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2014-06-17 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 17, 2014 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 Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, and Petschel. Councilmember Norton arrived at 7:01 p.m. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: I (Norton) CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a.)Approval of May 29, 2014 City Council Workshop Minutes, c.)Acknowledgement of May 13, 2014 Park and Recreation Commission Minutes, g.)Approval of Resolution 2014-34, Establishment of Absentee Ballot Board, i.)Approval of Resolution 2014-36, Accept Donations for 5K and Parks Celebration, and 1.)Receipt of May 2014 Building Activity Report. a. Approval of May 29, 2014 City Council Workshop Minutes b. Approval of June 3, 2014 City Council Minutes c. Acknowledgement of May 13, 2014 Park and Recreation Commission Minutes d. Acknowledgement of June 11, 2014 Airport Relations Commission Minutes e. Approval of Personnel Action Report f. Approval of Massage Therapist License Renewals g. Approval of Resolution 2014-34, Establishment of Absentee Ballot Board June 17, 2014 Mendota Heights City Council Page 1 h. Approval of Resolution 2014-35, Appointment of Election Judges i. Approval of Resolution 2014-36, Accept Donations for 5K and Parks Celebration j. Approval of Resolution 2014-37, Authorization to Bid Plans and Specifications for I -35E and Marie Avenue Storm Drainage Improvement Project k. Approval of City Sign Retro -Reflectivity Policy 1. Receipt of May 2014 Building Activity Report m. Approval of Claims List n. Approval of Contractors List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF MAY 29, 2014 CITY COUNCIL WORKSHOP MINUTES In regards to the gas and electric franchise fees discussion that was part of the City Council Workshop, Councilmember Duggan suggested the Council add a sunset to this, if adopted in the future. Councilmember Duggan moved APPROVAL OF MAY 29, 2014 CITY COUNCIL WORKSHOP MINUTES. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 C) ACKNOWLEDGEMENT OF MAY 13, 2014 PARK AND RECREATION COMMISSION MINUTES Councilmember Duggan asked if these minutes were reviewed at a previous meeting as they seemed to be familiar to him. City Administrator Justin Miller reminded the Council that they tabled the May 13, 2014 Park and Recreation Commission minutes to allow the Commission time to expand on them, in particular the discussions on dog parks. Recreation Program Coordinator Sloan Wallgren did return the minutes to the Commission, however, they did not have any additions. Councilmember Norton moved ACKNOWLEDGEMENT OF MAY 13, 2014 PARK AND RECREATION COMMISSION MINUTES. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF RESOLUTION 2014-34 ESTABLISHMENT OF ABSENTEE BALLOT BOARD City Clerk Lorri Smith explained that the purpose of this resolution was to reiterate the establishment of the Absentee Ballot Board to perform the duties as prescribed in Minnesota Statutes 20313.121. This resolution would also delegate the Dakota County Absentee Ballot Board the duty of duplicating Jame 17, 2014 Mendota Heights City Council Page 2 military and overseas absentee ballots that they receive. The Dakota County Absentee Ballot Board would send out those ballots and receive them back. The majority of military and overseas ballots are returned on paper that cannot be scanned by the ballot tabulators. Therefore, the votes cast must be duplicated to an official ballot that can be scanned with other ballots for that precinct. Allowing the Dakota County Absentee Ballot Board to duplicate these ballots will result in more efficiencies and more accurate processing. Councilmember Petschel commented that she believes this to be important to ensure that the votes of our service men and women are counted. Councilmember Petschel moved APPROVAL OF RESOLUTION 2014-34, ESTABLISHMENT OF ABSENTEE BALLOT BOARD. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 I) APPROVAL OF RESOLUTION 2014-36 ACCEPT DONATIONS FOR 5K AND PARKS CELEBRATION Councilmember Duggan asked if staff has this information on the website and would they be creating a public display as in the past. Mayor Krebsbach commended Chief of Police Michael Aschenbrener, Sergeant Neil Garlock, and Officer Larrive for organizing this excellent event. Chief of Police Michael Aschenbrener replied that the information would go up on the website and in the lobby at City Hall after approval of this resolution. He also explained that the total amount raised in prizes for the 5K was $11,131.74, for the Park Celebration $4,150 worth of items were donated, the City will donate $8,280.29 to Special Olympics, and above that, $2,725 was received in checks made out directly to Special Olympics Minnesota. Councilmember Duggan moved to adopt RESOLUTION 2014-36 ACKNOWLEDGING THE RECEIPT OF THE GIFTS TO THE 5K AND PARKS CELEBRATION and authorize a check to Special Olympics Minnesota for $8,280.29. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 L) RECEIPT OF MAY 2014 BUILDING ACTIVITY REPORT Councilmember Duggan noted that when comparing 2013 to 2014 actuals, there is an approximate 22% decrease in revenue and said this is an area that the City needs to pay attention to. City Administrator Justin Miller replied that Councilmember Duggan is correct, however a significant number of building permits have come in since this report was compiled. It is staff's estimation that the City would be significantly above last year's numbers by the end of the summer. June 17, 2014 Mendota Heights City Council Page 3 Councilmember Duggan moved to RECEIVE THE MAY 2014 BUILDING ACTIVITY REPORT. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) REVIEW OF 2013 AUDIT, MATT MAYER, KERN, DEWENTER, VIERE Mr. Matt Mayer of Kern DeWenter Viere, Ltd. reviewed the Annual Audit Report for 2013, which included the Annual Report & Basic Financial Statements and the Communications Letter. lvh-. Mayer reported that the numbers presented were materially accurate, a true picture of the City's financial position, and a true record of the City's transactions for the 2013 fiscal year. Mr. Mayer also reported that the City had no findings in the Compliance Audit that KDV performed, as per State Statutes. Again, this is the highest opinion that can be given. Mr. Mayer gave a very high level overview of the results of the finances for the year, the general fund, and the three enterprise funds. Mayor Krebsbach asked if KDV believes that the City's current AAA bond rating might be affected. Mr. Mayer stated he saw no significant changes and sees no reason the rating should be modified. PUBLIC HEARINGS A) LIQUOR LICENSE RENEWALS City Clerk Lorri Smith explained that renewal applications and required documentation have been received, background investigations have been conducted with no negative findings, and no liquor law violations have been received within the past year for the following licensees: Intoxicating Liquor and Sundgy Liquor Licenses - Felipe's LLC dba Teresa's Mexican Restaurant; Haiku Japanese Bistro Inc. dba. Haiku Japanese Bistro; Courtyard Management Corp. dba Courtyard by Marriott Club Liquor and Sunday Liquor licenses - Mendakota. Country Club; Somerset Country Club Wine Licenses - Mendo Restaurant Group, Inc., dba. Mendoberri; Windy City Pizza LLC dba Tommy Chicago's Pizzeria; CEC Food and Beverage LLC, dba LeCordon Bleu Off -Sale Liquor Licenses - MapleTree Mendota Retail LLC dba The Wine Market; Poopha Inc. dba Mendota Liquor Ane 17, 2014 Mendota Heights City Council Page 4 On -Sale 3.2 Malt Liquor Licenses - Mendota Heights Par 3; Mendo Restaurant Group, Inc., dba Mendoberri; Windy City Pizza LLC dba Tommy Chicago's Pizzeria; CEC Food and Beverage LLC, dba LeCordon Bleu Off -Sale 3.2 Malt Liquor Licenses - Northern Tier Retail LLC dba SuperAmerica; Northern Tier Retail LLC dba SuperAmerica Mayor Krebsbach opened the public hearing. Seeing no one coming forward, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Councilmember Povolny moved to approve the issuance of the license renewals as listed above for the period of July 1, 2014 through June 30, 2015. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) TIME EXTENSION AMENDMENT TO DEVELOPMENT CONTRACT FOR LEMAY SHORES Planner Nolan Wall gave a brief background of the 2007 Development Agreement for the Lemay Shores Development and noted that it has been extended a number of times, most recently in 2011. The developer has requested another extension until December 31, 2014 to allow them to formalize a transition to a national builder as a new developer. Staff has no issues with the extension and noted that the developer's agreement would be brought back at a future date, once the transition has been finalized, for some additional changes. Planner Wall summarized the substantive changes to the document as: • References to City staff • Dates that were included in the exhibits that were updated • Section 8.1d —which allows the extension to acquire the property to the end of 2014 Cowicilmembers asked questions regarding the look and feel of the proposed development being the same as originally planned. Councilmember Duggan moved to APPROVE THE AMENDED AND RESTATED CONTRACT FOR PRIVATE DEVELOPMENT AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AMENDED CONTRACT. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 June 17, 2014 Mendota Heights City Council Page 5 B. DISCUSSION OF PARK AND RECREATION COMMISSION DOG PARK RECOMMENDATIONS Recreation Program Coordinator Sloan Wallgren gave a brief background and update on the dog park discussion that was before the Park and Recreation Commission and the Council. The Commission recommended that a dog park not be built in the city at this time, made a motion recommending that the Council reconsider allowing dogs to be off -leash inside of the hockey rinks at Marie Park and Wentworth Park, and they asked staff to gather more information about the new dog park being built at Lilydale Regional Park. During the May 29 Council Workshop, it appeared that the consensus of the Council was to accept the recommendation of the Parks Commission to not build a dog park, but also not to allow dogs to be off - leash within the hockey rinks or any parks within the city of Mendota Heights. Staff spoke with the City of St. Paul and determined that they do not have a timeline on when their park project at Lilydale Regional Park would be completed or what the next phase of that project would be. Conversations will continue. Mayor Krebsbach commented that she does not believe the City would need to contribute financially to St. Paul's dog park. Mr. Wallgren confirmed that no financial discussions have occurred in relation to St. Paul's dog park. Councilmembers asked questions regarding the police patrolling the hockey arenas to discourage use by dog owners, and they made clarifying comments on the original request. Councilmember Petschel requested that, at a future workshop meeting, the Council consider a policy to not allow dog parks next to children's play areas or residences. She also assured residents that the City will continue to work with the City of St. Paul regarding the potential dog park in Lilydale Regional Park and will update the residents as the project develops. COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: ® The Village Free Concert Series — Pat Donahue at Market Square, June 18, 6:30 p.m. • Cliff Timm. Memorial Fishing Derby, June 18, 5:30 p.m. at Rogers Lake Fishing Pier. • Summer Playground Programs: Week 3 is "Sports, Sports, and Sports! No programs the week of July 4th • Youth Field Trip — Como Park/Paintball, June 19; Crystal Caves, June 26 • MnDOT anticipates opening Highway 13 on June 18 • 2014 Clean-up Day Final Numbers -2,380 lbs. appliances, 6,840 lbs. electronics, 6,660 lbs. scrap metal, 78 mattresses, 35 bikes, 12,180 lbs. trash • Police and Reserve Officers will be watching for kids wearing their helmets while biking, riding scooters, skateboarding, or in-line skating. Each one will receive an "I Got Caught" Dairy Queen certificate. June 17, 2014 Mendota Heights City Council Page 6 COUNCIL COMMENTS Councilmember Petschel noted that in the Sunday Pioneer Press they published a list of the students from Henry Sibley, St. Thomas Academy, and Visitation who were graduating at the top of their classes. What she found most interesting was where they are all going. The two biggest recipients of these outstanding graduating students are Notre Dame and University of Wisconsin -Madison. She noted that Gertens is currently accepting yard waste at half off the regular cost. The Airport Relations Commission meeting was televised on Wednesday, June 11, with the MAC staff. With the recent heavy rains, Councilmember Povolny reminded residents to clean out their downspouts and make sure the grade around their home slopes away to prevent flooding in their basements. Councilmember Duggan commented that a month ago, he impugned School District 197 when he stated that they were not in compliance with Mendota Heights' requirements regarding parking provisions. He noted that he was wrong and has extended his apologies to the district, to the superintendent, and to Mr. Mark Spurr. He encouraged residents to go on the City's website as there is a lot of information there. He also noted that an Artisan Home is located in Mendota Heights, which he toured and enjoyed. Mayor Krebsbach stated that her daughter, Katie, is getting married at the end of June. Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:03 p.m. an*Krebsbacth75May ATTEST: J,,Z Lorri Smith City Clerk Jame 17, 2014 Mendota Heights City Council Page 7