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2018-06-19 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 19, 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 Duggan, Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented a revised agenda for adoption. Councilor Duggan moved adoption of the agenda. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 RECOGNITIONS A) RECOGNITION OF CITY ATTORNEY TOM LEHMANN Mayor Garlock presented a proclamation recognizing and honoring Thomas Lehmann for services as City Attorney. Mayor Garlock and the current councilors, along with previous Mayor Krebsbach, and previous Councilors Steve Norton and Mike Povolny expressed their appreciation to Mr. Lehmann for his services to the city and congratulated him on his appointment to District Court Judge for the Tenth Judicial District. B) SWEARING IN — POLICE DEPARTMENT Police Chief Kelly McCarthy introduced the newest members of the Police Department; Captain Wayne Wegener, Officer Ryan Yauch, and Officer Thomas Albindia. Mayor Garlock presided over the swearing in ceremony. CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent items as presented and authorized execution of the necessary documents, pulling items a) Approval of May 30, 2018 Special City Council Minutes, e) Approve the Change of Certain Regularly Scheduled City Council Meeting Dates or Times, j) Approval of Resolution 2018-41, Accepting Donations for City Events, and k) Request Intersection Improvement be Added to Dakota County CIP. a. Approval of May 30, 2018 City Council Special Meeting Minutes b. Approval of May 30, 2018 Council Work Session Minutes c. Approval of June 5, 2018 City Council Minutes d. Acknowledge April 10, 2018 Parks and Recreation Commission Meeting Minutes e. Approve the Change of Certain Regularly Scheduled City Council Meeting Dates or Times f. Acknowledge Par 3 May Update and Financial Report g. Approval of Resolution 2018-42, Appointing Election Judges h. Approve Out of State Travel Request -City Administrator i. Approve Out of State Travel Request- Fire Chief j. Approval of Resolution 2018-41, Accepting Donations for City Events k. Request Intersection Improvement be Added to Dakota County CIP 1. Approve Purchase Order for Playground Surfacing Material m. Approval of Resolution 2018-43, Authorizing the Donation of Bicycles to Rick's Bike Sale n. Approve April 2018 Treasurer's Report o. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEM A) APPROVAL OF MAY 30, 2018 SPECIAL CITY COUNCIL MINUTES Councilor Paper suggested a change, explaining that on page 5 of the Council packet, the school identified should have been the University of St. Thomas; not St. Thomas Academy. Councilor Petschel moved to approve the May 30, 2018 Special City Council Minutes with the recommended edit. Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 E) APPROVE THE CHANGE OF CERTAIN REGULARLY SCHEDULED CITY COUNCIL MEETING DATES OR TIMES Councilor Duggan requested that these dates and times be posted on the website for the public. Councilor Duggan moved to approve changing the date and time of the regularly scheduled meetings as: July 3rd meeting moved to Monday, July 2, 2018, start time of 7:00 pm August 7th meeting start time moved to 8:00 pm September 18th meeting moved to Monday, September 17, 2018, start time 7:00 pm. November 6th meeting moved to Wednesday, November 7, 2018, start time of 7:00 pm Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 June 19, 2018 Mendota Heights City Council Page 2 of 10 J) APPROVAL OF RESOLUTION 2018-41, ACCEPTING DONATIONS FOR CITY EVENTS Councilor Duggan stated that our city receives a lot of support from the community. When reviewing the list of donors, it is indicative of the love that people in the community have for our city. It is exciting to see the growth and participation of all of the businesses and families The staff, Mayor, and many other people need to be congratulated for keeping this place running well. Councilor Duggan moved to adopt RESOLUTION 2018-41 FORMALLY ACKNOWLEDGING THE RECEIPT OF DONATIONS TO THE CITY FOR THE OFFICER SCOTT PATRICK MEMORIAL 5K RACE, CITY PARKS CELEBRATION, AND CLIFF TIMM MEMORIAL FISHING DERBY. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 K) REQUEST INTERSECTION IMPROVEMENT BE ADDED TO DAKOTA COUNTY CIP Councilor Duggan, referencing the budget impact, noted that it contained a discretionary county road and a state highway and a mobility study in a range of $375,000. However, just above that it states that county funding for this project would be 55% county and 45% city. He requested a breakdown of the $375,000, where is it coming from, and why the city is paying a portion of it. Public Works Director Ryan Ruzek replied that the 45% of the $375,000 was not included in the report. Staff has submitted a letter of request to Dakota County to ask them to include this project in the Dakota County Capital Improvement Plan (CIP). If the County approves, they will include it in the CIP. Staff is requesting that this project be placed in their 2022 CIP. Mr. Ruzek also noted that the Street Improvement Plan 2019-2023 included in the Council packet has not been approved at this time. If the County approves this request, then it would be added to the 2019- 2023 plan, which would be up for review and approval sometime in September 2018. Councilor Duggan moved to authorize the Public Works Director to send a letter to Dakota County requesting an intersection improvement at Wentworth Avenue and Dodd Road be included in the Dakota County CIP for 2022. Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Jonathan Zagel, 2230 Copperfield Drive, requested that additional financial information be posted on the City's website. He requested that the city post the results of the audit, and preferably, quarterly financials in the spirit of transparency. Mr. Thomas Smith, 625 Hampshire Drive, said that he and his wife have reviewed the Mendota Heights 2040 Comprehensive Plan. The most striking thing he noticed was the rate at which certain elements in the plan are influenced by the Metropolitan Council agenda. The MetCouncil agenda are contained in what is called the Thrive 2040 Plan. The prevailing element of that agenda is encouraging redevelopment and infill development. June 19, 2018 Mendota Heights City Council Page 3 of 10 The link between the Mendota Heights Comp Plan and Thrive 2040 Plan is explicit. The existing Mendota Heights Comprehensive Plan is a sell-out to the MetCouncil. Mr. Smith pointed out that the contractor for the Comprehensive Plan is Stantec, who has contracts with many municipalities around the region. Most of these municipalities have their land planning use that conforms to the MetCouncil agenda. Mr. Smith pointed out that favoring density development in the community does not make sense. The Council's role is to serve the interests of the city residents — not the interests of the Metropolitan Council. Councilor Duggan noted that the Henry Sibley High School Marching Band has been invited to go to Washington DC and perform on July 4th, representing the state of Minnesota. They have been looking for some financial help and he encouraged the City to support this effort. PRESENTATIONS A) PRESENTATION OF THE 2017 AUDIT — MATT MAYER, BERGANKDV Mr. Matt Mayer of BerganKDV presented the results of the 2017 audit. The Independent Auditor's Report stated the following: management is responsible for the financial statements; the auditor is responsible to express an opinion on the financial statements; Unmodified Opinion — best opinion an auditor is able to offer, provides assurance that the financial statements are fairly presented in all material respects, Minnesota Legal Compliance Audit — No Findings, Internal Control Findings — Lack of Segregation of Accounting Duties (perennial finding), reasonable mitigating controls have been put in place based on the size of the staff the city has and mid-level finding. Mr. Mayer briefly reviewed the General Fund Budget, General Fund Revenues, General Fund Expenditures, Par 3 Golf Course Fund, Sewer Fund, and the Storm Water Fund. He encouraged the Council to keep an eye on the Par 3 Golf Course, Sewer, and Storm Water funds to ensure they are operating up to expectations. Councilor Duggan recognized Finance Director Kristen Schabacker for all of her, and her team's hard work, patience, and dedication. PUBLIC HEARING No items scheduled. NEW AND UNFINISHED BUSINESS A) ORDINANCE NO. 527 & 528 RENAMING FREEWAY ROAD NORTH AND SOUTH Public Works Director Ryan Ruzek stated that staff has received a petition from the residents along South Freeway Road, requesting a street name change. Since the petition was confirmed to be signed a majority of the residents, staff felt they should give the residents on North Freeway Road the same opportunity. A letter was mailed to those residents asking if they would consider a street name change. Currently Linden Street lines up with North Freeway Road. There were 7 votes in favor, 2 votes opposed, and 4 no responses. Mr. Ruzek suggested South Freeway Road be changed to Mulberry Lane and North Freeway Road be changed to Linden Street. June 19, 2018 Mendota Heights City Council Page 4 of 10 Councilor Paper asked how long the post office would recognize the current, soon to be former, street names. Mr. Ruzek replied that staff usually sends a letter to the post office and they can make instantaneous changes. The post office has granted the city access to their online system, which would enable expedition of the request. As for the length of time the post office would recognize the former name, he was unsure of the details. He suggested all of the property owners file a standard `change of address' form. There are opportunities that the post office has to extend that change of address form. Councilor Duggan moved to adopt ORDINANCE 527, "PROVIDING FOR THE NAME CHANGE OF SOUTH FREEWAY ROAD (LOCATED BETWEEN OAK STREET AND SOUTH LANE) TO MULBERRY LANE" AND ORDINANCE 528, "PROVIDING FOR THE NAME CHANGE OF NORTH FREEWAY ROAD (LOCATED BETWEEN OAK STREET AND SOUTH LANE) TO LINDEN STREET". Councilor Miller seconded the motion. Ayes: 5 Nays: 0 Mr. Dan Wills, 679 South Freeway Road, expressed his appreciation as he has been getting 679 North Freeway Road mail for 40 years. He asked when they could expect the street signs to be changed. Mr. Ruzek replied that signs would be ordered and they would be installed as soon as possible. Councilor Duggan asked if there were any considerations for the residents to get reimbursed for any address signage they may have to replace; or stationery or cards with the now old address. He believed it would be a reasonable gesture. B) ORDINANCE NO. 526 SEXUAL PREDATOR AND OFFENDERS RESIDENCY RESTRICTIONS Police Chief Kelly McCarthy explained that on April 26, 2018, a community meeting was held regarding a level two sex offender that moved into the city. As a result of that meeting, the Council requested staff to research residency restrictions for sex offenders and bring forward a proposal. She noted that this is a particularly difficult task as there is no data to support that residency restrictions do anything to positively affect public safety. However, they do tend to give people peace of mind and make them feel better about their community, which can be a double edged sword. However, what staff came up with they feel is an ethical and reasonable ordinance. Basically, it covers level 2 and level 3 sex offenders and it restricts them from residing within 1,200 feet of where children or families congregate. It also restricts them from living 1,200 feet from one another; it also restricts them from dressing up in costumes for holidays. A brief presentation was given by Dakota County Corrections, Mr. Mark Mehl, Supervisor and Mr. Jim Scovil, Deputy Director. National Sex Offender Statistics • 90% of those convicted of a sex offense do not commit another sex offense • 90% of sex offense convictions are committed by a person without a prior sex offense conviction • 90% of the victims of all sex offenses know their abuser June 19, 2018 Mendota Heights City Council Page 5 of 10 Sentencing Options • Probation with treatment and other conditions • Prison with supervised release following incarceration • All sex offenders exiting prison also are evaluated and assigned a sex offender risk level Sex Offender Notifications • Level I Sex Offenders — lower risk of re -offence; notification to law enforcement, victims, and witnesses • Level II Sex Offenders — moderate risk of re -offense; notification also includes day cares, schools, or others likely to be victimized by the offender • Level III Sex Offenders — Higher risk of re -offense; community notification Sex Offenders in Dakota County • Approximately 110 new sex offenders are placed on probation supervision each year • Approximately 80 sex offenders are discharged successfully each year • 980 individuals placed on probation in the last ten years in Dakota County for a sex offense Current Status of Offenders • Total estimated number of Minnesota sex offenders is 316 per 100,000 people • An estimated 1,268 sex offenders reside in Dakota County from this statewide rate Sex Offender Status (estimates) • 3% Civilly Committed • 5% Supervised Release • 14% Post -supervision Still Registered • 24% Probation • 54% Post -supervision and Registration Dakota Sex Offender Recidivism • 85 sex offenders were released from supervision in 2009 • One offender had a new sex offense within the six years following release from supervision — not related to proximity of schools or day care Minnesota Prison Re-entry • 3,166 sex offenders released over 13 years • 8.4 years average follow up • Sexual re -offense conviction started at 17% and fell to 3% Minnesota DOC Recidivism • DOC 2012 study evaluated sex offenders for 4 years post release from prison and found a reconviction for a sex offenses was 4% • 2008 study, sexual offense reconviction rate of: o 3.9% for Level I o 6.0% for Level II o 3.2% for Level III June 19, 2018 Mendota Heights City Council Page 6 of 10 Residential Restrictions • MN DOC analyzed 224 recidivistic sex offenses (out of the 3,166 total sex offenders released from prison) • Not one of the 224 cases was associated with residential proximity to a school, park, or day care Evidence from Duluth • In June 2010, Duluth enacted residency restrictions for Level 3 sex offenders • At the time of enactment, there were 9 Level 3's living in Duluth o None of them were homeless • In October 2016, there were 12 Level 3's living in Duluth o 8 were in transitional housing or unstable o 4 were in private residences/apartments Offenses were committed by: • Level 1, 2, or 3 — 0 (0%) • Registered offender —1 (2%) • Not previously registered — 50 (98%) • Family member or acquaintance — 44 (86%) • Someone who traveled 2,500 feet or less to establish contact with victim near school, park, or daycare —1 (2%) — he was not previously registered Integrated Approaches Work • Treatment • Community/Family Support • Intensive Supervision • Employment and Prosocial Activities • Community Residence Reintegration Challenges • Most could afford to pay rent but landlords were unwilling to approve their applications • Transportation needed to treatment programs, as most are out -of -county • Sense of hopelessness contributed to public safety issues Dakota County Approach • Partner with communities to develop housing options for sex offenders • Support landlord outreach and educational activities o Actual vs. perceived risks in renting to sex offenders o Level of supervision provided by Corrections Results of Residence Restrictions • Increases in homeless sex offenders • Sex offenders unable to return to their home after release and/or unable to live with family members • Increase the number of sex offenders who falsely report where they are living • No reduction in sex crime rates / recidivism Improve Public Safety • Unhoused -› Unemployed June 19, 2018 Mendota Heights City Council Page 7 of IO • Unhoused 4 Untreated • Unhoused 4 Unstable • Unhoused 4 Unsafe Councilor Duggan asked if released sex offenders are permitted to be in shelters, such as Dorothy Day, Jeremiah Program, Mary's Place, or the like. Mr. Mehl replied that Level I sex offenders can stay in some shelters; Level II and III's are restricted and some places restrict all sex offenders. Councilor Duggan asked if the DOC has any authority in relation to assessing a private residence or housing unit who wishes to open their living space to sex offenders. Mr. Mehl replied that if someone were to propose a residence, a probation officer would go into the home, review it, see if there is anything in there that would increase risk (chemical use is a factor for a large majority of their population), look to see if it is a stable residence, and then approve or deny the residence based on risk factors. Councilor Paper asked if the number of the Level II and III sex offenders is increasing. Mr. Scovil replied that the numbers have remained relatively flat. There are some who have been successfully discharged from probation and there are new ones coming in; however, there are other ways to get off caseloads; prison and moving are the two ways that typically happens. Councilor Paper asked where he could find the map that shows the number of offenders living close to his home. Mr. Scovil replied that the DOC is not permitted to give out the addresses of sex offenders. Mr. Scovil replied that their position would be that this individual moving in, even next door, does not increase the risk to your children. The unknown sex offenders are the ones that are riskier than the ones known about. The ones known about, the recidivism rate is very low. They are being supervised, sent to treatment, and are being watched and intervened upon early should their behavior start to go awry. Councilor Petschel commented that Mendota Heights has a unique situation, with the Level II sex offender who moved into the city with no supervision requirements. Mr. Mehl replied that this is a very unique situation. It is very unusual for someone to come out of Minnesota Sex Offender Program (MSOP) with no supervision of any kind. He added that although the offender received intense treatment for years and then was phased out; they do not usually move someone to the point they would be free in the community until their risk factors are reduced. Mr. Scovil stated he believed there was now a legislative fix on that. Mayor Garlock asked if most of the larger communities in Dakota County have residency restrictions in place. Mr. Mehl replied that he believes there are eight cities with residency restrictions of varying degrees. Dakota County Corrections also provided this same presentation and discussion with Burnsville when they were considering restrictions (Burnsville does not have a residence restriction). Councilor Duggan asked for an understanding of the DESIGNATED OFFENDER definition that reads "Any person who (1) is required to register as a predatory offender under Minn. Stat. § 243.166, (2) is assigned at Risk Level II or Risk Level III under Minn Stat. § 244.052, subd. 3, and (3) has been convicted of a designated sexual offense, regardless of whether the adjudication has been withheld". City Attorney Tom Lehmann replied that certain plea negotiations can be had with the prosecutor, and one of them is called a 'stay of adjudication', which basically means that the person admits that they committed the designated offense; however, the court would not accept the conviction for a period of time. So they may `stay' it for a period of a year and then they would set certain conditions during that period of time. If the defendant met all of those conditions, at the end of that period of time the June 19, 2018 Mendota Heights City Council Page 8 of 10 conviction would go away; like it never happened. So what this is trying to do is to make sure that people who received that kind of plea bargain basically are also included. In regards to the PRIMARY ADDRESS "being the mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible", Councilor Duggan asked if it shouldn't read "... dwelling, the primary address shall also include the physical location ..." Chief McCarthy that adding 'the primary' would make it easier to read but would not change the meaning so she would be agreeable to add that. As to the other suggestion, she deferred to the author to determine if it would change the legality of the sentence. Counsel Lehmann noted that it could be added if they so wish. Councilor Duggan then referred to SECONDARY ADDRESS " ...the location of a supervised publicly or privately -operated shelter or facility designated to provide temporary living accommodations for homeless individuals ..." asked if this should read `non -predatory homeless individuals'. Chief McCarthy replied that she believes this is referring to a place that is not just predatory offenders that are homeless. Councilor Duggan, under § 4-7-3 (B) Prohibited activity that reads "Holiday events in which the offender is the parent or guardian of the children involved, and no non -familial children are present, are exempt from this division" asked if this meant children other than those who were family. Chief McCarthy replied in the affirmative. Councilor Duggan asked if they needed to notify people in relation to all of these different addresses or anybody else about this addition or change in our ordinance language, particularly in relation to addresses. Mr. Mehl replied that they can have a primary address and multiple secondary addresses. Then they are required to register all of those with DOC and with the BCA. Councilor Duggan asked how soon after acquiring the secondary address would they need to notify the Police Department or the DOC. Mr. Mehl replied that they would need to register the address. If they are under supervision they would typically do that through the DOC, if they are off of supervision they would go to the local law enforcement agency. The rule states that this should be done five business days prior to actually making the move. Councilor Miller moved to adopt ORDINANCE NO. 526 "ADDING CITY CODE SECTION 4-7 REGARDING PREDATORY OFFENDERS". Councilor Paper seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS There were no announcements made. June 19, 2018 Mendota Heights City Council Page 9 of 10 COUNCIL COMMENTS Councilor Duggan reiterated his comments regarding the Henry Sibley Band going to Washington DC and encouraged the residents to tune in as it would be worth watching. He also expressed congratulations to the Police Department and Police Chief Kelly McCarthy on the three new officers hired. Councilor Duggan noted that he was impressed by the At Home apartments. They are bright and pleasant. Councilor Duggan congratulated Tom Lehmann. Councilor Paper expressed good luck to the Henry Sibley Marching Band at Nationals. Councilor Miller noted the two open houses at the fire department scheduled for June 26 and July 9, to present the proposed Fire Station addition and remodel. Mayor Garlock thanked Tom Lehmann for his service to the City. Councilor Petschel echoed the sentiments made regarding Tom Lehmann; the city will miss him. She also mentioned the work she did on the Noise Oversight Committee with Mr. Chad Legve, who has just been named Vice President of Management and Operations at the Metropolitan Airports Commission. City Administrator Mark McNeill reminded everyone that the July 4th fireworks are corning up. The Northern Lighters is a private, non-profit who is seeking assistance from the residents. Mr. McNeil added that in his long career in various cities, Mr. Lehmann is the one of the finest city attorneys that he has had the pleasure to work with. ADJOURN Councilor Paper moved to adjourn. Councilor Duggan seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 8:27 p.m. ATTEST: Lorri Smith City Clerk I u)L Neil Garlock Mayor June 19, 2018 Mendota Heights City Council Page 10 of 10