2011-12-06 City Council minutesMendota Heights City Council
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 6, 2011
December 6, 2011
Page 1
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, Petschel and Vitelli. Councilmember Povolny arrived late.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption.
agenda.
Councilmember Vitelli seconded the motion.
Ayes: 4
Absent: 1 (Povolny)
Nays: 0
Councilmember Duggan moved adoption of the
. 91, 01WA W632041101011
Councilmember Petschel and Councilmember Duggan recommended corrections to the November 15,
2011 meeting minutes to staff. Councilmember Petschel moved approval of the corrected minutes of the
regular meeting held on November 15, 2011.
Councilmember Duggan seconded the motion.
Ayes: 4
Absent: 1
Nays: 0
Councilmember Duggan recommended a correction on the November 22, 2011 special meeting minutes
to staff. Councilmember Duggan moved approval of the corrected minutes of the special meeting held
on November 22, 2011.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council
CONSENT CALENDAR
December 6, 2011
Page 2
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Duggan moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein; pulling items D)
Acknowledgement of Amendments to the Fire Relief Association Bylaws; F) Adoption of a
"RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT OF $50 FROM
LESLIE STROHM AND JOYCE BIRCH "; G) Adoption of a "RESOLUTION FORMALLY
ACKNOWLEDGING THE RECEIPT OF GIFT OF $250 FROM BILL WOLSTON "; H) Adoption of a
"RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR CONTINUATION OF THE
COMMUNITY LANDFILL ABATEMENT PROGRAM "; J) Adoption of a "RESOLUTION
ADOPTING A FUND BALANCE POLICY" and a "RESOLUTION COMMITTING SPECIFIC
REVENUE SOURCES IN SPECIAL REVENUE FUNDS "; N) Acceptance of resignation of the Fire
Training Officer due to retirement; O) Appointment of new Fire Training Officer
a. Acknowledgement of the November 22, 2011 Planning Commission Meeting Minutes
b. Acknowledgement of the October 2011 Treasurer's Report
c. Acknowledgement of the November 2011 Building Activity Report
d. Acknowledgement of Amendments to the Fire Relief Association Bylaws
e. Approval of the cancellation of the December Planning Commission Meeting
f. Adoption of a "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT
OF $50 FROM LESLIE STROHM AND JOYCE BIRCH"
g. Adoption of a "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFT OF
$250 FROM BILL WOLSTON"
h. Adoption of a "RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR
CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM"
i. Adoption of a "RESOLUTION FOR AGENCY AGREEMENT BETWEEN NINDOT AND THE
CITY OF MENDOTA HEIGHTS"
j. Adoption of a "RESOLUTION ADOPTING A FUND BALANCE POLICY" and a "RESOLUTION
COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS"
k. Adoption of a "RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES" and
adoption of a "RESOLUTION CERTIFYING UNPAID WEED CUTTING CHARGES"
1. Authorization to execute a Purchase Order for Police Department radios
m. Authorization to execute a Purchase Order for a copier at the Fire Department
n. Acceptance of resignation of the Fire Training Officer due to retirement
o. Appointment of new Fire Training Officer
p. Appointment of seasonal Ice Rink Attendants
q. Approve the Contractors List
r. Approve the Claims List
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council
D) ACKNOWLEDGEMENT OF AMENDMENTS
TO THE FIRE RELIEF ASSOCIATION BYLAWS
December 6, 2011
Page 3
Mayor Krebsbach requested City Clerk Sandie Thone explain how these amendments came about and
who has reviewed them to date.
City Clerk Sandie Thone explained that this is a minor change in the bylaws for the Fire Relief
Association. The Board of Trustees is responsible for the bylaws and this is for informational purposes
only. There is no action needed by council.
Mayor Krebsbach expressed appreciation to Councilmember Duggan for his offer to edit the bylaws;
however, the Fire Relief Association has reviewed them.
Councilmember Duggan stated that he has noted several substantive changes that should be made and
would be willing to work with the. Fire Relief Association to make said changes. In response, Mayor
Krebsbach suggested pulling this item altogether so it would not have to come back to the council for
approval.
Ms. Thone explained this item is for informational purposes only and did not need to come before the
council; it was included as a courtesy. Because the city is not required to support the Fire Relief
Association, council does not need to approve bylaw amendments; this is the responsibility of the board
of trustees. However, she stated she would be happy to pass along Councilmember Duggan's offer to
assist.
Mayor Krebsbach explained that with minutes or documents like the one under discussion council
acknowledges receipt of them.
No approval or motion being necessary this discussion was concluded.
F) ADOPTION OF A "RESOLUTION FORMALLY ACKNOWLEDGING
THE RECEIPT OF THE GIFT OF $50 FROM LESLIE STROHM AND JOYCE BIRCH"
Councilmember Petschel explained that Ms. Leslie Strohm and Ms. Joyce Birch were members of the
most recent class of the Mendota Heights /West St. Paul Citizens Police Academy and chose to make this
donation to enable the continuation of future citizen's police academies. She also commended the
Police Department for these types of programs. She has not talked to a single resident who has gone
through this program that has not loved every minute of it and come through energized and educated on
police procedure.
Councilmember Petschel also recognized Ms. Becky Pentel for her volunteerism in the program.
Councilmember Duggan moved adoption of a "RESOLUTION FORMALLY ACKNOWLEDGING
THE RECEIPT OF THE GIFT OF $50 FROM LESLIE STROHM AND JOYCE BIRCH"
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council December 6, 2011
Page 4
G) ADOPTION OF A "RESOLUTION FORMALLY ACKNOWLEDGING
THE RECEIPT OF THE GIFT OF $250 FROM BILL WOLSTON"
Mayor Krebsbach explained that Mr. Bill Wolston is the historian for the City of Mendota Heights and
this part of Dakota County. He has given a $250 gift to commend the Mendota Heights Police and Fire
Departments for coming to the aid of his wife, who unfortunately has passed away.
Mayor Krebsbach acknowledged her passing and sent sympathies in regards to Bill Wolston.
Councilmember Duggan moved adoption of a "RESOLUTION FORMALLY ACKNOWLEDGING
THE RECEIPT OF THE GIFT OF $250 FROM BILL WOLSTON"
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
J) ADOPTION OF A "RESOLUTION ADOPTING A FUND BALANCE POLICY" AND A
"RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE
FUNDS"
Finance Director Kristen Schabacker explained that this is an updated fund balance policy with new
fund balance categories and definitions. The updated policy also includes Special Revenue Funds,
which need to be classified by council through resolution. There are two funds that need to be
reclassified from Special Revenue Funds to Capital Project Funds — the Facilities Reserve Fund and the
Infrastructure Fund — with the new definitions. She has spoken with the auditors and they, feel that the
classifications as Capital Project Funds more closely represent what they are.
This policy also gives the council the authority to commit fund balances for specific purposes. There are
four special revenue funds:
• Water Revenue Fund
• Civil Defense Fund
• Special Park Fund
• Street Light District Fund
The policy also gives staff the authority to assign fund balances as directed by council. There will be an
annual review of the classifications of fund balances with the budget process.
The policy also addresses the Order of Spending, which needs to be adopted prior to the end of the year.
Councilmember Povolny moved adoption of a "RESOLUTION ADOPTING A FUND BALANCE
POLICY" AND A "RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL
REVENUE FUNDS"
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council
December 6, 2011
Page 5
H) ADOPTION OF A "RESOLUTION SEEKING FUNDING FROM DAKOTA COUNTY FOR
CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT PROGRAM"
Assistant to the City Administrator Jake Sedlacek explained that this is a community funding application
for a recycling grant that the City of Mendota Heights has received through Dakota County for the past
23 years. The city is looking to participate in that again. This fund helps to pay for education for
residents, to be a point of contact for the residents with questions about recycling, rubbish hauling, etc.
It also helps to support the city's spring cleanup.
Councilmember Petschel moved Adoption of a "RESOLUTION SEEKING FUNDING FROM
DAKOTA COUNTY FOR CONTINUATION OF THE COMMUNITY LANDFILL ABATEMENT
PROGRAM"
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
N) ACCEPTANCE OF RESIGNATION OF THE FIRE TRAINING OFFICER DUE TO
RETIREMENT AND O) APPOINTMENT OF NEW FIRE TRAINING OFFICER
Mayor Krebsbach explained that Mr. Roy Kingsley has been active in the fire department since 1990, 21
years. Mr. Kingsley will be officially acknowledged at the council's first meeting in January 2012.
Mayor Krebsbach wanted to note his letter that states he is retiring. Mr. Kingsley has given the city
excellent service.
Mayor Krebsbach stated that the Interim Fire Training Officer would be Mr. Dale Stein.
Councilmember Petschel moved Acceptance of Resignation of the Fire Training Officer Due to
Retirement and Appointment of New Fire Training Officer
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
PRESENTATIONS
A) RICHARD KRAMER
METROPOLITAN COUNCIL MEMBER, DISTRICT 13
Metropolitan Councilmember Richard Kramer (District 13) brought along with him, and introduced,
Metropolitan Councilmember Steve Chavez (District 15). Mr. Kramer stated that he and Mr. Chavez
were both appointed in February or March of 2011. Mr. Kramer is a St. Paul business owner, living on
the eastside of St. Paul near Lake Phalen. He also served for 18 years on the City of St. Paul Planning
Commission. District 13 includes the Dakota County cities of Lilydale, Mendota, Mendota Heights,
Sunfish Lake, and West St. Paul, and the portion of St. Paul east of Interstate Hwy 35E
Mr. Chavez explained that he represents District 15, which consists of the cities of Eagan, Burnsville,
South St. Paul and Inver Grove Heights. Presently, he lives on the edge of the border between Mendota
Mendota Heights City Council December 6, 2011
Page 6
Heights and Eagan. Besides his day job of being a corporate lawyer and his participation on the Met
Council, Mr. Chavez is involved in several non - profits around the Twin Cities. He has also served as
chair of the Eagan City Planning Commission and also as chair of the Dakota County Planning
Commission.
Mr. Kramer extended the Metropolitan Councilmembers desires to work hand -in -hand with
communities. He also stated that there would be some additional opportunities coming up to apply for
Tax -based Revitalization Account Grants and Livable Communities Demonstration Accounts that cycle
will begin again at the beginning of the year.
Councilmember Petschel informed the Metropolitan Councilmembers that the MSP Airport is currently
in the middle of their environmental assessment as part of their 2030 Comprehensive Plan and Mendota
Heights, as well as other communities, would need the Metropolitan Council's interest and support as an
airport impacted city. Mr. Chavez explained that he is the Met Council liaison at the MAC, so if there
are any issues to please contact him.
PUBLIC COMMENTS
There were no public comments.
PUBLIC HEARINGS
A) PROPOSED LEMAY LAKE ROAD RECONSTRUCTION PROJECT (CONTINUED) AND
RECOMMENDED ADOPTION OF • • ORDERING OF "• PROJECT
AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LEMAY LAKE ROAD
mkrtIGHBORHOOD IMPROVEMENTS"
Mayor Krebsbach explained the process for this public hearing.
City Engineer John Mazzitello explained that this is a continuation of the last public hearing, that staff
had concluded their presentation of the project at that time, and suggested council go right into the
public comments.
Ms. Margaret Swenson, 1294 Kendon Lane, commented that since the last meeting she had spoken with
the neighbors and read the comments on Patch.com and it appeared to her that most people were against
this project. She stated that she was not in favor of it and would like to see it put on hold and eventually
cancelled. The proposed property tax assessment on her home went down $28,000 for 2012 and this did
not feel like a good time for an $8,500 investment on streets. She commented that there is really nothing
wrong with the streets and that the street improvements would not give any additional property value to
the homes. She believed that at the very least, the city should wait to see what happens with the
property at the other end of Lemay Lake Road — are they going to build or develop that property. If they
were to develop that property, then they should pay a fair amount of this assessment. She did not see
why the residents would want to do the street reconstruction now and then have a developer come in and
build in a year or two with no assessments against the property. She requested that the project be
postponed for at least two years with a possible cancellation of the project altogether.
Mendota Heights City Council December 6, 2011
Page 7
Ms. Jane Lynch, 1313 Furlong Avenue, also stated that her 2012 assessed value went down but by
$40,000, which brings the assessment for this project at over 10% of her home's assessed value. She
also stated that if she were going to spend that kind of money on her house, there are other things she
would prefer to spend it on; electric, plumbing — not on something that would not improve her living
conditions.
Mr. Robert Anderson, 1312 Furlong Avenue, also mentioned the comments on Patch.com that indicated
the residents were really not in favor of this project. He commented that he just put a lot of money into
an irrigation system and professional landscaping that are going to be destroyed by this project and
wondered how it was going to be replaced. He also stated that with the bond issue of the school going
through, taxes going up, the economy still bad — postponing this project by two years would not make
that much of a difference in the deterioration level of the road. The road may not be in good shape but it
is not going to get that much worse in two years. This is an expensive proposition for all of the
residents.
Ms. Kathy Geier, 1309 Kendon Lane, reiterated that her taxes have gone up on her home even though
the assessed value has gone down by $20,000. The houses could not absorb these additional costs and
she also requested that, in this time of financial struggle, the council thinks about this carefully. Ms.
Geier also stated that this is not a rich neighborhood; it is an old established neighborhood with elderly
residents.
Mr. Doug Geier, also of 1309 Kendon Lane, stated that he went through this 20 years ago. His parents
lived in South Minneapolis and they put streets in over 40 years ago. These are the same streets. New
streets were put in 20 years ago and now the city wants to put curb and gutters in. He stated that he has
had a lake in his yard every year from the snow being pushed into it and because of inadequate drainage.
According to the state, the area where the drainage ditch is located is public property. He is trying to
figure out if putting in curb and gutter is going to benefit him — besides making the flooding worse. He
has water running over his driveway every year, into the neighbor's yard — which also floods. When
Mendota Heights purchased that house, water ran into it because it was neglected.
He stated that Mendota Heights tried to buy out the neighborhood. Mayor Krebsbach asked for
clarification and details. Mr. Geier stated that there were two houses bought out by Mendota Heights.
He had money down on another house because he was supposed to be bought out also. It fell through
when one neighbor threatened the city with a lawsuit if it continued so the city just stopped. He stated
that he believed a couple of current council members were involved in that. Mayor Krebsbach asked
what year this had taken place. Mr. Geier replied that this happened in the early 1990's.
Councilmember Povolny asked if there was anyone in attendance that was in favor of the project.
Mr. Tim Furlong, 2230 Highway 13, stated that he believes this project is extreme for this
neighborhood. He is against it and just wanted to let the council know.
Ms. Gina Norling, 1280 Lakeview, stated that she is in agreement of this project and believes that a
street improvement in the neighborhood would be beneficial to residents. She understands the concerns
about the economy and she raised other concerns at the last public hearing, so maybe there could be
some reassessment potentially over the total project costs. She was unaware of what the cost risk would
Mendota Heights City Council December 6, 2011
Page 8
be in delaying the project. She stated a second time that she is in agreement with the street improvement
plan.
Mr. Dennis Corrigan, 1309 Furlong Avenue, stated that he had to take a drive down Wagon Wheel to
see the result of the curb and gutter. He thought it was beautiful and really improved the neighborhood
and he could see where the city would want to continue to roll that forward. In assessing his area one of
the things that should be noted is none of the streets that are going to be considered for this project are
through - streets. They only serve the residents. Second, he was unsure what the benefit of curbing and
guttering Lemay Lake Road would be because it is undeveloped. It would look nice but he was unaware
of any other benefit to the neighborhood. If there were to be future development, would that then be
abolished — would that be scuttled and redeveloped once again? He came with the idea that he would
want the improvements; but he questions the cost — especially the timing of the costs — where a lot of
people are reeling from property values, financial pressures, etc.
Mr. Lambert Derks, 1300 Lakeview Avenue, commented that he has lived in the area since 1965 and he
thinks that by curbing the streets and corralling the water, by next spring or summer there will be debris
in the streets and cracks in the blacktop. They do not want that — they have always been suburban and
they want to continue to look that way. They do not want to look like a big city because they are not.
Councilmember Petschel moved to close the public hearing.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Mayor Krebsbach asked staff to respond to questions that were raised.
Lemay Lake Shores
Mr. Mazzitello stated that there is an application before the city for residential development along
Lemay Lake Road that has not been brought to construction yet. When that development takes place,
that developer is going to be assessed 100% of all of the public improvements to that development,
which is going to be a hefty bill for that developer to pay. They are not included in this assessment
beyond the assessment list that was published at the first public meeting because they will be building
their own entire new public infrastructure on their own nickel completely.
Assistant City Engineer Ryan Ruzek commented that the Resurrection property that will be sold to
become part of the Lemay Lake Shores development is actually being assessed. That assessment would
have to be added into that property cost. The developer is actually being assessed for the portion of the
street that they are affecting. Mayor Krebsbach asked how much that assessment would be. Mr. Ruzek
replied that it is very substantial, approximately $28,000.
Home Values
Mr. Mazzitello, in response to the assessed values for 2012, stated that residents all over Dakota County
have seen a substantial drop in the value listed on their property tax statements. This is because of an
} act of state legislature that changed the Homestead Value Credit to a Homestead Value Exemption.
Mendota Heights City Council December 6, 2011
Page 9
Instead of applying a subtraction on the property tax statements for the credit, they have taken that value
off the top and reduced the assessed value of the homes. The actual value drop to the home is not what
the residents are seeing on their property tax statements. Actually about 85% - 90% of that drop is the
homestead value exemption. Mayor Krebsbach asked if this basically lowers the taxes. Mr. Mazzitello
replied that it is the same property tax reduction that was received in prior years for owners residing on
the property being taxed. So instead of it showing up as a subtraction or a deduction on the property tax
statement, the initial value taxed has been reduced. In past years it was referred to as `market value',
now it is referred to as `taxable value'.
Councilmember Petschel commented that this community is not the only one shocked at the new tax bill
because it looks so different. It is a new formula that is being used that was imposed on the city by the
state.
Mayor Krebsbach asked Finance Director Kristen Schabacker to comment. Ms. Schabacker stated that
the Homestead Market Value Exclusion has replaced the Market Value Homestead Credit. The
homestead credit was a direct reduction of the property taxes that was owed. This year it is being
calculated in a different way and so they are reducing the home value for tax purposes. In the City of
Mendota Heights, the residential home values dropped just under 6% but residents will see a greater
reduction in their home values because of the Homestead Market Value Exclusion. Example: a home
value of $300,000 last year would have dropped, on average, to $282,000. However, the number that
will be seen on the proposal for the property taxes would be closer to $270,000 — and that is the number
they use to calculate the property taxes. So instead of having the credit that directly reduces the property
taxes, the market value is reduced. The city's tax rate multiplied by that reduced market value, results in
a reduction in the taxes.
Mayor Krebsbach commented that lowering the taxable value reduces the tax bill — it does not lower the
appraised value of the home.
Neighborhood Value
Mr. Mazzitello stated that staff has taken every parcel proposed for assessment on the Lemay Lake
residential parcels and listed its 2012 tax value. That was compared with the parcels for the Wagon
Wheel Trail assessment. The total values, the mean values, and the median values are very similar
between these two neighborhoods. In fact, they are so close, with the median being $207,700 for Lemay
Lake and $208,991 for Wagon Wheel. Statistically, these neighborhoods are very similar.
Mendota Heights City Council
Elderly Residents
December 6, 2011
Page 10
Mr. Mazzitello commented that any titled property owner over the age of 65 could ask to have their
assessment deferred. What that means is the assessment would come due upon a title transfer of the
property. So if a property is sold, then the assessment comes due. The other provision, for when the
assessment would come due, is if the statutory limit were to run out, which is first at 19 years and
second at 30 years. The assessment still needs to be paid, but if the economy and the assessment are
affecting a fixed income household, then that deferment is an option where they would not have to pay it
now. A resident asked if interest accrues on that deferment. The response was yes.
Financial Questions from November 15, 2011 Meeting
Mr. Mazzitello also expressed a desire to answer a couple of financial questions from the November 15,
2011 public hearing. One of the questions had to do with the city's assessment rate that was being
assessed for this project. Staff went back to 2008 when the avenues were reconstructed and they
compared the avenues, Callahan Place reconstruction, the 2010 reconstruction project, and the Wagon
Wheel project to the Lemay Lake Road project. When looking at the total amounts assessed versus the
total project costs, the percent of total project cost assessed went from 38 percent in 2008 to 18 percent
with Wagon Wheel and 19 percent for Lemay Lake Road. That is the total project cost. There is a cost
savings realized by lumping streets together and doing multiple streets at once.
In regards to indirect costs, Mr. Mazzitello explained that going back over these same five projects there
is a varying overhead rate of 21 percent to 30 percent. The 25 percent rate being applied to the Lemay
Lake Road project is consistent with past projects going back to 2008.
Mr. Mazzitello did a survey of neighboring cities and came up with the following results:
Eagan: may assess 100 percent of the project costs, if they choose to do so. However, there is a footnote
to that — they are only supposed to assess the approximate value being to the property. They never
assess 100 percent of a project to the residents. Upon speaking with their City Engineer it was revealed
that their average is in the 40 percent to 45 percent range.
South St. Paul: has a fixed fee per foot of frontage on the street. If they are replacing a sewer, it is
$9.50 per foot. They do not do a percentage of total project costs.
Hastings: does a combination of unit assessment and a front footage assessment. Their percentages of
total project costs vary between 15 percent and 40 percent.
Farmington: their policy is to assess 35 percent of the project costs to benefiting properties and recently
these figures have been in the $6,500 to $8,000 range.
Lakeville: the reconstruction of existing facilities is 40 percent of the total project costs; additional
facilities, such as curb and gutter, are 100 percent of the project costs.
Mendota Heights City Council December 6, 2011
Page 11
Rosemount: has a flat $6,000 assessment for any street with existing curb and gutter, $6,600 with
existing bituminous curb, and it is the $6,000 plus 35 percent of the improvements to add curb and
gutter.
Inver Grove Heights: they do a unit assessment where the zoning is the same and front footage
assessment where zoning changes. Their maximum allowable percentage is 70 percent.
Mayor Krebsbach asked the percentage of cost being assessed to the individual homeowner. Mr.
Mazzitello replied that over the total project cost for Lemay Lake Road is 19 percent. When looking at
just the cost of the cul -de -sacs versus the amount they are being assessed over the entire project, it is 47
percent.
A resident asked when Wagon Wheel was last redone. Mr. Ruzek stated that he would need to pull the
feasibility but that was a county road, turned back to the city in 1988. They did a 2.5 -inch overlay over
the street before turning it back to the city.
Irrigation & Landscapin
In response to questions raised by Mr. Anderson in regards to his irrigation system and landscaping,
Assistant City Engineer Ryan Ruzek stated that neither of these items should be in public right -of -way;
however, if an irrigation system is there and the city is aware of it, they will restore it back to the same
or better condition with the project. Staff sends letters ahead of time asking residents to notify the city if
they have an irrigation system and to come in and pick up flags to mark all of their sprinkler heads.
Landscaping is a case -by -case determination. 'If there were specific plants, like Hostas, the resident
would want to pull them out of the right -of -way. After the project is completed sod is installed, but
separate plants and mulching are only installed in rain gardens. Staff is willing to meet with individual
homeowners to discuss their particular situation.
With curb and gutter installed there should not any more drainage problems in the yard.
Citv Purchasing Properties
Mr. Ruzek stated that he is only aware of the city purchasing properties along Bourn Lane. Mayor
Krebsbach commented that the only thing she can recall is of a developer that started to talk to
homeowners and was thinking about buying the whole neighborhood but she does not know what
happened to that. She is not even sure if this was an actual event or if it is an urban legend.
Width of the Cul -de -sacs
Mr. Mazzitello, in response to a question raised at the November 15, 2011 public hearing regarding the
width of the cul -de -sacs, stated that staff is currently proposing a standard residential street width of 28
feet curb -to -curb. At least one, if not more, of the residents requested that staff look at narrowing that
street. Staff would be willing to look at designing a 24 -foot wide street with the understanding that if a
car parks on the curb there will not be two lanes of traffic to go around that vehicle.
Mendota Heights City Council December 6, 2011
Page 12
Councilmember Duggan commented on other neighborhoods that did not want curb and gutters installed
who have come back and expressed how happy they were that the projects had gone forward. He spoke
to the concerns regarding the 'six percent interest charged by the city when paying the assessment over
time rather than in a lump sum and stated the residents were free to go to a bank and obtain a loan with a
better interest rate if possible. He stated he stood by staff's work and knowledge that went into making
the informed decision of six percent.
Councilmember Vitelli stated his four points of logic on this issue:
1. Mendota Heights has street and road standards — the streets in this project area do not meet these
standards
2. The neighborhood home values are lower than other areas of the city and the $8,500 assessment
would be a burden — what was just seen in a project that was just completed where the values of
the homes are approximately the same
3. All of the residents of the City of Mendota Heights pay a share to make sure there are quality
streets and roads that meet the standards. The Lemay Lake Road residents are paying 19% of the
total cost of the improvements to their streets and roads; 81 % is paid by the other residents of the
city because they want staff to maintain quality streets and roads.
4. If staff continued on every project to listen to all of the arguments on how the residents do not
want council and staff to move ahead, they would not move ahead on any project. They hear the
same basic arguments on every project, but the city has standards, and they are going to meet the
standards.
Councilmember Povolny stated that he visited the neighborhood four times in various types of weather
conditions; he drove down every street and turned around in every cul -de -sac. Every time he visited he
saw more problems that are common. He gave an example of another project that was delayed several
years ago because the residents requested it. The streets are an actual mess. He does not want to see
this neighborhood in the same situation as this other one.
Councilmember Petschel explained that she has been assessed twice. Someone mentioned that this area
is not Copperfield — she knows plenty of people on Copperfieid that are upside down on their homes and
are about to lose them. It is never easy to say that she knows this is going to be a burden to some people
and at the same time says she thinks it needs to be done. Whenever the council has to assess anybody, it
is a very difficult decision. It needs to be balanced against what is believed to be the greater good.
Mayor Krebsbach commented that at the last meeting, she did not like the idea of the assessment of
$8,500. She was amazed to find out that the values are exactly the same as Wagon Wheel. She also
stated that it is important to have this area be fully a part of the city, not like a neighborhood that has
been tucked away and forgotten. It is a beautiful neighborhood with beautiful lakes.
Councilmember Vitelli moved to adopt "A RESOLUTION ORDERING OF IMPROVEMENT
PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE LEMAY LAKE
ROAD NEIGHBORHOOD IMPROVEMENTS"
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council December 6, 2011
Page 13
Mr. Robert Anderson, 1312 Furlong Avenue, asked when the construction will start and what the
anticipated completion date is. Mr. Ruzek replied that he could provide a copy of the information
packet to Mr. Anderson, but typically construction season starts around June 1 and goes to October 1.
Mr. Ruzek stated that he would schedule a second neighborhood informational meeting towards the end
of January 2012.
Council requested that Mr. Ruzek quickly go through a timeline of this project. Mr. Ruzek replied as
follows:
• Public hearing was on November 15, 2011
• Second information meeting scheduled for February but will be moved up into the last
portion of January
• Approve plans and advertise for bids in April 2012
• Open bids in June 2012
• Construction initiated in July 2012
• Complete base course of bituminous in Fall of 2012
• Assessment hearing in October 2012
• Return in the Summer 2013 to finalize the project
In a typical project streets can get messy and dirty. Contractors are good about working with all of the
residents for their trash service, mail delivery, and any other deliveries they may have. Between the
hours of 7:00 a.m. and 7:00 p.m. there could be a chance that residents may not be able to get into their
driveways, but the contractor does fill in any trenches or work at the completion of the day where
residents can get into their driveways daily, with the exception of when new curb is poured as it needs to
set up for five days before someone can drive on it.
There are not going to be any sewer and water improvements, with the exception of hydrant
replacements on this project, so services should not be interrupted. St. Paul Water typically comes in
and replaces the hydrants before the contractor is on site, so there may be a shut off here and there
during the day while St. Paul Water replaces a hydrant.
Councihnember Duggan asked about irrigation systems and other front yards that the residents have
decorated quite a bit. Mr. Ruzek replied that after staff meets with the contractor and gets a more
detailed schedule, a letter is sent to the residents asking them to mark their sprinkler heads. If a
sprinkler system is running into the street, the water can cause a lot of problems for a street
reconstruction and the homeowner may be contacted about shutting off that part of their irrigation
system or zone for the summer.
Mr. Ruzek also explained that there is a project page set up on the city's website which will be updated
with additional information, residents can also call the engineering department with questions or
concerns and staff would be willing to meet with them one -on -one to answer questions, and the
contractor will be available on -site daily to answer questions as well.
Mendota Heights City Council December 6, 2011
Page 14
Councilmember Petschel suggested to the residents to get their wish lists together before the
informational meeting at the end of January. If, for some reason, a resident is not able to attend Mr.
Ruzek is very open to meeting with a resident individually and discussing any issues they may have.
B) Adoption of the 2012 Final Budget and Levy
Finance Director Kristen Schabacker explained that before the council was the 2012 Final Budget and
Levy. This process started in May when the department heads put together their budgets; they were
reviewed by the city administrator, and presented to council at the budget workshop in August. This is a
very responsible budget and everyone worked very hard to keep the expenses in line. The preliminary
levy and budget were adopted by the council in September and certified to the county. In November, the
county sent out parcel specific notices for the property owners showing their proposed property taxes.
Two changes have been made to the preliminary budget since September:
1. The special levy amount has been reduced by approximately $58,000. This is due to decreased
bond payments through the three bond issues that were refunded this fall.
2. The second change was to the sewer utility fund, which does not affect the levy but the Met
Council charges for 2012 were updated. Those charges will just be over $1 M for 2012 and it
represents an 8.5 percent increase in those charges over 2011.
Ms. Schabacker reviewed the proposed tax rate for the city, the Homestead Market Value Exclusion, and
a comparison of the general fund budget and levy to last year.
Proposed Tax Rate
The proposed city tax rate for 2012 is 32.387 percent; this represents an 8.83 percent increase over the
2011 tax rate of 29.758 percent. This change is due in large part to the Homestead Market Value
Exclusion.
Homestead Market Value Exclusion
This is a change in how the property taxes are calculated. In previous years, with the Market Value
Homestead Credit, there was a direct reduction of the property taxes. In 2012 the city will have the
Homestead Market Value Exclusion. For property owners with homes that are valued under $413,800,
their market value will be reduced for the purposes of calculating their property taxes. This is not
unique to Mendota Heights; most cities are going to see an increase in their tax rate.
Prior to the Homestead Market Value Exclusion the taxable market value for Mendota Heights was
down 5.17 percent from 2011. The average home value decreased approximately 5.78 percent from that
of 2011. Most residents will see a greater reduction in their property's market value. There will be the
initial reduction for the property values in the county going down, but there will also be that reduction
due to the Homestead Market Value Exclusion.
Mendota Heights City Council December 6, 2011
Page 15
Example: in 2011 a $300,000 home paid approximately $908 in city property taxes. That home, in
2012, on average would have decreased to $282,660. With the addition of the Homestead Market Value
Exclusion, they will pay property taxes on $270,859. That is where the additional reduction of the
market value comes into play, so that particular property would pay $919 in city property taxes, which
would be a 1.2 percent increase in the city's share of the property taxes.
General Fund Budget (comparison to 2011)
Expenses (up 1.9% over 2011)
Police Department
4.84% increase
Due to increased labor and capital costs
Administration & Election
Decrease
Due to elimination of a position
Parks and Road & Bridge Depts.
Flat
Fire Department
$12,000 increase
Code Enforcement
Reduction
Due to elimination of a position
IT
Decrease
Due to fewer technology needs in 2012
Planning / Recycling /
Council / Animal Control
All remained flat
Revenue (up 1.9% over 2011)
Tax Levy
+$171,000
To support the general fund expenses
Licenses / Permits / Fines
Reduced
To reflect the revenues actually received
(Expenses and revenue both increasing by 1.9% indicated a balanced budget for the general fund)
Tax Levy
General Fund
Increased 4.38%
Legal & Contingency
Flat
Emergency Preparedness
Flat
Equipment Reserve
Flat
Fire Relief
Increased
Annual contribution to relief association
Special Levies
Decrease
Due to the park bonds being paid off,
savings realized by the refunding this
fall, and 2011 lost aid levy no longer
needed
Referendum
Amount for bonds that were issued to
purchase Par 3
Street light district levy
Decreased by $5,000
The total levy is $31,548 less than the 2011 levy, which represents a .51 percent decrease
Mayor Krebsbach wanted to make sure residents realized that the total levy is down by .51 percent, but
the tax rate will go up because of the Homestead Market Value Exclusion and the 6 percent reduction in
property values in the county.
Mayor Krebsbach opened the public hearing for comments and questions from the residents.
Mendota Heights City Council December 6, 2011
Page 16
Councilmember Duggan moved to close the public hearing.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Councilmember Vitelli moved to adopt "RESOLUTION APPROVING FINAL 2011 TAX LEVY
COLLECTIBLE IN 2012 AND ADOPTING PROPOSED BUDGET FOR 2012"
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
UNFINISHED AND NEW BUSINESS
Councilmember Duggan moved to adjust the Unfinished and New Business Agenda to have Item E)
Adoption of the 2012 -2016 Street Improvement Plan presented first.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
A) ADOPTION OF THE 2012 -2016 STREET IMPROVEMENT PLAN
Mayor Krebsbach explained that this is the adoption of the Street Improvement Plan. What was
proposed was to move Hunter Lane, Culligan Lane, Orchard Place, and Glenhill Road up from 2014 to
2013 as a part of the overall approval of the plan.
City Engineer John Mazzitello stated that a year ago council adopted the first 5 -year planning document
for street improvements, which ran from 2011 to 2015. This is the annual review of that plan so the
2016 program is being added so the street improvement plan will run from 2012 through 2016.
Mr. Mazzitello shared a colored map of the 5 -year plan and listed the proposed projects for each year.
The proposal that was sent out in a letter to Hunter Lane, Orchard Place, Culligan Lane, and Glenhill
Road residents was a proposal to entertain moving the 2014 reconstruction project to 2013, which would
move Victoria Road back from 2013 to 2014.
Council had received in their information packet an outline of funding sources as well as breakouts of
what would be considered as eligible for Municipal State Aid (MSA) funding, what fiscal year the
projects were proposed to be paid for, and what would be bonded and what would be assessed, etc.
It was staff's recommendation to council that the 2012 to 2016 Street Improvement Plan be approved as
presented. Staff is recommending that Hunter Lane and Culligan Lane be left in 2014. Because it was
delayed by an act of council, staff is powerless to move it.
Councilmember Povolny asked if Hunter Lane and Culligan Lane were moved into 2013, could staff do
that many projects. Mr. Mazzitello replied that should council decide to move
Hunter /Orchard/Culligan/Glenhill project, staff would have no choice but to take the largest project of
the 2013 list and delay it to. 2014. So Victoria Road would become the 2014 reconstruction project.
Mendota Heights City Council December 6, 2011
Page 17
Mayor Krebsbach asked in which year was the .Hunter /Orchard /Culligan/GlenhilI project originally
supposed to be done. Mr. Mazzitello replied that the original project was presented as the 2009
reconstruction project and council delayed it to the end of the list, which put it in 2014. Mayor
Krebsbach wanted it made clear — because she lives on Culligan — that the proposal is not a privilege — it
is not to move a project up. It was, in her view, a bit punitive but the point was that there was not any
design for Hunter so she supported moving it back, and it was moved by five years..
Councilmember Petschel asked for clarification, as she reads the document is it true that the city is down
to its last nine miles of streets with no curb and gutter. Mr. Mazzitello answered that there are four
major streets left that do not have curb and gutter; Lemay Lake Road, Hunter /Orchard, Mendota Road,
and Victoria. At the end of 2015, all of the major streets in the city will have curb and gutter. There
will be a few short little connector roads or one to two person cul -de -sacs that do not have curb and
gutter simply because it is not economically feasible at this time to do those. Eventually they will get
added in and every milled street will have curb and gutter.
Councilmember Petschel asked after this plan is completed and the city has standardized streets, at that
point will staff be looking at more rehabilitation projects as opposed to reconstruction projects. Mr.
Mazzitello said that once the reconstructions are complete, there will still be the odd reconstruction for
utility replacement or just a road wearing out in general in the future. But the preponderance of the
projects council will see will be rehabilitations, pavement replacements, and crack sealing and
sealcoating. This is actually an item staff is intending to discuss at the goal setting session in February,
about transitioning from the reconstruction mode into the maintenance and preventative maintenance
mode.
Councilmember Vitelli asked where the motivation for moving this project up was coming from because
it was sounding like it was council motivated. Mayor Krebsbach replied that it is not council motivated,
it is resident motivated. Councilmember Vitelli also expressed that he is not motivated to move this
project up as the council made a decision three years ago and he is not anxious to change that decision.
Mr. John Apitz, 1831 Hunter Lane, stated that if council needs some motivation he wants to offer it. He
has lived there for the last 16 years and there are breaks in the water mains, water running over the road,
holes, repairs — it is time to get on with this. He did not think it was a good idea to delay it before and
feels it is a very good idea to get on with it now.
Mr. Charles Campion, 1836 Hunter Lane, said that he did not get a chance when all of this came about
last time. The roads have been terrible the 18 years he has lived there and they need to be repaired. The
area desperately needs sewer and water drainage because of water runoff flooding.
Ms. Carol Adams, 1991 Hunter Lane, has lived in the area since 1973 and was there when the sewer
went through and the street was moved. She wrote a letter last time urging the completion of that
project on Hunter Lane with curb and gutters because her front yard floods every year. Several times
during the winter she calls to get the department out there to open the intersection. She hopes that this
project is moved up.
Mendota Heights City Council December 6, 2011
Page 18
Mr. Steve Hunter, 1175 Orchard Place, stated that Hunter Lane / Orchard Place were dirt when he
arrived and he has liked it every step of the way. But it is time to move on — if Lemay Lake Road wants
to swap with them that would be great. They can have 2013.
Mr. John Dougherty, 1933 Hunter Lane, stated that he would like to see this project moved up as the
quality of the road is such that it needs to be repaired and drainage is an issue.
Mr. Scott Van, 1870 Hunter Lane, stated that he is a little bit ambivalent; he likes the road and feels it is
a great improvement over the gravel road that was there when he was growing up. The Mendota
Heights crews did a nice job of patching the road up this summer. He is okay either way. He believes
the residents need to take their time and make sure the neighborhoods can be happy with it, have time to
plan it. He agreed to speak on behalf of another resident who would like to see it stay as a 2014 project
to give neighbors a chance to plan how they are going to pay for it, take another year to let it happen.
The issues being raised are the same issues that have been there for the last 40 years — ever since the
road was paved — and he is unsure how much is saved by moving it up a year. There would be some
inconveniences. He believes the road was greatly improved this summer; he is not a road expert but it
looks like it would last until 2014. He just hopes the residents are listened to when the time does come
to keep the road kind of simple.
Mr. Van also commented that he believes that one of the reasons this project was brought up before had
something to do with a rating of some sort and asked for clarification. Ms. Schabacker replied that the
values of the streets are included in the annual reports but she is not sure how closely the bond rating
agencies look at those. But obviously an improvement would increase that asset.
Mr. Mazzitello also replied that the addition of curb and gutter extends the life of the road; therefore, its
value is extended out further and will not have to be rebuilt as quickly.
Ms. Martha Whitcomb, 1200 Culligan Lane, explained that she supported this project a couple of years
ago and she supports moving it up.
Mr. Mazzitello stated that at the pledge staff made to the neighborhood, a letter was sent out Friday
morning notifying them that this was going to be an issue in the approval of the street improvement
plan. In that letter, staff informed residents that if they were not able to make it to this meeting that they
could call staff and their preferences would be relayed to the council. Since the residents received that
letter, staff has received eleven phone calls; two of which said move it forward to 2013 and 9 of which
said to leave it in 2014. Counting the testimony heard today, those in favor of moving it forward to
2013 are 8; those in favor of leaving it in 2014 are 10, and one neutral or ambivalent.
Mr. Dominic Ciresi, 1247 Culligan Lane, stated that while he feels that Culligan Lane is OK, he feels for
the residents on Hunter and Orchard because they definitely have issues with drainage. If they wish this
to be moved forward he would give his support.
Councilmember Vitelli commented that he came to the meeting tonight with an open mind and was
anxious to hear the views of the people. He was surprised at all of the support because he had received
calls from people that seemed very annoyed that this was resurfacing. In keeping with the comment
made earlier on` the logic of moving ahead with Lemay Lake Road, the city does have street standards in
Mendota Heights City Council December 6, 2011
Page 19
the city and all of the residents help to pay for all of the street improvements, including the residents on
the street. It is obvious Hunter does not meet the standard. So using the same logic and hearing the
input tonight, he would support moving it forward.
Councilmember Duggan commented that he was a little concerned also. His concern was more if a
group is permitted to make a change to a plan that is long range and council did not seem to want to let
another group make a change to a plan; where is the standard. He believes the true standard is the
condition of the road and the road's standard is such that it does not meet city standards, and is a worse
street and should be moved up as soon as possible.
Councilmember Povolny asked which street would better survive waiting two years; would Victoria be
OK two years from now if the Hunter /Orchard/Culligan/Glenhill project was moved up. Mr. Mazzitello
asked council to keep in mind that Hunter and Orchard was originally a 2009 project, scheduled ahead
of Victoria Road. It is in the worst condition. However, he feels that it is a service to the residents who
did call that he points this out to council; most of the people who called him in favor of moving it
forward are from Glenhill and Culligan. Most of the people who called against moving this forward
were from Hunter and Orchard. When this project was brought forward in 2009 staff received a
petition; every single property owner on Hunter and Orchard — minus one — signed that petition to delay
that project. They accepted at the public meeting five years.
Councilmember Petschel commented that this is the first real issue in the city where she has dealt
personally with a lot of irate phone calls. They have to do with this — and she was not part of that
council — but there was a process. If they wanted to delay this project, they needed to go out and get xx
number of signatures. The residents did that. They followed the procedure they were told to follow.
They brought it to the council and the council acknowledged the signatures and the process and delayed
the project. The phone calls she has received say that should council move this up; this is a complete
betrayal of trust.
Mayor Krebsbach replied that the petition was not to move it back five years, it was to set it back. The
council determined just to move it to the end of the line. So it was never that it had to be set five years
back, the council saw the petition, they were not going to deal with it in the short-term and moved it
back five years. Hunter and Glenhill were silent and supportive. Those streets are deteriorating as well,
so it is kind of the whole system of roads are deteriorating.
Councilmember Petschel asked how Mayor Krebsbach would answer the residents who called saying
they did everything the council asked them to do; and now the council is reneging. Mayor Krebsbach
replied that it is not reneging because it was not determined how many years it would be set back; it was
set back five — which is too many. It could have been set back three, two, or four years. The point is
that five years is excessive for the worst street in Mendota Heights.
Mayor Krebsbach explained her position of why she supported the delay when it originally came up and
why she is in support of moving it up by one year now; her point being that five years was too long and
the roads are deteriorating. She does not feel that moving it up by one year is a betrayal. If she did not
live in the neighborhood she would have proposed moving this up earlier.
Mendota Heights City Council
December 6, 2011
Page 20
Councilmember Petschel stated that she does not deny that there are probably parts of the streets that
need work; she feels that the job of the council is in being servants to the residents and she has a hard
time defending the process.
Councilmember Vitelli asked the residents in attendance if any of them were on the signatory list that
were opposed to the original project time and have since changed their minds. There were indications
that the residents in attendance had not signed the petition.
Mendota Heights City Council December 6, 2011
Page 21
After additional passionate statements were made, Councilmember Vitelli made the motion to move the
Hunter /Orchard/Culligan/Glenhill Project from 2014 to 2013 and move the Victoria Street Project from
2013 to 2014.
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
Councilmember Duggan moved ADOPTION OF THE 2012 -2016 STREET IMPROVEMENT PLAN
AS AMENDED BY COUNCIL.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
B) PLANNING CASE 2011 -30: CITY OF MENDOTA HEIGHTS "ORDINANCE NO. 440, AN
ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE PERTAINING TO
AIRCRAFT NOISE ATTENUATION"
Assistant to the City Administrator Jake Sedlacek explained that this was a planning case, which was
recommended initially by the Airport Relations Commission (ARC), has been vetted through the
Planning Commission, and carne before the council for consideration.
This request had two parts:
1) Update to the Noise Attenuation Map
2) Change to the noise zone and the requirement for noise attenuation
Update to the Noise Attenuation Ma
Current map was drafted in 1987 and the city currently requires attenuation out to Airport Noise Zone 4,
which runs roughly along Mendota Heights Road on the far side of Dodd. Since 1987 the airport
dynamics and mapping technology have changed.
The first of the two changes to consider with this ordinance amendment is to use current data. The ARC
asked that the city consider using the actual noise contours, which are published annually by the
Metropolitan Airports Commission (MAC) in their annual noise report.
One change to code was to request the city utilize this map, which is produced by MAC on an annual
basis. The language in front of the council included an adoption of that map, which changes from year -
to -year as the actual operations at the airport fluctuate. With this one change would be a reduction of the
former airport noise zone into what is currently the 65dn1(day /night level).
Change to Noise Zone and Requirement for Noise Attenuation
In conjunction with this change in map, the ARC also recommended that the city consider requiring
noise attenuation out to the 60dnl. This was the level of noise attenuation, which the airport agreed to
when they expanded the airport. There was some debate and a lawsuit around that and ultimately, the
Mendota Heights City Council December 6, 2011
Page 22
cities of Eagan, Richfield, Bloomington, and Minneapolis got the airport to recognize the 60dnl as the
appropriate level of sound attenuation. Since the lawsuit, those cities have adopted ordinances that
require noise attenuation out to the 60dnl.
The second change to this ordinance is to bring the noise attenuation requirements to the 60dn1. These
two changes still showed a reduction on the number of properties in Mendota Heights, which would be
subject to the noise attenuation ordinance.
There were questions at the Planning Commission about the administration of this ordinance; none of
which would change. This is for expansions of property or for new construction; they would need to
meet current standards. Anyone that is currently living there is not required to update their home, unless
they choose to do so; staff would strongly encourage that.
Ordinance 440 amended Title 12, Chapter 4 of the city code as it was drafted in 1987. Councilmember
Duggan was kind enough to point out that on the noise compatibility table there was an overlap. So the
language considered by the council not only included the recommended changes, but also included the
adjustment advised by Councilmember Duggan.
The Planning Commission held their public hearing on this topic and Councilmember Petschel, with her
vast experience on the ARC, was able to give them a little bit more of the background. There were no
comments at the public hearing and the Planning Commission recommended approval of these changes
to Title 12, Chapter 4, which was wrapped up in Ordinance 440.
Staff requested two actions by council:
1) Adopt the ordinance, which could be passed by a simple majority vote
2) Approve a summary ordinance, which requires a 4/5 vote
Mayor Krebsbach asked why the summary ordinance requires more votes than the adoption of the
ordinance. City Attorney Tami Diehm replied that the requirement for the summary ordinance allows
the council to publish a shorter version, or summary, of the ordinance so that council is not required to
publish the entire thing. A super majority of the council is required to authorize that; otherwise the
council would publish the entire ordinance.
Councilmember Duggan asked who created the chart where he suggested changes; if it was the MAC
maybe a letter should be sent to them recommending the changes, rather than making the changes
without their input. Mr. Sedlacek answered that the original table was adopted from the Metropolitan
Council back in the mid -1980, provided model language — it is not approved language on their part.
Staff has not consulted with the Metropolitan Council on making these changes. This ordinance has
worked well and staff views the changes of 80 to 81, 75 to 76, and 70 to 71 as de minimis.
Councilmember Duggan moved to adopt "ORDINANCE NO. 440, AN ORDINANCE AMENDING
TITLE 12, CHAPTER 4 OF THE CITY CODE PERTAINING TO AIRCRAFT NOISE
ATTENUATION"
Councilmember Vitelii seconded the motion.
Ayes: 5
Nays:0
Mendota Heights City Council December 6, 2011
Page 23
Councilmember Duggan moved to adopt "SUMMARY ORDINANCE NO. 440, AN ORDINANCE
AMENDING TITLE 12 SECTION 5 PERTAINING TO AIRCRAFT NOISE ATTENUATION
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
C) ESTABLISHMENT OF ADVISORY COMMISSION CANDIDATE INTERVIEW DATE
Mr. Sedlacek explained that there were a number of openings in advisory roles for the City of Mendota
Heights:
• Parks and Recreation Commission 3 seats
• Airport Relations Commission 1 seat
• Lower Mississippi Watershed Management 1 alternate
• Gun Club Lake Watershed Management 1 primary and 1 alternate
There are currently enough applicants to fill all of the positions and then some. Staff hoped council
could identify the interview date, as the applicants were excited to hear about the process and to get
scheduled for interviews. Staff is asking council to set the date now so they can plan for orientation.
The first commissioner that would need to be seated and orientated would be the airport commissioner,
which would be meeting on February 8, 2012.
Councilmember Duggan pointed out that staff is still accepting applications until December 16, 2011.
Mayor Krebsbach indicated that Councilmember Vitelli would not be in attendance at the January 17,
2012 meeting. Councilmember Vitelli confirmed.
Mr. Sedlacek stated that the standard practice has been to bring the applicants in before a council
meeting for 10 -15 minute interviews, council would take a brief while to discuss the applicants, and then
at that subsequent meeting there would be a resolution with blanks that would be filled in with the new
appointees.
Councilmember Vitelli stated that if he were the only one that would not be in attendance at the January
17, 2012 meeting, he would suggest council go ahead with the interviews without him because he trusts
their judgment.
After brief discussions, Councilmember Duggan moved to ESTABLISH THE ADVISORY
COMMISSION CANDIDATE INTERVIEW DATE AS TUESDAY, JANUARY 10, 2012
BEGINNING AT 7:00 P.M.
Councilmember Vitelli seconded the motion.
Ayes: 5
Nays: 0
Mendota Heights City Council December 6, 2011
Page 24
D) SETTING THE MEETING DATE FOR THE 2012 GOAL SETTING WORKSHOP
Mayor Krebsbach explained that the goal setting workshop normally takes place in January; however, it
can be pushed back to February if the council wishes.
Councilmember Duggan moved to SET THE MEETING DATE FOR THE 2012 GOAL SETTING
WORKSHOP AS THURSDAY, FEBRUARY 9, 2012 BEGINNING AT 9:00 A.M.
Councilmember Petschel seconded the motion.
Ayes: 5
Nays: 0
E) PROPOSAL OF A RECORDS MANAGEMENT SYSTEM CONTRACT
City Clerk Sandie Thone explained that earlier in the year, council authorized staff to move forward in
securing a system to effectively manage its records in compliance with state statute, city code, and data
practices. The proposal brought to the council was for an electronic document management system for
the city's records storage, retention, retrieval, disposal, and workflow, in addition to a public portal
portion for access by the public. Access to documents has been limited for the Police Department, Fire
Department, Council, and Commissions and this public portal would allow them access — officers could
have access from their squad cars. This technology would enable staff to do in minutes what now takes
hours. This would then immediately increase productivity and efficiencies and over time would pay for
itself. As staff works smarter, this would support the long -term cost savings goal.
Over the past nine months, staff reviewed state contracts, reviewed and assessed systems from four
vendors; all ranging in software, equipment, and services. Extensive time was put in by staff in
researching and determining the best system for the city.
Staff visited sister cities, held informational sessions, questions and answer sessions with the vendors
and employees to review systems and solicit feedback. Four quotes, ranging from $10,000 to $190,000
were obtained. Staff recommended that the city enter into an agreement with Crabtree Companies for an
electronic document management system.
Crabtree exemplifies quality and service and currently serves over 80 cities in Minnesota, including the
majority of Dakota County cities. The company is local with its business based in Eagan. Crabtree
offered the city a very competitive bid and, at the request of council, Ms. Thone went back to Crabtree
and they offered to add an additional 30 hours of on -site service and training at $150 per hour, equating
to $4,500 in additional services, at no charge. The quote also includes three free licenses valued at
$1,650 if purchased before the end of 2011. $20,000 is allocated in the 2011 administration budget and
$22,500 in the 2011 election budget, this being an off - election year and these amounts would more than
cover the cost of the proposal. The 2012 budget allows for adequate yearly maintenance costs,
equipment costs, and temporary help in getting the system up and running, and scanning the backlog of
the city records.
The system would require the purchase of an additional server and equipment quoted from Dell at
$8,920, which would be appropriated from the administration and IT budgets. Staff recommended
council listen to the presentation by Crabtree Companies, Mr. Clay Baer and Mr. Jay Bogenrief, and ask
Mendota Heights City Council December 6, 2011
Page 25
any additional questions they may have about the system. Afterwards, if council were in agreement,
move to approve the purchase of the electronic document system and authorize the city to enter into a
contract with Crabtree Companies for their software and services. In addition, Councilmember Duggan
did ask that Mr. Baer go over the public portal significantly and any training that they could also be
involved in — in the event that they approved.
Mr. Clay Baer, Lead Software, Engineer, and Projects Manager of Crabtree Companies led the council
through a presentation of the software and services they sell and administer on behalf of Laserfiche, a
company located in California. Crabtree does business with 80 cities in Dakota County, 55 of which use
the Laserfiche Avante System.
Council asked questions, which Crabtree Companies answered, in regards to how the system would
work, what kind of access different departments or the public could have, safety and confidentiality,
back -up storage, privacy, audit ability of records, who would be responsible for the transfer of data, etc.
Mayor Krebsbach stated that this is bigger than just deciding to purchase software and she believed the
council would need an opportunity to discuss. She then asked if this decision could be made at the goal -
setting meeting or was council under some kind of timeline to make this decision now. Ms. Thone
replied that this had been put in the 2011 budget and it was determined by council in February to move
forward with the project. At this point, if it were moved into next year, there would be some savings
lost with Crabtree.
Mayor Krebsbach stated that some of the questions raised had to do with staffing in terms of would the
city need more IT personnel, who would actually turn this into a digital format, and then would Crabtree
provide all of the redundancy.
Mr. Baer replied that most of the documentation the city would be putting in this system is already
digitized on the city's networks. Crabtree will be moving it from one server to another, organizing it
within the system, protecting it, applying the security that Laserfiche has built in — who can view, print,
or access what data. There would be some inputting of the paper records the city already has, but that
would be a slow process. Most cities take months, if not years, to input that data. It does not have to be
done right away. The city would be putting in their most current resolutions, ordinances, meeting
minutes on a day -to -day basis going forward. Plus Crabtree included automation tools to allow for the
entry of this information in less time than it takes to file the documents now. Example: in accounts
payable the records would be bar coded going forward where someone can just throw them in a scanner
and click scan and it would automatically split the documents apart, create records, and file them in the
folders where people are filing them right now. So if council were looking at the time to put these
records into the system, people are already spending that time doing standard filing. Most cities that
Crabtree has assisted have not added any people; they have usually saved time by implementing a
system like this. This is a very robust and easy system to use. City staff did a very due diligent process
before making this proposal.
Councilmember Petschel stated that she did not want to give the impression that she is not in favor of
moving forward; she just wanted assurances that her concerns had been or would be addressed. She
understood what Crabtree would be doing with the current digital records but wanted to know if they
had seen the amount of paper files the city has. Mr. Baer replied that he had. Councilmember Petschel
Mendota Heights City Council December 6, 2011
Page 26
continued by stating that she realized that they were possibly talking about years but just wanted council
to have, going forward, maybe in the next budget cycle, a game plan that would deal with that.
Mayor Krebsbach asked about data storage, for $42,000 is Crabtree storing data or is it just the software.
Mr. Baer replied that the software is basically pointed at the city's network drives and the data is being
stored on the city's existing infrastructure. It is about 40 gigabytes per million pieces of paper. So what
can be handled on a flash drive right now, a 32 or 40 gigabyte flash drive, is a million pieces of paper.
So for the amount of record storage, it is minimal. Mayor Krebsbach asked for clarification that the
storage is on -site; Crabtree does not have a back -up storage place. Mr. Baer answered that he has had
many conversations with the city's IT staff and he knows what the server architecture is like, the
redundancy, tape backup schedule and he realized how smart they are. Mayor Krebsbach asked again if
all of the data is going to be stored on -site. Mr. Baer replied that the city owns it, backs, it up, stores it
on -site, and then the current procedures that they would do for the rest of the city's data just applies to
this. Mayor Krebsbach asked for clarification — for the cost — Mr. Baer had talked about a data storage
center. Mr. Baer stated that he assumes that when IT does their tape backup, normally in a city, they do
a tape backup rotation where there is a tape weekly, a tape nightly, and then one every month, and that
one that is done every month is taken off -site. That is the standard in the industry.
Mayor Krebsbach explained that was why she wanted to make sure she understood all of the different
implications of doing this in terms of staffing, what else the city might need, and what capacity the city
has. Mr. Baer replied that this should not change almost anything as far as the city's current procedures
go. The city is just adding another piece of software to its current architecture, it would be backed up
the same way; e- mails, current documents, police records, audio, video would be handled the same way.
Crabtree would just be moving it all into a system, organizing it, setting some structure to it, and then
slowly adding the stuff that the city has in paper — which is a teeny amount.
Councilmember Povolny inquired how far behind the city is in this area. Mr. Baer answered that cities
have had this since 9/11.
Mayor Krebsbach asked what exactly is the city getting for this $42,000. Mr. Baer replied that the city
is basically buying the software and his time. The city is paying for the Laserfiche software suite —
Workflow, WebAccess, and Advance Audit Trail modules — implementation of the system, and training.
Councilmember Duggan asked for a breakdown on the training program. Mr. Baer replied that city staff
toured a lot of his client's facilities and talked to others. Crabtree Companies prides itself on its training.
He has taken cities from nothing to complete digital cities. He does not believe he has billed any of
them a dollar of extra training beyond the software that they purchased over the last five years. Crabtree
basically has a team of five people that manages all of these accounts that, at any time, can be called.
They would remote into the computer, would walk staff through it, come on -site, staff training — it is not
unlimited but he believes that the 30 hours over the next three years is a lot of training.
Councilmember Duggan, in regards to auditing, stated that the city spends close to $30,000 or more for
an audit per year. Does the auditing piece that is in the software package approach, limit, or reduce time
involved as the city works with their auditing firm to see that its bookwork is in the right place? Mr.
Baer replied that every city they have done this to that has had an audit before and after this process
Mendota Heights City Council December 6, 2011
Page 27
couldn't believe that they did not do this sooner. Presumably those cities have saved money on their
audits.
Councilmember Duggan then asked if there are protections in place that sensitive data is not accessible —
other than to some great advanced hacker. Mr. Baer answered that even some great advanced hacker
could not gain access to the information. The system meets the Department of Defense guidelines for
records management and security. Mr. Baer then listed the organizations that he has worked with that
have very sensitive information and they have very secure systems.
Councilmember Vitelli stated that he could not support this action although there was nothing wrong
with the proposal. His issue is that the city needs to understand the total plan. This is just to purchase
software, which opens the city to all kinds of surprises because they do not have a total plan. The city
needs:
• A 3 -year plan on what is going to happen
• To define responsibilities
• Definitions on what documents are private and what levels of document privacy there are
• Staffing proposals for the next three years
• Written procedures that define this whole process on -going
• To understand the timing and the resources needed to take all of the paper and put it into this
system
• An architectural diagram — will the police have a separate database, will it be on a separate
system
• Which budgets will see the cost savings and are ready to say that they will cut their budgets
Mayor Krebsbach explained that the situation is that they as a council with staff have not really talked
about moving to a digital and paperless system. It is more than buying software. She stated to Mr. Baer
that she is sure his product is good and he presented it well, but the work that goes around this has not
happened. She would be in support of Councilmember Vitelli in terms of putting this off so that council
and staff can do their homework:
• Does the city have the storage capacity
• What does this actually mean down the road
• Does the city have the right staffing
She further explained that the City of Mendota Heights has very sophisticated residents and they will get
their city to the standards of other cities and standards that the residents would expect. She
acknowledged that council did talk about this last February, saw the pictures of all of the blueprints
stored with little tags, and they were fine with that. However, they had not come into this discussion in
terms of the implications or the other things brought up.
Councilmember Duggan suggested the formation of a sub - committee, consisting of one or two council
members, one or two members of staff, IT, and the Police Department. He understands and agrees with
Councilmember Vitelli's concerns.
Mendota Heights City Council December 6, 2011
Page 28
Councilmember Vitelli stated that he did not support the initial idea of a sub-committee. He believed
that this has been done thousands of times in the United States. Rather than start from scratch with a
sub - committee, staff should go to two or three cities, look at their written documentation, and come back
with one that they feel fits Mendota Heights and is well done. Council could then spend a couple of
hours reviewing and discussing.
Ms. Thone interjected that staff has looked at four different systems over nine months. They have done
all of the work and have all of the background that council is asking for. She stated she did not include
all of the work and steps in the proposal. The data practices policy clearly states what is public and what
is not with regard to public documentation. There has been an extensive amount of work done, staff has
put in the due diligence and she has the answers to council's questions, and can bring them to council in
a documented format if they would like. Ms. Thone expressed her compliance with whatever council
decided, whether council would want to do that at the next meeting or in a work session.
Councilmember Vitelli replied that if staff does have those questions answered, then council could make
a decision at the next meeting; after they receive something that shows that all of these things have been
addressed and staff understands what the implications are in the city and the way it operates. However,
there may be a few things that are not answered. For instance, he would like to know which budgets are
going to be cut so that the city realizes `significant cost savings' over time.
Mayor Krebsbach suggested moving this topic to the next meeting and asked that Ms. Stacy Kaiser, IT
Manager be in attendance. She expressed her appreciation to Mr. Baer and Mr. Bogenrief for their patience
and her hopes that they understood that as a council, this is a small city of 11,000 people with a $6M
budget, they have to watch the budget very closely. However, it does not mean that they do not move
forward.
Councilmember Vitelli made a motion to table The Records Management System Contract discussion to
the next council meeting to be held on Tuesday, December 20, 2011 with the understanding that it may
again be continued to the first meeting in January 2012.
Councilmember Povolny seconded the motion.
Ayes: 5
Nays: 0
COUNCIL COMMENTS
Councilmember Vitelli stated that he would like to talk about Mr. John Mazzitello. Mr. Mazzitello was
so well prepared tonight that it occurred to him that council should recognize the fact that since August
he has been Acting City Administrator — normally a full -time job. He has continued his responsibilities
as Public Works Director — normally a full -time job. In his extra time, he is a Lieutenant Colonel in the
Air Force Guard and has the responsibilities of the squadron in Duluth. He probably has not had a day
off for at least two to three weeks because the Councilmembet noticed that over the weekend Mr.
Mazzitello was doing his other job, which is part of the defense of our country. The thing that
Councilmember Vitelli was impressed with was how well prepared he was on all things he has done, not
just this evening but always. In addition Mr. Mazzitello is finishing up a masters degree and he is also a
father and a husband. That is a lot and Councilmember Vitelli just wanted to thank him for all of his
dedication and the very thorough job he has done handling all of those responsibilities at one time.
Mendota Heights City Council December 6, 2011
Page 29
Mayor Krebsbach also commented that she has watched Mr. Mazzitello respond to constituent concerns
with a lot of detail, incredibly thorough without trying to skew a response one way or the other, and it is
timely, complete, and really serves the city well. She expressed her appreciation of Mr. Mazzitello
taking on the responsibility of Acting City Administrator and he has done a fantastic job.
Mr. Mazzitello expressed his appreciation of the high honor from Councilmember Vitelli and Mayor
Krebsbach. His work is not quite done yet as the new city administrator does not show up for another
three weeks. If council is wondering how he juggles all of that, they should just be happy that he does
not get paid for overtime.
Councilmember Povolny commented that he likes the new stationery and wondered if the new logo was
going to be put on the envelopes. Mr. Mazzitello replied that it is the plan. Staff is also redoing all of
the city business cards.
Councilmember Duggan concurred with the other council comments regarding Mr. Mazzitello.
Councilmember Duggan also encouraged residents to adopt a hydrant, clear a space around it of
approximately 3 feet in circumference. This makes a big difference for the city fire department and for
the neighborhood if they do not have to shovel out inches of snow in the event of a fire.
Councilmember Duggan congratulated everyone for the tree lighting ceremony.
Mayor Krebsbach reminded everyone that there would be another tree light ceremony on Thursday,
December 8 at 6:00 p.m. at Mendota Mall.
[W4130i1 -W8351
TO DISCUSS LABOR CONTRACT NEGOTIATIONS
INVOLVING THE TEAMSTERS (PUBLIC WORKS) AND
THE LAW ENFORCEMENT LABOR SERVICES (LELS)
Mayor Krebsbach stated that, pursuant to Minnesota Statute 13.4.03, council is going into closed session
to discuss labor contract negotiations involving the Teamsters (Public Works) and the Law Enforcement
Labor Services (LELS).
Councilmember Petschel moved to adjourn to Closed Session to Discuss Labor Contract Negotiations
Involving the Teamsters (Public Works) And the Law Enforcement Labor Services (LELS).
Councilmember Duggan seconded the motion.
Ayes: 5
Nays: 0
CLOSED SESSION:
TO DISCUSS LABOR CONTRACT NEGOTIATIONS
INVOLVING THE TEAMSTERS (PUBLIC WORKS) AND
THE LAW ENFORCEMENT LABOR SERVICES (LELS).
Mendota Heights City Council
December 6, 2011
Page 30
Present at the closed session to discuss labor contract negotiations involving the Teamsters (Public
Works) and the Law Enforcement Labor Services (LELS) were Mayor Krebsbach, Councilmembers
Duggan, Povolny, Petschel and Vitelli, Interim City Administrator Mazzitello, Human Resources
Coordinator Schutta, City Attorney Diehm and Police Chief Aschenbrener.
"10 DUN "M
Mayor Krebsbach adjourned the meeting at 10:45 p.m.
Mayor
M -
Sandie Thone
City Clerk
Krebsbach