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2016-03-15 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 15, 2016 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 Povolny, Petschel, and Norton. Absent: Councilmember Duggan. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach requested that the order of the agenda be revised by moving item 5D to Presentations item 7B. Councilmember Petschel moved to approve the agenda as revised. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items c) Accept 2015 Parks & Recreation Annual Report. a. Approval of amended March 3, 2016 City Council Minutes b. Accept January 12, 2016 Parks & Recreation Commission Minutes c. Accept 2015 Parks & Recreation Annual Report d. Moved to Presentations Item 7B e. Approve Resolution 2016-21, Participation In All Hazard Mitigation Planning Process f. Approve Resolution 2016-25, Authorize Grant Agreement with MN Department of Public Safety g. Approve Resolution 2016-23, Authorize Right of Entry Permit for City Owned Property Granted to MnDOT h. Approve Personnel Action Items i. Acknowledge February 2016 Building Activity Report March 15, 2016 Mendota Heights City Council Page 1 j. Approve of Out of State Travel k. Approve of Claims List Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEM C) ACCEPT 2015 PARKS & RECREATION ANNUAL REPORT Mayor Krebsbach drew attention to the Parks and Recreation Annual Report, which is also available on the City's website. She explained that they put together a very nice report that shows all of the collective activity in that department, and also all the staff that works to maintain the parks. Assistant to the City Administrator Tamara Schutta explained that the report highlighted the accomplishments for 2015. Councilmember Petschel moved to accept the 2015 Parks & Recreation Annual Report. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) RECOGNITION OF JANE HULSE, DISTINGUISHED FINALIST FOR THE PRUDENTIAL SPIRIT COMMUNITY AWARD Mayor Krebsbach noted that she received a letter from Prudential Insurance explaining that Ms. Jane Hulse received recognition from them. Ms. Hulse stated that she did a Girl Scout Gold Award project by writing a science -based cookbook titled "A Gratuitous Guide to Good Food and Simple Science" aimed at middle to high school girls to teach them about nutrition and get them interested in science. She also did volunteer work with the World Food Prize. Ms. Hulse is a student at Trinity School at River Ridge. Her cookbook is available for free through Tumbler and Facebook [search A Gratuitous Guide to Good Food and Simple Science] and is also available for a free download through Drop Box and Blerb.com. Mayor Krebsbach presented Ms. Hulse with a Certificate of Recognition from the City of Mendota Heights. March 15, 2016 Mendota Heights City Council Page 2 B) APPROVE RESOLUTION 2016-02, ACCEPT DONATION FOR AUTOMATIC EXTERNAL DEFIBRILLATORS (AEDS) Chief of Police Michael Aschenbrener shared the list of residents who donated towards the purchase of new Automatic External Defibrillators (AEDs) for the city's police squad cars. The donors were officially recognized by the City Council with certificates of appreciation. Chief Aschenbrener also noted that annually the Police Department recognizes employees and citizens who have gone above and beyond to help others. This year, recognition was given to: Life Saving Award —Officer Nick Gorgos, Officer Robin Nelson, Sergeant Peyton Fleming, Sergeant Tanner Spicer, Officer John Larrive, Officer Todd Rosse. Chiefs Award of Merit — Fire Captain Scott Goldenstein, Tom Mattaini, Richard Gapinski, Dale Stein, Dan Ober, Dave Winge, Cory Lane, Paramedic Jake Capistrant, Paramedic Melissa Domino, Paramedic Alison Ober, Paramedic Michael Christiansen, and citizens Maggey Carlson, Patricia Simmonds, Amanda Odegaard. Councilmember Povolny moved to adopt RESOLUTION 2016- 02 FORMALLY ACCEPTING DONATIONS FOR THE PURCHASE OF AUTOMATIC EXTERNAL DEFIBRILLATORS. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC HEARING A) CENTURYLINK CABLE TELEVISION FRANCHISE ORDINANCE Councilmember Norton moved to open the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 City Administrator Mark McNeill explained that this public hearing was to consider the granting of a non-exclusive franchise for cable television to Qwest Broadband Services, Inc., d/b/a CenturyLink. At the last City Council meeting Attorney Brian Grogan presented the highlights of this proposal. Administrator McNeill reviewed the main points of the cable franchise proposal and noted that in attendance was Mickey Kieffer, the City's representative on the NDC4 board and Patrick Haggerty, representing CenturyLink. It was also noted that Mayor Krebsbach is the alternate on the NDC4 board. March 15, 2016 Mendota Heights City Council Page 3 One of the stated purposes of the Federal Cable Act is to promote competition in cable communications and minimize unnecessary regulation that would impose an undue economic burden on cable systems. The franchising authority, which is the City, shall not unreasonably refuse a competitive franchise. In April 2000, a non-exclusive franchise was granted to Comcast/St. Paul. In 2015, a 1 -year extension was granted. In 2016, at the last Council meeting, the extension was extended through March 31, 2017. Before the Council was a proposal for a franchise to be granted to CenturyLink, initially for a five-year term. Administrator McNeill shared the performance issues that they need to meet in the five years. If after five years the City believes they have met their requirements of their franchise, including substantial build -out provisions, then the City could grant an additional five-year extension. Resolution 2016-23 included 36 Findings of Fact and the rationale for the granting the franchise document. Mayor Krebsbach opened the floor for questions from the Councilmembers. Since there were none, she opened the floor for any comments and questions from the public. Since there were no questions or comments from the public, Councilmember Petschel moved to close the public hearing. Councilmember Norton seconded the motion Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved to adopt Resolution 2016-23 Containing Findings of Facts, Regarding an Ordinance Granting a Competitive Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink. Councilmember Povolny seconded the motion. Administrator noted that Councilmember Duggan had suggested that Item 4 under the last "Now Therefore" section be changed from "The City and its residents will benefit ... " to "The City and its residents may benefit ... ". Both Councilmembers Petschel and Povolny stated that they were comfortable with the original language. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel moved to adopt Ordinance 493, Granting a Non -Exclusive Cable Television Franchise Ordinance for Qwest Broadband Services, Inc., d/b/a CenturyLink Inc. and to approve the summary publication of Ordinance 493. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 15, 2016 Mendota Heights City Council Page 4 NEW AND UNFINISHED BUSINESS A) APPROVE 2016 CONTRACT FOR PILOT KNOB MANAGEMENT Assistant to the City Administrator Tamara Schutta stated that the City has been working with Great River Greening since 2007 on a multi-year management plan for the Pilot Knob site. The 2016 contract includes eight acres of prescribed burn and also brings back the Conservation Grazing Services. Mr. Wiley Buck, Ecologist representing Great River Greening, provided a summary of the 2015 activities and an overview of the 2016 management plan. Mr. Buck explained the major points for this year's work plan which include sustained invasive species control, prescribed burn on eight acres [the north half of the flat area], provision of volunteers, trail overlook mowing and maintenance, conservation grazing, continued pollinator monitoring, complete the restoration on the Highway 55 roadside, provide state funds to revise and update the Pilot Knob Management Plan, updating the management plan to address underperforming restoration acres and begin implementation of the same. Councilmember Norton moved to authorize staff to execute a contract with Great River Greening for Pilot Knob Hill Restoration. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Councilmember Petschel shared the positive response she received from a Native American Historian that she knows from Arizona who came to visit the site. B) APPROVAL OF LICENSE AGREEMENT FOR THE ROGERS LAKE PROPERTY OWNERS ASSOCIATION TO UTILIZE A PORTION OF WAGON WHEEL TRAIL RIGHT-OF-WAY Public Works Director John Mazzitello explained that the Rogers Lake Property Owners Association requested a right-of-way license agreement to utilize a small portion on both the north and south sides of Wagon Wheel Trail, where Rogers Lake passes under Wagon Wheel Trail through a culvert. The request for the license agreement was to do a landscaping project. A landscape plan was included with the application along with a sunset date for the license agreement. Ms. Sue Light, a representative of the Rogers Lake Property Owners Association, was available to answer questions. Councilmembers asked questions regarding the fencing and the plantings to be used. Councilmember Norton moved to approve the license agreement and authorize staff to execute said agreement with the Rogers Lake Property Owners Association (RLPOA). Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 15, 2016 Mendota Heights City Council Page 5 C) RESOLUTION 2016-22, ADOPTING FEES AND POLICIES RELATING TO THE ISSUANCE OF TAX-EXEMPT CONDUIT DEBT City Administrator Mark McNeill explained the proposed policy and fee for the issuance of Conduit Debt. Minnesota law and federal tax regulations allow cities to issue tax-exempt financing to assist private organizations with their financing. This financing is often in the form of revenue bonds to assist development and projects by 501(c)(3) organizations. Rarely does a city the size of Mendota Heights issue its full $10 million annual limit The city needs to make sure that the tax -payers of Mendota Heights are covered in teiins of the expenses when conduit debt is issued. Staff, the city's financial advisors Ehlers, and the City Attorney looked at policies that other cities have adopted and the fees that have been charged. Councilmembers asked questions regarding whether or not the entities that have requested conduit debt from the city in the past are aware of the change in policy. Administrator McNeill stated the organizations would be notified if the resolution is adopted. Councilmember Norton moved to adopt Resolution 2016-22 Adopting Policies and Procedures for Private Activity Revenue Bond Financing for the City of Mendota Heights. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 D) AUTHORIZE VOLUNTEER FIRE RESERVE GROUP Fire Chief John Maczko explained how the proposed Fire Department Reserve Group would be organized. Recently retired firefighters have put together policies for a firefighter reserve group. The primary concept of the reserves is to provide an opportunity for citizens and retired firefighters to develop and continue a sense of civic responsibility and purpose while providing beneficial service to the community. The program would allow trained citizens to protect life and property from fire and other hazards affecting the community. Reserve firefighters would help supplement firefighters' efforts by assisting in non -precarious services. Chief Maczko gave a brief outline of the requirements needed to be a member of the fire reserve group. The size of the reserve group would not exceed 15 members. The members are expected to commit to 20 hours per year minimum and attend all mandatory training and meetings. Councilmembers asked questions regarding training, compensation, and budget impact. Councilmember Norton moved to approve the implementation of a volunteer firefighter reserve group. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 15, 2016 Mendota Heights City Council Page 6 E) ESTABLISH WORKSHOP DATES City Administrator Mark McNeill explained that staff is proposing two workshop dates: 1. Report from the Graff Group that completed the Police Organizational Study — suggested 5:30 p.m. on Tuesday, April 19. 2. Annual May Workshop — suggested meeting date of Tuesday, May 24 from 1:00 — 4:00 p.m. Councilmember Povolny moved to establish dates for the workshops as proposed. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • Recreation registration has received over 200 registrations for Park & Rec Programs and over 100 registrations for the Golf Programs. Registrations are still being taken. • Registration taking place for the Dakota County Simple Steps, through June 15. Additional information available on the Dakota County website. • Spring Clean Up Day is Saturday, May 7 from 8:00 — 12:00 at Mendakota Park. • Register for the June 4th Mendota Heights 5-K, the forms are available on-line. • Park Celebration also scheduled for Saturday, June 4. COUNCIL COMMENTS Councilmember Petschel noted that on March 9, 2016, the MAC staff and the FAA met with the residents. Comments from the residents seemed to fall in one general area — Bemidji Air Operations that are out of the corridors starting as early as 4:00 a.m. MAC staff recommended that the Noise Oversight Committee take a look at this. Residents should also know that a commitment from MAC and the FAA to look at crossing of the corridor has been received. ADJOURN Councilmember Povolny moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 March 15, 2016 Mendota Heights City Council Page 7 Mayor Krebsbach adjourned the meeting at 8:40 p.m. ATTEST: Lorri Smith City Clerk Z Saiielra Krebsbach Mayor March 15, 2016 Mendota Heights City Council Page 8