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2018-01-16 City Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 16, 2018 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 Garlock called the meeting to order at 7:00 p.m. Councilors Paper, Miller, and Petschel were also present. Councilor Duggan was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Miller moved adoption of the agenda. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items g) Approve Ordinance 519 Right -of -Way Management and Collocation and Lease Agreement and h) Approve Professional Services Contract with KLJ for Par 3 Turf Management RFP Development. a. Approval of January 2, 2018 City Council Minutes b. Acknowledge December 11, 2017 Parks and Recreation Commission Minutes c. Approval of Meeting Date Change for February 6th City Council Meeting d. Ratify Agreement with International Union of Operating Engineers Local 70 and Approve Job Description Amendments e. Approve of Police Office Hire f. Approve Resolution 2018-06 Joint Powers Agreement for Electronic Crime Unit g. Approve Ordinance 519 Right -of -Way Management and Collocation and Lease Agreement and approve the Summary Publication (4/5 vote required) h. Approve Professional Services Contract with KLJ for Par 3 Turf Management RFP Development i. Approve Resolution 2018-07 Calling for a Public Hearing for the Lexington Highlands, South Plaza Drive, & Mendakota Neighborhood Improvements Project No. 201706 j. Authorization for ICMA-RC Managed Accounts k. Approval of Building Activity Report for December 2017 1. Approval of December 2017 Treasurer's Report m. Approval of Claims List Councilor Paper seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PULLED CONSENT AGENDA ITEM G) APPROVE ORDINANCE 519 RIGHT-OF-WAY MANAGEMENT AND COLLOCATION AND LEASE AGREEMENT AND APPROVE THE SUMMARY PUBLICATION Councilor Miller asked what the potential pitfalls would be of approving this ordinance City Attorney Tom Lehmann replied that there are no pitfalls that he can see. The legislature passed a new statute allowing cities to have some flexibility in dealing with telecommunication providers. Cities are allowed to enter into negotiations with providers to come up with plans that meet both the city's needs with regards to location, engineering, etc., and to also work with providers, realizing that these provide a benefit to the community. City Administrator Mark McNeill stated he was contacted by a representative from Verizon and they had questions on the draft agreement. Counsel Lehmann noted that he spoke with their attorney and he indicated that he had no problem with the ordinance. Councilor Petschel moved to adopt Ordinance 519, ADDING TITLE 8, CHAPTER 7 TO THE CITY CODE CONCERNING RIGHT OF WAY MANGEMENT, and to approve the summary publication. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) H) APPROVE PROFESSIONAL SERVICES CONTRACT WITH KLJ FOR PAR 3 TURF MANAGEMENT RFP DEVELOPMENT Councilor Miller asked how the city decided upon KLJ to provide this service. City Administrator Mark McNeill replied that there are not many ficins in the field of turf management that are not actually in the business itself. Staff approached KLJ and they have a landscape architect on staff. They made a proposal to the City at the cost of $3,455. The Council asked staff to approach some of the local providers, to see if their staff would be able to help. Unfortunately, they were not in a position to do so. Councilor Petschel asked what it is exactly that the city would be getting from KLJ. Assistant City Administrator Cheryl Jacobson replied that KLJ has been asked to assist with the writing the Request for Proposals (RFP). The primary focus of the request is to seek a contractor who can work with the city at the Par 3 on chemical and fertilizer application. Janumy 16, 2018 Mendota Heights City Council Page 2 of 6 Councilor Paper asked why a landscape architect and not a turf expert created the RFP. Ms. Jacobson replied that the architect is experienced in turf management. Councilor Paper asked what other golf courses they have done work for. Ms. Jacobson did not have an answer, however staff did due diligence to see if the University of Minnesota extension program, which has a turf management program or other local golf courses could assist in writing an RFP. Councilor Miller moved to approve the professional services contract with KLJ for the development of a Request for Proposal for turf and grounds maintenance at the Par 3 golf course, at a cost not to exceed $3,455. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) PUBLIC COMMENTS Mr. Steve Treichel, 2174 Lemay Lake Drive, commented on the comments given by Councilor Petschel at the last Council meeting. He stated this was not the language that would encourage open and honest communication between the citizens and the Council. He had two observations related to transparency. Transparency is not a process. Processes may or may not provide transparency. The characteristics of transparency are full information as available, collaboration, cooperation among parties, collective decision making, and free and open exchange. Mr. Treichel stated that processes decay over time. He encouraged the Council to use best practices as in other communities. He read in the minutes of the January 2, 2018 Council meeting that the Mendota Heights Apartments site is contaminated, which was disclosed by Councilor Petschel. That was the first time that anyone had heard about the site being contaminated and that should have been disclosed to all of the residents of Mendota Heights, but most certainly to the residents of Augusta Shores. This last minute disclosure about contamination only raises more questions about process and disclosure. Mr. Thomas Smith, 625 Hampshire Drive, commented on Resolution 2018-01 Reaffirming Findings Mendota Heights Apartments PUD. He stated the resolution attempted to justify the original decision of the Council made in September 2017. The major problem is that the resolution attempted to double down on the problems with the original plat approval in terms of density of the project and violations of the provisions of the PUD for the site. He suggested, given that the process had involved violations of city ordinances and the stretching of the provisions of the PUD, that it is community degradation. Mr. Smith continued by explaining that comments by Councilor Petschel on January 2, 2018, suggested one justification for the density of the apartment complex is for retirees to be able to stay in the city. He pointed out that the developer had explicitly stated that the target audience for those apartments is the age group of 30 — 45. He stated that the city faces a monumental challenge over the next 10 years, which is the Vikings development. He asked if the city really wanted that challenge to be in the hands of Councilors who want to believe that these challenges can be met in an effective manner for the city. He did not think so. January 16, 2018 Mendota Heights City Council Page 3 of 6 In closing, Mr. Smith offered three principles that have guided development of this city since its inception: We do not need density. Do not pander to developers. Democracy thrives with an infoinied citizenry and dies in the dark. The citizens expect better. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2018-04 APPROVE REVISED FEE SCHEDULE City Administrator Mark McNeill explained the amendments made to the fee schedule. Administration is proposing to reduce the liquor license penalties, change the liquor application background fee to be compliant with state law, eliminate rental license fees, and add the non-compliant sump pump fee to the schedule. For Building Permits, it is proposed to delete the storm sewer utility charges and the water permit fee. In the Engineering section, it is proposed to increase the grading permit fee and collection of an escrow amount, to add a Public Right of Way Excavation Pennit, and add a winter surcharge to the Public Right of Way Utility Permit. For Parks and Recreation, it is being proposed to add an application fee, separate the field preparation fees into weekend and weekday costs, increase the Par 3 golf fees, and delete the damage deposit collected for use of the Picnic Area Shelter. In the Planning section, it is proposed to add a security deposit and an administrative fee for Critical Area and Wetlands permits. For Public Safety, it is proposed to increase the fee charged for fingerprints. Stalin and sanitary sewer fees would be discussed at a future meeting. Councilor Petschel moved to adopt RESOLUTION 2018 — 04 REVISING SCHEDULE OF FEES FOR SERVICES. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) RESOLUTION 2018-08 APPOINT PLANNING COMMISSION MEMBER Councilor Petschel noted that the Council had the privilege of interviewing four candidates for the open position on the Planning Commission. She complimented the way residents step up to serve their city. January 16, 2018 Mendota Heights City Council Page 4 of 6 Councilor Petschel moved to adopt RESOLUTION 2018 — 08 APPOINTING PATRICK CORBETT TO FILL A VACANCY ON THE PLANNING COMMISSION. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) C) APPROVE PROPOSED CLASSIFICATION AND COMPENSATION PLAN Assistant City Administrator Cheryl Jacobson explained the proposed Classification and Compensation Plan as recommended by Springsted, Inc. She stated that the city sought Springsted's help in developing a new job evaluation system, as well as a compensation plan for administration of compensation. Springsted completed the study, which included developing a sustainable system for job evaluations. They also reviewed the city's internal and external market competitiveness with comparable cities, and they developed a new compensation plan. Councilor Miller moved to adopt the proposed compensation plan including the use of the SAFE method for job evaluation for all non-union and union job classes, and the proposed 2018 non-union pay scale effective retroactive to December 31, 2017. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) D) APPROVE AND AUTHORIZE THE SUBMISSION OF THE 2018 PAY EQUITY REPORT Assistant City Administrator Cheryl Jacobson explained that local government jurisdictions under the Local Government Pay Equity Act are required to file the reports every three years. Mendota Height's report is due by January 31, 2018. Springsted completed the draft report based on the city's compensation study and found the city to be in compliance at this point. If Council approves the submission of the report, the State of Minnesota would then review and analyze the data and issue a Letter of Compliance or Non -Compliance. Councilor Miller moved to approve the Pay Equity Implementation Report and authorize the submission of the report to the State of Minnesota by January 31, 2018. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) COMMUNITY ANNOUNCEMENTS There were no announcements. January 16, 2018 Mendota Heights City Council Page 5 of 6 COUNCIL COMMENTS Councilor Paper expressed his appreciation to residents for using this opportunity to voice their opinions. Councilor Miller commented on the revitalization of Rogers Lake and how that lake has made a tremendous comeback. He encouraged residents to make an effort to do what they can to keep our lakes and other special natural spaces clean. Mayor Garlock thanked the Public Works Department for their wonderful snow removal efforts. Councilor Petschel noted that she takes extensive notes during meetings to enable her to follow up on questions and comments made. She apologized if anyone thought that she was not paying attention or listening to what was being stated. She has always felt that it has been a hallmark of the City that the public is courteous and respectful. She would like to see this long-standing tradition upheld and encouraged. She thinks that a resident's input is important, however, it needs to be based on the truth and needs to be courteous. ADJOURN Councilor Paper moved to adjourn. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 7:53 p.m. ATTEST: Lorri Smith City Clerk (Tu_,,Q(.1A Neil Garlock Mayor January 16, 2018 Mendota Heights City Council Page 6 of 6