2018-05-30 Special Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Special Meeting
Held Wednesday, May 30, 2018
Pursuant to due call and notice thereof, the special meeting of the City Council, City of Mendota Heights,
Minnesota was held at 1:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 1:00 p.m. Councilors Duggan, Paper, and Petschel were
also present. Councilor Miller was absent.
Also present were: Mark McNeill, City Administrator; Cheryl Jacobson, Assistant City Administrator;
Tim Benetti, Community Development Director; Kristen Schabacker, Finance Director; Dave Dreelan,
Fire Chief; Wayne Wegener, Police Captain; Andy Pratt, City Attorney.
ACCEPT RESIGNATION OF POLICE OFFICER
Assistant City Administrator Jacobson stated that Council was being asked to accept the resignation of
Police Officer Denise Urmann effective May 18. Staff is also recommending that Council authorize
staff to begin the recruitment process to fill a police officer vacancy within the police department.
Councilor Petschel moved to accept the resignation of Police Officer Denise Urmann and authorize staff
to begin the recruitment process to fill a police officer vacancy within the police department.
Councilor Duggan seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
Council Duggan asked if an exit interview was going to be held. Ms. Jacobson stated that it was not
planned but an exit interview could be offered.
AUTHORIZE ADVERTISEMENT FOR COMMUNITY SERVICE OFFICER
Ms. Jacobson reported that Eric Hagelee has served at the Police Department's Community Service
Officer (CSO) since 2016. He has completed his four-year college degree, and was now attending
Alexandria Tech to complete his law enforcement training. Staff is seeking authorization to begin the
recruitment process to fill the anticipated CSO vacancy. There would be some overlap with the new
CSO, and the current CSO Eric Hagelee which would be good for training.
Councilor Petschel said the position of CSO has worked as it was intended, and asked if Mr. Hagelee
would be interested in a position on the Mendota Heights Police Department.
Ms. Jacobson replied she believed that he is interested in applying for a police officer position with the
City of Mendota Heights.
Councilor Petschel said he had worked at the University of St. Thomas, and that they were favorably
impressed by him.
Councilor Duggan asked if a motion was needed, and whether the City Council needed to make a
decision to appoint him as a police officer, or could it be handled by the Police Department.
Mr. McNeill said because it would be a regular position in the police department, the City Council
would need to appoint him as police officer if he were to apply and be recommended for the position.
Councilor Duggan made a motion to authorize staff to begin the Community Service Officer recruitment
process.
Councilor Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
CITY HALL REMODELING PROJECT PAYMENT
Mr. McNeill reported that portions of the city hall exterior masonry and flashing has been satisfactorily
completed. However, the face brick work was not acceptable. Much of the brick needs to be replaced
but how much is being debated. A meeting was held to determine how to address the substandard work.
The subcontractor has proposed to have a third parry review the work and determine what needs to be
replaced. The tentative agreement was that the restoration work would begin after August 15 so that the
subcontractor would have experienced crews available to do the work. Work will be done by October
12. Mr. McNeill asked that the City Council authorize payment to Dering Pierson in the amount of
$45,000.15, as compensation for work that had been satisfactorily completed.
Councilor Paper asked why the subcontractor was picking the masonry architect to look at the work.
Mr. McNeill responded that was part of the negotiations and they have experience working with the
masonry contractors. They would provide a list of recommended experts, but that the City and general
contractor would have to agree to the masonry architect that will be inspecting the work.
Councilor Petschel asked who had done the masonry work in question. Mr. McNeill said it was
Innovation Masonry Restoration (IMR).
Councilor Duggan stated he didn't want the subcontractor to have a say in hiring a restoration masonry
architect. Mr. McNeill responded the proposal for that was part of negotiations, and if that fails, it
would go to arbitration, with an uncertain outcome. The City wants someone who can do a professional
job, who can say whether the work was done properly or not, and address the issue of how to fix the
problems.
Mr. McNeill said IMR employees will need to fix the problems found, and use crews who did not
originally do the work.
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Councilor Petschel said there is an issue with the quality of work, and should they not have the
opportunity to correct the work that was not done correctly. Mr. Pratt responded there is wording like
that in the contract documents. Mr. McNeill said the materials and labor are covered for one year. They
have not been paid for any of the work yet. Staff will be reviewing the third party fees to be paid by the
City, and that those will be deducted from the Dering Pierson payment.
Councilor Duggan asked if there was a penalty clause in the contract. Mr. McNeill said that there was
not.
Mayor Garlock said a resident/master bricklayer had looked at the building and stated that the quality of
work was substandard. Most of the work was done under plastic sheeting, and was not able to be
viewed as the work was being done.
Councilor Paper asked if the work was performed in a workman like manner, and if our building
inspector inspected the work. Mr. McNeill said that American Engineering and Testing was the
inspector for portions of the work. He said that Terry Sullivan, the Building Manager had pointed out
issues as he spotted them.
Mr. McNeill said that General Contractor Dering Pierson has asked for a payment of $45,000.15, which
was recommended for approval by the project architect. He said that the City will continue to hold
$75,000.
Councilor Paper asked if a breach of contract could be created if the work went beyond October 12. Mr.
McNeill said that it could be negotiated. He said that the City wants to get the work done this year.
Councilor Petschel said the contractor should not be working if they have to cover it up again as they
work.
Councilor Paper made a motion to authorize payment of work done on the City Hall remodeling project,
in the amount of $45,000.15.
Mayor Garlock, seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
Councilor Petschel suggested a list should be made of contractors that do improper work.
ADJOURN
Councilor Duggan moved to adjourn.
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Miller)
May 30, 2018 Mendota Heights Special City Council Page 3 of 4
Mayor Garlock adjourned the meeting at 1:20 p.m.
ATTEST:
LL'Lf
Lorri Smith
City Clerk
Neil Garlock
Mayor
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