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2012-01-03 City Council minutesMendota Heights City Council CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 3, 2012 January 3, 2012 Page 1 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 Krebsbach called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Duggan, Povolny, Petschel and Vitelli. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved adoption of the agenda. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Duggan moved approval of the minutes of the regular meeting held on December 20, 2011 with one minor correction. Councilmember Vitelli seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein; pulling items B) Acknowledgement of the Outdoor Warning Siren Replacement and Upgrade Update; D) Adoption of, "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER "; F) Adoption of, "RESOLUTION ADOPTING DATA PRACTICES POLICY AND APPOINTING DATA PRACTICE COMPLIANCE OFFICIALS "; and K) Approval of the 2012 Teamsters Local #320 Contract Mendota Heights City Council January 3, 2012 Page 2 a. Acknowledgement of the December 2011 Building Activity Report b. Acknowledgement of the Outdoor Warning Siren Replacement and Upgrade Update c. Approval of the Official newspaper for 2012 d. Adoption of "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER" e. Adoption of, "RESOLUTION ADOPTING THE JOINT POWERS AGREEMENT WITH STATE OF MINNESOTA MATERIALS MANAGEMENT DIVISION AND THE CITY OF MENDOTA HEIGHTS TO ACCESS COOPERATIVE PURCHASING VENTURE" f. Adoption of, `RESOLUTION ADOPTING DATA PRACTICES POLICY AND APPOINTING DATA PRACTICE COMPLIANCE OFFICIALS" g. Adoption of, "RESOLUTION ESTABLISHING 2012 CITY DEPOSITORIES OF FUNDS" h. Adoption of, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 2012" i. Annual appointment of Disaster Preparedness Committee Representative j. Authorization Change Bank Signature Cards k. Approval of the 2012 Teamsters Local #320 Contract 1. Approve the Claims List Councihnember Vitelli seconded the motion. Ayes: 5 Nays: 0 B) ACKNOWLEDGEMENT OF THE OUTDOOR WARNING SIREN REPLACEMENT AND UPGRADE UPDAFE Councilmember Duggan pulled this item to find out the total cost involved and to find out whether it has being budgeted for in 2012 or taken from 2011 budgeted dollars. Mayor Krebsbach commented that the memo states that fifty percent of the cost of narrow banding the siren radio is covered by Urban Area Security grant money from the Federal Department of Homeland Security Grant. Chief of Police Michael Aschenbrener replied that ninety -five percent of the work has been completed and was taken from the 2011 budget; approximately $3,200 worth of work is still left to be done on the two old sirens and those funds will be taken from the 2012 budget. The three new sirens have been installed. The siren was removed from the roof of the fire station and placed on a new pole. The total cost of the project is $77,085.64 plus taxes. Councilmember Duggan moved to approve the recommendation to finish the purchasing of the sirens. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 D) ADOPTION OF, "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF GIFT OF $250 FROM HUGO AND SUSAN BLACKFELNER" Mendota Heights City Council January 3, 2012 Page 3 Mayor Krebsbach explained that Mr. Hugo Blackfelner was a Mendota Heights Police Officer for twenty -five years. The letter received from Mr. and Mrs. Blackfelner stated that they `appreciate the dedication and commitment of everyone in the department'. Councilmember Duggan moved to accept the gift of $250 from Hugo and Susan Blackfelner. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 F) ADOPTION OF, "RESOLUTION ADOPTING DATA PRACTICES POLICY AND APPOINTING DATA PRACTICE COMPLIANCE OFFICIALS" City Clerk Sandie Thone explained that, by state statute, the Data Practices Policy must be reviewed annually by staff to ensure that it complies with any of the changes that have been made during the year. The policy has been reviewed, there were no changes necessary this year, and the city's data practices policy complies with state statutes. This is the same policy the city has had for the past few years. There are no changes in the compliance officials from 2011. Mayor Krebsbach explained that City Clerk Sandie Thone is the Data Practices Policy Responsible Authority and Compliance Officer, and Police Chief Michael Aschenbrener is the Data Practices Designee. The policy is to protect the privacy, use and dissemination of data. Councilmember Duggan highlighted changes that he suggested be made to the wording in the policy document. A brief discussion was had concerning minor changes to the document. Councilmember Duggan moved adoption of, "RESOLUTION ADOPTING DATA PRACTICES POLICY AND APPOINTING DATA PRACTICE COMPLIANCE OFFICIALS" with the proposed amendments. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVAL OF THE 2012 '1'EAMS'I ERS LOCAL #320 CONTRACT Councilmember Duggan expressed his desire to make suggested changes to any future contracts to bring them up to modern terminology. Mayor Krebsbach explained that there is a labor agreement before the council that Councihnembers had an opportunity to comment on and respond to in closed sessions, and now have an agreement that has been approved by the employees through their bargaining unit, the Teamsters, and anything that is desired for the future should be part of goal setting sessions and this contract will not be discussed at this time. Councilmember Vitelli moved approval of the 2012 Teamsters Local #320 Contract. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 Mendota Heights City Council PRESENTATIONS A) ANNUAL EMPLOYEE RECOGNITION AWARDS January 3, 2012 Page 4 Mayor Krebsbach stated that the council takes great pride in the longevity of their employees and presented service awards to the following employees: Pam Deeb, City Receptionist Five Years Sharon Hinze, Utility Billing Clerk Five Years Sandra Ristine, Police Secretary Five Years Jake Sedlacek, Assistant to the City Administrator Five Years Mike Shepard, Police Officer Five Years Denise Urmann, Police Officer Five Years Justin Fitzgerald, Fire Department Five Years Teresa Gangelhoff, Parks & Recreation Jennifer Larrive, Police Officer Jeffory Von Feldt, Police Officer Chad Willson, Police Officer Mary Bang, Fire Department Richard Gapinski, Fire Department Scott Henning, Fire Department Robert Lambert, Police Officer John Larrive, Police Officer Ten Years Ten Years Ten Years Ten Years Ten Years Ten Years Fifteen Years Fifteen Years Fifteen Years John Boland, Public Works Twenty Years Mario Reyes, Police Investigator Thirty Years Terry Blum, Public Works Thirty-Five Years George Noack, Public works Thirty-Five Years B) ACKNOWLEDGEMENT OF RETIRING AND NEW PROBATIONARY FIREFIGHTERS Fire Chief John Maczko recognized the following retiring firefighters: Paul Kaiser retired in August of 2011 after twenty -six years as the Fire Marshal for the city Roy Kinglsey retired December 12, 2011 after twenty -one years of service. Mr. Kinglsey served the department as a Captain for eleven years, then became the Assistant Training Officer, and in January 2010 was appointed Training Officer. He also served as fire investigator and fire prevention officer. Fire Chief Maczko introduced three new probationary firefighters: Kevin Gilbert, Barry Sommervold, and Dan Willems. Mendota Heights City Council PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS A) PLANNING CASE 2011 -33: CRITICAL AREA PERMIT 1665 LEXINGTON AVENUE, AND ADOPTION OF, "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR LANDSCAPING AT 1665 LEXINGTON AVENUE" January 3, 2012 Page 5 Assistant to the City Administrator Jake Sedlacek explained that there is a clause in the city code that allows planning cases to be brought directly to the council if it is a case that is minor in nature. Staff has discussed this planning case with the applicant and found both their work to be minor and to be of an urgent nature because the work described in the application needs to occur when the soil conditions are cold. Mr. Sedlacek then described the details of the requested critical area permit and the application process steps that have taken place. Staff reviewed the application and found it to be an improvement to storm water management in the critical area, a minor impact to the critical area, and recommended approval. Councilmember Petschel moved approval of, "RESOLUTION APPROVING A CRITICAL AREA PERMIT FOR LANDSCAPING AT 1665 LEXINGTON AVENUE" Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 B) APPOINTMENT OF ACTING MAYOR FOR 2012 Mayor Krebsbach has asked Councilmember Vitelli if he would continue as the Acting Mayor for 2012. Councilmember Duggan moved approval of Appointment of Councilmember Jack Vitelli as Acting Mayor for 2012. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 C) APPROVAL OF THE 2012 -2016 SANITARY SEWER IMPROVEMENT AND MAINTENANCE PLAN Public Works Director John Mazzitello explained that this is the next step in the evolution of the city's planning for infrastructure improvements. This is a five -year outlook for maintenance projects for the sanitary sewer system. He then introduced Assistant City Engineer Ryan Ruzek to give some technical overview about the plan and how staff carne up with it. Mendota Heights City Council January 3, 2012 Page 6 Mr. Ruzek explained: • That the Sanitary Sewer Improvement and Maintenance Plan (SSIMP) forecasts the needs of the city over a five -year period • The SSIIVIP is based on city adopted long range plans, goals, and policies • The plan will be updated annually to ensure consistency and reflect the changing demands and financial resources • The goals of the SSIMP — Provide a balanced program for sanitary sewer improvements — Enable the City of Mendota Heights City Council to evaluate the needs of the entire city objectively — Anticipate needed sanitary sewer improvements before they become critical — Provide a plan for sanitary sewer improvements that can be used in preparing the budget in the coming fiscal year The City of Mendota Heights Sanitary Sewer Collection Systems consists of: • 73.1 miles of gravity sewers • 1.3 miles of pressure sewers or forcemains • 1,906 sanitary manholes • 6 lift stations Mr. Ruzek then gave project details for extending the life of the sewer, which included: • Cleaning and televising, which is the first step • Rehabilitation — Install synthetic liner; said to increase the life of the pipe by 100 years Mr. Ruzek stated that the projects are funded through the sanitary sewer utility fund and shared anticipated project costs for: • Annual sewer cleaning and televising • Sewer lining projects • Lift station rehabilitations • Replacing a portion of the city trunk line • Monitor the forcemain on Mendota Heights Road for breaks Mr. Ruzek gave a brief overview of the Sanitary Sewer Utility Fund report. Councilmembers asked questions regarding challenges from restaurant grease in the sanitary sewer system, timeline for replacing the water main in Friendly Hills and the possibility of moving that project up, assumptions made in the plan as far as increase in costs from Met Council, and sewer lining. Councilmember Vitelli specifically questioned whether the cost increases projected for Met Council were reasonably accurate. Mayor Krebsbach asked Mr. Mazzitello to explain the rate increases that are included in the SSIMP and where they are coming from. Mr. Mazzitello replied that the rate increase that was approved at the last council meeting was a ten percent increase to cover the past two years of increases in Met Council costs. Those increases were approximately two percent for 2011 and approximately eight percent for 2012. The rate increase was for both years because the city did not have a rate increase at the end of 2010 for Mendota Heights City Council January 3, 2012 Page 7 the 2011 calendar year. Based on projected cost increases, assuming three percent for MCES and two percent for city costs, the projected five percent annual increase is intended to cover those two increases. These figures are for budgeting and forecasting purposes only and do not obligate the council to do anything with regard to rates or any other revenue gathering from the residents. Staff would need to come to council at the end of each year to adopt a resolution to increase the sanitary sewer rates for the coming year. Additional discussions followed as to why this is a five -year plan as opposed to a two -year plan; that the plan is solid for 2012 and 2013; and that the 2014, 2015, and 2016 plans are flexible and dependent on results from the annual sewer cleaning and televising projects, Met Council plans, available funding, and other unknown factors. Mayor Krebsbach suggested that the council acknowledge and accept the Sanitary Sewer Improvement and Maintenance Plan report versus approving the plan itself and then get back into it on an annual basis. Mr. Mazzitello replied that the 2012 program is budgeted in the 2012 budget. So by acknowledging the report now, staff moves forward with the 2012 program. The ideal timeframe is to bring this back at the end of 2012 with the street plan — two chapters to the same document. The next step in this process will be to develop a third plan, whether that be storm sewer, trails, water main — there will be another chapter until staff has built the entire Infrastructure Five -Year Outlook Plan for the city. Councilmember Vitelli moved Acknowledgement of the 2012 -2016 Sanitary Sewer Improvement and Maintenance Plan Report Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 D) MINNESOTA INVESTMENT FUND REQUEST (DISCUS SION ITEM) City Administrator Justin Miller explained that the Minnesota Investment Fund (MIF) awards grants through local cities that provide loans to assist expanding businesses. All projects must meet minimum criteria for private investment, number of jobs created or retained, and wages paid. There is a maximum of $500,000 per grant and then the city would be able to keep part of those funds as an administrative fee. Greater MSP, the new metro -wide economic development entity, has been in touch with an area company that is looking to expand and who has identified an empty building in Mendota Heights. Greater MSP approached staff in regards to participating in a Minnesota Investment Fund request. Obviously there would be staff time and constraints to take into consideration, as well as on going monitoring of that loan; however, the loan is negotiated between the city and the company but the contract is between the state and the company. As this is something new to the city, staff is looking for council input and comments. Mendota Heights City Council January 3, 2012 Page 8 Mayor Krebsbach had made the suggestion to City Administrator Miller that this be introduced to the council and that further discussion could be had at the goal - setting session if council wished to pursue this because it would affect staffing, what company or building might be the greatest benefit to the city, what is the benefit to the city in doing this, etc. Councilmember Duggan asked that staff do some research and come back to the council with examples of where this has been done in other communities to ascertain what the success rate may be. He also requested a history of the building in question — current tax, size, previous uses, etc. He would also like information about the company that would like to move in and what their proposed use would be for the building. Councilmember Povolny asked if the city is on the hook if the loan goes bad. City Administrator Miller replied that the information he received said that the state would ask the city to make due diligence to try to collect on that loan but that it would not be a liability of the city; it would be a liability of the state. Conncilmmeinber Petschel expressed her desire that when staff researches examples of where this has been done in other communities, they find out how much staff time is involved and if the money they were able to claim as an administrative fee truly does cover the cost of that staff time. Councilmember Vitelli expressed his concerns and stated he would not support this program because of the level of bureaucracy involved; Housing and Urban Development, the federal government, small city development, federal funds, and State of Minnesota employees. Also, the city is the one who needs to negotiate between the city and the business so that it is acceptable for some bureaucrat at the state; and then if it goes bad the city is expected to make collection efforts. Councilmember Vitelli voiced his concern about the staff time involved and questioned who on staff had the time to take this on. Councilmembers Duggan and Vitelli expressed their desire to know what company has a desire to expand into Mendota Heights and maybe there is some other way the city could assist with that. City Administrator Miller explained that there is no action necessary by the council at this time. Staff now has a clear sense of the concerns council has raised and there is more due diligence that needs to be done. Should this start to look like something that council might want to consider, it will be brought back for future consideration. COUNCIL COMMENTS Councilmember Povolny stated that he is happy to be on the council for a second year. Councilmember Petschel commented that she was happy to read that the fashion expert at the St. Paul Pioneer Press identified five businesses that have appeared on the metro area scene within the last year, that have been unique and very successful, included Roe Wolfe. Roe Wolfe is located in Mendota Heights Village along with several nice boutique type stores. Councilmember Duggan wished a healthy and Happy New Year to everyone. Mendota Heights City Council January 3, 2012 Page 9 Mayor Krebsbach commented that there is a great article in the Minneapolis paper about a resident of Mendota Heights who was a corporate executive and is now a yoga instructor at Core Power in St. Paul. She also commented that Green Lotus Yoga has opened and is located in the Mendota Heights Village. ADJOURN Mayor Krebsbach adjourned the meeting at 8:41 p.m. Sandie Thone City Clerk