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2019-02-05 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, February 5, 2019 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 Petschel moved adoption of the agenda. Councilor Paper 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. a. Approval of January 15, 2019 City Council Minutes b. Approval of January 29, 2019 Council Work Session Minutes c. Acknowledgement of the December 20, 2018 Planning Commission Meeting Minutes d. Acknowledgment of the December 11, 2018 Park and Recreation Meeting Minutes e. Approval of Resolution 2019-13 Approving Community Development Block Grant (CDBG) Funding Application through Dakota County — FY 2019 f. Approval of Amendment to the City Administrator Employment Agreement g. Approval of Resolution 2019-12 Accept Work and Authorize Final Payment for the Mendota Heights Road & Kensington Street Improvements h. Approval of Grading Permit for the Henry Sibley High School Athletic Fields i. Approval of Out of State Travel — Fire Department j. Approval of Public Works Dump Truck and Accessories k. Approval of Contract with Building Official, A to Z Home Inspections, LLC 1. Acknowledgement of December 2018 Fire Synopsis in. Approval of Claims List Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) No one wished to be heard. PUBLIC COMMENTS PRESENTATIONS A) RECOGNITION OF PLANNING COMMISSION MEMBER LITTON FIELD, JR. Mayor Garlock, on behalf of the City Council, presented Mr. Litton Field, Jr. a plaque recognizing him for his 11 years of outstanding service on the Planning Commission, many of them as the Chair. His dedication and leadership will be greatly missed. Councilor Petschel added that when someone is a member of a Commission they have a certain role. When they become the Chair of a Commission, their role changes, and they become more of a shepherd. She believed that Mr. Field has been an incredible shepherd under extremely difficult circumstances. The City is extremely indebted to him for preserving a good process on the Planning Commission. B) PRESENTATION OF POLICE BODY CAMERA USAGE Captain Wayne Wegener provided the Council with information regarding the acquisition, implementation, and policy regarding police body worn cameras. He explained that as many police departments continue to move towards the implementation of body worn cameras, the Mendota Heights Police Department has tested and evaluated different systems. They have relied on the patrol officers to discuss system needs and do the testing and functionality of those camera systems. After the testing and discussions were complete, and based on feedback from the officers, the Axon system was chosen. Earlier this year, the Police Department purchased the Axon Body -worn Camera System, which was very comparable to the other systems reviewed. At that time, the Axon mobile camera system for squad cars was purchased, to integrate with the body worn cameras, allowing officers to log into one system, furthering ease of use, and allowing for one storage location for all of the videos. From an administrative standpoint, this is a very robust system allowing for very large storage solutions, the tracking of cases, and allowing the city attorney to have access as needed. The system would be implemented in phases, allowing the officers to become comfortable with using the systems and to provide answers to any questions they may have. February S, 2019 Mendota Heights City Council Page 2 of 7 A draft policy for the body -worn cameras has been posted on the city's website; no feedback from the community has been received at this time. Councilor Petschel asked where the cameras would be located. Captain Wegener replied that the cameras can be mounted in various locations. Many of the officers have chosen to wear them in the middle of their chests, in between their pockets. Councilor Petschel, noting that there has been discussion with the Sheriff's office in terms of working through a larger group and developing more space for storage, asked if progress was being made on that. Captain Wegener answered that the department is continuing to have those conversations to look at expanding to a regional group or storage, but nothing has been decided at this point. Councilor Miller expressed his appreciation for the work that has been done on this. Councilor Paper asked if an officer was wearing a tie, where would the camera go. Captain Wegener replied that the system would allow for the camera to be mounted over the tie; however, officers typically do not wear ties during the course of their duties. Councilor Paper asked if the officer was wearing a jacket where would the camera be located. Captain Wegener replied that the camera could be worn on top of the jacket or underneath with the jacket unzipped. The cameras are versatile. He noted that the camera is approximately 3.5 inches by 4.5 inches in size, and approximately 1.5 thick. They would be on during most interactions with the public by the push of a button. Once the cameras are integrated with the squad car system, when the squad lights are turned on, the body camera would automatically be turned on. Mayor Garlock opened the floor for public comments. Mr. Dennis Forsberg asked if a camera would be assigned to each officer. Captain Wegener replied that they have procured enough cameras so that each officer is assigned their own camera; however, the camera would remain in a docking station located in the Police Department when they are off duty. When they come onto their shift, they would remove the camera from the docking station, test to ensure that it is working, and then affix it to their uniform. Mayor Garlock asked how long the data would be kept. Captain Wegener replied that there is a retention schedule that must be followed and it would be determined by the classification of each piece of data. For example, anything that would generate a case file would be kept for seven years. Traffic stops with a citation would be kept for three years. The minimum of any file would be 90 days. Councilor Paper asked about the expected useful life of a camera. Captain Wegener replied that the agreement with Axon provides them with replacement cameras in 2.5 years. After that time, if they continued with Axon, they would be required to purchase new cameras. February 5, 2019 Mendota Heights City Council Page 3 of 7 PUBLIC HEARING A) ORDINANCE 537 ADOPTING FEE SCHEDULE City Clerk Lorri Smith explained that the Council has been asked to review an amendment to the city's fee schedule. Minnesota Statutes states that the adoption of a fee schedule, that includes planning and zoning fees, requires a public hearing to allow for public comment. The fees are reviewed annually by staff to ensure that the rate structure accurately reflects the costs of services provided. Any fee increase is proposed by the department charging the fee. Ms. Smith then reviewed some of the notable changes. Councilor Petschel moved to open the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) There being no one wishing to make any comments, Councilor Petschel moved to close the public hearing. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Councilor Petschel moved to adopt ORDINANCE NO. 537 AN ORDINANCE AMENDING FEES FOR SERVICES. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) NEW AND UNFINISHED BUSINESS A) ROGERS LAKE PARK STREET LIGHT REQUEST Public Works Director Ryan Ruzek explained that the Parks & Recreation Commission has recommended the installation of a street light at the entrance to Rogers Lake Park upper parking lot. Commissioner Kipp expressed safety concerns at the Wagon Wheel Trail crosswalk, next to the upper parking lot. The upper parking lot is mainly used for users of the skate park, which is only open during park hours. There is currently no lighting at the park. February 5, 2019 Mendota Heights City Council Page 4 of 7 Letters were mailed to approximately 12 property owners in the area asking for their feedback. Four property owners were opposed to this light. A petition was received from the Rogers Lake Property Owners Association which opposed the installation of this light. As for the cost of an LED light, the city typically leases these lights at approximately $10.36/month or $124/year. The light is proposed to be installed on an existing power pole. Councilor Petschel noted that there is no record of security issues in the park. She raised her concerns about what night time lighting would do to the habitat in the pond adjacent to the proposed light location. Councilor Miller echoed Councilor Petschel's sentiments. He added that one of the attractions to this community is the fact that anyone can go into these natural areas and find beauty as it is intended to be. Councilor Paper stated that most of the neighbors around there have been fairly clear about not wanting this light installed. Ms. Sue Light, 2270 Wagon Wheel Court, stated she believed that it should be a consideration that Mendota Heights is a pollinator -friendly city and that these suggestions need to be looked at through that lens. Councilor Petschel moved to deny the installation of a street light at Rogers Lake Park upper parking lot. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) B) PROFESSIONAL SERVICES CONTRACT FOR THE VILLAGE RETAINING WALLS IMPROVEMENT PROJECT Public Works Director Ryan Ruzek reminded the Council that an issue was brought to the City's attention last fall about the failing retaining walls in The Village Town Center area. There are a number of retaining walls, both tiered and single height walls ranging from one -foot tall to approximately nine feet tall. There is approximately 500 linear feet of retaining wall. It appeared on inspection that these walls were not constructed properly. Staff developed an RFP for consulting services. Two firms responded with proposals for engineering design and inspection work to develop a full feasibility study and help the city through completion of this project. The low bidder was Stonebrooke Engineering out of Burnsville, MN. Their total fee for this work is $64,436, a not -to -exceed fee. February 5, 2019 Mendota Heights City Council Page 5 of 7 The feasibility report is scheduled for presentation to Council on April 2, 2019. Staff would then take a look at the details developed as far as wall types, assessable properties, and more fine-tuned details of the project. Councilor Paper expressed his frustration at having to remedy this situation since it was not constructed correctly to begin with; however, he is glad that it is being taken care of for the residents' safety. Councilor Petschel asked if the people who could be possibly assessed for this project were aware of where the city was in addressing this situation. Mr. Ruzek replied that he has had several meetings with the residential association so they are aware that this is on the horizon. The commercial property and potentially Dakota County CDA could be another benefitting property as well. Mr. Ruzek noted that the city may have had some substantial involvement in the construction of these walls; however, the walls that are onsite do not match what was in the original design plans. There was obviously some field changes that were made during construction. Councilor Paper asked how the costs would get split. Mr. Ruzek replied that staff would work with the consultant through the feasibility process; taking a look at which properties would benefit. He plans on using the city's street rehabilitation and reconstruction policy, which says the city can assess up to 50% of the project costs. This is a Planned Unit Development (PUD) so the city could consider this a unit assessment. They could look at front footages or at the area of the lots. Mayor Garlock moved to authorize staff to execute a professional services contract with Stonebrooke for a not -to -exceed price of $64,436. Councilor Miller seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) C) RESOLUTION 2019-14 APPOINTMENT OF PLANNING COMMISSIONER City Administrator Mark McNeill noted that earlier this evening, the Council interviewed eight candidates for the Planning Commission. The recommendation is to appoint Mr. Andrew Katz to the vacancy on the Planning Commission. Councilor Petschel moved to adopt RESOLUTION 2019-14 APPOINTING ANDREW KATZ TO FILL A VACANCY ON THE PLANNING COMMISSION, for a term to expire on January 31, 2022. Mayor Garlock seconded the motion Ayes: 4 Nays: 0 Absent: 1 (Duggan) February 5, 2019 Mendota Heights City Council Page 6 of 7 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that February 9 is Family Movie Night in the Sibley High School Auditorium, beginning at 6:30 p.m. The movie to be shown is "Incredibles 2". February 10 is the Royal Ball at the Concord Exchange Building. He stated that summer recreation program registration will open in March. COUNCIL COMMENTS Councilor Paper expressed his appreciation to Mr. Litton Field, Jr. for his service on the Planning Commission. He also expressed his appreciation to the candidates who interviewed for the open position on the Planning Commission. It was a difficult decision and he welcomed Mr. Katz to the commission. Councilor Miller requested that residents remember to clear the snow from around the fire hydrants near their homes in the off -chance of an emergency. Mayor Garlock noted that with all of the snow we have received, he was quite sure there was a snow emergency in affect. He thanked all of the residents for making sure their cars are off the streets to ensure the snowplows can properly clear the snow. Councilor Petschel recognized Public Works, Police, and the Fire departments who had multiple calls during the extremely cold weather. Councilor Paper moved to adjourn. Councilor Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 (Duggan) Mayor Garlock adjourned the meeting at 7:38 p.m. Neil Garlock Mayor ATTEST: Lorri Smith City Clerk February 5, 2019 Mendota Heights City Council Page 7 of 7