REGULAR MEETING OF THE COUNCIL OF THE CITY OF VADNAIS HEIGHTS MAY 3, 2017

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1 REGULAR MEETING OF THE COUNCIL OF THE CITY OF VADNAIS HEIGHTS MAY 3, 2017 The regular meeting of the Council of the City of Vadnais Heights was held on the above date and called to order by Mayor Fletcher at 7:00 p.m. ROLL CALL Upon roll call, the following members were present: Mayor Bob Fletcher, Councilmembers: Craig Johnson, Heidi Gunderson, and Greg Urban. The following member was absent: Terry Nyblom. City Administrator Watson read a statement from Councilmember Nyblom that he was absent due to his undergoing cancer treatment. Also present were: Kevin Watson, City Administrator; Kathy Keefe, Assistant City Administrator; Mark Graham, City Engineer; Bob Sundberg, Finance Director; Ed Leier, Fire Chief; Nolan Wall, Planning/Community Development Director; Caroline Bell Beckman, City Attorney; and Jeff Melcoch, Cable Producer. Everyone present stood and recited the Pledge of Allegiance. Six students from White Bear Lake High School - South Campus attended the meeting. City Administrator Watson provided several announcements. APPROVAL OF AGENDA Upon motion by Urban, seconded by Johnson, it was RESOLVED, that the agenda for the May 3, 2017, Council Meeting be approved. APPROVAL OF MINUTES A. April 19, 2017 Workshop Meeting Upon motion by Gunderson, seconded by Johnson, it was RESOLVED, to approve the April 19, 2017 Workshop Meeting Minutes as presented.

2 B. April 19, 2017 Regular Meeting RESOLVED, to approve the April 19, 2017 Regular Meeting Minutes as presented. APPROVAL OF CONSENT AGENDA RESOLVED, that the Consent Agenda items for the May 3, 2017, meeting be approved as follows: OPEN TO THE PUBLIC None. PRESENTATIONS A. Approve Claims #74385 through #74441, and Electronic Claims #1094 through #1097 for payment B. Accept and Acknowledge 2017 Heritage Days Grants / Donations C. Approve A For-Profit Solicitor s License for Dan Hobbs of Garlock French Corporation Beginning May 4, 2017 Through May 4, 2018 D. Approve Temporary On-Sale Liquor License for the Vadnais Heights Lions Club for the Steve Simmons Memorial/ Mosquitoland Classic TOC Qualifier beginning on Thursday June 8, 2017 through Sunday, June 11, 2017 and Waive the Fee E. Approve Ratification of Vadnais Heights Fire Department Officers for 2017 F. Approve the Subordination Agreement with Journey Home Minnesota and Northeast Bank G. Approve Amendment to 2017 City Council Assignments A. National Police Week Proclamation

3 City Administrator Watson read the National Police Week Proclamation. Mayor Fletcher thanked Commander Rich Clark and the officers for their service to Vadnais Heights. Commander Rich Clark thanked all for their support. PUBLIC HEARINGS A Street Improvement Assessment Hearing and Bid Award City Engineer Graham stated this project consists of bituminous replacement improvement on four streets: Bramblewood Avenue from Highway 96 to Greenhaven Drive; Oakhurst Avenue from Clearbrook Lane to the north cul-de-sac; Willow Grove Lane from Bramblewood Avenue to Greenhaven Drive; and, Heritage Court West from Evergreen Drive to the west cul-de-sac. He noted notices were sent to affected residents. The number of streets within the project were reduced at the January 18, 2017 public hearing. Mr. Graham reviewed the current and proposed schedule for the street improvements. A drawing of the area was shown for Council review. The type of improvement bituminous removal and replacement were reviewed. The 2017 street improvement project costs were reviewed. Mr. Scott Haupt from SEH was also present at the meeting. The feasibility study project estimate was $746,300 with the actual bid being $635,880. Heritage Court was considered as an alternate bid with Bramblewood, Oakhurst and Willow Grove Lane being included in the base bid. The City s share of the base bid would be 55% with assessments totaling 45%. If the base bid and alternate were done, the assessments would increase as well as the City s contribution. TIF funds would be used for the City s contribution, but Graham reminded the Council that alternative funding sources must be identified for future projects. The Assessment Policy was reviewed. If the policy were changed the interest rate could be reduced to 6%, but currently the interest rate is reviewed on a case by case basis. Mr. Graham explained the senior deferral that may be available to qualified residents. Hearing notices were published in the Vadnais Heights Press, posted on the City Website and at City Hall, and notices were sent to affected residents. Mr. Graham noted assessment appeals must be in writing and presented tonight at assessment hearing. The objection to the assessment must be stated. Mr. Graham reviewed the recommended actions. A 4/4 vote is needed from Council to approve the project. City Engineer Graham stated following receipt of public testimony and close of the assessment hearing, staff recommends the adoption of the prepared Resolution adopting the assessment roll as presented or as amended at the meeting for the Street Improvements and adoption of prepared Resolution accepting the tabulation of bids, awards of the project to the lowest responsible bidder, T.A. Schifsky and Sons, Inc., and authorize the City Administrator to enter into a construction agreement on behalf of the City upon approval of the Agreement by the City Attorney, and enter into agreement with S.E.H. for field construction services for Improvement at an hourly cost not to exceed $38,900 with all payments from Account No Mayor Fletcher asked if Heritage Court West was discussed at the last public hearing. Mr. Graham stated it was included as an alternate. He asked if the City is responsible for maintaining the 34 miles of streets within the City. This project would be approximately 7/10 of a mile. Mr. Graham stated it is not responsible to think every road will be done every 30 years as a benchmark. Councilmember Urban noted the weather was tough on the roads this winter. Mr. Graham stated

4 there are some areas of Vadnais Heights that drain very well and others that do not drain very well. Mayor Fletcher opened the public hearing at 7:35 p.m. Ms. Janet Allwine, 919 Heritage Court West, stated she needs her street done and favors the project. Mr. David Probst, 4450 Oakhurst, stated his street needs to be done. He is a runner and is afraid of spraining an ankle while running in the dark. Mr. Lynn Kapaun, 4510 Oakhurst Avenue, stated he is in support of this project. He stated his taxes went down this past year and suggested more monies be put in the budget. Streets must be maintained. Mr. Dan Wherdon, 4353 Bramblewood Avenue, stated he submitted an appeal. The assessment amount cannot exceed the value increase of the home. Mr. Wherdon questioned the R-1 zoning for senior deferral requirements. Ms. Keefe read excerpts from the Code stating the criteria for deferral being only the amount more than $4,000. Ms. Bell Beckman stated a written appeal will go through District Court. Mayor Fletcher stated if an appeal is made the Council will review the appeal and deferral policy. Mr. Wherdon stated two letters were submitted to the City Engineer. Ms. Bell Beckman stated the appeal needs to be submitted to District Court. Mr. Wherdon stated his appeal is based on the advice of an attorney. Mayor Fletcher asked if there is a window of time when the appeal needs to be addressed. Mr. Graham stated the bills will be sent out next week which would start the 30 day no interest time period. It would be due on November 15. The senior deferral can be reviewed before November 15. Mr. Scott Freburg, 4500 Bramblewood, stated his street is in need of repair. He hopes a different company will be doing the work than did the temporary repair. Upon motion by Urban, seconded by Johnson, it was RESOLVED, to adopt Resolution adopting the assessment roll as discussed and amended for the Street Improvements including Bramblewood Avenue from Highway 96 to Greenhaven Drive; Oakhurst Avenue from Clearbrook Lane to the north cul-de-sac; Willow Grove Lane from Bramblewood Avenue to Greenhaven Drive; and, Heritage Court West from Evergreen Drive to the west cul-de-sac and reduce the interest rate to 6% RESOLVED, to adopt Resolution accepting the bid tabulation and awarding the contract for the Street Improvements to T.A. Schifsky and Sons, Inc., with a total base plus alternate bid of $479,711.68

5 OLD BUSINESS and authorizing the Mayor and City Administrator to sign said contract. A. Approve Dynamic Air Development Agreement Planning/Community Development Director Wall stated that staff is recommending that the City Council approve the Development Agreement Amendment between the City of Vadnais Heights and Dynamic Air, Inc. He reviewed the background of the original development agreement. Upon motion by Gunderson, seconded by Urban, it was RESOLVED, to approve the Development Agreement Amendment between the City of Vadnais Heights and Dynamic Air, Inc. B. Approve Recodification Agreement with Municode City Administrator Watson stated that staff is recommending that the City Council enter into an agreement with Municode to provide codification services to the City of Vadnais Heights indefinitely. He noted the quote is just under $10,000 for the full recodification process and is receptive to splitting the cost over the year 2017 and Councilmember Johnson asked how often this will need to be redone. Mr. Wall stated by redoing this now it would speed up revisions in the future. Conflicts would be easier to identify and it would be less work for all moving forward. Mayor Fletcher said this was a very good approach and he commended Councilmember Urban on bringing this to Council s attention. Upon motion by Urban, seconded by Johnson, it was RESOLVED, to enter into an agreement with Municode to provide codification services to the City of Vadnais Heights indefinitely. NEW BUSINESS A. Approve Lily Pond Park Playground Improvements

6 City Engineer Graham explained the replacement of the Lily Pond Park Play structure and surrounding surface area has been identified and approved in the 2017 Capital Improvements Plan, with a budgeted amount of $60,000. It was noted the current Park Dedication Fund balance is approximately $260,000. Three options were provided to a number of residents for comments. Good feedback was received and reviewed with the Parks Commission. City Engineer Graham stated staff recommends the City Council authorize a contract with Minnesota-Wisconsin Playground in a not to exceed amount of $65,000 for the supply and installation of a new playground structure at Lily Pond Park with payments from park Dedication Fund Account No The Parks Commission was unanimous in their recommendation. Mr. Graham explained the location of Lily Pond Park RESOLVED, to authorize a contract with Minnesota-Wisconsin Playground in a not to exceed amount of $65,000 for the supply and installation of a new playground structure at Lily Pond Park with payments from Park Dedication Fund Account No B. Consider Setting May 17, 2017 Workshop and Agenda City Administrator Watson presented potential items for the May 17, 2017, Council Workshop including a discussion of City Center street light banners/flowers and cable broadcasting RFP. Mayor Fletcher stated Councilmember Johnson will not be present. Upon motion by Urban, seconded by Gunderson, it was RESOLVED, to set a May 17, 2017 Workshop meeting and Agenda including discussion of City Center street light banners/flowers and discussion of a cable broadcasting RFP with a 5:30 p.m. start time. COUNCIL AND DEPARTMENT REPORTS Finance Director Sundberg stated utility bills are due on May 10, Actual water usage will be the basis for the sewer charge for the second and third quarters. Planning/Community Development Director Wall attended the NE Metro Expo. An open house will be held on May 23 for the Comprehensive Plan update.

7 City Engineer Graham stated there have been numerous calls regarding stormwater. Public Works staff is actively keeping ditches and culverts flowing. Hydrant flushing will be done this week. Residents have responsibility to trim their trees that may block signs, sidewalks, etc. Some traffic signal pole painting is being done along County Road E. US flags will be flown along County Road E beginning on Memorial Day. City Attorney Bell Beckman had nothing to report. Assistant City Administrator Keefe had nothing to report. Fire Chief Leier stated in a 30-hour period last week, there were 18 calls including a lot of medical calls. A grant has been submitted and accepted for DOJ sanctuary cities. Fire Chief Leier noted some major purchases are coming up that have CIP s submitted. City Administrator Watson also attended the Expo. He noted a goal session will be scheduled for Council prior to the budget. Councilmember Urban had nothing to report. Councilmember Johnson had nothing to report. Councilmember Gunderson had nothing to report. Mayor Fletcher stated he was very impressed with the neighborhood cleanup day at the Commons on April 22. Upon motion by Johnson, the meeting was adjourned at 8:15 p.m. Respectfully submitted, ATTEST: Bob Fletcher, Mayor Kevin Watson, City Administrator