2018-09-17 Council MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Monday, September 17, 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 the agenda for adoption. Councilor Petschel moved adoption of the agenda.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
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 the documents, pulling items e.) Approve Community Service Officer Hire and k.) Approve Resolution
2018-74 Provide for the Sale of $1,125,000 General Obligation Bonds Series 2018A.
a. Approve August 21, 2018 City Council Minutes
b. Approve September 4, 2018 City Council Minutes
c. Acknowledge August 15, 2018 Parks and Recreation Commission Minutes
d. Approve Resolution 2018-71 Support of a MN Innovation Loan for Entrepreneurs (MILE) Application
to Poma 22, LLC from MN Dept. of Employment and Economic Development
e. Approve Community Service Officer Hire
f. Accept Resignation of Firefighter
g. Approve Ordinance 532 Amend Code Regarding Right -of -Way Management
h. Approve Ordinance 533 Amend Code Regarding Seasonal Weight Restrictions and Weight Limits
i. Approve Resolution 2018-73 Award Contract for 2018 Sanitary Sewer Rehabilitation
j. Approve a Purchase Order for the City Hall Lower Level Sidewalk Replacement
k. Approve Resolution 2018-74 Provide for Sale of $1,125,000 General Obligation Bonds Series 2018A
1. Approve Animal Impound Agreement - South St. Paul Animal Hospital
September 17, 2018 Mendota Heights City Council Page 1 of 8
m. Approve Building Activity Report
n. Approve Claims List
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEM
E) APPROVE COMMUNITY SERVICE OFFICER HIRE
Councilor Duggan stated that it was nice to see a sainted person coming on board with the name of Katie
Saint. It was also nice to see the City getting up to a full staff in the police department.
Councilor Petschel pointed out that Ms. Saint has outstanding qualifications.
Councilor Duggan moved to approve the hiring of Katie Saint as Community Service Officer, with a
starting hourly rate of $18.89.
Mayor Garlock seconded the motion.
Ayes: 5
Nays: 0
K) APPROVE RESOLUTION 2018-74 PROVIDE FOR THE SALE OF $1,125,000 GENERAL
OBLIGATION BONDS SERIES 2018A
Councilor Duggan acknowledged receipt of this resolution.
Councilor Duggan moved to adopt RESOLUTION 2018-74 PROVIDING FOR THE SALE OF
$1,125,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2018A.
Councilor Petschel seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
There were no public comments.
PRESENTATIONS
A) HENRY SIBLEY HIGH SCHOOL ALMAS GROUP
The ALMAS (Anglos Latinos Motivated to Succeed) Group from Henry Sibley High School expressed
their appreciation to the Council for passing an ordinance prohibiting the sale of flavored tobacco
products in Mendota Heights. Walking into a convenience store and seeing empty shelves where
flavored tobacco products used to be makes them proud to be a part of a community that is willing to
make the health of the community — and the young people — a priority. They are excited to continue to
work with the Council in raising the age limit to purchase tobacco products to 21 years.
The Councilors expressed their support of the ALMAS Group and their efforts in raising awareness of
the harmful effects from tobacco.
September 17, 2018 Mendota Heights City Council Page 2 of 8
B) ADOPTING PRELIMINARY BUDGET AND LEVY
Finance Director Kristen Schabacker shared the following points regarding the preliminary budget:
• The proposed levy is $9,435,150; representing a 9.82% increase from fiscal year 2018
• The 2019 budget for all funds is just over $15M
• The taxable market value for the city is just over $2 billion, an increase of 5.94% from 2018
• The proposed city tax rate is 39.275, up from 37.826 in 2017
• The average residential home value increased by 5.1% from last year
• The median home value in 2019 is $380,230. The home valued at $361,780 last year would have
paid $1,412 in city taxes; that home this year would be valued at the median and will pay $1,537
• The property tax increase will be approximately 8.84% for the city's portion
o Includes an amount for the fire station remodel — the first bond payment is included in
the levy, which is part of the reason why there is a 9.82% increase
o Had the fire station not been remodeled, the property tax increase would have been
2.58%
• New in 2019:
o The fire station remodel
o Parks maintenance worker position scheduled to start in April 2019
o Increased revenue from field usage fees
o Police officer budgeted for the entire year; position started mid -year in 2018
o Natural Resources position was a partial year in 2018 and will be a full year in 2019
o Increase for the firefighters pension
o Cost of living adjustment included in employee wages
o Included a 5% increase for the city's contribution to insurance for employees
• Capital items discussed at the budget workshop are not included in the levy but will be paid for
out of the general fund reserves
o Rifle replacement for the Police Department
o Policy body cameras and squad cameras
o Fire chief vehicle
o Public Works gate
o Street Department truck
o Two mowers for the Parks Department
o Parks registration software
Tax Levy Comparison 2018 Final to 2019 Proposed
• General Fund — increased 3.68%
• Fire Relief— increase 12.5%
• Fire Station — increased 100% (from $0 to $519,932)
• Special Levies — increased 4.61%
Ms. Schabacker reiterated that changes can be made to the preliminary budget prior to the adoption of
the final budget in December; however, the preliminary levy cannot be increased once it is certified to
Dakota County in September. The budget may be increased if funded by sources other than the property
tax levy. In November, Dakota County will send out the proposed property tax amounts based on the
preliminary levy adopted in September. The final budget and levy will be discussed at the Council
September 17, 2018 Mendota Heights City Council Page 3 of 8
meeting on December 4, 2018. The final levy needs to be certified to the County no later than
December 28, 2018.
Councilor Duggan requested that the preliminary budget be posted on the city's website; which Ms.
Schabacker agreed to do.
Councilor Duggan encouraged the Council to seriously think about a larger increase in IT as it becomes
an area of greater need for the city and to consider hiring an IT staff member in the near future.
Councilor Miller moved to adopt RESOLUTION 2018-66 APPROVING PROPOSED 2018 LEVY
COLLECTIBLE IN 2019.
Mayor Garlock seconded the motion.
Ayes: 5
Nays: 0
Councilor Miller moved to adopt RESOLUTION 2018-67 ADOPTING 2019 PRELIMINARY
BUDGET.
Councilor Petschel seconded the motion.
Ayes: 5
Nays: 0
Councilor Petschel moved to adopt RESOLUTION 2018-68 APPROVING FINAL 2018 TAX LEVY
FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE IN 2019.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
PUBLIC HEARING
A) NPDES PHASE II STORM WATER PRMIT — ANNUAL PUBLIC HEARING
Public Works Director Ryan Ruzek explained Mendota Heights is a holder of a Municipal Separate
Storm Sewer System (MS4) permit. The requirement of holding this permit is that the city holds a public
hearing annually. This public hearing is in relation to activities the city undertook in the 2017; however,
all of the permit requirements are still the same.
As an MS4 permitee, the city is required to meet six components, or minimum control measures, of its
Surface Water Pollution Prevention Program (SWPPP): Public Education and Outreach, Public
Participation/Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff and
Control, Post -Construction Runoff Control, and Pollution Prevention/Good Housekeeping.
Mr. Ruzek explained how the city addresses these components through the Best Management Practices.
Councilor Miller asked for additional information on the pond management plan. Mr. Ruzek explained
the sediment removal project. Currently, the city has a consultant looking at pond improvement at
Wentworth Park. Two ponds are proposed to have sediment removed and improvements made as part
of the Marie Avenue project next year. The city is hoping to complete two pond projects per year.
September 17, 2018 Mendota Heights City Council Page 4 of 8
Councilor Miller asked what process is used to determine which ponds to include each year. Mr. Ruzek
replied that at its September 4, 2018 meeting, the City Council adopted the Surface Water Management
Plan, which included a model that showed phosphorus removal efficiencies. Staff would also take a look
at pond sizes to see which ones they could get the most bang for the buck from. He listed additional
potential considerations.
Councilors asked questions regarding alternative treatment options, potential setbacks or unforeseen
issues, funding and grant considerations, aesthetics and water activities in the future, and the smell
coming from Copperfield Pond. Mr. Ruzek addressed each question.
Mayor Garlock moved to open the public hearing.
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
No comments were heard from the public.
Councilor Duggan moved to close the public hearing.
Councilor Petschel seconded the motion.
Ayes: 5
Nays: 0
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2018-72 DENYING LOT SPLIT AND LAND COMBINATION OF CITY -
OWNED LANDS FOR PROPERTIES LOCATED AT 754 AND 760 UPPER COLONIAL DRIVE
AND PART OFWENTWORTH PARK
AND
APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNERS
OF 760 UPPER COLONIAL DRIVE
Community Development Director Tim Benetti explained that this resolution was to officially deny
selling off part of the area of Wentworth Park located behind the two properties located at 754 and 760
Upper Colonial Drive.
At the July 2, 2018 City Council meeting, the Council approved the application for a lot line adjustment
with a variance between the two properties; however, the Council tabled the lot split and combination
requests to allow city staff and the city attorney to consult with all parties and explore options.
At the August 13, 2018 Council Work Session, the Council provided direction to staff to have the half -
built shed on the 754 Upper Colonial Drive site removed; however, they should work with the 760
Upper Colonial Drive site as the fence appeared to have been installed many years ago.
Councilor Duggan requested that the city attorney address the suggested changes he had provided. City
Attorney Andrew Pratt replied that the suggested changes looked fine to him. He also noted that under
Item 5 Fence Removal or Relocation Upon Sale of Subject Property, in the section that reads ".. .
relocate the new fence and planting materials ..." the word 'new' would be removed.
September 17, 2018 Mendota Heights City Council Page 5 of 8
Councilor Petschel suggested the planting materials be required to be removed or relocated as well.
After discussion, the Council agreed that the "(if so desired)" be struck from Item 5.
Councilor Petschel moved to adopt RESOLUTION 2018-72 DENYING A LOT SPLIT AND LOT
COMBINATION OF CITY -OWNED LANDS FOR PROPERTIES LOCATED AT 754 AND 760
UPPER COLONIAL DRIVE AND PART OF WENTWORTH PARK.
AND
APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND
CURRENT and FUTURE NEW OWNERS OF 760 UPPER COLONIAL DRIVE with the agreed upon
changes.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
B) TAKE PUBLIC INPUT FOR POLICE BODY -WORN CAMERA POLICIES
Chief of Police Kelly McCarthy explained that the Police Department would like to provide an
opportunity to members of the public who have an opinion they would like to have stated for the record
on the Police body -worn camera policy and proposal. She prepared a best practice guide that was
furnished by the League of Minnesota Cities and is available on the city's website, as well as the draft
policy for the body cameras.
There were no comments from the public.
Councilor Miller stated that he believed this to be a good policy and would help police and the general
public to remain safe. He asked what the next steps would be for implementation. He also asked if the
type of body cameras has been determined. Chief McCarthy replied that the department has been in a
soft testing phase where officers have gotten to experience several different manufacturers and different
types of cameras. The officers have found that the Taser or Axon camera is their preferred camera; it
does integrate with a Taser or an Axon in -car camera system. The next steps would be negotiating with
Taser and Axon for those prices. Once the budget is approved, they would work with the supplier and
the city's IT provider to make sure they could get them purchased and implemented. Then they would
have to train on the components.
Councilor Petschel asked if the department had received any feedback from the Facebook post. Chief
McCarthy replied that they have received a few comments; however, it is hard to get people fired up
about policy review and implementation. The Department will try other techniques in the coming weeks.
Councilor Petschel asked if the Department had reached a satisfactory arrangement regarding the storage
of the data. Chief McCarthy replied in the affitinative and noted that each provider, if they go with Taser
or Axon, has storage available in the Cloud, which meets all of the BCA security requirements.
Councilor Paper asked if law offices needed special software to access the videos. Chief McCarthy
replied in the negative and explained that the attorney would be sent a link and credentials and they
could then log on and view the incident they were working on.
September 17, 2018 Mendota Heights City Council Page 6 of 8
Additional questions regarding data storage, retention policies, maintenance of the data, IT support and
expertise, and costs were asked by the Councilors and address by Chief McCarthy.
C) ESTABLISH JOINT MEETING DATE WITH THE PLANNING COMMISSION FOR
DISCUSSION OF 2040 COMPREHENSIVE PLAN UPDATE
City Administrator Mark McNeill explained that there is a large amount of information that the Council
will be reviewing as part of the 2040 Comprehensive Plan Update. On Thursday, September 13, 2018
the Planning Commission held a workshop where it was suggested that a date be established for the
Council and the Planning Commission to meet jointly to begin to go over the information.
The date the Commission suggested was Monday, October 15, 2018 at 6:00 p.m. This date and time was
agreed upon by the City Council.
Councilor Duggan noted that he attended the workshop on September 13, 2018 and was amazed at the
amount of material. He suggested that copies be made available to the Councilors soon so they could
come prepared to the October 15, 2018 joint session.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill made the following announcements:
• 2040 Comprehensive Plan Open House on September 25 from 4:30 — 7:00 pm
• City Council Workshop on October 2 where staff anticipates a request for Tax Increment
Assistance for Senior Housing at the Larsen Greenhouse site
• Planning Commission Public Hearing regarding the Henry Sibley High School Football - Athletic
Field Variances — Thursday, October 4 at 7:00 pm
• Movie in the Park on Saturday, September 22 at Mendakota — "Moana"
• Registration is now open for fall recreation programs— information available on the city's website
• Aeration of Par 3 is underway but was rained out
COUNCIL COMMENTS
Councilor Petschel commented on a wonderful event held on September 14 — Pink Out for the Cure. Much
of the fund raising was done in the name of individuals in people's families who are either currently
dealing with cancer or have succumbed to cancer; donations were made in their memory.
She also expressed her appreciation to the residents for making the city so beautiful. She has been going
door-to-door and has never seen so many beautiful gardens and plants.
Mayor Garlock stated that he received notification that School District 197 Foundation is having its 9th
Annual 5K on September 29, 2018 to raise money for grants. The event will be held at Sibley High School.
Councilor Miller stated that the Fire Department Annual Open House is September 22, 2018 and
encouraged all to come.
Councilor Paper expressed his appreciation to the ALMUS Group for discussing flavored tobacco. He
looks forward to them returning and bringing more information for Tobacco 21.
September 17, 2018 Mendota Heights City Council Page 7 of 8
He also asked for confirmation that Dodd Road was going to be closed this week. Public Works Director
Ryan Ruzek confirmed that there will be a one -day closure. MnDOT has been working closely with the
Fire Chief Dreelan on coordinating some of these closures.
Councilor Duggan stated that this city should realize that it has some of the most wonderful people in the
world. Three of them took part in a forum, running for re-election. The city is fortunate to have such
talented people wanting to serve. They are also privileged to have NDC4 cable commission willing to
record and air the candidate forums, allowing residents an opportunity to get to know the candidates.
He asked if the website would have a description of the limits on the bonfire materials allowed. City
Administrator Mark McNeil replied that he would make sure it was posted.
Councilor Duggan commented on the great shape the soccer fields are in.
He also stated that with the name change of Highway 110 to Highway 62, that he was reopening the
challenge to name the tunnel, as it can no longer be called "The Hole in 110".
He ended with a quote: "fama malum qua non aliud velocius ullum", which means "There is no evil swifter
than a rumor".
ADJOURN
Councilor Paper moved to adjourn.
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
Mayor Garlock adjourned the meeting at 8:13 p.m.
ATTEST:
Lorri Smith
City Clerk
Neil Garlock
Mayor
,J2„e63,
September 17, 2018 Mendota Heights City Council Page 8 of 8