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2008-04-15 City Council minutesApril 15, 2008 Page 1 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 15, 2008 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 7:30 o'clock p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER PLEDGE OF ALLEGIANCE AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 4 Nays: 0 Abstention: 1 (Councilmember Duggan) CONSENT CALENDAR Mayor Huber called the meeting to order at 7:30 p.m. The following members were present: Councilmembers Duggan, Krebsbach, Schneeman and Vitelli. Mayor Huber introduced Cub Scout Pack 198, who presented the flag and led the Pledge of Allegiance. Councilmember Duggan moved adoption of the revised agenda as presented. Councilmember Krebsbach seconded the motion. Councilmember Duggan moved to approve the minutes of April 1, 2008 as presented. Commissioner Schneeman seconded the motion. Councilmember Duggan moved approval of the consent calendar as presented, pulling items c, d, and j, and authorization for execution of any necessary documents contained therein. a. b. c. Acknowledgement of Mendota Heights Fire Department March 2008 Monthly Report. Acknowledgement of Minutes from the March 12, 2008 Airport Relations Commission. Acknowledgement of the Minutes from the April 8, 2008 Parks and Recreation Commission Meeting. Ayes: 5 Nays: 0 April 15, 2008 Page 2 d. Acceptance of the Workers Compensation Insurance Renewal. e. Authorization for the Mayor to Sign Contract for GASB 34 Implementation Assistance. f. Approval of Hiring Process / Job Description for Accounting Clerk. g. Approval of Altered ARC Meeting Dates. h. Approval for Sign Permit for 2360 Pilot Knob Road, Suite #300, Workflow Ones' i. Adoption of Resolution No. 08-21, "A RESOLUTION RENEWING A CONDITIONAL USE PERMIT TO LINDER'S GREENHOUSES TO OPERATE A TEMPORARY SEASONAL GARDEN CENTER IN THE PARKING LOT OF THE MENDOTA PLAZA UNDER CERTAIN CONDITIONS." j. Adoption of Resolution No. 08-22, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF $402.47 TO THE CIT OF MENDOTA HEIGHTS FOR PARK LMPROVEMENTS". k. Adoption of Resolution No. 08-23, "A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2008 STREET RECONSTRUCTION (PROJECT NO. 200802)." 1. Approval of the List of Contractors, dated April 10, 2008. m. Approval of the List of Claims, dated April 15, 2008, totaling $156,087.39. Councilmember Duggan referred to Item i. and said that Linders will be locating the garden center in a different location this year. Councilmember Duggan made a slight correction on the proposed Resolution No. 08-23 and said that the sentence should say that there be an execution of contracts, not contractors. Ms. McDermott said she made that correction after the packets went out. Councilmember Vitelli seconded the motion. Councilmember Duggan asked to have Item c pulled and referred to Page 6 of the Parks and April 15, 2008 Page 3 Recreation Commission minutes and said that the County is considering having the trail run through Mendota Plaza. Councilmember Krebsbach asked if Staff would provide any minutes from meetings that talk about this to allow the Council to further prepare for upcoming talks about Mendota Plaza redevelopment. Public Works Director Sue McDermott said Dakota County is currently preparing a letter that will be sent to City Administrator Jim Danielson to discuss this topic. Also, Mr. Singer will be at the Planning Commission meeting next week to talk about this. Councilmember Krebsbach said she would be happy to be a part of the discussions. Councilmember Kresbach referred to Page 4 which talks about landscaping along Highway 110. Councihnember Krebsbach said this is one of the last pieces to be landscaped and would like to see if landscaped from Delaware Avenue to Highway 13 as this will improve the city, and make the downtown area a much more pleasant environment. Councilmember Vitelli moved adoption of the Minutes of the April 8, 2008 Parks and Recreation Commission Meeting. Councilmember Schneeman seconded the motion. Mayor Huber asked Finance Director Kristen Schabacker to talk about the Workers' Compensation Insurance (item d). Ms. Schabacker said the policy renews on May 1 and typically, the City has chosen a retro premium, which means the premiums are based on the City's experiences. Ms. Schabacker said the 2007/2008 year had a lot of claims. Ms. Schabacker said she needs a decision from the Council if they want to remain with the retro premium, or a different premium package. Mayor Huber asked Mr. Schabacker to offer her opinion. Ms. Schabacker said she would recommend staying with the retro and if the City Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MEDAL OF HONOR April 15, 2008 Page 4 continues to have high claims this year, it would make more sense to switch to a different plan. Councilmember Schneeman said she would trust the recommendation of Ms. Schabacker. Councilmember Vitelli moved to accept the Retrospective Rates Premium Option with the minimum factor of .615% and the maximum factor of 1.30% for the Workers' Compensation renewal and accept the Accident Plan for Volunteers Basic Premium of $1,143 for the renewal period. Councilmember Schneeman seconded the motion. Councilmember Krebsbach asked to have Item j pulled and said the City received $402.47 that was facilitated by Ms. Marsha Knuth, on behalf of the Friendly Hills Civic Association, Inc. This association no longer has formal officers and has not met in many years, and has decided to donate the balance in their account to be used for park improvements in the Friendly Hills Park. Councilmember Duggan moved to approve Resolution No. 08 -22, "A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF $402.47 TO THE CITY OF MENDOTA HEIGHTS FOR PARK IMPROVEMENTS." Councilmember Schneeman seconded the motion. Mayor Huber said the Council has always talked about how proud they are of the Police Department, and asked Police Chief Mike Aschenbrener to make this presentation. Chief Aschenbrener presented the Medal of Honor to Police Officer Jeffory VonFeldt. Chief Achenbrener thanked all the other police officers for their assistance in helping Officer VonFeldt rescue a person from a vehicle fire. 2008 STREET REHABILITATION PROJECT SOMERSET PARK/ EVERGREEN KNOLL April 15, 2008 Page 5 Chief Aschenbrener reviewed the rescue and shared a photo of the vehicle, and stated that based on the recommendations of Sergeant Brian Convery, Officer Denise Urmann, and Fire Chief John Maczko it is recommended that Officer Jeffory VonFeldt be award the Medal of Honor. Mayor Huber presented the plague to Officer VonFeldt, who in turn thanked all members of the Police Department and the Fire Department for their help and support. Ms. McDermott said the purpose of this public hearing is to determine if the City wants to move forward with the plans and specifications for the street rehabilitation project in the Somerset Park and Evergreen Knoll neighborhoods. Ms. McDermott said a neighborhood meeting was recently held with 8 residents in attendance. Ms. McDermott said it is typical each year to do a mil and overlay project which consists of milling the edge of the pavement next to the gutter and placing a 2 inch overlay over the top of the existing pavement. The streets in this neighborhood are in desperate need of repairs, and staff feels this project would enhance the neighborhood. In addition to fixing the surface of the street, any broken curb and gutter will be repaired. Ms. McDermott said the cost of the project is estimated at $531,204. The construction cost is about $443,670 and the remainder of the indirect costs for engineering is about $88,534. Funding sources per the City's assessment policy will put 50% of the cost to the residents (bituminous surfacing). Concrete curb and gutter will be paid out of the general tax levy along with the remainder 50 %. Ms. McDermott said all properties that access these streets will be assessed on a per unit basis. The assessable street costs are $327,410 and one half of that, $153,705, would be divided up by 150 units for an estimate of $1,091 per unit. April 15, 2008 Page 6 Ms. McDermott reviewed the construction schedule and said the plans and specifications will be coming back to the Council in May for approval and authorization to bid. Ms. McDermott said bids will be opened in May and award the contract in June, giving the contractor the entire summer to complete this project, however, it is anticipated this will only take a month. The assessment hearing will be held in the fall after the project is completed. At that time, adjustments can be made to calculations of assessments. Staff recommends moving forward, approving preparation of plans and specifications. Councilmember Kresbach asked if, based on the drop in construction, the City will anticipate a lower bid. Ms. McDermott said that was not taken into account when working the numbers, but as open bids carne in on the 2008 Street Reconstruction project, they were about $200,000 less than the engineer's estimates. Ms. McDermott said the City could see a lower price. Mayor Huber asked how the assessments will be looked at for the Par 3 golf course. Ms. McDermott said she believes they will have to be looked at differently, and suggested a formula to see how many "units" could be placed along the frontage of this property, and charge assessments accordingly. Mayor Huber opened the public hearing and asked for questions and comments from the audience. Mr. Steve Antonello, 825 Deer Trail Point, said his main concern is the quality of the work as the last time the streets were redone, the contractor did an awful job. Mr. Antonello said he does not mind paying the assessment, and wants a contractor that is not necessarily the low bidder, but one that does a good job. Mr. Antonello said that the materials used the last time were splattered on the concrete gutters and he would like to see that cleaned up. Mayor Huber spoke about the process that had been done, and that the City would not do that again. The residents were not assessed for this work. April 15, 2008 Page 7 Ms. McDermott said she will work with the residents to look at the curb and gutter damage. Mr. John Hartman, 812 Deer Trail Point, said he had a concern that when the Deer Trail Point and Deer Trail Court were constructed, Wachtler was already paved. Mr. Hartman said when the sewer was connected, particularly at Deer Trail Court and Wachtler, the street had to be tom up and was never appropriately repaired. There are a lot of sinkholes and attention needs to be paid to that area. Ms. McDermott said in areas such as this, more work is done by digging up the asphalt and regarding the soil. Mr. Greg Quehl, 762 Evergreen Knoll, said the former milling occurred along the curb and not in the center of the street. Ms. McDermott said that was correct. Mr. Quehl said he is concerned about the elevation around the manholes. Ms. McDermott explained how manholes areas were constructed, and Mr. Danielson said they need to make sure the manhole areas are done appropriately to avoid snow plowing problems. Mr. Quehl said he is concerned about all the landscaping done along Highway 35 and it looks nice at first, but afterward, are neglected. Mr. Don Peterson, 790 Evergreen Knoll, said he is in support of this project. Councilmember Vitelli moved to close the public hearing. Councilmember Duggan seconded the motion. Councilmember Duggan moved adoption of Resolution No. 08 -24, "A RESOLUTION ORDERING OF IMPROVEMENT PROJECT AND PREPARATION OF PLANS AND SPECIFICATIONS TO SOMERSET PARK / EVERGREEN KNOLL." Councilmember Vitelli seconded the motion. April 15, 2008 Page 8 BID AWARD: HIDDEN CREEK SEWER Ms. McDermott said Staff received a request from SEWER AND WATER EXTENSION the residents at 1698 Dodd Road for a sewer and water main extension through the Hidden Creek development. Ms. McDeunott said the City received four proposals to do this work. The low bid was received from Gartzke Construction in the amount of $48,350 and staff would like to proceed with construction. The property owners have signed a waiver of appeal of special assessments and are aware that they will be paying approximately $33,000 for this work. The remainder of the cost of the work would be assessed to homeowners in the area as they connect to that line. Staff has already received interest expressed by one other homeowner in that area. Ayes: 5 Nays: 0 PAR 3 ANNUAL REPORT Staff recommends awarding the bid to Gartzke Construction. Councilmember Vitelli moved adoption of Resolution No. 08 -25, "A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR HIDDEN CREEK SANITARY SEWER AND WATER MAIN EXTENSION (PROJECT NO. 2008-12)." Councilmember Schneeman seconded the motion. Assistant to the City Administrator Jake Sedlacek reviewed the Annual Report for 2007 for the Par 3 Golf Course. Mr. Sedlacek said staff had hoped for a $30,000 net revenue over expenditures and the course has done well with $38,000. Mr. Sedlacek said operations are administered as an enterprise fund which is overseen by the City Administrator. Mr. Sedlacek reviewed the fee structure and talked about tee times and schedules. Mayor Huber commended Mr. Sedlacek on the good work. Councilmember Schneeman said there was never a policy and procedure manual before and asked if April 15, 2008 Page 9 one can now be obtained at City Hall. Mr. Sedlacek said that was correct. Councilmember Duggan said he had a conversation with the former sports director of Sibley High School and talked about the possibility of providing more opportunities for children, i.e., providing lower rates, family packs, and other money saving programs. Councilmember Krebsbach asked if the schedules were posted on the website. Mr. Sedlacek said they were not, but staff will work on putting this information on the website. Councilmember Schneeman said Councilmember Duggan'. s comments should be forwarded to Richard Spicer and his committee. Councilmember Vitelli complimented Mr. Sedlacek on an excellent report and emphasized to the residents that the golf course profited $38,000. Councilmember Vitelli said he suggested the Policy and Procedures and was glad to see this put together so quickly. Councilmember Vitelli said he is confident that that cash management was handled properly. Councilmember Vitelli asked if the profit will go into a fund to pay for future maintenance. Ms. Schabacker said the Par 3 is set up with its own business type fund and all activities are separate from the City's activities. Councilmember Duggan referred to the City's logo on the golf ball that is shown on the cover of the Annual Report, and suggested the City invest in promotional items to sell at the golf course. FIRE TRAINING OPPORTUNITIES Fire Chief John Maczko and Training Coordinator Dave Dreelan explained the process and purpose of live bums in vacant homes used for training of their firefighters. Chief Maczko said Dodge Nature Center currently has two homes that they have offered to the Fire Department to use as training sites. April 15, 2008 Page 10 Chief Maczko said there is a third home on Delaware that is available, this one not being associated with the Dodge Nature Center. These burns are done mostly internally and the home will then be destroyed in the usual manner. Chief Maczko said the fire department had previously been doing their training in Burnsville, which is costly and takes their trucks and firefighters out of the city for a considerable period of tune. Chief Maczko and Officer Dreelan explained how they go door to door to the neighbors to let them know what is going on. At any time there is opposition by neighbors, the burns will not take place. Permits must be obtained by the DNR and the Pollution Control Agency and that work in currently in progress. Councilmember Schneeman said the fire department previously burned a home on Wentworth and no one even knew this was going on. Councilmember Vitelli said he supports this activity. Mayor Huber said he has no problem with this, but had some concerns about the home on Delaware, and asked if the neighbors were spoken to about this. Officer Dreelan said they have not done that yet, as there are still some issues with the removal of asbestos. Officer Dreelan said the practice is to send out letters signed by him and the Fire Chief, and take these letters door to door, answering questions as he goes along. Officer Dreelan said this fire drill is all predicated on the wind conditions. If any of the neighbors are planning outside events, such as family barbeques, then the drill will be postponed. Ayes: 5 Nays: 0 CITY COUNCIL MEETING TIME April 15, 2008 Page 11 Mayor Huber asked which neighbors will be notified. Officer Dreelan explained which homes would be notified, and said notice goes out to anyone he believes will be affected. Residents are left with cell phone numbers to contact with any other concerns and questions. Councihnember Krebsbach asked that the Council be informed of any resident that is in opposition. Chief Maczko said the fire department does not want to bring bad public relations to the fire department because of this and it has worked out well in the past. Officer Dreelan said the neighbors are invited to come and watch the fire fighters if they so desire. Councilmember Krebsbach said there was a recent fire on Culligan Lane, where she lives. Councilmember Krebsbach said the fire department did an outstanding job and kept the fire to a minimum. Councilmember Krebsbach said she would like to note at this point that Kathryn Conley is the one who spotted the fire. Councilmember Krebsbach said the neighbors felt very protected from the fire which is a very important aspect of the training. Councilmember Vitelli moved to approve the fire burn training as presented. Councilmember Schneeman seconded the motion. Councilmember Schneeman said she recently received agendas for 27 local government meetings and school district meetings, and out of the 27 meetings, only 3 started at 7:30 p.m. Councilmember Schneeman recommended that the City Council change its meeting starting time to 7:00 p.m. Councilmember Schneeman said many of the staff members live quite a distance from the city and therefore do not go home before the meeting. Councilmember Duggan said the meetings are a way for the public to attend. Councilmember April 15, 2008 Page 12 Duggan said he is not against the earlier start, but a lot of residents are professionals that may have challenges to get to the City Hall on time. Mayor Huber said there are also times when children are in the audience, and can't stay late when the meetings run late. Councilmember Schneeman said there have been many times the meetings have gone past 10:30 pm, and a lot of people also have babysitters. Councilmember Krebsbach suggested the City get some press coverage and not make a decision tonight in case residents object. Councilmember Schneeman said she would like to make this decision tonight and have notice of the change put in the Highlites. Mayor Huber suggested that when staff puts applications on the agenda, in the order that they normally do, and check with the first applicant on the agenda and ask if they will make the 7:00 start time, and if not, put them further down the line of the agenda. Councilmember Duggan said someone should also ask the Cable Commission if they can have a person available at that time. Mr. Danielson said he thinks they would be fine with this. Councihneinber Vitelli moved adoption of Resolution No. 08 -26, `RESOLUTION ESTABLISHING COMMENCEMENT TIME FOR CITY COUNCIL MEETINGS," changing the starting time of the City Council meetings to 7:00 p.m., beginning on July 1. Councilmember Schneeman seconded the motion. Ayes: 5 Nays: 0 COUNCIL COMMENTS Mayor Huber said he will not be present at the first meeting in June. April 15, 2008 Page 13 Mayor Huber said the Mendota Heights Annual Clean Up Day is scheduled for Saturday, May 3 from 8:00 am to 2:00 pm. Mr. Sedlacek said residents need to have proper ID and there is a nominal fee. Residents looking to dispose of hazardous materials will be directed to go the Dakota County Eco Site. Mayor Huber said he had the pleasure of making a presentation at a symposium at the University of Minnesota put on by the School of Design. Mayor Huber said he was asked to make a presentation on the City's role of preserving Pilot Knob. Mayor Huber thanked Staff for their assistance in preparing for this meeting, and said this was an extremely touching outpouring of warmth and appreciation from the people in attendance that day on what the community did. Mayor Huber said he had people from Canada and Nova Scotia approach him and say how proud they are that the City of Mendota Heights did what they did. Councilmember Vitelli spoke about his recent ride along with the Police Department, and was very impressed by the skills and knowledge that the police officers have in dealing with all kinds of situations. Councilmember Vitelli talked about the computer systems in the squad cars and how officers can quickly access information. Councilmember Schneeman said the tennis courts are open. Councilmember Krebsbach suggested that a letter be sent acknowledging Kathryn Conley for the early detection of the fire on Culligan Lane. Mayor Huber asked Staff to prepare the letter. Councilmember Duggan said he as he was out and about the city, he noticed people cleaning up and is pleased that this is being done. Councilmember Duggan said Bob Kowalski is working with Blaine Kuhns and the Great Mississippi River Wine and Dining Rendezvous on September 7th. ADJOURN Ayes: 5 Nays: 0 ATTEST: April 15, 2008 Page 14 There being no further business to come before the Council, Councilmember Krebsbach moved to adjourn the meeting. Councilmember Vitelli seconded the motion. Time of Adjournment 9:00 p.m. Rebecca Shaffer Recording Secretary John J. Hube Mayor