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2016-06-21 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 21, 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 Duggan, Povolny, Petschel, and Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the revised agenda, adding item 9e. Accepting the Resignation of the Assistant to the City Administrator/Human Resources. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 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 documents contained therein, pulling items a) Approve June 7, 2016 City Council Minutes. a. Approve June 7, 2016 City Council Minutes b. Approve On Sale & Sunday Intoxicating Liquor Licenses for Haiku Inc. c. Approve Massage License Renewals d. Resolution 2016-52 Appoint Election Judges for State Primary and General Election e. Approve Resolution 2016-54 Final Payment & Acceptance of the Somerset Storm Water Improvement Project f. Approve Resolution 2016-53 Critical Area Permit at 1920 Glenhill Road, Planning Case 2016-21 June 21, 2016 Mendota Heights City Council Page 1 g. Approval of Easements Granted to the Board of Water Commissioners for the City of Saint Paul for Access to City Properties for Water Main Maintenance h. Approval of Sale and Purchase of Assets Agreement with the Board of Water Commissioners of the City of Saint Paul i. Acknowledge May 2016 Fire Synopsis j. Approve of Claims List Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVE JUNE 7, 2016 CITY COUNCIL MINUTES Councilmember Duggan moved to table the June 7, 2016 City Council Minutes to have the meeting transcribed word-for-word. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Patrick Hickey, President of Rogers Lake Association, wished to speak about Rogers Lake. They started 10 years ago with residents wanting a clean recreational and fishing lake. They obtained grant monies to install the pier and an aeration unit for the fish. In 2012, they established Rogers Lake Property Owners Association to protect the long-term growth of Rogers Lake. They worked with the City to help Rogers Lake. They worked with the Lower Mississippi River Watershed Management organization to promote environmentally healthy practices as it pertains to the lake. They worked with the City in contributing funds to the weed control in the lake and to legalizing electric trolling motors on the lake. They worked with the Public Works Department to install signage, additional trash cans near gathering areas and at the fishing pier. On March 13, this City Council granted the association a license to utilize the right-of-way on Wagon Wheel Trail for landscape beautification. A number of members contributed time and labor in planting various dogwoods and other plants and fencing the shoreline on Wagon Wheel Trail so that the plants could grow. They worked with the City to place permanent signs denoting the shoreline restoration project as well as fishing available at the pier with arrows pointing the way. All of these efforts were put forth to promote safety and help deter the runoff of pollutants into Rogers Lake. Mr. Hickey was saddened to report that the plantings have been trampled, the fences have been cut down, many posts have been removed, and the signage has been thrown into the lake. He filed a vandalism report with the Police Department. They asked the City to discontinue their limited license that was granted to protect and beautify Rogers Lake. June 21, 2016 Mendota Heights City Council Page 2 Mr. Hickey urged the City Council to recognize the hazards of run-offs, trash, and litter to the overall health of the lake. Additionally, to recognize the unsafe conditions that exist for drivers, bikers, walkers, and people fishing from this area. They asked the City to take immediate action to protect the health of Rogers Lake and eliminate the danger to walkers, bikers, drivers, and people fishing between the north and south sides of Rogers Lake. PRESENTATIONS A) PRESENTATION OF 2015 AUDIT — MATT MAYER, BERGAN-KDV Councilmember Duggan noted that he just received the information on this topic for review, as it was too detailed for him to read on his computer. Therefore, he would not be voting on this tonight. Mr. Matt Mayer of Kern DeWenter Viere, Ltd. [KDV] reviewed the Annual Audit Report for 2015, which included the Annual Report & Basic Financial Statements and the Communications Letter. He stated that the City has a responsibility each year to prepare financial statements for the public, showing the City's financial position. KDV tests, examines, and gives an opinion on those financial statements so that users of them can be assured that it is a true and accurate picture of the City's financial position. Mr. Mayer reported that KDV was providing an unmodified opinion on the City's Financial Statements, which is the best that can be given. It means that the numbers presented are a true and accurate picture of the City's financial position. KDV also did a compliance audit, which is required by the State Auditor, on all of the State Statutes that apply to municipalities. They did have two minor findings this year; one related to some language on a collateral agreement at the bank, which has since been taken care of, and also there is a request from the State to follow-up on unclaimed checks. The finance team is working on some payroll checks that are more than a year old. Mr. Mayer then gave a very high level overview of the results of the finances for the year, the general fund, and the three enterprise funds. Mayor Krebsbach asked if they could assume that their AAA bond rating would hold. Mr. Mayer replied that they are not ones to speculate but he does not believe anything changed significantly that the raters would address. Councilmember Duggan moved to accept the report. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Duggan) June 21, 2016 Hendota Heights City Council Page 3 B) MNDOT — HIGHWAY 110 REHABILITATION PROJECT UPDATE City Engineer John Mazzitello stated that the Minnesota Department of Transportation (MNDOT) has been going through a process in designing a construction project for Highway 110 that will be in construction next summer. He introduced Project Manager Molly Kline and the South Area Engineer Tara McBride to provide an update on the project and a summation of the neighborhood meeting. Mayor Krebsbach expressed her appreciation to District Manager Jon Solberg and others who met with the Crown Point Neighborhood. Project Manager Molly Kline explained that the project extends from Highway 13 and 55 on the west end to I-494 on the east end. The project still remains at $7.7M for an estimate; no cost to the City of Mendota Heights. Construction is planned for the summer of 2017. The scope of the work will include a mill and overlay of the pavement from just east of 1-3 5E to I-494, a pedestrian grade separated facility to the east of Dodd Road, sign replacement, water resource drainage infrastructure replacement, and ADA updates and safety improvements. The construction impacts will include an 6 -week directional closure; eastbound would be closed for 6 weeks, followed by a 6 -week closure of westbound. With the type of work to be done and the volumes of traffic on Highway 110, the modeling shows that there would be numerous hours of back-ups if traffic were routed to one lane in each direction. The detour route will utilize I -35E and I-494 to try and keep as much traffic off of the local streets as possible. Business meetings have been scheduled for Wednesday, June 29 to go over the project in general, construction impacts on the local businesses, and tips learned through other construction projects. Councilmember Duggan asked if MNDOT has ever provided incentives for financial support to businesses during times of loss during construction. Ms. Kline replied that she is unaware of any incentives ever being offered but she will follow-up with that request. Municipal consent has been granted for the access closure on Dakota Drive and for two permanent drainage easements. Corridor -wide improvements, left -out moves eliminated, are to be included near the Mendota Heights United Church and the SonShine Learning Center. A U-turn at the signal on Delaware will be installed. It was noted that the daycare is getting a dedicated right -turn lane into their area. The Carmen Lane access and the Crown Point neighborhood access will be allowed to U-turn at a newly constructed area east of the ramps. Discussions were had on the purpose and results of the left -outs being eliminated but the left -ins remaining intact and the placements of merge lanes for U-turns. The wife of Dr. Stephen Sawyer of Mendota Dental Associates, located at The Village at Mendota Heights, commented they had bought this dental office in August 2015. They are already challenged with patients coming to a new dentist. A construction project would be a further detriment to their business. The complete closing of one direction of Highway 110 for 6 -weeks will have a huge impact on June 21, 2016 Mendota Heights City Council Page 4 their business. She suggested that instead of closing a large segment of road, that they consider closing only the section being worked on and divert traffic onto the other side. Ms. Kline responded that the closure starts at I -35E and goes east to I-494. The biggest impact is east of Dodd Road with the pedestrian underpass going in; which is a big driver for the construction timing. With the volumes of traffic they modeled on Highway 110, it was determined that one lane traffic in each direction would not work. Councilmember Duggan noted that in 1992 when the sewer / water separation took place in Minnesota, his business at University Avenue — during this 8 -week project — lost 34% of its business. When the light rail transit was installed, which was over 2 -years, the majority of businesses lost upwards of 60+%, some as much as 80%. He believes that MnDOT should take a look and see if they can do anything to provide some incentives to the businesses being affected. Ms. Sawyer returned and made additional suggestions for segmenting the construction on Highway 110. Ms. Kline replied that they could look into her suggestions. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) APPROVE SELECTIONS FOR THE PRE -QUALIFIED ENGINEERING/PUBLIC WORKS CONSULTANT POOL City Engineer John Mazzitello noted that back in September of 2015, staff began working with four other Dakota County cities in crafting a request for qualifications advertisement to be sent out to consulting firms for the purposes of getting pre -qualified consultants approved by the four cities. In February of 2016, the Council authorized staff to seek professional services for that purpose to establish a pool. Staff received 40 statements of qualifications from consulting firms. Staff requested that Council approve the consultants listed in the categories for general municipal services, landscape architecture, GIS, land surveying, natural and water resources, geotechnical and soil analysis, traffic transportation, construction inspection, and utilities. Staff also requested that Council authorize city staff to executive the contractual agreements with the consultants so they would be prequalified and no longer in need of submitting full proposals when the city desires to solicit work from a consultant. The City would give them a statement of work, they would reply back with a statement of understanding and a price. Mayor Krebsbach asked where the budget control would be on a situation like this. Engineer Mazzitello replied that the budget amounts for each project would be listed within the City's Capital Improvement Projects (CIP). June 21, 2016 Mendota Heights City Council Page 5 Councilmember Petschel made the observation that there were no surprises on the list as many of them are consultants the City has used before and they know and trust. For information purposes Engineer Mazzitello listed the other municipalities as being Mendota Heights, Apple Valley, Rosemount, and Lakeville. Councilmember Duggan moved to approve the recommended consulting firms for the Mendota Heights Pre -Qualified Consultant Pool and authorizing staff to execute master agreement contracts with each of the selected firms. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) HIRING OF TEMPORARY POLICE ADMINISTRATIVE SUPERVISOR Councilmember Duggan asked if this topic should be tabled as Council just received the packet of information, which is quite extensive. He also asked if this should be advertised to the public due to the large amount of money involved. Mayor Krebsbach requested that the idea of tabling come after hearing from the City Administrator. City Administrator Mark McNeill explained that earlier this year, the City hired McGrath Human Resources Group to perform an organization study of the Mendota Heights Police Department. In April 2016, the Council reviewed the study which included 20 recommendations, ranging from policy reviews and technology changes and personnel additions. One recommendation included the addition of a Police Captain position. The City Council gave authorization to proceed to hire for that position at their last Council meeting. Staff has investigated alternative actions that could be taken until the position could be filled. They recommended that Council authorize filling the position of Police Captain on a temporary basis while the recruitment and hiring of the permanent position is underway. Administrator McNeill noted that the firm that did the study, McGrath Human Resources Group, contracts out personnel for interim positions. Having interviewed everyone, McGrath is very familiar with the Mendota Heights Police Department; they know the people and the issues. Also, as outsiders, they can offer some fresh perspectives for the department. In speaking with McGrath, they recommended the lead person on their study — Mr. Ron Moser. He is available to fill this position in a temporary capacity; starting July 5, 2016. He would primarily be responsible for assisting the Police Chief in implementing the 20 recommendations that were made as a result of the study. Administrator McNeill emphasized that Mr. Moser is not a licensed peace officer in Minnesota; therefore, he would not be doing any police work. However, he has been a Police Chief in cities in Illinois and Iowa and has been a City Manager in Illinois. June 21, 2016 Mendota Heights City Council Page 6 As a contract employee, Mr. Moser would not be eligible for benefits and the City would not be providing housing. A fully loaded Police Captain salary and benefits would be approximately $70/hour. It is anticipated that this position would be working 650 hours in the four-month timeframe, equating to approximately $45,500. Funding would come from the City's general fund reserves. Councilmember Duggan asked if the City is required to post this position for anyone who might want to apply. Administrator McNeill replied that this would be for a contract employee — a consultant — so there is no need to bid. When it is a full-time position, then yes, the City is required to post the opening. Councilmember Duggan requested an explanation of what this person would be working on. Administrator McNeill replied that the primary function would be to look at the 20 recommendations that McGrath gave and figure out a way to implement the ones that need to be implemented and fully investigate those that may not be. They would also be updating policies that have not been able to be addressed. Councilmember Duggan expressed his strong objection to the concept of spending money for people to look at policies when that should be an internal job. He was also not comfortable with the lack of a job description. Councilmember Povolny expressed that this is something that needs to be done to move forward and unite the Police Department. Waiting six months to hire a captain does not get the process rolling. Councilmember Povolny moved to authorize the execution of an agreement to provide approximately four months of temporary Administrative Supervisor staffing, with the McGrath Human Resources Group of Wonder Lake, Illinois. Councilmember Petschel seconded the motion. Councilmember Duggan made a point of order that he was not finished with the discussion. City Attorney Tom Lehmann stated that since there was ongoing discussion, it should continue. If someone wants to end the discussion, the process would be to call the question, which would require a vote of three-fifths of the Council. If that succeeds, then the question is called and the debate ends and then the Council would vote on it. Since Councilmember Duggan had the floor, the discussion continued. He expressed his concerns about the budget and noted that everyone is aware of the challenges in the Police Department. However, he did not believe that the summary of recommendations addresses that. This has been put off for one reason or another since March and should not be put off any longer. However, Council should first delineate what it is that they want this Administrative Supervisor to do to fix this department and eliminate the toxicity. To him, there are fairly evident steps that could be taken. Having this consultant come in would be to delay it even further. There are quite a few things that the Council could do by themselves and by working with the Police Department. There being no additional comments, Mayor Krebsbach called for the vote. Ayes: 4 Nays: 1 (Duggan) June 21, 2016 Mendota Heights City Council Page 7 C) RESOLUTION 2016-55 SUPPORTING REGIONAL SOLICITATION GRANT FUNDING FROM METROPOLITAN COUNCIL FOR THE CONSTRUCTION OF A BICYCLE / PEDESTRIAN TRAIL ALONG DODD ROAD (HIGHWAY 149) City Engineer John Mazzitello explained that this resolution would be in support of a grant application for constructing a bicycle/pedestrian facility along Dodd Road. There are two significant sections that are being looked at with this grant application. From Marie Avenue north to Delaware: The identified gap between Maple Street at The Village to Marie Avenue is incorporated in MnDOT's Dodd Road Project in 2018. The City has funds set aside in its MSA account to fund that project. There is no separated trail facility from Marie Avenue north to Delaware, pedestrians and bicyclists ride on the shoulder of Dodd Road From Decorah Avenue/Wagon Wheel Trail south to Mendota Heights Road: This section is part of the master plan document Dakota County has for the Mendota -Lebanon Hills Greenway Trail Project. This would be a joint application with Dakota County for construction of this trail facility. Earlier this year, the City received a grant from Dakota County through Statewide Health Improvement Program do to a feasibility study on constructing this trail. Their information would be used to augment the grant application to the Metropolitan Council looking for the construction funds for this facility. Staff anticipates the Marie to Delaware section to be in the $700,000 range and the Wagon Wheel Trail to Mendota Heights Road section to be in the $500,000 range. Actual cost estimates have not been received. These are price tags that would not normally be afforded by the City so they are seeking grants through the Metropolitan Council to try to get the construction funds necessary to build these segments. The section from Marie to Delaware would be a city trail and the match for the grant would have to be paid by the City; anticipated to be 10% - 20% of the construction costs; municipal state aid funds are available to cover that match if successful in getting the grant. Because it is included in their master plan for the Greenway, the County would match the Decorah/Wagon Wheel Trail to Mendota Heights Road section if the grant application were successful. Councilmember Petschel asked, for clarification, that getting this grant does not finalize the final track of the trail from Lebanon Hills to The Plaza. Engineer Mazzitello confirmed. This is just one step in the process towards that ultimate goal. Councilmember Duggan asked what action the City would take if the grant was not received. Engineer Mazzitello replied that if the City is not successful in obtaining the grant, and if Council would still desire to build the trail, they would have to find the funds somewhere else. Councilmember Povolny moved to adopt RESOLUTION 2016-55, SUPPORTING APPLICATION FOR REGIONAL SOLICITATION GRANT FUNDS TO CONSTRUCT AN OFF-STREET TRAIL ALONG DODD ROAD (STATE HIGHWAY 149). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 June 21, 2016 Mendota Heights City Council page 8 D) APPOINTMENT OF REPRESENTATIVE TO THE DAKOTA COUNTY EAST WEST TRANSIT STUDY POLICY MAKER WORKSHOP City Engineer John Mazzitello explained that Dakota County embarked on a transit study that is going to look at east/west transit needs through Dakota, Washington, and Scott Counties. The technical advisory team that has been getting together over the past several months has come up with some demographics and some research. They are prepared to share that with Policy Makers in the affected communities. They are asking for an elected official or appointed commissioner to be appointed to the Policy Maker Team. They have a meeting on July 13 from 3:30 — 5:30 at the Eagan City Hall. There may be subsequent Policy Maker meetings further on down the road as the study develops. Mayor Krebsbach stated that she received a letter from Chair Nancy Schouweiler inviting her, or a designated elected official to attend. Mayor Krebsbach noted that she would like to attend the first one as this has been a key issue but would like another person to be an alternate with her. Councilmember Norton stated that he would like to be the alternate. Councilmember Petschel moved to appoint Mayor Krebsbach to the Dakota County East West Transit Study Policy Maker Team with Councilmember Norton as the alternate. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) ACCEPT THE RESIGNATION OF THE ASSISTANT TO THE CITY ADMINISTRATOR / HUMAN RESOURCES COORDINATOR City Administrator Mark McNeill stated that it was with great regret that Assistant to the City Administrator / Human Resources Coordinator Tamara Schutta has tendered her resignation after being with the City for five years. She has recently accepted a position at the City of Lakeville to be their Human Resources Manager. The majority of Ms. Schutta's work has been in Human Resources but she has also done a number of special projects for the City. With only a couple of modifications to the job description, Administrator McNeill recommended that Council fill the position very similar to what Ms. Schutta had been doing. Councilmember Duggan moved to accept the resignation of Tamara Schutta as Assistant to the City Administrator/Human Resources Coordinator with regret, effective July 6, 2016; to approve the revised job description for the position; and to direct staff to advertise for her replacement. Councilmember Povolny seconded the motion Councilmember Duggan commented that some have been blessed and privileged to have Tammy work behind the scenes. She did it in a quiet and unassuming way that it was hardly known she was there. June 21, 2016 Mendota Heights City Council Page 9 That, to him, is the best type of employee to have. He expressed his appreciation for the work that she has done to make the City a much better place. Lakeville's gain is Mendota Heights' loss. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: • The Henry Sibley Baseball Team won the State 3A Baseball championship, defeating Mahtomedi by a score of 8-4. Mayor Krebsbach read the statement published by the Pioneer Press. • Visitation High School Junior Anni Heck won the class 2A State Golf Championship. • Cliff Timm Fishing Derby is scheduled for June 23 at Rogers Lake, starting at 5:30 p.m. • Vinnie Rose is playing at Market Square June 22 starting at 6:30 p.m. • July 1, 2016 has been proclaimed as Mom's Club of Mendota Heights Day. They will be having an event on July 1 at the park and invited past moms and present moms of the group and their children to Mendakota Park starting at 10:00 a.m. A fire truck will be there, a police car, and face painting. At 11:30 to 12:30 p.m. they will be providing a free pizza lunch. COUNCIL COMMENTS Councilmember Petschel brought up an article from the Pioneer Press on Father's Day. It involved a Mendota Heights couple, Louis and Kelsey Baumgartner, and was a story about a father who is a hero and all of the challenges this couple has faced within the last year. Complete article can be found at http://www.twincities.comJ2016/06/18/fathers-day-guillain-barre-syndrome-mendota-heights/ . She also noted an article where the Metropolitan Council is asking the City of Eagan to take a second look at Highway 149/55 potential traffic issues with the Viking development. Councilmember Duggan asked if there would be a fireworks display at Mendakota this year. The reply was that there would be fireworks on July 4th. He also gave the following reminders: • If anyone knocks on your door offering to cut down tree limbs, etc., they need a permit from the city. If they do not have one, call the Police Department. • Residents should also pay attention while having recreational fires; and check with neighbors to ensure there are no disturbance issues. • Drive safe Mayor Krebsbach wished: • Retrospective Happy Father's Day to all fathers and grandfathers • Happy Fourth of July • Congratulations to all of the graduates June 21, 2016 Mendota Heights City Council Page 10 ADJOURN Councilmember Duggan moved to adjourn. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:29 p.m. Mayor ATTES Lorri Smith City Clerk June 21, 2016 Mendota Heights City Council Page 11