89.00 an hour Discussion Mike McPhillips has swept the city streets in the past and are good to work with. They will be providing four to six sweepers a day to sweep the streets. City staff will be inspecting all of the streets in advance to determine which streets will actually be swept—with the City-wide reduction in the use of sand (and salt), some areas may not need as much sweeping, if any at all. In 2017, the total cost for sweeping the streets was $14,365.00, for a total of 169 hours over three days. Budget Impact There is $32,000 in the 2018 Budget for street sweeping and striping. Recommendation Staff recommends that the Mendota Heights City Council approve the bid from Mike McPhillips, Inc., the lower bidder, to sweep the streets in 2018. Action Required If Council concurs with the staff recommendation, they should pass a motion awarding the contract to the low bidder, Mike McPhillips, Inc., for their bid price of $87.00 an hour. page 16 Request for City Council Action MEETING DATE: March 20, 2018 TO: Mayor and City Council FROM: Dave Dreelan, Fire Chief SUBJECT: Out of State Travel – FDIC Conference COMMENT: Introduction: This item has been placed on the agenda for your consideration as City policy requires that all out of state travel for City Council and City employees be approved by the City Council in advance. Background: The 2018 Fire Department Instructors Conference (FDIC) is being held April 23, 2018, to April 28, 2018, in Indianapolis, IN. I am recommending that Firefighters Dan Willems and Dan Ober attend the conference. The conference has been attended by firefighters in the past and they have found it to be a very worthwhile event. The training at this conference is specifically designed to help firefighters meet the training challenges for fire departments in today’s ever changing environment. Budget Impact: The Fire Department budgets for the costs of the travel, hotel, meals and registration. The conference registration is $1,040/each, air fare is approximately $300.00/each, meals would be about $162/each and the hotel is approximately $600 for three nights. The costs for the conference is approximately $3,604 for both firefighters. Firefighters who attend will need to take time off from their regular jobs to attend the conference. Recommendation: Staff recommends that the Mendota Heights City Council approve the out of town travel for Firefighters Dan Willems and Dan Ober. Action Required: If the City Council concurs with the recommendation, it should, by motion, authorize Firefighters Dan Willems and Dan Ober to travel out of state to the Fire Department Instructors Conference in Indianapolis, IN. page 17 DATE: March 16th, 2018 TO: Mayor, Council, and City Administrator FROM: Kelly McCarthy, Chief of Police / Emergency Manager SUBJECT: Out of Metro Travel INTRODUCTION: City policy requires approval for staff to attend training out of the metro area. The Council is asked to approve two police department staff members to attend training in Moorhead MN. BACKGROUND: Officer Nick Gorgos and Sergeant Peyton Fleming have requested to attend a five day RAIDER Training through the ALICE Institute. The ALICE Institute is a national organization that teaches school safety procedures and training for responding to hostile event situations. Officer Gorgos and Sergeant Fleming are the department firearms instructors. ALICE Institute RAIDER Training $995 x 2 = $1990 Travel date: May 20th to May 25th, 2018 Location: Moorhead, MN Lodging: Courtyard by Marriot Fargo Moorhead Government rate $93 night $465 x 2 = 930 Meals: GSA maximum rate $51/per day, 5 days x 2 = $510 Mileage: 247 miles one way, 494 miles round trip City Vehicle: 24.7 gallons of fuel at current $2.76 maximum cost = $68.17 Total estimated cost: $3498.17 BACKGROUND: The money is available in the training budget to cover the costs. RECOMMENDATION: Authorize staff to attend the training as a representative of the City of Mendota Heights Police Department. page 18 REQUEST FOR COUNCIL ACTION DATE: March 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Ordinance 520 – Water Availability Charge COMMENT: INTRODUCTION The Council is asked to approve Ordinance 520 which will eliminate the Water Availability Charge. BACKGROUND Mendota Heights adopted City Code Title 10, Chapter 5 Section 3 in 1981 which established a requirement for all new connections to the city water system to pay a Water Availability Charge (WAC). This value was set at $200 per unit in 1981 and the fee has not been adjusted since its inception. The WAC program was adopted for the purpose of paying for the maintenance and improvement of the total municipal water system. That included the costs of supply, storage, treatment, mains, trunks and other appurtenances. WAC charges were made to every parcel of land which connected to the municipal water system, or had additional living units or had commercial renovation constructed upon parcels that were already connected to the municipal water system. However, Mendota Heights transferred ownership of this system to the Saint Paul Regional Water Authority (SPRWA) in 2016, and is therefore no longer responsible for the purposes laid out above. Therefore, there is no need for the City to continue to collect WAC fees. The City of Mendota Heights will continue to collect a five percent (5%) surcharge on all water utility bills which funds the Water Utility. The Water Utility fund is used to pay for water related improvements not covered under the agreement with SPRWA. BUDGET IMPACT Water Availability Charges are not projected as revenue within the Water Utility fund, so ihe elimination would therefore not have an effect on budgeting. Charges are only collected from new connections to the water system, which varies depending on applications for new construction. page 19 RECOMMENDATION Staff recommends eliminating the WAC charge, and that the Council do so by approving Ordinance 520. ACTION REQUIRED If City Council wishes to implement the staff recommendation, it should pass a motion adopting Ordinance 520 - AN ORDINANCE AMENDING TITLE 10, CHAPTER 5, SECTION 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING THE CITY WATER AVAILABILITY CHARGE. This action requires a simple majority vote. page 20 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 520 AN ORDINANCE AMENDING TITLE 10, CHAPTER 5, SECTION 3 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING THE CITY WATER AVAILABILITY CHARGE The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. Title 10-5-3 is hereby amended as follows: 10-5-3: WATER AVAILABILITY CHARGE: A. Purpose And Intent: For the purpose of paying for the establishment, obtainment, construction, reconstruction, repair, replacement, depreciation, enlargement, maintenance, and improvement of the total municipal water system, including, but not limited to, the cost of supply, storage, treatment, mains, trunks and other appurtenances, it is hereby determined by the city council that charges, in accordance with the schedules hereinafter provided, shall be paid to the city, as set forth hereinafter, by every residentially zoned lot, piece or parcel of land connecting to the municipal water system, or additional living units constructed upon land already connected to such system, and that said charges shall be deemed to be a water availability charge. (1981 Code 807 § 1; amd. Ord. 495, 4-19-2016) B. Definitions: BASIC EQUIVALENT UNIT: The following classifications of property according to the use made thereof are hereby established for determining the basic equivalent unit charge to be made: 1. Group One: Each detached dwelling single-family living unit, each townhouse unit and each duplex unit shall constitute one "basic equivalent unit". 2. Group Two: All other living units, including apartments, condominiums and any other attached living units. Each such living units shall constitute eighty percent (80%) of the "basic equivalent unit". WATER AVAILABILITY CHARGE: The total amount of charges against a lot, piece or parcel of land to be paid to the city for water availability (exclusive of laterals, trunk lines, service connections and water main extensions), and said total "water availability charge" shall be in accordance with the "basic equivalent unit" charge. (1981 Code 807 § 2; amd. Ord. 495, 4-19- 2016) C. Charge Established: The water availability charge for any connection, whether direct or indirect, hereafter made from a residentially zoned lot, piece or parcel of land shall be two hundred dollars ($200.00) per basic equivalent unit. (1981 Code 807 § 3; amd. Ord. 495, 4- 19-2016) D. Payment Of Charge: Payment of said water availability charge shall be made upon the issuance of a building permit or a water connection permit as the case may be. (1981 Code 807 § 4; amd. Ord. 495, 4-19-2016) page 21 E. Review Of Charge: From time to time, as directed by the city council, a complete fiscal analysis and review of current and projected revenue, capital expansion and projected growth shall be made prior to each major improvement to the municipal water system. Such analysis shall include and take into account changes in the estimated capital costs resulting from inflation or deflection, engineering design, location and alignment of water distribution lines and any other items which have an effect upon the total cost of the municipal water system. Changes or potential changes in land use, zoning, density, rate of growth, interest earned on sinking funds and any other financial consideration or other factors affecting projected revenue of the system shall also be considered. (1981 Code 807 § 5; amd. Ord. 495, 4-19-2016) F. Disposition Of Revenues: All charges collected under this section not specifically pledged to the repayment of a past or future bond issue shall be placed in a separate account. Revenues from time to time received in excess of amounts so pledged may be pledged by resolution of the governing body, or may be used, though not so pledged, for the payment of principal and interest on obligations issued pursuant to Minnesota statutes chapter 429, 444 or 475 for capital improvements, as contemplated by this section, to the municipal water system or for any other purpose permitted under Minnesota statutes chapter 429 or 444. (1981 Code 807 § 6; amd. Ord. 495, 4-19-2016) Reserved This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this twentieth day of March, 2018. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST ___________________________ Lorri Smith, City Clerk page 22 Request for City Council Action DATE: March 20, 2018 TO: Mayor and City Council, City Administrator FROM: Cheryl Jacobson, Assistant City Administrator Kristin Schabacker, Finance Director SUBJECT: Approve Part-Time Receptionist Hire COMMENT: Introduction The City Council is asked to approve the hiring of Kristin Wittrock for the position of Receptionist. Background Staff has completed the recruitment process to fill the part-time Receptionist vacancy and recommends the hiring of Kristin Wittrock for the position. Ms. Wittrock’s background includes experience as a Talent Acquisition Assistant, Volunteer Coordinator and Child Life Specialist. She holds a Bachelor of Science in Human Development and Family Studies from the University of Wisconsin-Stout. A conditional offer has been extended, contingent upon the successful completion of a background check, pre-employment drug screen and approval of the City Council. At this time Ms. Wittrock’s anticipated start date is April 23. Budget Impact The part-time Receptionist position is a budgeted position. Recommendation Staff recommends the City Council approve the hiring of Kristin Wittrock as a part-time Receptionist with an hourly salary of $22.20, which is step 4 of pay grade 3 of the City’s Compensation Plan. Action Required If the Council concurs, it should, by motion, approve the hiring of Kristin Wittrock as Receptionist, effective April 23 and with the pay provisions listed above. page 23 3/5/2018 Mendota Heights Building Activity Report Mike Andrejka, Building Official February 1, 2018 thru February 28, 2018 January 1, 2018 thru February 28, 2018 January 1, 2017 thru February 28, 2017 January 1, 2016 thru February 29, 2016 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 1 467,925.00$ $5,386.84 SFD 3 1,717,925.00$ $18,856.62 SFD 2 505,000.00$ $6,506.78 SFD 1 672,850.00$ 7,325.89$ Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 0 -$ -$ Townhouse 0 -$ $0.00 Townhouse 4 696,000.00$ $8,921.25 Townhouse 2 450,000.00$ $4,516.88 Townhouse 4 1,015,000.00$ 11,653.66$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 21 584,465.77$ 7,025.22$ Misc 49 984,328.82$ 14,011.69$ Misc 48 613,274.08$ 9,396.03$ Misc 41 985,295.00$ 12,223.01$ Commercial 0 -$ $0.00 Commercial 1 50,960.00$ $739.25 Commercial 4 252,895.00$ $3,792.84 Commercial 4 1,025,345.00$ 10,590.39$ Sub Total 22 1,052,390.77$ 12,412.06$ Sub Total 57 3,449,213.82$ 42,528.81$ Sub Total 56 1,821,169.08$ 24,212.53$ Sub Total 50 3,698,490.00$ 41,792.95$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 21 $2,003.43 Plumbing 48 $4,758.65 Plumbing 18 $1,553.20 Plumbing 32 3,207.99$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 1 10.00$ Sewer 5 $375.00 Sewer 12 $900.00 Sewer 8 $613.00 Sewer 5 375.00$ Mechanical 37 $3,685.27 Mechanical 87 397.00$ $8,682.40 Mechanical 52 $6,178.32 Mechanical 66 5,912.93$ Sub Total 63 6,063.70$ Sub Total 147 14,341.05$ Sub Total 78 $8,344.52 Sub Total 104 9,505.92$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 24 $1,200.00 Contractor 173 $8,650.00 Contractor 186 $9,300.00 Contractor 186 9,300.00$ Total 109 1,052,390.77$ 19,675.76$ Total 377 3,449,213.82$ 65,519.86$ Total 320 1,821,169.08$ 41,857.05$ Total 340 3,698,490.00$ 60,598.87$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 24 page 25 page 26 page 27 page 28 page 29 page 30 page 31 page 32 page 33 page 34 Request for City Council Action DATE: March 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Flavored Tobacco COMMENT: Introduction The Council is asked to hear a presentation which proposes to have the City restrict the sale of flavored tobacco products in Mendota Heights. Mary Montagne from Dakota County Public Health will present general information about youth tobacco use and harms. The ALMAS group at Henry Sibley High School, will present information on flavored tobacco products and the opportunity for the City to restrict the sale of flavored tobacco products in Mendota Heights. Background Many tobacco products are now offered in a variety of enticing flavors and in colorful packaging. These products are readily available in many licensed retail stores for purchase and are considered as starter products that promote youth initiation of tobacco use. In an effort to reduce youth access to tobacco products, some cities in Minnesota have now adopted ordinances restricting the sale of flavored tobacco products. Recommendation If after hearing the presentation, the Council would like to pursue amending the Code language to restrict the sale of flavored tobacco in Mendota Heights, staff would immediately notify the license holders and hold an informational meeting with them to answer their questions and hear their concerns. Staff would mail notices to all licensed tobacco establishments in the City to meet the 30-day notification requirement of Minnesota Statute 461.19. Our information is that there are three businesses in Mendota Heights which sell flavored tobacco products. Following the informational meeting, a proposed ordinance would be presented at a future Council meeting for consideration. The Council should discuss if the proposed ordinance should: -prohibit the sale of flavored tobacco products except in adult-only stores (no one under the age of 18 is allowed to enter) -would the restriction exclude menthol, mint, or wintergreen flavored tobacco products Action Required Staff would like direction from the City Council as to whether it wishes to pursue amending City Code Title 3, Chapter 2 Tobacco Sales to prohibit the sale of flavored tobacco products in Mendota Heights. page 35 Flavored tobacco policy information for the Mendota Heights City Council Flavored tobacco products are a leading health concern. • Tobacco use is the leading cause of death and disease in the United States. Flavored tobacco products are no safer than unflavored tobacco products. • Research shows that youth believe flavored tobacco products are less dangerous and less addictive than non-flavored tobacco.i However, they are just as dangerous as cigarettes with the same health risks of cancer, heart disease and chronic obstructive pulmonary disease.ii • Some chemicals used to flavor tobacco and e-cigarettes, such as diacetyl, are known to cause irreversible damage to the lungs.iii • Flavored tobacco products are readily accessible to young people at gas stations and convenience stores. • See attached Flavored Tobacco Product Fact Sheet for more details Flavored tobacco products are popular with young people and are easy for them to get according to the recent Minnesota Youth Tobacco Survey.iv • More than one in four Minnesota high school students use tobacco products. Most of these tobacco products, including e-cigarettes and cigars, come in a variety of flavors. • One in five Minnesota high school students used an e-cigarette (commonly known as “vaping”) in the past 30 days, nearly a 50 percent increase from 2014. • More than 10 percent of Minnesota high school students used cigars or cigarillos in the past 30 days, nearly a 30 percent increase from 2014. • More than 32 percent of underage Minnesota high school students who use e-cigarettes got or bought their e-cigarettes from retail outlets. • See attached MN Department of Health 2017 Youth Tobacco Survey Fact Sheet Restricting the sale of flavored tobacco products is an opportunity for the Mendota Heights City Council to pass a policy to protect youth. • Restrict the sale of candy and fruit flavored tobacco products to adult-only tobacco product shops where kids can’t enter. • Specifically, the ordinance would restrict the sale of flavored tobacco in the form of cigarettes, cigars, cigarillos, chew/snuff and e-cigarettes to tobacco shops only as part of the licensing regulations. Menthol, wintergreen and mint flavors would be exempt. • See attached Public Health Law Center's (PHLC) suggested language to incorporate a flavored tobacco regulation into the Mendota Heights tobacco retailer licensing code (Chapter 2 TOBACCO SALES). i Centers for Disease Control and Prevention (CDC). Bidi use among urban youth--Massachusetts, March-April 1999. MMWR Morb Mortal Wkly Rep. 1999;48(36):796-799. ii Campaign for Tobacco Free Kids. Not Your Grandfather’s Cigar. A New Generation of Cheap & Sweet Cigars Threatens a New Generation of Kids. 2013. http://www.tobaccofreekids.org/what_we_do/industry_watch/cigar_report/ iii FDA Center for Tobacco Products. Transcript from ELECTRONIC CIGARETTES AND THE PUBLIC HEALTH: A PUBLIC WORKSHOP. March 9, 2015. iv 2017 Minnesota Youth Tobacco Survey • www.health.mn.gov/tobacco page 36 Mendota Heights Tobacco Assessment We conducted point-of-sale assessments of all Mendota Heights licensed tobacco vendors in July 2017 focused on flavored tobacco products. Stores assessed: 6 stores checked in July 2017 • 4 gas or convenience stores • 2 other (a liquor store and a country club) Types of Flavored Products Sold Type of Product Number of Vendors Cigars, any number 3 (50%) Electronic cigarettes 3 (50%) Electronic cigarette refills (bottles and/or cartridges) 3 (50%) Smokeless 3 (50%) Blunt Wraps 3 (50%) Other 0 (0%) page 37 Data Highlights from the 2017 Minnesota Youth Tobacco Survey Any Tobacco Use ▪ 26.4% of high school students used any tobacco product in the past 30 days, up 7% from 2014 E-Cigarette Use ▪ 19.2% of high school students used or tried e-cigarettes in the past 30 days, up 49% from 2014 ▪ 37.7% of high school students have ever tried e-cigarettes, up 33% from 2014. ▪ 63.6% of students who currently use e-cigarettes reported using menthol or other flavored e- cigarettes in the past 30 days ▪ 21.5% of current e-cigarette users have never tried any conventional tobacco product. ▪ Recent evidence suggests that, compared to youth who have never used them, youth who have tried e-cigarettes are twice as likely to start smoking in the future.1 E-cigarettes and Recreational Marijuana Use ▪ 34.7% of high school students and 15.8% of middle school students who currently use e-cigarettes have used an e-cigarette for recreational marijuana, THC or hash oil, or THC wax at least once in their lifetime. E-cigarette Advertising ▪ 88.4% of students had seen ads promoting e-cigarettes in the past 30 days, down slightly from 90.1 percent in 2014. ▪ 50.9% had seen ads in convenience stores and other stores in the past 30 days, up from 47.5 percent in 2014. ▪ 39.6% of students had seen ads on the internet, 38.6% on TV, 18.6% in magazines, 14.5% on billboards, and 6.8% had heard ads on the radio ▪ 29.9% of high school students who encountered ads in 5 or more locations in the past 30 days were current e-cigarette users Cigarette Use ▪ 9.6% of high school students smoked cigarettes in past 30 days, down 9% from 2014. 1 Watkins, S.L., S.A. Glantz, and B.W. Chaffee, Association of Noncigarette Tobacco Product Use With Future Cigarette Smoking Among Youth in the Population Assessment of Tobacco and Health (PATH) Study, 2013-2015. JAMA Pediatr, 2018. page 38 Cigar and Cigarillo Use ▪ 10.6% of high school students used cigars or cigarillos in the past 30 days, up 29% from 2014. Menthol Cigarette Use ▪ 34.1% of smokers usually smoke menthol cigarettes, down 22% from 2014. ▪ Adolescent smokers are more likely to smoke menthol cigarettes than are adult smokers. ▪ 25.1% of adult smokers usually smoke menthol cigarettes. (MATS 2014) Youth Access ▪ 62.4% of high school and 57.4% of middle school e-cigarette users got their e-cigarettes from friends. ▪ 32.2% of underage high school students who use e-cigarettes got or bought their e-cigarettes from retail outlets. The most common retail outlet reported was vape shops (18.4%). ▪ 19.0% of underage high school students who are current smokers bought their own cigarettes. Secondhand Smoke 46.2% of non-smokers had been exposed to secondhand smoke in the past 7 days. Learn more at www.health.mn.gov/tobacco. Minnesota Department of Health PO Box 64882 St. Paul, MN 55164-0882 651-201-3535 tobacco@state.mn.us www.health.mn.gov/tobacco 2/15/2018 To obtain this information in a different format, call: 651-201-3535. Printed on recycled paper. page 39 Flavored Tobacco ProducTs WHAT TYPES OF TOBACCO PRODUCTS ARE FLAVORED? Flavored tobacco products include cigars, chewing tobacco, blunt wraps, electronic cigarettes and shisha, the tobacco used in hookah. These products help the tobacco industry get around the FDA’s 2009 ban of flavored cigarettes.1 Flavored tobacco products are often sold in attractive packaging for a low price. Some cigars are frequently available for less than $1. WHAT ARE SOME COMMON FLAVORS USED IN TOBACCO PRODUCTS? Cigars, chewing tobacco, blunt wraps, electronic cigarettes and shisha are sold in fruit, candy, dessert and novelty flavors. Popular flavors include chocolate, piña colada, apple, grape, berry, cotton candy, bubble gum and menthol. The same flavorings used in tobacco products are also used in candy and Kool-Aid drink mixes.2 These flavorings were often present in higher amounts in tobacco products than in candy. WHO USES FLAVORED TOBACCO PRODUCTS? Because of their sweet flavors, low cost and attractive packaging, flavored tobacco products are especially appealing to youth. Young people are much more likely to use flavored tobacco products than adults.3 A recent CDC study found that 42 percent of middle and high school tobacco users use flavored products.4 Studies show that young people perceive flavored tobacco products as tasting better and being safer than unflavored products, even though they are just as dangerous and addictive as cigarettes.5 These pineapple-flavored cigars are cheap and easily accessible to youth. Swisher Sweets come in flavors such as grape, strawberry and chocolate. Smokeless and spit tobacco are available in flavors, such as apple and cherry. The tobacco industry’s own internal documents state sweet products are “…for younger people, beginner cigarette smokers, teenagers…when you feel like a smoke, you want to be reminded of bubble gum.”8 WHAT CAN COMMUNITIES DO ABOUT FLAVORED PRODUCTS? Flavored tobacco products are a major public health concern because they encourage young people to start using tobacco. While the FDA banned flavored cigarettes other than menthol in 2009, the ban does not affect other tobacco products, many of which are now heavily marketed by the tobacco industry. The use of these products, especially among young people, has spiked. Because the FDA ruling does not prevent local communities from banning other types of flavored tobacco products, state and local governments can adopt laws that restrict the sale of flavored tobacco products within their jurisdiction. Limiting the sale of products, setting a minimum price or creating a minimum pack size are some of the ways communities can protect their youth by making flavored tobacco products less accessible and less appealing. “Cherry Skoal is for somebody who likes the taste of candy, if you know what I am saying.” U.S. Tobacco Executive page 40 WHAT OTHER COMMUNITIES HAVE TAKEN A STANCE AGAINST FLAVORED PRODUCTS? In Minnesota, the cities of Minneapolis, Saint Paul, Shoreview, Saint Louis Park and Robbinsdale restrict the sale of flavored tobacco products. Minneapolis and Saint Paul also restrict the sale of menthol tobacco products. Additionally, Minneapolis, Saint Paul, Bloomington, Brooklyn Center, Richfield, Maplewood and Robbinsdale have set minimum prices on cheap cigars, many of which are flavored and attractive to youth. New York City and Providence, R.I., passed policies restricting flavored tobacco sales, with the exception of menthol-flavored products. San Francisco and Oakland passed ordinances restricting the sale of all flavored tobacco products, including menthol, but they have not gone into effect. SOURCES 1 One Hundred Eleventh United States Congress.(2009). Family Smoking Prevention and Tobacco Control Act. 2 Brown, et. al. “Candy Flavorings in Tobacco.” New England Journal of Medicine; 370:2250-2252 June 5, 2014. 3 King BA, Dube SR, and Tynan MA. 2013. “Flavored Cigar Smoking Among U.S. Adults: Findings from the 2009–2010 National Adult Tobacco Survey.” Nicotine & Tobacco Research. 15(2): 608-614; Villanti AC, Richardson A, Vallone DM, et al. 2013. “Flavored Tobacco Product Use Among U.S. Young Adults.” American Journal of Preventive Medicine. 44(4): 388–91. 4 King AB, Tynan MA, Dube SR, Arrazola R. Flavored-little cigar and flavored-cigarette use among U.S. middle and high school students. Journal of Adolescent Health. September 17, 2013. 5 U.S. Food and Drug Administration. (n.d.) Flavored Tobacco Product Sheet. 6 Campaign for Tobacco Free Kids. (2009, December 14). The path to smoking addiction starts at very young ages. 7 King BA, Dube SR, and Tynan MA. 2013. “Flavored Cigar Smoking Among U.S. Adults: Findings from the 2009–2010 National Adult Tobacco Survey.” Nicotine & Tobacco Research. 15(2): 608–614; Nelson DE, Mowery P, Tomar S, et al. 2006. “Trends in Smokeless Tobacco Use Among Adults and Adolescents in the United States.” American Journal of Public Health. 96(5): 897– 905. 8 Report from R.M. Manko Assoc. to Lorillard Tobacco Co. (Aug. 1978) 9 David Weiss Associates. “The ‘Graduation Theory.’ November 16, 1984. Retrieved from http://legacy.library.ucsf.edu/tid/ lfc46b00/pdf?search=%22graduation%20theory%22. Bates No. USSTC1945141-USSTC1945142 E-cigarette liquid, known as e-juice, comes in numerous youth-friendly flavors, such as the Pomberry, Psychedelic Peach and Fruit Stripe shown above. Shisha is the tobacco used in smoking hookah and is often flavored. WHAT DOES THE TOBACCO INDUSTRY HAVE TO SAY ABOUT FLAVORED TOBACCO PRODUCTS? The tobacco documents from the settlement revealed the “Graduation Theory,” a method used by the tobacco industry that aims to secure customer loyalty.9 This approach implies that new users start with milder tasting and flavored products. They graduate to full-bodied, less flavored items that often contain more nicotine and remain addicted for life. HOW DO FLAVORS IN TOBACCO PRODUCTS AFFECT YOUTH INITIATION AND ADDICTION? Nearly 90 percent of adult smokers began smoking in their teens.6 The flavoring in these products makes it easier for new, young users to take up tobacco, because the flavoring masks the harshness of the tobacco and enhances the user’s pleasure.7 The Association for Nonsmokers-Minnesota is dedicated to reducing the human and economic costs of tobacco use in Minnesota. (March 2018) 2395 University Avenue W, Suite 310, St. Paul, MN 55114 651-646-3005 | www.ansrmn.org 2395 University Avenue W, Suite 300W St. Paul, MN 55114 | 651-646-3005 www.mntobaccofreealliance.org page 41 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: ISD 197 Referendum Presentation Date: March 20, 2018 COMMENT: At the March 20th City Council meeting, there will be an informational presentation about the upcoming May 8th Bond referendum for ISD 197. The presentation will be made by Superintendent of Schools Peter Olson-Skoog. Mark McNeill City Administrator page 42 REQUEST FOR COUNCIL ACTION DATE: March 20, 2018 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Maintenance Repairs at Rogers Lake Skate Park COMMENT: INTRODUCTION The Council is asked to authorize a contract for maintenance repairs at the Rogers Lake Skate Park. BACKGROUND The skate park at Rogers Lake Park is need of repair. The paved surface has cracks and some ramps have loose boards, metal rails and coping, as well as deteriorated surfaces. DISCUSSION Staff has received a quote from Action Sports of MN, Inc. for repairs to the paved surface, and wood/steel ramps. Repairs to the park include: • New metal on ramp thresholds • Fill existing cracks in asphalt • Fix side panels • Tighten/replace all loose rail hardware • Tighten/Replace loose screws • Replace ramp surface including internal layers for damaged sections • Secure all coping and edging. Staff sent a Request for Quotes (RFQ) to three companies which are known to do this work. There are only a limited number of companies which do skate park repairs. Due to the specialty nature of this type of project, staff is concerned about potential liability issues if a general contractor were to attempt this sort of work. Action Sports of MN, Inc. was the only company to submit a quote for the RFQ. Staff recommends that the project be awarded to them for their not-to-exceed contract amount of $10,000. Materials are estimated at $5,500 and also a labor cost of $3,000 is included in the quote. The contractor is recommending the inclusion of a $1,500 contingency be added to this project, in case there are unforeseen conditions that require additional work. page 43 BUDGET IMPACT This work is proposed to be funded within the Parks equipment repair budget. RECOMMENDATION Staff recommends that the Council award the construction contract to Action Sports of MN, Inc. for their not-to-exceed quote of $10,000 for repairs to the skate park. ACTION REQUIRED If City Council wishes to implement the staff recommendation, pass a motion authorizing staff to issue a purchase order to Action Sports of MN, Inc. in the amount of $10,000 for repairs at the Rogers Lake Skate Park. This action requires a simple majority vote. page 44 Rogers Lake SkatePark 2018 Maintenance We had the opportunity to visit Rogers Lake Skatepark during the week of January 15, 2018. Upon inspection of existing features, layout, and available space; we were able to put together this summery and proposal for maintenance for the 2018 season. JOB LOCATION INFORMATION Name Rogers Lake SkatePark Address 994 W agon Wheel Trail City, State ZIP Mendota Heights, MN 55120 Phone 651 452 1850 Email meredithL@mendota-heights.com Project name 2018 SkatePark Maintenance CONTRACTOR INFORMATION Company Action Sports of MN Inc Name Mark Rodriguez Address 850 Florida Ave South City, State ZIP Golden Valley, MN 55423 Phone 763 797 5283 Email mrod@3rdlair.com Completion date April 2018 COMPANY PROPOSAL We, Action Sports of MN Inc, propose the attached scope of work, to be completed in April 2018 with a budget of $10,000. We anticipate the work to be completed in approximately 5 works days. Submitted by (Company Representative) Date OWNER ACCEPTANCE I, do accept the above scope of work. Submitted by (authorized representative) Date page 45 2018 Rogers Lake SkatePark Updates Maintenance List 1. New 12 Gauge Metal on ramp threshold • Cut new metal to fit • Remove old metal • Attach new metal • Weld new metal seams (also weld any other seams in the skate park) • Grind and soften all metal edges 2. Fill Cracks in asphalt, 200lbs of mix • Clean all cracks with air compressor • Let dry • Tape lines • Patch with a Skim Coat Mix • Apply and Sand once dry. 3. Fix side panels as necessary • Take off panel • Cut back if needed • Counter sink and re-attach 4. Tighten All loose nuts holding rails in place, replace if necessary 5. Tighten/Replace all loose/broken surface screws ) 6. Replace ramp Surface areas where there are holes and/or gaps a. Repair/replace internal layers that are rotten, soft, or otherwise structurally compromised. 7. Secure all Grind able surface coping and edging (smooth where necessary) Estimated Material List/Cost Lumber/Plywood 1. (12) ½” Pressure Treated Plywood (4ft x 8ft Sheets) 2. (12) 4x4x8 Pressure Treated Lumber 3. (10) 2x4x8 Pressure Treated Lumber 4. (20) 2x6x8 Pressure Treated Lumber Surface 5. (10) 4 x 8 Skate lite Natural (tan) 6. (6) 4 x 8 Twelve-gauge Sheet Metal 7. 200lbs of concrete Skim coat mix Screws and Equipment 8. (10lbs) 3” Deck Screws 9. (10lbs) 2” Deck Screws 10. Blades, Drill Bits, Router Bits, Slides, other supplies Total Material Cost for New Ramp: $5,500 Labor and Overhead Costs – 2-person Crew / 5 work days Total Labor Cost: $3000 Budget for Overhead: $1500 page 46 To: Mayor and City Council From: Mark McNeill, City Administrator Subject: Joint Meeting with Parks and Recreation Commission Date: March 20, 2018 COMMENT: INTRODUCTION: The City Council is asked to set a date to have a joint meeting with the Parks and Recreation Commission. BACKGROUND: At a workshop meeting held on March 1st, the Parks and Recreation Commission considered a number of projects, including possible capital improvements to the City’s parks system. The Commission worked from a list of ideas which have previously been discussed; staff had provided estimates as to costs and short term revenue projections. The list from which the Commission worked that evening is attached. Since that meeting, a couple of additional ideas have been proposed. Note that the list did not include some major capital needs, such as the construction of additional playing fields. The consensus of the Commission from that workshop was that a survey should be done of the community to help identify the priorities of Mendota Heights residents. The survey will likely need to be done through a variety of platforms in order to gauge the broadest cross-section of opinions; however, the results will not be scientific. Also discussed at that workshop meeting was the desire for the City to address more local natural resources needs. The City’s most current Natural Resources plan is approximately 15 years old. One of the 2017-18 goals was identified to be “Address Natural Resource and Environmental Sustainability”, with one of the action steps being to “Consider Creation of Environmental Review Committee”. The City Council and Commission could also discuss Natural Resources needs, and what financial and staff resources would be required in order for that effort to be successful. page 47 RECOMMENDTION: In order for staff to gather the necessary background information, I recommend that a May date be established. More information will be provided at the March 20th meeting. ACTION REQUIRED: If the Council concurs with the need for a joint meeting with the Parks and Recreation Commission, it should establish a joint meeting date Mark McNeill City Administrator page 48 Parks Project Proposal ListAs of March 7, 2018Priority Park Proposed Project Estimated Cost  Special Parks Fund  General Fund/Levy  Other Sources  NotesMarie ParkTennis Court Replacement 60,000$         50,000$       $         10,000 Add basketball hoops 10,000$         10,000$        Mendakota ParkAddition of dugouts on one field 35,000$         35,000$         Chain link versionAddition of field lights500,000$       500,000$      Rogers LakeAdd running water 150,000$       150,000$      North/South Water Connection 500,000$       500,000$      Wentworth ParkPark Redesign 500,000$       500,000$      Warming House ReplacementRink LightsRunning WaterTennis Court ResurfacingIvy Hills ParkExpand Basketball Court 75,000$         75,000$        Skateboard ParkEquipment Replacement and Maintenance 10,000$         10,000$       Friendly HillsTennis Court Resurfacing 15,000$         15,000$       General ProjectsPlayground Equipment Replacement 500,000$       500,000$       9 parks/ADA ParkDedicated Pickleball Court60,000$        60,000$        Natural Resources Plan150,000$      150,000$     Shuffle Board30,000$        30,000$        Splash PadTBDDisc golfSpace NeedsTotals 2,595,000$    2,360,000$    225,000$     $         10,000 Special Parks Fund581,538$      260,000$      841,538$      Funding SourcesBeginning Fund BalanceProjected additional revenueProjected funds availablepage 49 City of Mendota Heights May 2018 1 2 3 4 5 Cinco de Mayo 6 7 8 9 10 11 12 ISD School Board 13 Mother's Day 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Memorial Day 29 30 31 "If you look at what you have in life, you'll always have more. If you look at what you don't have in life, you'll never have enough." - Oprah Winfrey Planning Comm Mtg 7:00 City Council Mtg 7:00 Airport Comm Mtg 7:00 Special Election Parks Comm Mtg 6:30 Saturday City Council Mtg 7:00 Sunday Monday Tuesday Wednesday Thursday Friday S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 April '18 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June '18 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July '18page 50 City of Mendota Heights June 2018 1 2 Park Celebration 3 4 5 6 7 8 9 10 11 12 13 14 Flag Day 15 16 17 Father's Day 18 19 20 21 22 23 24 25 26 27 28 29 30 "Some say if you want success, surround your- self with successful people. I say if you want true and lasting success, surround yourself with people of integrity." - Charles Glassman Planning Comm Mtg 7:00 City Council Mtg 7:00 Airport Comm Mtg 7:00 Parks Comm Mtg 6:30 City Council Mtg 7:00 SaturdaySundayMondayTuesdayWednesdayThursdayFriday S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 May '18 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 July '18 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August '18page 51