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2016-06-07 Council minutesno other reason for terminating me without just cause. It is true that I mishandled a call through my mistakes. The mistakes were not significant enough to warrant termination. I would accept discipline for my errors, but not termination. The city is wrong in thinking that it can terminate a probationary sergeant for no reason at all. Chief Aschenbrener and City Administrator McNeill are misleading you. The Chief can only demote me without having just cause. My contract with the City says "a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the employer". He cannot fire me without cause. I am not a newly hired or rehired employee. But he does not want to just demote me ... we all know that [applause]. When Chief Aschenbrener is quoted in Mr. Nick Ferraro's article yesterday that he was surprised to hear I was alleging retaliation and that he "didn't know that was where they were going" he is simply not telling the truth. I've told every investigator working on his behalf — that's three IA's over the course of eight months — about the ongoing retaliation — it's all been recorded — including attorneys working for this city. When Chief Aschenbrener and City Administrator McNeill reported in Mr. Ferraro's article that they could not discuss the complaint lodged against me because I had filed a grievance over the recommended firing, they are also misleading you. I tried to file a grievance but the city's response was that they had "not taken official action" so my grievance was denied. Despite Chief Aschenbrener's best efforts — and I mean best efforts — you will not find a documented discipline in my personnel file. I'm shocked at the city's decision to terminate me. I'm saddened that someone who has performed at a high level for almost 20 years could be treated so maliciously. And I was angry ... and am angry ... that those decision makers continue to lack the courage to do the right thing [applause]. Eight years of documented and reported harassment, discrimination, and retaliation — headed by Chief Aschenbrener and carried out by those in his selected group. Many of our city leaders have failed this Police Department for years and it is time for it to stop [applause]. They failed many good officers, past and present, who have worn the Mendota Heights Police Badge with honor and integrity. They failed us citizens who deserved to live in a healthy community. It's time for a change. Today I want to let those who care about this community as much as I do — as we do — know that change is coming. My union representative and Attorney Joe Ditsch has joined me to do just that. My brother Scott Patrick was in the process of telling his story before he was tragically taken from us. I'm prepared to tell mine. Sadly our stories are quite similar and we are not the only ones who have been retaliated against over the past four years. Unlike the flawed investigations — let me repeat — unlike the flawed investigations in the past, which were controlled by Chief Aschenbrener and those working on his behalf, my story will not be so easily covered up and forgotten [applause]. I am confident that the truth will be heard and those responsible will be held accountable. June 7, 2016 Mendota Heights City Council Page 3 My family and I want to again thank everyone who has come out here to support us. In supporting us, you support everyone who has faced similar mistreatment and bullying, whether it be at home, work or school. As a police officer I have never expected to be on the other end of such behavior. A police officer's job is difficult enough [applause]. My hope is that by sharing my story, perhaps those in positions of power, regardless of their profession, will reflect on the way they lead, supervise, and manage people. It takes courage to lead and courage to do the right thing. Courage has been sorely lacking within this city's leadership group for far too long [applause]. My family and I will remain optimistic about the future, as the great poet and civic activist Maya Angelou once said "People will forget what you said, people will forget what you've done, but people will never forget the way you made them feel" [applause]. To everyone here this evening who shared kind words and support, thank you for making us feel that [applause]. God bless Officer Scott Patrick. [applause, cheering] Mayor Krebsbach Others wishing to speak Neil Garlock [applause, cheering] I'm Neil Garlock, a retired sergeant from the Mendota Heights Police Department. Bobby and I go way back. I trained him on the first day he came on this police department and, been on thousands and thousands of calls with him and supervised him for many years. I always evaluated Bobby. Bobby always had the highest evaluations of any police officer I ever had on this police department. There is an old saying in the Marine Corp. "Semper Fidelis" means "always faithful". And why I am here today is I am always faithful to Bobby Lambert and every cop on this Mendota Heights Police Force [applause / cheering]. Bobby believes in the same principles as I do and that is `semper fidelis'. Bobby was always faithful to this community and this police department and everybody in this room. City Council, are we going to be faithful to Bobby? Bobby laid his life on the line. What do we do for Bobby? We have to do the right thing. This witch- hunt has to stop. All of this harassment, retaliation, this stuff that has been going on for years has to stop now [applause]. Bobby has an impeccable record. 20 years of service — never been disciplined one time. Well, there is a few times they tried to do it but we got in the middle of it and we took care of it, didn't we Bobby? Damn right we did. This police department used to be the jewel of Dakota County. Everybody wanted to be a Mendota Heights Cop when I came, right? I came from Iowa and I knew what it meant when you became a Mendota Heights cop — you were a cop, you were a good cop, and everybody respected you. Now we have turned into a joke; we've turned into a circus. Do you know why it happens? It happens with leadership at the top [applause / cheering]. You are the leadership of this community. Apparently, with all of the recent media and the June 7, 2016 Alendota Heights City Council page 4 coverage of this police department, the chief has lost control of this police department. And so I say, Bobby's ultimatum was `resign or be fired'. I say the same to the Chief of Police [applause / cheering]. In passing, I would like to say one more comment here. I retired from this police department two years ago, I was very proud of my career here. I gave everything I could. Now when I talk about the police department I'm embarrassed. I'm embarrassed that I came from this police department lately. That patch doesn't mean anything to me anymore; it's terrible, it's a joke. And you guys have to do the right thing, get the right chief in here, and get this mess squared away [applause / cheering]. Mayor Krebsbach Thank you Neil. Officer Larrabee John Larrabee Council, Mayor — John Larrabee, Police Officer City of Mendota Heights — one week shy of Bobby Lambert. This man is my best friend. I am not getting into any complaints, past issues, or anything. I'm just here to say I know what happened, it's known what happened, do the right thing. Support Bobby Lambert [applause]. Teresa Gangelhoff My name is Teresa Gangelhoff and I was the past recreation programmer for the city for 11 years. When I found out that Bobby was going to be let go I felt I needed to come here and support him for what has happened to several dedicated staff over the past few years under the direction of this Council and current and past administration. This Council needs to investigate why a staff member is being let go and not just take the administration's word for it. Hard working staff are put on the chopping block without anyone on this Council taking any effort to talk to that staff member, except for Ultan Duggan — I'll give him credit because he does. He gets to know the staff, he gets to talk to us — if you have anything to say he always listened and he was always there for you [applause]. You need to find out the real reason the administration may be asking to take them off of the payroll. They seem to cover up mishandling by the administration and find it easier to just let them go. You need to do your homework and stop going along with these recommendations from administration without investigating it. You need to look into the real reasons they want to do this; and you'll find out the real reasons are usually to cover up those mistakes of those administrators and it is not anything the staff did. If you can't do the job right then please step down and let someone that will. In my 11 years here, as I've said, Ultan Duggan is the only one that actually connected with us. I think you really need to find out what's going on before you make your decision. We wouldn't be in this situation this evening if each and every one of you would do that. Remember you are elected by the people to be their voice [applause]. Beau Heidelberg Hello, Beau Heidelberg, long time resident in Mendota Heights here. I would first like to thank the Council and department for hearing our voices tonight as the citizens of this community, who have elected you to your positions to represent the will of the people and not the whims of the Chief of Police. As a nearly lifelong citizen and homeowner for over a decade in Mendota Heights and June 7, 2016 Mendota Heights City Council Page 5 Mendota, I have a vested interest, for myself and my family, in the health and positive operation of our police force on a daily basis. Right now I do not have confidence that our Police Department is healthy and fully operational due to the current environment being created by the powers that be. Officer Lambert has served our community for 20 years. I have dealt with him as both a juvenile who needed some accountability and as an adult who respects and appreciates his role in our city based on his demeanor, professionalism, experience, and whole hearted involvement in the community from coaching our kids to volunteering for various events. Based on the information I, as a community member, have to this point, on this topic, as well as the opinion of others, I can't help but question a few things regarding the chief s wish to terminate the 20 years of service Officer Lambert has offered to this community. Was this planned from day 1 of his promotion? Promoted June of 2015, to which he was opened up to a probationary status with his new position, allowing him to be terminated — as I've come to understand — without cause. So was this a set up from the beginning? And, as we know, via the City and court proven record, that a settlement of $50,000 was reached, cited September 22, 2015 in the Pioneer Press, for violations of the Minnesota Whistleblowers Act and Peace Officer Discipline Procedures Act in the civil lawsuit filed against the Chief and the City. In my opinion, and the opinion of many based upon our own observations as well as conversations I've had with multiple experienced city employees, who do not feel that their voices can be heard for fear of retribution, I'm stepping up to let their voices be heard. The chief does not seem to cultivate a community of teamwork, camaraderie, or really an environment that I think my police officers need to have to feel comfortable coming to work every day. But rather, he attempts to lead through intimidation, cronyism politics, and favoritism and well as bullying. These types of leadership have no place in my community and I would like to put forth an individual vote of `no confidence' in the leadership of Mike and what he is offering [applause]. In fact, I would like to personally — as a tax paying citizen of this community — like to offer an alternative to the hearing today and ask respectfully that the Council considering terminating Chief Aschenbrener [applause / cheering]. We need this so the department can start anew and move forward without the cloud of mistrust, scandal, and favoritism that is tainting it on this very day. I believe, based on the current toxic environment within our department, we need to change things from the top down. And rather than removing an officer who has faithfully served our community for over two decades being removed, we consider removing the administration that has failed to lead our department in the positive, unifying direction that we, as a community, need. We, the people, have elected you, the Council, to represent our wishes at the City level. Should we as citizens support an administration and department that will allow the pursuit of personal vendettas over the course of months and years to serve their own personal or professional goals, whatever they may be? Or do we support an officer who has dedicated nearly half of his life to the betterment and safety of our neighborhoods? Thank you for your time. I trust the right decision will be made on behalf of we the June 7, 2016 Mendota Heights City Council Page 6 people [applause / cheering]. Nancy Hi, my name is Nancy. I am Michelle Patrick's sister. She wrote a letter and I am reading it because she has laryngitis right now. I feel the police officers' sergeants should be really focusing on abiding the law on the streets and in the community. They should not be focusing on the bad decisions that are being made in the department. There has been a bad decision regarding a picnic table and the disposal of a cell phone, a black bag just sitting around, and the use of public transportation for personal use. If a civilian had these bad decisions, they would have had to go to court. Having a badge on your chest should not give you permission to not abide by the law. These things have been happening way too long and need to stop. On July 16, 2013 Scott Patrick sent a two and a half page letter to the Mayor to complain how he has been 1) feeling harassed; 2) in a hostile work environment; 3) threatened, retaliated; 4) been ignored by the City Administrator; 5) the chief ignoring criminal activity; 6) having a slanderous report filed — but no action was done to even help out Scott after this letter. After reading the article in the Pioneer Press yesterday, I can't help but wonder if the Chief has had any idea what retaliation is. Workplace retaliation is about making people afraid; afraid to complain or to assert your rights. It should not matter whether the original complaint is valid; you should not be punished for standing up for yourself. If you are being punished, who is ever going to speak out? Those that are not speaking up for themselves it's just because they want to keep their job. It is hard to prove retaliation but just know that it is illegal. Sergeant Bobby Lambert is a great guy and should not be the one approved to be fired. It breaks my heart to see a department having a work environment that they complain about or do not even talk about with pride to be working here. I hope you make the right decision and realize where the problem really is. Thank you for your time [applause]. Melissa Hathaway Hi, my name is Melissa Hathaway. I've lived here for over 35 years. I've never had a complaint with a police officer in our community. Our cops need to be respected; not disrespected. They need encouragement to do their jobs; not people that just sit back complacently and not stick up for them. I'm really tired of this. It's a shame. And I'm ashamed of it. We have another Police Chief over in West St. Paul — a great guy, does a good job. I like his officers too. But, of course, I like all cops. They all do a good job. They have a hard job to do and it's dangerous. They need to be respected and given credit for every minute they are on the police force. Thank you [applause]. Mayor Krebsbach Anyone else wish to speak? This is the time to speak. Angie Martin My name's Angie Martin, I'm Bobby's next-door neighbor. I just want to speak to when I moved to Mendota Heights four years ago and that I loved this town. I would guess at least seven people came up to me and said, you know, your neighbor is a Mendota Heights Police Officer and he is awesome. And you could just see the respect for him beaming from their faces. And our whole June 7, 2016 Mendota Heights City Council Page 7 neighborhood loves Bobby and they love having a Police Officer live among us. You will break us — you will make us hate this town. Don't do that to us [applause]. Bryan Burkhalter Good evening. I am retired Sergeant Bryan Burkhalter from Rosemount Police Department. I have no idea of what is actually going on in Mendota Heights here but I can speak for Bobby as being a member of Dakota County MAAG Team. I was his supervisor for 11 years. I have the utmost respect for Bobby and all of the team members on the team. We have a high ethical standard in order to be a SWAT team member. We cannot have any moral — any question on anybody's ethics on the team due to the fact that we are in a high profile position. Bobby has fulfilled those and went beyond them. He was a trainer for active shooting; he led up that training along with other members of our department. I've had a lot of praise from school officials on the work he has done with the training, allowing several officers in his community. He has headed up the training to train regular street officers to respond to active shooter training. Again, I feel it is very, very wrong to fire Bobby over a probationary mishap. Thank you [applause]. Mayor Krebsbach Anyone else wish to speak? Katie Sullivan Good evening everyone. My name is Katie Sullivan; Bobby Lambert and I are family. I've had known him my whole life. Bobby is kind, thoughtful, honest, faith -filled, extremely hard-working, crazy athletic, and wickedly funny. He is, most importantly, a good guy in every sense of that phrase. The Police Chief is not any of those things and that will, eventually, be exposed [applause]. For those of you voting tonight, time will reveal the truth. If you stand with the Chief tonight you will standing for corruption, deception, and lies [applause / cheering]. If you stand with Bobby, you will be standing for goodness and truth [applause]. My husband and I have three young kids; 8, 6, and 2. Our eight and six year olds are boys and idolize Bobby Lambert. As young boys, cops are real life heroes. Bobby is amazing because he is a childhood hero who doesn't disappoint through a grown-up lens. He is a true hero who makes our family, Mendota Heights, and the State of Minnesota proud. I love you Bobby. Joe Seidel Joe Seidel, I am a resident of Mendota Heights and am also a teacher at St. Thomas Academy. I taught Bobby, I coached Bobby; I coached him in baseball — despite my best efforts to coach him he actually turned out to be a pretty good player [laughter]. I work with young people. I've spent my whole life working with young people as a teacher in the community, and even in law enforcement in a seasonal, part-time capacity. And there are so many young people today that need heroes and I'm so glad that word is being used because that is what Bobby is to our students at St. Thomas Academy as an alumnus, but as a police officer and a police sergeant he is a hero. Every time he comes on campus, the kids swarm around him. They watch to see how he conducts himself — it's always with true professionalism and kindness; but also a firmness that `the buck stops here' — he is just a great cop. And we cannot lose him. June 7, 2016 Mendota Heights City Council Page 8 June 7, 2016 Mendota Heights City Council Page 9 One last thing. There is such a tremendous pride that people have in Mendota Heights as residents. And that pride was shattered with Scott's death. To let Bobby go would be to prolong this wound in this department and in this community. And you are the folks with the leadership; you have the decision and you can do the right thing [applause]. Mayor Krebsbach Anyone else wishing to speak? Pam Stein My name is Pam Stein. I have three children and we have lived in Mendota Heights for almost 10 years and own a home here. In our 10 years here we have become acquainted with a number of officers in passing. The only Mendota Heights Police Officer to take time to learn our names, to greet us by name, and to high -five my kids was Bobby Lambert. To our family he is the best. And, in my life, the lesson I've learned is you don't get rid of the best. If we ever had a law enforcement need in our family I would hope and pray that Bobby Lambert would be the officer assigned to investigate. Please, please take into consideration what the community is feeling on this. He is the best and please keep him [applause]. Grey Staples Hi, my name is Grey Staples. I'm a 13 year resident of Mendota Heights. I'm not related to Officer Lambert nor am I a neighbor of his, but I can tell you my experiences with him. My introduction to him was as the police officer who came to escort the little kids around the neighborhood on the 4th of July parade. He was a terrific police officer in that regard. My other exposure to him recently was, he was the first responder to a house party that a group of adults were having, in which one of the adults fainted and he the one who administered the initial care and he was considerate, he was thoughtful. I don't know what the City Council will do with this; I mean I understand that, I think, before you is the question `yes or no firing, or not firing'. I would suggest or hope that there is another avenue; such as tabling the motion to be able to give it more consideration. `Cause very clearly, Officer Lambert has a lot of supporters, a lot of people very much like him, I do firmly believe that he is great police officer from what I've read. I don't know the specifics of this particular situation that would have caused him to be let go; but I have to believe, based on what I have read, that there is more to the story and when I say more to the story — I don't mean more the story in terms of there are reasons for him to be fired — I mean more to the story in terms of there are other things in play here that would cause his dismissal. Things that definitely should be brought to light. I don't think there is any question. So I would ask that, if you have the option of doing something other than voting a yes or no, that you table the matter and consider it another time. I realize that there has been a process up to this point, but it would appear that, based on the folks here — none of us knew about it until just now. Thank you for your time. Mayor Krebsbach Thank you for your comment. Victor Loray My name is Victor Loray. I'm pretty sure none of you know Bobby that well. I can guarantee you. Bobby is a really, really good man and his boss is a bully; and good men stick up to bullies [applause]. Mayor Krebsbach OK, any other comments [No name] The fact that Bobby Lambert is here in the first place is because of his integrity. He took on the big dog; and that is why he's here. Because he had the courage not to be bullied [applause]. June 7, 2016 Mendota Heights City Council Page 9 Mayor Krebsbach Please be sure to give your name for the record. Kathy Peterson Kathy Peterson Mayor Krebsbach Kathy Peterson, thank you Kathy. We will ... I appreciate your comments, I appreciate your decorum. We will hear all of you. So ... anyone else wishes to speak? [No name] Mayor and members of the Council. I appreciate you guys hearing people talk tonight. I did not prepare anything formally because I didn't think that this was going to be the forum. But, I — like Sergeant Burkhalter before — I don't work at the Mendota Heights Police Department every day; I don't know the inner workings; I'm not going to pretend to know that. I can speak on Bobby's behalf as a professional and personal friend. I've known Bobby for 10 years and in the reverse life — he was supervised by Sergeant Burkhalter; well Bobby was my supervisor on the SWAT team. I got to watch Bobby was the leader that you wanted. He was approachable, he was genuine, he made you feel wanted, he moved the team forward, constantly improving and he handled the most critical incidents across all of Dakota County. And he was the commander responsible for several hundred thousand citizens in this county. That's Bobby as a professional; he does uphold — have I met police officers that tarnish the badge? Absolutely, and Bobby is not one of them. I've been in law enforcement for 10 years and the honor and integrity and courage that you heard tonight is true. But he also has those characteristics that I think sometimes people don't talk about. The empathy and knowing how to be that chameleon in the room that can relate to little kids yet at the same time go in and handle the most violent of suspects. I've learned a lot from Bobby. I took a lot out of his playbook professionally. And I think — if you want to know how Bobby represented the Mendota Heights uniform as well as the City of Mendota Heights, I think you just look at all of the people that are stacked in this room [applause]. On a more personal level, I too went to St. Thomas Academy and people can say what they want about that school but I'm proud of it. And I spent a lot of my time in Mendota Heights; unfortunately I have a lot of people at Resurrection Cemetery so do I spend a lot of my time here. And that is why I came tonight because I think it is important for the city to keep people like Bobby and uphold the values that Bobby portrays each day. As a personal friend, I've traveled around with Bobby across the country on a softball circuit; I see what he is like away from his family — he is not one of those guys that when he leaves — he's always the same, he's always genuine. He is a great coach to his kids, he's a cool dad, and I think it — he's the guy that, although a cliche, he's the one that would give you the shirt off of his own back if you needed it. Thank you for letting us speak tonight. Mayor Krebsbach Thank you sir. Shawn Scoville My name is Shawn Scoville. For seven years I served under Bobby's leadership. His decisions controlled whether or not I went home each night that I served June 7, 2016 Mendota Heights City Council Page 10 under him. I've never met a man with more honor, more integrity, or more courage than Bobby Lambert [applause]. I don't say this lightly — he is my brother. Your family is my family. I ask that the Council look at this room and see all of the individual officers, the individual people who came here, to support Bobby. There isn't a city in Dakota County that Bobby hasn't helped; there isn't a citizen in Mendota Heights that he hasn't served. June 7, 2016 Mendota Heights City Council Page 11 Sixteen years ago, Chief, I stood in front of a Council such as this and I took an oath. I took an oath to the City and to the people. Sir, you have failed the people of Mendota Heights and you failed to uphold what that badge represents [applause] . Mayor Krebsbach We will here, let's say three more. Anyone else wishing to speak. Jim Portam Thank you members of the Council. My name is Jim Portam speaking on behalf of Bobby. I don't come from a police service but I do serve the public on the fire side; been there eight years. I know that — you don't go 20 years without a nick on your record and then one time, you're fired. Nothing happened [applause]. There's retraining, there's coaching, there's mentoring, there's counseling — if you cannot look at this and see this is a blatant witch-hunt; it will come down on your shoulders. If you stand here and let this happen; let a good man of 20 years go because of one [rotten apple] mistake, it is a disservice to the entire community, which you are here to provide. Thank you. Mayor Krebsbach Thank you sir. Is there another speaker? [I'm not going to stumble over all of these people who give their mikes up. I'm an outsider and I've heard good things about Bobby through friends of mine] Mayor Krebsbach Sir, I do need to have you come to the podium. Mike Charlie My name is Mike Charlie and I am from the City of West St. Paul. I'm here because I have friends in Mendota Heights and they all speak highly of Bobby. All of got to say to the City Council, before you pass judgment you all should try and walk a mile in Bobby's shoes or anybody else's shoes. Mayor Krebsbach I do want to be clear — we will hear everyone that wishes to speak. Kathy Patrick I'm Kathy Patrick. And I would like to thank you for being here tonight. I would like to say that you need to investigate the chief — not Bobby. [pointing to Bobby] He is here for the people [pointing to the chief] he is not here for the people. You need to think about it. Support Bobby. We need your help [applause]. Mayor Krebsbach Anyone else wishing to speak? And again I do appreciate the way you're handling yourself, the decorum, it makes it possible for us to hear all of you. Anyone else wishing to speak? [No name] I am terrified right now standing here. As you all know, I'm one of your Police Officers, I've worked here for 10 years. I've been a cop for 15 years. Early in my career — I've got around a little bit — I've worked for six different agencies as a sworn Police Officer. I know what's normal, I know what's not. I have to be careful about what I say up here so I don't end up sitting in that seat right there [pointing to Bobby Lambert] [applause / cheering]. I've had ... June 7, 2016 Mendota Heights City Council Page 11 Mayor Krebsbach [background voices] Please, if we could — one thing that is really important — if June 7, 2016 Mendota Heights City Council Page 12 we just have the person speak. Thank you [continuing] I've had one-on-one conversations with several of you and I predicted this. I told you this was coming; I told you that this was going to happen. I've worked with Bobby for 10 years, I was his direct subordinate — we were team policing; so every day that Bobby worked, I was his subordinate. He was an amazing leader, I looked up to him, I still look up to him and regardless of what you do tonight that's not going to change. You need to do the right thing here as Beau Heidelberg said. You were elected by the people to do the people's will. The people of Mendota Heights are good people. That was evidenced — and I hate to even bring up the name because I do not want to politicize Scott Patrick's name and his legacy — that was evidenced after Scott's death — that the people of Mendota Heights are good people. They care about their cops. They don't want you to get rid of Bobby. We don't want you to get rid of Bobby [applause]. Trent Anderson Mayor and members of the Council. My name is Trent Anderson; I've worked with Bobby for 12 years as a Police Officer. And I can tell you that I am a better Police Officer because of Bobby Lambert. All the agencies in Dakota County are better because of Bobby Lambert. And I know this is a wealthy community, but there is not a budget that you have that will replace him. Mayor Krebsbach Anyone else wishing to speak? Brad Chaska Mayor and Council, Brad Chaska, retired from Dakota County as a Captain two years ago after almost 31 years. Bobby was a good friend of mine. I commanded MAAG and was on the MAAG team for 20 years. Like Sergeant Burkhalter, I don't know what's going on here with the dirty laundry here; I can speak for his integrity. If you are going to fire him over one incident, I can show you policies in the Dakota County Sherriff's Department named after me; but yet I made it all the way up to Captain. It ridiculous if you are going to fire him for one indiscretion. Chris Lambert Hi, I'm Chris Lambert. I'm Bobby's biological brother [laughter]. Mayor Krebsbach It's good that you claimed your turf. Chris Lambert There's a couple of things that I wanted to mention because I was back there listening. I wasn't going to say anything because I frankly don't have to, but they struck me. 1) I used that qualifier on purpose because you've seen like nine guys come up here and call Bobby their brother. That's not a mistake. I don't think that you are going to run into other people in his position that are going to have that kind of support. That's unique to him, just like the DNA we share is unique. 2) I was struck by the comment that you made thanking everyone for their decorum in this obviously incredibly emotional situation. That also is not an accident because, the reality is that everyone is up here behaving in the way they know Bobby would be proud [applause]. I know that's true because this is not the first time I've seen it. I've known him my whole life, obviously, and when we were kids growing up, we used to spend every weekend at our grandparents house. My mom, to this day, still marvels at the fact that we never fought when we were there. We never fought when we were there because our grandfather never considered fighting an option. It wasn't what you did when you are amongst family. And so we behaved in that way — that leadership, that sense of feeling, rubbed off on us. And it came from our grandfather. So it's not a mistake that June 7, 2016 Mendota Heights City Council Page 12 people are acting this way — 1) that they are passionate and 2) that they comporting themselves with dignity and respect. It's not a mistake. It's because of him. I've seen it before. So the reality is — and other people have said this — the reality is this community is going to lose so much more than you could possibly imagine. I too went to St. Thomas; I worked in this city; it really does — and it will probably come down to where ultimately do you want to be on this issue. It's not a today issue; it's not a next 10-, 15-, 20-, 30 -minute issue; it's not; this is a lifetime issue — for you guys anyway. Where do you want to be on this issue in 10 years, 20 years, 30 years. It's really that simple [applause]. Mayor Krebsbach Thank you Anyone else wishing to speak? OK. Thank you all for your comments. As I said at the very beginning, this is not simple. It's very challenging and difficult for all of us. Based on what I'm hearing this evening — and what I'm seeing this evening — and it is an amazing and respectful turnout in support of Bobby. Sometimes you need something like that to happen to say `Oh, I was going to go along this direction, maybe I was going to go in that direction.' And I've been known, God knows, to June 7, 2016 Mendota Heights City Council Page 13 So this item is on our agenda for a vote by the Council. Do I have a motion? Councilmember I would move that, because of the million of the things that are being said this Duggan evening, that nobody on this side, I think, has ever been aware of to the extent. My concern is the fragmentation of the community and I don't want that to happen. So I wasn't aware that Bobby was interested possibly in a demotion. At least I wasn't sure; maybe you're not. Because I would say that would be the action that I would support this evening. Bobby Lambert If I may speak, I was just interested in being left alone to do my job. [applause] Mayor Krebsbach Councilmember Duggan, are you going to make a motion. Councilmember I'm sorry, Madam Mayor may I? Norton Mayor Krebsbach Yes, please Councilmember Everyone — we were very respectful of your time and inviting you all up to speak. Norton If you could please let us do our process we would appreciate that. Thank you very much. Councilmember Thanks, Steve. Duggan I believe in March I was down in Arizona, but I was on a conference call (Note: This was a closed session) arrangement carrying this decision and the emphasis, which was stated clearly by Steve Norton, I supported it; the others I think eventually said `we have a young man here whose got a whole life ahead of him, he's got a family, he's been in our community for over 20 years — working for us. What should we be doing? The three options we thought we had were 1) a demotion back to being an officer, 2) termination, and 3) possibly a resignation. We did not determine that; those were presented as possibilities. And that is why we are here now trying to determine what it is that maybe we should be doing. Based on what I'm hearing this evening — and what I'm seeing this evening — and it is an amazing and respectful turnout in support of Bobby. Sometimes you need something like that to happen to say `Oh, I was going to go along this direction, maybe I was going to go in that direction.' And I've been known, God knows, to June 7, 2016 Mendota Heights City Council Page 13 go differently to the Council some of the time. My biggest concern is the fragmentation of the community. That has happened partly with the loss of Scott Patrick. That was tragic. But it seemed to draw the community together in a sense. And I don't think that has changed that much. Now if you ask all of the people out in the streets that are not here tonight — if you ask them `oh the city's fine, everything is fine'. And they don't necessarily pick on a fire department, administration, public works, or the police department. Everything is fine, our taxes are reasonable, streets are plowed, things are looking pretty good, we're happy. But here we have a situation that; how much of one side versus another we have I'm not sure; but I would move that we not terminate Bobby Lambert [applause / cheering]. That motion needs a second. Not a second of time, but it needed a second from the councilmembers or the Mayor. Mayor Krebsbach Is there a second? Is there another motion? Councilmember It is with sadness that I'll say that I move for termination. Norton [overlapping comments from the audience] Councilmember And I'll second — I second the motion. Povolny [overlapping comments from the audience] Councilmember Ladies and gentlemen, please. Again, we were respectful of your process in Norton speaking. [overlapping comments from the audience] Mayor Krebsbach I need order here or we will clear. Councilmember Much like the Mayor said, there is more to the story that we cannot share with Norton you. Mayor Krebsbach We have a motion. [loud comment from the audience] Councitmember Ma'am, please. Let us proceed with our process. Norton It is based on that information and the reports that I make my motion for termination. Mayor Krebsbach And we have a second from Councilmember Povolny. Any discussion? The only thing I will say — this is a process. We want to make sure ... [overlapping comments from the audience] All in favor? June 7, 2016 Mendota Heights City Council Page 14 [overlapping councilmember responses] Call the roll please City Clerk Lorri Councilmember Duggan: Nay Smith Councilmember Norton: Aye Councilmember Petschel: Aye Councilmember Povolny: Aye Mayor Krebsbach: Aye [overlapping comments from the audience] Mayor Krebsbach We will continue. Audience Chanting "Bobby". [overlapping comments] CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Povolny moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items a) Approve May 17, 2016 City Council Minutes, b) Approve May 24, 2016 Council Workshop Minutes, and o) Write Off Outstanding Developer Invoice. a. Approve May 17, 2016 City Council Minutes b. Approve May 24, 2016 Council Workshop Minutes c. Acknowledge May 24, 2016 Planning Commission Minutes d. Adopt Revised Snow Plow Policy e. Adopt Ash Tree Management Policy f. Acknowledge April 2016 Fire Synopsis g. Approve Personnel Action Items h. Already Acted Upon i. Authorize Replacement of the Friendly Hills Hockey Boards/Fence j. Approve Resolution 2016-51, PUD Amendment for United Properties at 1312 Northland Dr. k. Authorize Out of State Travel for Fire Department 1. Authorize Purchase of Used Community Service Officer Squad m. Authorize Change of RFP Scheduling for Professional Services n. Approve Claims List o. Write Off Outstanding Developer Invoice p. Change July 5, 2016 Regular Council Meeting date to Wednesday, July 6, 2016 Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 June 7, 2016 Alendota Heights City Council Page 15 PULLED CONSENT AGENDA ITEM A) APPROVAL OF MAY 17, 2016 CITY COUNCIL MINUTES Councilmember Petschel stated that she requested this be pulled from the Consent Agenda because she and the Mayor were not present and; therefore, cannot vote. Councilmember Duggan moved to approve the May 17, 2016 City Council Minutes. Councilmember Povolny seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 (Petschel, Krebsbach) B) APPROVE MAY 24, 2016 COUNCIL WORKSHOP MINUTES Councilmember Duggan asked that Councilmember Povolny be recognized in the minutes for the great suggestion he gave in relation to the gas grills at Ivy Falls. Clerk Lorri Smith agreed to add this item for the record. In relation to a proposed Snow Plowing Policy, `damage to city equipment from objects in the right of way will be the property owner's responsibility', Councilmember Duggan asked if staff could inform those residents affected. City Engineer John Mazzitello noted that in the fall edition of the Heights Highlights, the updated policy will be extensively focused on. He also confirmed that when an item is identified as being in the right of way, city staff does typically inform the homeowner. Councilmember Duggan moved to approve the May 24, 2016 Council Workshop Minutes with the added recognition to Councilmember Povolny. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 O) WRITE OFF OUTSTANDING DEVELOPER INVOICE Councilmember Duggan noted that Hidden Creek Development owes the City approximately $9,400 that the City has tried for years to obtain, unsuccessfully. He believes that the City should not let this go. He would speak to the person and see if he could get this resolved. Councilmember Norton moved to table the Write Off of Outstanding Developer Invoice. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 June 7, 2016 Mendota Heights City Council Page 16 There were no public comments. No items scheduled. PUBLIC COMMENTS PRESENTATIONS PUBLIC HEARING A) NEW LIQUOR LICENSE FOR HAIKU INC. City Clerk Lorri Smith explained that Haiku Inc. dba Haiku Japanese Bistro has applied for an On Sale Intoxicating and Sunday Liquor License. This is a transfer of a current license that has been issued to Haiku Japanese Bistro Inc. The police department is currently in the process of conducting the investigation. Per Code, all new liquor license applications shall not be approved before the next regular City Council meeting after the public hearing. Staff recommended that the City Council hold the public hearing, consider the comments brought forward, and then close the public hearing. Official action can take place on this license at the next City Council meeting, scheduled for June 21, 2016. Mayor Krebsbach opened the public hearing and invited members of the public to comment on this liquor license application. Seeing no one coming forward to comment, Councilmember Duggan moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) APPROVE LIQUOR LICENSE RENEWALS City Clerk Lorri Smith explained that this public hearing was to receive comments on the renewal of all of the current liquor licenses, which will expire on June 30, 2016. Background investigations have been completed and no negative findings were found. If approved, the licenses would be effective July 1, 2016 through June 30, 2017. Staff recommended that the City Council hold the public hearing, consider comments from the public, and approve the issuances of these licenses; contingent upon the City receiving some outstanding documentation as noted in the Council memo. Mayor Krebsbach opened the public hearing. June 7, 2016 Mendota Heights City Council Page 17 Seeing no one coming forward to speak on this topic, Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Norton moved to approve the liquor license renewals as outlined, contingent upon the city receiving the outstanding documentation from Tommy Chicago's Pizzeria and King and I Thai: Intoxicating Liquor and Sunday Liquor licenses: • Felipe's LLC dba Teresa's Mexican Restaurant, 762 Highway 110 • Courtyard Management Corp. dba Courtyard by Marriott, 1352 Northland Drive Club Liquor and Sunday Liquor licenses: • Mendakota Country Club, 2075 Mendakota Drive • Somerset Country Club, 1416 Dodd Road Wine licenses: • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off -Sale Liquor licenses: • Maple Tree Mendota Retail LLC dba The Wine Market, Suite 101, 720 Main Street • Twin City Beverage Inc. dba Mendota Liquor Barrel, 766 Hwy 110 On -Sale 3.2 percent Malt Liquor licenses: • Mendota Heights Par 3 located at 1695 Dodd Road • Mendo Restaurant Group, Inc., dba Mendoberri located at 730 Main Street • Windy City Pizza LLC dba Tommy Chicago's Pizzeria located at 730 Main Street • King and I Thai, LLC, dba King and I Thai, 760 Highway 110 Off -Sale 3.2 percent Malt Liquor licenses: • Northern Tier Retail LLC dba SuperAmerica #4521 located at 1080 Highway 110 • Northern Tier Retail LLC dba SuperAmerica #4516 located at 1200 Mendota Heights Road Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 NEW AND UNFINISHED BUSINESS A) CONSIDER 12 -MONTH EXTENSION OF THE OAKS PRELIMINARY PLAT Planner Nolan Wall explained that the Council had approved a Preliminary Plat for The Oaks development in July 2015. The plat included three lots for residential development. Since that time, the developer has been working to obtain easements to extend sewer service prior to final plat approval. The Code requires final plat approval within one year of the preliminary plat approval unless an extension is approved by the City Council. June 7, 2016 Mendota Heights City Council Page 18 According to the property owner, negotiations with an additional property owner have not been successful in order to obtain the necessary easements. As a result, the applicant is requesting a 12 -month extension to allow the property owner time to work with the City to possibly include the sewer extension in a future Mendota Heights road rehabilitation project. Mayor Krebsbach asked if this is customary. Planner Wall replied that this is fairly common among local governments to have a stipulation like this. Councilmember Duggan moved to grant a 12 -month extension of The Oaks preliminary plat. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2016-45, CONDITIONAL USE PERMIT AT 1002 OXFORD CT — PLANNING CASE 2016-11 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to construct a roof -mounted solar energy system at 1002 Oxford Court. He shared an image of the lot location, at the end of a cul-de-sac just off of Walsh Lane. The subject parcel is approximately 18,500 square feet and is guided for low-density residential development in the Comprehensive Plan. He further explained that the Council recently adopted Ordinance 485, which created standards for alternative energy systems. This Ordinance permitted solar energy systems as a Conditional Use in all districts, subject to conditions. Planner Wall explained the standards required for alternative energy systems in relation to this request. Councilmember Duggan asked if there is a provision in the code that requires the roof to be brought up to standards if the solar panels were removed and the unexposed roofing materials underneath are not the same color as the exposed roofing materials. Planner Wall replied that this is not currently part of the code. Councilmember Petschel stated that roofs are frequently discolored by the rain, trees, and the sun, and she is content with the way the ordinance is written. After a short discussion the Council requested that staff research other cities to determine if roof discoloration is something that should be addressed. Councilmember Petschel noted a question brought up by the Planning Commission on whether Council approval was really necessary for these kinds of installations. Planner Wall replied that the sentiment of the Commission was such that this was a policy decision that the Council is free to revisit as needed in the future. Mrs. John Allen explained how they came to the decision to install solar panels. Michael Allen, representing All Energy, explained the type of solar panels to be installed and how the system will work. June 7, 2016 Mendota Heights City Council Page 19 Councilmember Duggan moved to adopt RESOLUTION 2016-45 APPROVING A CONDITIONAL USE PERMIT AT 1002 OXFORD COURT with conditions as stated in the resolution. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 C) RESOLUTION 2016-46, CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS RD — PLANNING CASE 2016-14 Planner Nolan Wall explained the applicant was seeking a Conditional Use Permit to construct a roof - mounted solar energy system at 701 Mendota Heights Road, Friendly Hills Middle School. He shared an image of the property, which is surrounded by the Friendly Hills Neighborhood on the north and to the west; Kensington Neighborhood to the south across Mendota Heights Road. The subject parcel is approximately 30 acres and is guided as a school in the Comprehensive Plan. Planner Wall shared the standards applicable to this application and explained how those standards are being met. Mr. Michael Kampmeyer, a representative of TruNorth Solar, LLC, answered questions from the Council. Mayor Krebsbach asked if there were any benefits for School District 197. Mr. Kampmeyer replied that there is a meter program that goes up to 40kw which the school was able to take advantage of, as well as some credits that are given by the State of Minnesota. Councilmember Duggan moved to adopt RESOLUTION 2016-46 APPROVING A CONDITIONAL USE PERMIT AT 701 MENDOTA HEIGHTS ROAD with conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 D) RESOLUTION 2016-47, VARIANCE AT 2165 TIMMY STREET — PLANNING CASE 2016-12 Planner Nolan Wall explained that the applicant is seeking to reconstruct a deck onto an existing single- family dwelling and a variance is required from the applicable side -yard setback standards. He shared an image of the lot location, which is located on the corner of Timmy Street and Cullen Avenue, surrounded by existing R-1 Residential properties. The subject parcel is 14,914 square feet and is guided as low-density residential on the Comprehensive Plan. A previous property owner constructed a deck that wraps around the northwest corner of the existing dwelling and extends into the rear and side yards. The existing deck is located approximately 2.5 feet from the northern property boundary line in the side and rear yard and is therefore noncompliant with the required 10 -foot side yard setback standard. Since June 7, 2016 Mendota Heights City Council Page 20 the proposal is to demolish the existing deck and reconstruct it, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments into the required setback areas. The existing dwelling is located 11 feet from the north property boundary line and a patio door accesses that portion of the deck that extends into the rear yard. The applicant is proposing to have a 4 -foot wide deck instead of the current 8 -foot wide deck. The deck would extend throughout that length into the rear yard and into the rear yard deck to be reconstructed as well. As proposed, this would require a 3 -foot variance. Planner Wall then shared the three standards of review for the variance request and explained how the proposed reconstructed deck would meet those standards. The Planning Commission recommends that the walkway be 4 -feet wide; however, it also incorporated staff's recommendation in that it only extends 4 -feet off of the northwest corner. The Planning Commission wanted to ensure there was adequate room for the door swing radius. Mr. Richard Dugan, applicant, stated that he would prefer the 4 -foot wide walkway to the back of his deck as 3 -feet hardly allows for two people to pass each other. Councilmember Petschel moved to approve the 3 -foot variance request to allow construction of a 4 -foot - wide walkway from the existing patio door to access the side yard and compliant portion of the proposed deck in the rear yard, based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 E) RESOLUTION 2016-48, LOT SPLIT AND VARIANCE AT 810/804 RIDGE PL — PLANNING CASE 2016-13 Planner Nolan Wall explained that the applicants are seeking to subdivide an undeveloped portion of 810 Ridge Place to be combined with 804 Ridge Place. He then shared an image of where the subject parcels are located. He also shared an image of the existing conditions on the properties. A lot split does require City Council approval before being recorded by Dakota County. In addition, a variance is necessary to create a parcel, which is nonconforming with the required minimum lot width standard in the applicable zoning district. The subject parcels respectfully are 3.1 acres and 4.1 acres and are guided low-density on the Comprehensive Plan. The property owners of 810 Ridge Place, which is Lot 6, are requesting approval to split a 1.95 -acre parcel to sell to the property owner at 804 Ridge Place, which is Lot 7 of the plat. Both subject parcels would maintain the existing side yard setback standards along the interior lot line, as well as the existing lot widths along Ridge Place. Since the entirety of the existing lot line is not being adjusted, the proposal is considered a lot split and not a lot line adjustment. If approved, the property in question would be combined into Lot 7 and would not be developed at this time. June 7, 2016 Mendota Heights City Council Page 21 Specific to the lot split request, the City Code does allow for subdivision of parcels provided that the resulting lots are compliant with the requirements within the applicable zoning district. In this case, the proposed lot split has no frontage on a dedicated right-of-way and does create a temporary non- conformity with the R-1 district's minimum lot width standard. The existing lot sizes and lot widths of both existing parcels would remain compliant with the applicable standards. In order to assure that the non -conformity created by this proposed lot split is illuminated within a reasonable amount of time, a condition of approval is included that requires the private property owner combine and dissolve that newly created parcel by October 31, 2016. Planner Wall then reviewed the three required standards to be met in relation to the variance request and explained how these standards are being met. Mayor Krebsbach asked if the potential for a lot split to construct another home would be created. Planner Wall replied that the particular property has no right-of-way platted or right-of-way frontage bordering the property in question whatsoever. Councilmember Duggan asked if there was any consideration of restrictive covenants as to protecting site -lines if anyone chooses to put up a fence. Mr. Scott Knowlton, 810 Ridge Place, replied that Mr. John Steenberg [owner of 804 Ridge Place] approached him a couple of years ago with concern of his backyard view being altered should Mr. Knowlton decide to sell his property. Councilmember Duggan clarified his question by asking that if the neighboring property owner was wishing to protect his opening, if this would be considered a private agreement between them as opposed to the City getting involved. City Attorney Tom Lehmann replied that the City would not be involved. They would only need to file that with Dakota County; not with the City. Councilmember Petschel moved to adopt RESOLUTION 2016-48 APPROVING A LOT SPLIT AND VARIANCE AT 810 AND 804 RIDGE PLACE based on the findings of fact and conditions as stated in the resolution. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 F) RESOLUTION 2016-49, VARIANCE AT 2305 APACHE STREET — PLANNING CASE 2016-15 Planner Nolan Wall explained that the applicant is seeking to demolish and reconstruct an addition to an existing single-family dwelling, which requires a variance from the side yard setback requirements in the R-1 zoning district. He shared an image of the subject property outlining its location. The subject parcel is 15,110 square feet and is guided as low-density residential on the Comprehensive Plan. The previous property owner constructed an addition on the backside of the garage and the side of the house, near the southern property boundary line. The applicant submitted a building permit application to demolish and reconstruct the 98 square foot addition to accommodate a wheelchair access ramp into the dwelling from the existing garage. June 7, 2016 Mendota Heights City Council page 22 The existing attached garage encroaches 5.2 feet into the required side yard setback area. However, no exterior improvements are included as part of the proposed project. The proposed addition to be reconstructed would be in the same footprint as the existing condition, would encroach 1.6 feet into the side yard and requires a variance. Since the nonconforming addition is proposed to be demolished and reconstructed, the applicant is required to seek the appropriate approvals necessary for any proposed encroachments. Planner Wall then shared the three standards of review for approval and shared how this proposal meets those standards. Mr. Michael Hayes, 2305 Apache Street, made himself available for comments or questions. Councilmember Duggan moved to adopt RESOLUTION 2016-49 APPROVING A VARIANCE AT 2305 APACHE STREET based on the findings of fact and conditions as stated in the resolution. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 G) RESOLUTION 2016-50, CONDITIONAL USE PERMIT AT 2535 PILOT KNOB RD — PLANNING CASE 2016-17 Planner Nolan Wall explained that the applicant was seeking a Conditional Use Permit to locate a weight -lifting training facility and vacant space within an existing multi -tenant building at 2535 Pilot Knob Road. He shared an image of the subject parcel in relation to surrounding streets and buildings within the Industrial District. City Code does allow for commercial recreation by Conditional Use Permit in the Industrial District. Derwin Weightlifting, LLC does provide weight lifting coaching and training for athletes of various skill levels. They are proposing to occupy approximately 1,400 square feet within the approximately 2,700 square feet of existing vacant space, which would be next to the Minnesota Crossfit use. The applicant suggested limited weekday operations from 5:00 p.m. to 8:00 p.m. and weekend hours yet to be determined. They anticipate attendance of 10-15 people at a time. As part of Ordinance 491, the City Council adopted several amendments to uses that were allowed in the Industrial District. Formerly, Conditional Use Permits allowed similar uses under the Participative Athletics designation, which included Minnesota Crossfit. That use designation was removed as part of the amendment and was replaced with Commercial Recreation when conducted within a completely enclosed building as a Conditional Use. In terms of this Conditional Use Request, staff interprets the use as qualifying for a Conditional Use Permit under the definition as a Recreational and Instruction and Participative Athletic Use, Fitness Center, or Sports Training Facility. Planner Wall then listed the standards of review for this type of Conditional Use Permit and explained how this proposal fulfills those standards. June 7, 2016 Alendota Heights City Council Page 23 Mayor Krebsbach asked what the difference in hours is between what they proposed and what the City has allowed as a condition. Planner Wall stated that their proposed hours of operation are 5:00 p.m. to 8:00 p.m. and they have not identified what the hours would be on the weekends. Staff proposed the condition be added to be consistent with other similar uses in the area. Councilmember Duggan, in relation to condition #3 [A sign permit shall be required prior to installation of any additional tenant signage on the subject parcel/building], asked what `additional' meant. Planner Wall replied that, if this use is permitted to occupy this building, if they are going to put up any signage that they would need to obtain the appropriate sign permit. Mr. Brian Derwin, Apple Valley, made himself available for comments and questions. Councilmember Duggan moved to adopt RESOLUTION 2016-50 APPROVING A CONDITIONAL USE PERMIT AT 2535 PILOT KNOB ROAD with conditions as stated in the resolution. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 H) ORDINANCE 496, AMENDING CITY CODE RELATING TO SUMP PUMP COMPLIANCE INSPECTIONS City Engineer John Mazzitello explained Ordinance 496, amending the City Code relating to sump pump compliance inspections. For the past year, the Council has been reviewing the idea of establishing a protocol for getting residential sump pumps disconnected from discharging to the sanitary sewer. The plumbing code no longer allows the practice. This ordinance would establish a policy and protocols in City Code and allow staff the process of going through the residential stock and looking at sump pumps. A summary of the amendments include: Section 1: Adds a definition defining CLEAR WATER Section 2: Inserts the term "clear water" into Code concerning discharges to the sanitary sewer Section 3: Adds the ability for the City to implement a surcharge on non-compliant properties Section 4: Codifies requirement for clear water discharge Mayor Krebsbach noted this has been a topic at Council workshop meetings and is a common practice in other cities. The City of Mendota Heights differs in that they will not charge the residents for the two required inspections — the initial inspection and the final inspection to ensure disconnection. Councilmember Duggan asked if there could be a minimum amount of pumping permitted in the sanitary sewer system. Engineer Mazzitello replied that no pumping whatsoever is permitted into the sanitary sewer from a sump pump. The actual connection itself is considered illegal. June 7, 2016 Mendota Heights City Council page 24 Councilmember Povolny moved to adopt ORDINANCE NO. 496 AMENDING TITLE 10, CHAPTERS 1 AND 3 OF THE CODE CONCERNING THE INSPECTION AND COMPLIANCE OF SUMP PUMP CONNECTIONS. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 I) AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR SUMP PUMP COMPLIANCE INSPECTIONS City Engineer John Mazzitello explained the time requirement and the intensity of the program would prohibit current city staff from performing the necessary sump pump compliance inspections. Therefore, staff is asking for authorization to seek professional services for sump pump compliance inspections. Staff proposed that Council utilize a portion of the Water Fund to fund the program. Staff estimates the cost to be approximately $180,000 to $220,000. Councilmember Duggan moved to authorize staff to seek professional services for completing the City's sump pump inspection program not to exceed $220,000. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 J) APPROVE POLICE CAPTAIN POSITION K) APPROVE COMMUNITY SERVICE OFFICER POSITION City Administrator Mark McNeill explained these two positions were recommended by the McGrath Consulting Group when they completed an organizational study for the Police Department earlier this year. The two positions recommended include a full-time police captain position and a half-time community service officer/student intern position for the department. Mayor Krebsbach noted for the public that the McGrath study is available on the City's website. Councilmember Norton moved to approve the position description and authorize staff to take the steps necessary to hire a Police Captain, that staff take the necessary steps to get actual costs for the necessary remodeling, and to approve the position description and authorize staff to take the steps necessary to hire a half-time Community Service Officer. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 June 7, 2016 Mendota Heights City Council Page 25 L) APPROVE PART-TIME IT SPECIALIST POSITION Assistant to the City Administrator Tamara Schutta explained the request for a half-time Information Technology Specialist. Earlier this year staff advertised and received a couple of applications for an intern but realized that this would not really fit the needs. Staff is seeking support to advertise for a half-time Information Technology Specialist. The hourly rate would be $25.88 with an anticipated start date of August 1, 2016. Estimated cost for the remainder of the 2016 is approximately $18,600; including fringe benefits. Cost for the IT Specialist for 2017 is estimated at $43,000. Mayor Krebsbach asked if this position would become full-time in the future. Assistant to the Administrator Schutta replied that they could probably use a full-time staff person but are only requesting a half-time person right now. Councilmember Duggan moved to approve the position description and authorize staff to take the steps necessary to hire a half-time Information Technology Specialist. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta made the following announcements: Summer rec programs start June 13. There is still time to register. Summer concerts start June 8 at Market Square Park. New Prescriptions will be playing. The Percolators have been rescheduled for August 31. COUNCIL COMMENTS Councilmember Petschel noted a record number of individuals served during Clean -Up Day — 373 vehicles came through to dispose of items. Planner Nolan Wall was commended on his role in making the day successful. She also recognized the firefighters who were involved in rescuing a 16 year old male victim who fell over the cliff, near the Pool and Yacht area. She mentioned the following individuals: S. Goldenstein, J. Taylor, D. Bogg, DJ Goldenstein, M. Winters, G. Skjerven, J. Mendez, P. Bietz, D. Johnson, D. Winge, C. Lane, F. Hazzard, J. Boland, H. Heidelberg, and J. Miller. Councilmember Povolny stated that this was a tough night. He wished to make it clear that as tough as it was on the people present, it was probably tougher on the Council. This was the toughest decision he has had to make in the six years he has been on the Council. June 7, 2016 Mendota Heights City Council Page 26 Councilmember Duggan expressed his sadness at not being able to participate in the Celebration at Mendota Heights Parks due to family commitments. He also wished everyone a wonderful summer.. Mayor Krebsbach acknowledged the Rogers Lake Association for cleaning up Rogers Lake and having all sorts of debris removed. They were assisted by a Boy Scout troop. She also noted that on Friday night she had gone down to Mendoberri and that it is a really terrific restaurant, as is the whole Mendota Village area. She stated that she watched the Parks Commission meeting and thought they did a nice job. She liked the tempo of the meeting. She agreed with Councilmember Povolny's comments on this being a tough night. Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 9:36 p.m. Sdndra"Krebsbach Mayor ATTES Lorri Smith City Clerk June 7, 2016 Mendota Heights City Council Page 27