2011-02-15 City Council minutesi
February 15, 2011
Page 1
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, February 15, 2011
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 Hail, 1101 Victoria Curve, Mendota
Heights, Mimnesota.
CALL TO ORDER Mayor Krebsbach called the meeting to order at 7:00 p.m.
and noted this would be the first meeting of 2011 with all
councilmembers present and expressed she looked forward
to working with all of them. The following members were
present: Councilmembers Duggan, Povolny, Petschel and
Vitelli.
PLEDGE OF ALLEGIANCE Council, the audience and staff recited the Pledge of
Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption as
presented. Councilmember Duggan raised concerns
regarding item b. in Unfinished and New Business: No
Parking Zone on Delaware Avenue and questioned whether
the roads Delaware and Dodd intersected. Public Works
Director Mazzitello explained near the northern boundary
of the city Dodd and Delaware do intersect.
Councilmember Vitelli moved adoption of the agenda as
presented.
Ayes: 5
Councilmember Povolny seconded the motion.
Nays: 0
APPROVAL OF MINUTES
Councilmember Petschel moved approval of the minutes of
the regular meeting held on February 1, 2011.
Ayes: 3
Councilmember Duggan seconded the motion.
Nays: 0
Abstained: Vitelli, Duggan
CONSENT CALENDAR 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 doctuments contained therein, pulling Items
h. Acceptance of Resignation of Fire Marshal Paul Kaiser
Ayes: 5
Nays: 0
February 15, 2011
Page 2
and Authorize Replacement, j. Approval of Accounting
Clerk Position, k. Approval of "AN ORDINANCE
AMENDING TITLE 5, CHAPTER 3 OF THE CITY
CODE PERTAINING TO DOG LICENSING" and 1.
Approval of "RESOLUTION ADOPTING THE
OUTDOOR WARNING SIREN SYSTEM NARROW
BANDING PLAN for further discussion.
a. Acknowledgement of the NDC4 Meeting Minutes
and Agenda
b. Approval of the January 2011 Monthly Fire Report
c. Approval of Engineering Intern Position
d. Approval of 2011 Fire Department Instructors
Conference
e. Approval of Renewal of JPA for Traffic Markings,
Street Sweeping, Cracksealing, Screening and
Sealcoating
f. Approval of Sign Permit for 788 Highway 110
(Saint Croix Cleaners)
g. Approval of Tobacco License for Walgreens
h. Acceptance of Resignation of Fire Marshal Paul
Kaiser and Authorize Replacement
i. Approval to Begin the Re -hire and Recruitment
Process for Spring /Summer 2011 Parks and
Recreational and Public Works Part-Time Seasonal
Employees
j. Approval of Accounting Clerk Position
k. Approval of "AN ORDINANCE AMENDING
TITLE 5, CHAPTER 3 OF THE CITY CODE
PERTAINING TO DOG LICENSING"
1. Approval of "RESOLUTION ADOPTING THE
OUTDOOR WARNING SIREN SYSTEM
NARROW BANDING PLAN"
in. Approval of the Contractors List
n. Approval of the Claims List dated February 15,
2011 totaling $154,808.45
Cowicilmember Vitelli seconded the motion.
ACCEPTANCE OF RESIGNATION Mayor Krebsbach stated it is with regret we accept
OF FIRE MARSHAL PAUL KAISER the resignation of Fire Marshal Paul Kaiser who has served
AND AUTHORIZE REPLACEMENT the city as a consultant since 1985 and has done an
outstanding job.
February 15, 2011
Page 3
City Administrator McKnight added he met with the Fire
Chief and the Public Works Director to discuss whether
they would replace Mr. Kaiser as an independent contractor
or as an employee to which no decision has been made to
date.
Councilmember Duggan moved approval to Accept
Resignation of Fire Marshal Paul Kaiser and Authorize
Replacement as presented.
Ayes: 5 Councilmember Vitelli seconded the motion.
Nays: 0
APPROVAL OF ACCOUNTING Finance Director Schabacker stated due to the promotion
CLERK POSITION of Sandie Thone to City Cleric the Accoumting Clerk
position became available. Ms. Schabacker stated they
received over 50 applicants for the position, interviewing
eight candidates initially and bringing back three for a
second interview. Staff recommends hiring Charlotte
Stockstead for the position of Accounting Clerk. Ms.
Schabacker continued Ms. Stockstead is a graduate of
The University of Minnesota, Carlson School of
Management and comes highly recommended by her
supervisor at the City of Falcon Heights, where she is
currently an intern in the finance department.
Councilmember Duggan moved approval of Accounting
Clerk Position as presented.
Ayes: 5 Councilmember Vitelli seconded the motion.
Nays: 0
APPROVAL OF AN ORDINANCE City Clerk Thone stated two minor changes had been
AMENDING TITLE 5, CHAPTER 3 made to the Dog Licensing requirements and noted the
OF THE CITY CODE PERTAINING one year licensing period proposed of January 1 through
TO DOG LICENSING December 31 would replace the existing period of June 1
through May 31. Ms. Thone continued all current dog
licenses would be valid until December 31, 2011 at which
time they would be up for renewal for the updated licensing
period.
City Cleric Thone stated the second proposed change to the
licensing process relates to the change in ownership. Ms.
Thone explained the code language currently states a
transfer fee is required with regard to a change in
ownership and the practice was outdated and not a true
Ayes: 5
Nays: 0
APPROVAL OF RESOLUTION
ADOPTING THE OUTDOOR
WARNING SIREN SYSTEM
NARROW BANDING PLAN
Ayes: 5
Nays: 0
PUBLIC COMMENTS
UNFINISHED AND NEW BUSINESS
February 15, 2011
Page 4
reflection of current processes therefore the language was
updated to reflect the current process.
Councilmember Duggan moved approval of "AN
ORDINANCE AMENDING TITLE 5, CHAPTER 3 OF
THE CITY CODE PERTAINING TO DOG LICENSING"
as presented.
Councilmember Vitelli seconded the motion.
Chief Aschenbrener stated the resolution's purpose is to
upgrade the radios inside the outdoor warning sirens in the
city for FCC compliance before the compliance deadline in
2013. Mr. Aschenbrener explained three of the city's
sirens are extremely old and will be replaced and two will
be upgraded before storm season this spring and that all
will be narrow band compliant. By passing the resolution
we may accept grant money available in efforts to upgrade
all sirens to narrow band compliance in Dakota County.
Councilmember Duggan inquired with regard to the sirens
we proposed replacing if we would be getting the latest
type of siren. Mr. Aschenbrener explained the goal is to
replace the existing sirens with the current state of the art
technology two way comrnunication.process which creates
a detailed running log of the health of the siren.
Councilmember Duggan complimented Chief
Aschenbrener on his work in this process and
recornnended a minor change to the second whereas in the
resolution to reflect adding the word of after support.
Councilmember Duggan moved approval of
RESOLUTION ADOPTING THE OUTDOOR
WARNING SIREN SYSTEM NARROW BANDING
PLAN" with one minor change.
Councilmember Vitelli seconded the motion.
There were none.
WATERS DRIVE IDENTIFICATION Director of Public Works Mazzitello stated business
SIGNS FOR HIGHWAY 55 owners from the Waters Drive business park are requesting
the two directional signs belonging to the Department of
Transportation on Highway 55 be changed from reading
February 15, 2011
Page 5
Frontage Road to read Waters Drive. Mr. Mazzitello
explained the original request came in 2009 and was heard
by the Traffic Safety Committee and the committee
concurred with the request and asked Minnesota
Department of Transportation to change the signs and the
request was denied. Recently the request was again
attempted and the Department of Transportation agreed to
the change and stated they would fabricate and place the
new signs if the city paid for the cost of the signs of $2,232.
Mr. Mazzitello stated there is money in the streets budget
designated for signs but if the city were to fund the
complete cost of the signs it would equal one half of the
yearly budgeted amount for street signs. Councilmember
Povolny inquired if the signs were required to be a specific
size. Mr. Mazzitello stated the standard size of the signs
are eight and a half feet wide by four feet high.
Mayor Krebsbach invited the business owners from Waters
Drive to address the council. Business Owner William
Cottrell came before council, he stated he owns a law firm
in the Waters Drive business park and stated the only road
in the Waters Drive business park is the Frontage Road and
he feels it is confiising for people looking for the more than
20 businesses now located in the business park. Mr.
Cottrell stated people are looking for the sign to Waters
Drive and drive at all speeds and sometimes brake quickly
and the signs would add to the safety of the area while more
appropriately directing people to the business park. Mr.
Cottrell concurred with the consensus of the business
owners in requesting the signs be changed to read Waters
Drive instead of Frontage Road.
Councilmember Duggan inquired whether Mr. Cottrell had
contacted all of the businesses in the park with regard to
this request to which Mr. Cottrell responded he had been in
contact with about half of the businesses. Councilmember
Duggan expressed his support of the proposal and the
Mendota Heights businesses and understood that locating
the park could be difficult but was not comfortable with the
city paying the total cost and asked Mr. Cottrell if he had
financial support from the local businesses in paying for the
signs. In addition, Councilmember Duggan asked of staff
to look into the possibility of a local sign company
performing the work to the Department of Transportation's
specifications for less money. Public Works Director
February 15, 2011
Page 6
Mazzitello explained the Department of Transportation
stated they preferred to make their own signs.
Councilmember Vitelli explained he and Mr. Mazzitello
had discussed the possibility of enlarging the current
Waters Drive street signs but the signs have specific
requirements per the Department of Transportation.
Councilmember Vitelli expressed his support of the
proposal but concurred with Councilmember Duggan that
he did not feel the sole financial responsibility should fall to
the city and proposed sharing the cost in which the city
would pay half and the local businesses pay half.
Councilmember Vitelli proposed to further reduce the costs
we should look into either the city or a local business
performing the work.
Councilmember Petschel concurred with Councilmember
Vitelli in support of the proposal, splitting the cost and
looking into less expensive alternatives in manufacturing
and installing the signs. Councilmember Povolny agreed
with council and stated in his experience there are many
options to obtain contractors who already perform similar
work with the state for considerably less cost and as long as
we meet the specifications of the Department of
Transportation, he would also recommend this course of
action.
Councilmember Duggan proposed adding Frontage Road in
smaller font underneath Waters Drive on the signs. Mayor
Krebsbach concurred the addition of the Frontage Road to
the Waters Drive signs would be helpful and gave her
support for the proposal, our appreciation of local
businesses and stated these relationships were important to
the city. Mayor Krebsbach proposed in sharing the costs
with the business owners and offered an amount of $1000
the city would pay towards the project. Councilmember
Vitelli asked Mr. Cottrell to give his thoughts with regard to
sharing the cost of the signs with the city to which Mr.
Cottrell responded he felt that was fair and would bring it
back to the businesses to come up with their portion of the
funds.
Business owner Terry Fletcher of PKF Advisors Group
introduced himself to council and stated this was a very
important proposal from a safety standpoint and from a
business standpoint he would be happy to share in the cost.
Ayes: 5
Nays: 0
APPROVAL OF AN ORDINANCE
AMENDING TITLE 6, CHAPTER 3,
SECTION 3 OF THE CITY CODE
PERTAINING TO NO PARKING
Ayes: 5
Nays: 0
February 15, 2011
Page 7
Business owner Duane Tvenge of Jayandee Services, a
jewelry manufacturing company concurred with support of
the proposal and was in agreement of sharing the costs of
the signs. Business owner Terry Raddatz owns a computer
lab business in the park and concurred with the proposal
and Couuncilmember Vitelli's three points and explained his
concern was the safety of people trying to locate the area.
Councilmember Duggan moved to approve the Waters
Drive Identification Signs for Highway 55 with the city
paying up to $1000 (or half the cost whichever is least)
according to the specifications and approval of Minnesota
Department of Transportation for the signs to be bid by
private companies and to read Waters Drive /Frontage Road.
Couuncilmember Vitelli seconded the motion.
Public Works Director Mazzitello stated as the design for
the Delaware Avenue reconstruction project is moving
through Dakota County, the Department of Transportation
in order to provide funding for the project requires that the
cities of West St. Paul and Mendota Heights pass
ordinances for the no parking zones in the construction
project area. Mr. Mazzitello explained that although the
area of Delaware Avenue fiom Interstate 494 to Dodd Road
is already marked as a no parking zone the language does
not appear in the ordinance, therefore needs to be amended.
Mr. Mazzitello stated in the firture they would like the area
north to Emerson Avenue included in the no parking
ordinance as the condition of the road allows for no parking
and asked council to approve notification to the residents of
the area for the future amendment.
Councilmember Duggan moved to approve An Ordinance
Amending Title 6, Chapter 3, Section 3 of the City Code
and approve notification to residents for future no parking
amendment.
Councilmember Povolny seconded the motion.
RESOLUTION ADOPTING City Clerk Thone stated the Conflict of Interest Disclosure
CONFLICT OF INTEREST Policy relates to two sections of the City's Purchasing
DISCLOSURE POLICY Policy with regard to employee and official's adherence to
refrain from engaging in a purchasing decision where they
have a personal or financial interest. Ms. Thone explained
February 15, 2011
Page 8
the policy's intent is to allow a process to raise awareness
and disclose potential conflicts of interest and possibly
resolving them although the colncil may determine the
relationship to be in the best interest of the city.
Mayor Krebsbach inquired if the policy was different from
the Conflict of Interest Disclosures made by the council.
Ms. Thone explained the policy was different in that the
policy would allow for council to become aware of a
potential conflict of interest disclosure and play an active
role in the decision making process to resolve or allow the
conflict of interest to exist. Mayor Krebsbach stated this
policy was indicative of the types of policies becoming
standard practice in city and county govermment and was a
policy that we need to have in place.
Councilmember Duggan noted one minor change to the
resolution from the word have to has. In addition he noted
some minor grammatical changes to the policy, which
consensus of the council found the changes proposed were
not substantive in nature and would be addressed at a later
time.
City Attorney Diem stated she had discussed the policy
with City Administrator McKnight and City Clerk Thone
and agreed it was a good policy to put in place and
Couuncilmember, Duggan's changes seem appropriate.
City Administrator McKnight acknowledged the support for
the policy but recommended if Councilmember Duggan
had many changes we bring it back at a later date with the
changes made. Councilmember Duggan stated the only
change required in order to approve the policy was the
change from have to has in the resolution.
Councilmember Vitelli expressed he was comfortable
relying on the staff and recommended approval of the
policy as the minor grammatical changes would not change
the intent of the policy. Mayor Krebsbach inquired with
council to ensure all had read the policy and was
comfortable with approval to which council responded
positively.
February 15, 2011
Page 9
Councilmember Petschel moved to approve a Resolution
Adopting Conflict of Interest Disclosure Policy with one
minor change.
Ayes: 5 Councilmember Duggan seconded the motion.
Nays: 0
RECORDS MANAGEMENT SYSTEM/ City Clerk Thone stated the records management system
SCANNING PROJECT PROPOSAL proposal will provide for a process and a system to
effectively and efficiently deal with the city's management
and accessibility to inactive records, active records, future
records and records protection. Ms. Thone continued
although we have made strides per the records retention
schedule after an extensive review of the current records
system, it has been determined that clean -up, organization,
management and updating is in need. Ms. Thone continued
that conservative calculations on time and money saved the
city by implementing the proposed system are promising.
City Clerk Thone requested council consider approval of
the go -ahead to continue pursuing the records management
system by developing the process and looking at the various
options and obtaining quotes with regard to scanning the
city's records. Ms. Thone added a current records
management system is required by state statute and staff s
belief is this is the best practice going forward and would
like to implement the process for the back log of records
now retained at the city in addition to all future records.
Ms. Thone referred to photographs of current records filed
at city hall and explained the lengthy process it often takes
to fill a single data request and the cost in time and money
to the city.
Mayor Krebsbach inquired as to whether in the future there
would be a cost involved with the proposal. City Clerk
Thone explained there would be additional costs incurred in
the purchase of equipment and stated money in the amount
of $20,000 was available in the 2011 budget.
Councilmember Vitelli gave his full support for the
proposal and stated it is just something that should be done.
Councilmember Vitelli added he supports the continued
examination and analysis of the process, getting questions
answered on indexing and evaluating costs and obtaining
quotes associated with the project.
February 15, 2011
Page 10
Couuncilmember Vitelli questioned whether the records
were available to the public to which City Clerk Thone
responded the majority of our records are public data and
there are very few that we do not have to make available
upon request. Councilmember Vitelli commented that a
few years ago he suggested to call Town Center TV and
recommended to Rick Hansen that with today's technology
we could eliminate the cost of minutes, recording the
minutes and discussing the minutes by changing the state
law to allow us to maintain a record of this meeting in a
video fornat. City Clerk Thone stated that we do retain a
video recording of all regular council meetings and staff
and council concurred with Councilmember Vitelli that we
still review minutes because as Mayor Krebsbach and
Councilmember Duggan stated the written record, after
approved by cou icil, remains the official record of the
meetings. Mayor Krebsbach continued that right now we
want to get the records organized.
Councilmember Vitelli stated the true record can be heard
through Granicus and is what counts. Councilmember
Duggan concurred with Councilmember Vitelli and agreed
it would be an absolute tremendous savings to cut out the
written minutes but if you go to the various language of the
recent supreme court they would not have been able to get
anywhere if they did not have a written record.
Councilmember Duggan gave his support of the Records
Management System Proposal and inquired whether it
required any new equipment and asked specifically about
the equipment capacity for the scanning of large maps and
large land records such as those kept in tubes shown in the
photographs supplied. City Clerk Thone responded that the
larger documents would require additional equipment, that
the capacity of the proposed scanner for administration
would have capabilities to scan up to 11x17 documents but
the engineering department has plans for a proposal to
purchase a printer and scanner for their larger documents
many that are required to be retained permanently.
Councilmember Duggan continued to give his support
estimating the project could prove to be a significant
savings for the city and stated he calculated if you have
February 15, 2011
Page 11
people coming into City Hall on a regular basis for data
requests the potential for savings could be as great as
$16,000 in savings per year and he surmised that must be at
least the cost of one machine.
Councilmember Petschel stated that anyone who has been
in the records storage in the basement knows that this needs
to be done and she questioned whether the records would be
hand scanned and if we had inquired with other cities who
have gone to this mode of storing records what the
timeframe was expected to be. City Clerk Thone responded
we did not have an answer for how long it would take to
complete the process and stated it is a good question.
Mayor Krebsbach stated we are discussing and approving
tonight to begin the process and in the future will most
likely see a request for a scanner and costs involved with
the system but going forward with the project was not
considered optional because of the limited storage space for
records at City Hall, the significant problem with retrieval
of records and the need to keeping the records intact.
Councilmember Vitelli added he would like to make slue
we examine contracting this out because services can offer
indexing approaches and they have much experience to
offer and with things such as turn -over in staff, we would
not have to train new people with the scanner, we would not
have to buy a scanner and expressed he would lean towards
contracting the scanning project out. Councilmember
Vitelli stated these companies come in, they have their
equipment, they go through it and we pay them and it is not
disruptive to staff and would recommend we consider this
approach.
Mayor Krebsbach stated staff now has direction from
council in support that we want this done, efficiently and
cost effectively. Councilmember Duggan concurred with
Councilmember Vitelli's suggestion to send it out for bids
to companies who are contracted to provide this service and
see how it compares to the estimated /anticipated cost by
staff for this project, but expressed if the amount was to a
substantial sum of money council would like to be advised
before committing to it and recommended if it is expected
to be over $20,000 they should be informed to which City
February 15, 2011
Page 12
Administrator McKnight stated staff will bring whatever
they potentially spend back to council.
Councilmember Duggan moved to approve Records
Management System/Scanning Project Proposal
Ayes: 5 Councilmember Povolny seconded the motion.
Nays: 0
REVIEW UPDATE Councilmemmbet Povolny stated eleven RFP proposals were
reviewed and at the Monday morning meeting they agreed
upon four final candidates. Assistant to the City
Administrator Sedlacek stated they were happy to have
eleven planning films return proposals and that the
proposals were reviewed by the review committee made up
of Councilmember Povvolny, Acting Planning Commission
Chair Steve Norton, Public Works Director John
Mazzitello, City Administrator David McKnight and
himself.
Assistant to City Administrator Sedlacek stated they were
very pleased with the quality of all of the applicants but
found the following four stood out from the crowd and the
committee would like to recommend the following
applicants for further consideration: Northwest Associated
Consultants, Inc. (our current planner), Landform, WSB
and Associates and MSA Professional Services. Mr.
Sedlacek expressed we would also like to thank and
publicly recognize the following applicants: Bonestroo,
Loucks Associates, TKDA, Yaggy Colby Associates,
Solution Blue Inc, Sanders Wacker Bergly Inc. and MR-FA.
Assistant to City Administrator Sedlacek recommended
moving ahead with the RFP process, conduct interviews of
the top four firms, make a decision on who would conduct
the interviews making note that the committee expressed an
interest to remain involved in the process but noted that.
originally it was proposed council would make the final
selections.
Mayor Krebsbach stated the council has historically made
decisions with respect to planning consultants and legal
counsel and she proposed council to interview the four
remaining applicants, taking notes from Acting Planning
> Ayes:5
Nays: 0
COUNCIL COMMENTS
February 15, 2011
Page 13
Commission Chair Norton and comments from the
conumittee and staff involved thus far. Councilmember
Duggan concurred with Mayor Krebsbach in the council
interviewing the four remaining applicants.
Councilmember Vitelli expressed an interest in having
Acting Plamling Commission Chair Norton involved in the
interview process. Mayor Kiebsbach stated it has only
been the council involved in the interviews in the past.
Assistant to the City Administrator Sedlacek explained
council should make a motion to receive the four planning
finalists and establish a date for interviews in the future.
Councilmember Duggan gave support for Acting Planning
Commission Chair Norton to be involved in the interview
process. Mayor Krebsbach suggested they look to see what
had been past practices. Councilmember Povolny gave
support for Acting Planning Commission Chair Norton to
be added to the interview committee. A motion was made
by Councilmember Duggan to approve the four finalists for
the interview process, to establish a date in the near future
for interviews and to add Acting Plamling Commission
Chair Norton to the interview committee.
Councilmember Vitelli seconded the motion.
Councilmember Vitelli comimented he received his Heights
Highlights in the snail earlier in the day and was very
impressed not only with the layout but the content as well.
Councilmember Vitelli expressed the newsletter not only
had a friendly new appearance but the articles seemed more
informative than in the past and noted the content of the
city tax dollar article and stated it was all very well done.
Councilmember Vitelli inquired about the key people
involved in creating the newsletter.
City Administrator McKnight stated he had nothing to do
with the newsletter and that Jake Sedlacek and Sandie
Thone were responsible for the work, which he concurred
he was very impressed with and expressed he applauded
their work on the newsletter.
Councilmember Povolny stated he had not had time to read
the newsletter but noticed it did look good.
February 15, 2011
Page 14
Co-uncilmember Duggan chose to share a sentiment sent to
him this day after Valentine's Day: happiness keeps you
sweet, trials keep you strong, sorrows keep you human,
failures keep you humble, success keeps you growing and
only friends keep you going... and he expressed that as we
move forward may this body and city work towards being
friends.
CLOSED SESSION The council went into closed session at 8:01 p.m. to discuss
potential litigation. Present at the meeting were all five
council members, the city administrator, assistant to the
city administrator, the city engineer and the city attorney.
ATTEST:
Sandie Thone
City Clerk
Mayor K rebsbach adjourned the closed session at 9:40 p.m.
iv.Layul