Loading...
2013-05-21 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 21, 2013 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 Norton. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach moved to add Item 7 Presentations, Tornado Precautions to the agenda and presented the agenda for adoption. Councilmember Norton 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 E) Approve Resolution 2013 -35, Recognition of National Public Works Week; K) Approve Resolution 2013 -34, Fire Station Lightning Protection System Donation; L) Approval of Construction and Geotechnical Services Contracts for 2013 Street Projects; and M) Approval of City Attorney Contract a. Acknowledgement of May 7, 2013 City Council Minutes i. Mayor Krebsbach noted that the meeting started at 7:08 p.m. as the Council had been convened in a prior workshop session to interview the potential City Attorney Councilmember Duggan moved to approve the amended minutes. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 (Petschel) b. Acknowledgement of May 7, 2013 City Council Workshop Minutes c. Acknowledgement of May 9, 2013 City Council Workshop Minutes May 21, 201 3Mendota Heights City Council Page I d. Acknowledgement of May 14, 2013 Parks and Recreation Commission Minutes e. Approve Resolution 2013 -35, Recognition of National Public Works Week f. Receipt of April 2013 Fire Synopsis Report g. Approval of Personnel Action Report h. Approval of Fire Department Out -of -State Travel Request i. Approve Resolution 2013 -36, Consenting to Issuance of Revenue Refunding Bonds by the Dakota County Community Development Agency for Dakota Communities, Inc. j. Approval of Health Care Savings Plan for Non -Union Employees k. Approve Resolution 2013 -34, Fire Station Lightning Protection System Donation 1. Approval of Construction and Geotechnical Services Contracts for 2013 Street Projects m. Approval of City Attorney Contract n. Receipt of April Treasurers Report o. Approval of Contractor List p. Approval of Claims List Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Abstain: 1 (Councilmember Petschel abstained from Item 6b) PULLED CONSENT AGENDA ITEMS E) APPROVE RESOLUTION 2013-35, RECOGNITION OF NATIONAL PUBLIC WORKS WEEK Public Works Director/City Engineer John Mazzitello explained that each year the American Public Works Association designates the third week in May as National Public Works Week. The theme for this year's recognition week is "Because of Public Works". National Public Works Week is a time for public officials and residents to say thank-you to the public works staff who help to keep the quality-of- life healthy and vibrant in our communities. Councilmember Duggan moved adoption of RESOLUTION 2013-35 RECOGNIZING NATIONAL PUBLIC WORKS WEEK AS THE WEEK OF MAY 19, 2013 THROUGH MAY 25, 2013 Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVE RESOLUTION 2013-34, FIRE STATION LIGHTNING PROTECTION SYSTEM DONATION Councilmember Duggan acknowledged the gift to the Mendota Heights Fire Station from Thompson Lightning Protection Inc. of Lilydale and the Lightning Protection Institute. He suggested the City have a plaque installed in the fire department indicating receipt of the donation. Mayor Krebsbach noted the recommendation to permanently acknowledge the gift in the fire hall. Councilmember Petschel stated she found it interesting that the Lightning Protection Institute identified high risk lightning regions in the United States as Chicago, Minnesota, Dallas, and Toledo. May 21, 2013Mendota Heights City Council Page 2 Councilmember Duggan moved to adopt Resolution 2013 -34 Accepting Gifts for the Mendota Heights Fire Station from Thompson Lightning Protection Inc. of Lilydale and the Lightning Protection Institute. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 L) APPROVAL OF CONSTRUCTION AND GEOTECHNICAL SERVICES CONTRACTS FOR 2013 STREET PROJECTS City Engineer John Mazzitello stated that this is an authorization to award a contract for survey staking and soil testing for the Hunter Lane / Orchard Place Reconstruction Project as well as the Crown Point and Overlook Rehabilitation Project. These costs were built into the project estimates and the feasibility study and they came in under the original estimate. Mayor Krebsbach asked if this is something that is typically done each year. City Engineer Mazzitello replied that typically the geotechnical services — being technical in nature and needing a laboratory to analyze soils — are done with each contract. The survey staking is often done in -house but this year it was decided to contract out these services for the Hunter /Orchard project due to the full workload for the year. Councilmember Norton moved to approve and authorize staff to sign the proposal from Bolton and Menlo, Inc. for construction services in an amount not to exceed $12,190.00 and authorize staff to sign the proposal from Northern Technologies, Inc. for geotechnical services in an amount not to exceed $10,675.00. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 M) APPROVAL OF CITY ATTORNEY CONTRACT Mayor Krebsbach commended City Attorney Tarn Diehm and her firm for the services provided to the City. Mayor Krebsbach stated that the City has had a long standing relationship with Winthrop and Weinstine; however, they have chosen to reduce their municipal practice work. The Council solicited proposals for City Attorney and received 10 proposals. City Administrator Justin Miller stated that at the workshop meeting prior to the last Council meeting, the Council interviewed three firms. The Council selected the law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P., more commonly known as Eckberg Lammers, to serve as Mendota Heights' city attorney. The law firm has appointed Thomas R. Lehrnann to be the attorney to represent the City as its civil attorney. City Administrator Miller reviewed the proposed contract. The contract is for three - years, through 2016; however, either party can terminate with 90 days' notice. The contract also designates Andrew J. Pratt as the Assistant City Attorney in the case that Mr. Lehmann cannot be there. May 21, 2013Mendota Heights City Council Page 3 As this firm also represents the City of Lilydale and the City of Mendota, prior discussion had occurred on how to handle any conflict of interest issues, should they arise. City Administrator Miller explained that if the City of Mendota Heights or Mr. Lehmann feels there is a conflict, the City of Mendota Heights will fmd alternate counsel and Mr. Lehmann would recuse himself from any of those discussions. Mayor Krebsbach asked City Attorney Diehm if she would be available should this occasion ever arise. City Attorney Diehm stated that she would be available. Councilmember Duggan made note of items A2, C 1 , C3 as needing some word editing. City Administrator Justin Miller agreed to edit item A2 as follows: 'Review and advice shall make reference to existing and new legislation but also City- initiated methods of sharing or eliminating costs'. Councilmember Duggan stated that he was fine with the language in Cl and C3. He just wanted to make note of his opinion that some of the legalese is unnecessary. Councilmember Duggan then asked Mayor Krebsbach her thoughts on item C4.3 'Attorney /Client Privilege: The Law Firm is authorized to utilize e—mail without encryption to transmit and receive confidential client information. The City specifically acknowledges that it understands the confidentiality risks associated with inadvertent interception of such information.' City Attorney Tami Diehm explained that this reference is an acknowledgement on the City's part that the law firm would be transmitting email without encrypting the email, which is standard practice and also the way in which her law firm had been communicating with the City. Councilmember Povolny moved to approve the Contract for Civil Legal Services with the law firm of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. with the one edit noted. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach noted that City Attorney Tami Diehm would be continuing her services through the first meeting in June 2013. PUBLIC COMMENTS There were no public comments PRESENTATION A) TORNADO PRECAUTIONS Mayor Krebsbach extended sympathies and thoughts to the victims and families of the recent tornadoes in Moore, Oklahoma. She also mentioned that this topic was to be added to the first Council meeting in June but moved it up in light of those recent events. Chief of Police Michael Aschenbrener explained that two weeks ago was Severe Weather Awareness Week. There was a lot of storm activity in 2012 and he recognized the Public Works Department for carrying the brunt of the load involved in the cleanup. May 21, 20I3Mendota Heights City Council Page 4 Chief Aschenbrener noted the warning sirens mean that people should take shelter in a safe location. He also explained that residents inside their homes may not hear the sirens. They should have a weather radio on so they can receive up -to- the - minute weather reports and warnings. A resident can go to www.ready.gov or search the internet for "Minnesota Storm Awareness" for information on how to prepare for severe weather. Councilmember Petschel asked for confirmation that the siren system, which used to be an all- county warning system, has been split into three quadrants so now the sirens are activated specific to a quadrant. Chief Aschenbrener confirmed that was true until a couple of years ago. However, the weather service now has the capacity to activate the sirens in specific cities. They are working towards the goal of being able to only activate the sirens in specific areas rather than city -wide. Councilmember Duggan asked if the information shared today would be available on the City's website. Chief Aschenbrener replied that this information was posted during Severe Weather Awareness Week and is still posted today. UNFINISHED AND NEW BUSINESS A) ORDINANCE 451 PERMITTING ELECTRIC BOAT MOTORS ON ROGERS LAKE Assistant to the City Administrator Jake Sedlacek explained that currently Title 6, Chapter 6 of the City Code prohibits motor boats of any sort on any water body in the City of Mendota Heights. In the fall of 2012, the Rogers Lake Homeowners Association came before the City Council and requested permission to use motor boats with an electric motor on a temporary basis. At that time, the Council asked the Association to further develop their idea and to receive more public feedback. Representatives from the Rogers Lake Homeowners Association were in attendance and have again requested a temporary trial basis for utilizing electric motors on Rogers Lake, just on the portion south of Wagon Wheel Trail. This is a stand -alone ordinance and would not change the City Code at this time. The ordinance would be in effect until it expires on December 31, 2013. The reason staff used this approach is it gives them an opportunity to take a look at how this works for one season and to determine if it could become a budgetary issue or personnel issue for staff. If the City would choose to allow electric motors on Rogers Lake in future years, the Council would then adopt an ordinance which would amend the code. This item was heard by the Parks and Recreation Commission and they recommended granting the request on a trial basis for 2013. Sedlacek explained that the ordinance would allow electric motorized boats on Rogers Lake, south of Wagon Wheel Trail. The conditions are as follows: 1. The boat must be 14 feet or less in length 2. The motor strength must be 48 pounds of thrust (or equivalent to five horsepower) or less 3. The boat must be operated at "slow no wake" speed 4. Hours of operation for electric motors are sunrise to sunset May 21, 2013Mendota Heights City Council Page 5 Mr. Tim Carlson of Rogers Lake Homeo-wners Association explained that they had a lot of discussion on this subject and it was almost unanimously approved by the association. The association feels that they have arrived at a reasonable, responsible, and enforceable ordinance that would promote healthy recreational use of the only lake designated for recreational use in the City. Mayor Krebsbach asked how they anticipate that the Council would determine that the temporary ordinance has been effective. Mr. Carlson replied that it would be based on quantity and types of complaints, if any. Councilmember Povolny asked about signs. Mr. Carlson answered that the association would provide the signs, putting one sign at Rogers Lake Park near the pier. There is a sign already there that explains the Catch and Release program that the DNR promotes. Mayor Krebsbach commented that the reason this was tabled before is the challenge in enforcing it and that the City would need the assistance of the residents to make this work. Mr. Carlson replied that everyone on the south side of Rogers Lake has agreed to help with enforcement as it would be in their best interest to do so. Councilmember Povolny asked if more signs would be appropriate — one over by St. Thomas at the end of Lake Drive and wherever someone might try to launch a boat. Mr. Carlson said the association would look at their funding to provide additional signage. Councilmember Petschel suggested that to truly make this a one year test, which would include a fishing opener and the water quality testing by St. Thomas — the trial period be from May 31, 2013 to May 31, 2014. Councilmember Duggan asked if electric motors were quiet. Mr. Carlson replied that they are basically inaudible to anyone who is not right next to it. Councilmember Duggan then asked about trolling motors. Mr. Carlson explained that a trolling motor is similar to an electric motor. Councilmember Duggan stated that he would like to see the City designate the legal or appropriate launch area(s) with signs and see the City contribute one sign, even though the association agreed to pay for the signage. He also feels that the City should have the overall oversight of the signs and where they go. Councilmember Duggan asked if too many boats on the lake could become a problem. Mr. Carlson replied that he personally did not feel that would be a problem. Mayor Krebsbach stated that a full one year trial period would not only give the City an idea of whether or not this would work, but the local residents as well. She also suggested extending the trial period to May 31, 2014. A second resident stated that everyone in attendance with the homeowners association was in favor of the ordinance. It was the consensus of the Council that the City should fund one of the signs and the signs should look similar to other City signage. May 21, 2013Mendota Heights City Council Page 6 Councilmember Duggan moved to adopt ORDINANCE 451, AN ORDINANCE ALLOWING ELECTRIC BOAT MOTORS ON ROGERS LAKE subject to the following conditions: 1. The boat must be 14 feet or less in length 2. The motor strength must be 48 pounds of thrust (or equivalent to five horsepower) or less 3. The boat must be operated at "slow no wake" speed 4. Hours of operation for electric motors are sunrise to sunset with the effective dates being May 31, 2013 to May 31, 2014. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 B) AMENDMENT TO 2013 -2017 STREET IMPROVEMENT PLAN City Engineer John Mazzitello explained that the City's Street Improvement Plan identifies street improvement projects over the course of the next five years. In the recent months, staff has received requests from the residents of the Walsh Lane/Strafford Road neighborhood to advance their project by one year. They are currently scheduled as a rehabilitation project in 2015. Because staff had a number of verbal requests, they sent out a survey to all of the property owners that would be impacted by the project and asked whether they favored the project to be advanced to 2014 or whether it should remain in 2015. The results of the survey are as follows: • 67 surveys sent, 44 returned (66 %) • Of 44 surveys returned, 26 (59 %) favored 2014 construction Staff took a look at the street improvement plan and the rehabilitation projects scheduled for 2014 and 2015. The current 2014 rehabilitation project is the Centre Pointe Business Park and Commerce Drive in the industrial park. Staff determined that the Walsh Lane/Stratford Road pavement condition is in worse condition than Centre Pointe and Commerce Drive. If the projects were flipped, the total expenditure expected for 2014 would go down by $550,000 and the 2015 proposed expenditure would increase by $550,000. Staff recommended approval of the amendment to the street improvement plan to move the Walsh Lane/Strafford Road Neighborhood Rehabilitation Project forward to 2014; and move the Centre Pointe & Commerce Drive Rehabilitation Project back to 2015. Mayor Krebsbach suggested that staff confer with the property owners of Centre Pointe and Commerce Drive about the one year delay of the project. City Engineer Mazzitello stated that staff did review the developers agreements for the two business parks and there is nothing mentioned as to a timeframe of when rehabilitation project would be executed by the City. Mazzitello stated that staff would contact the property owners. Councilmember Petschel commented that Council has moved projects around in terms of their priority in the past and it has always been based on resident input. Councilmember Povolny stated that he has walked that neighborhood and the condition of the roads are very bad, probably some of the worst. May 21, 2013Mendota Heights City Council Page 7 Mayor Krrebsbach stated that, in regards to Victoria Road, she would like at some point for Council to have a more thorough discussion of that in terms of how it would be assessed as it is a major project. City Engineer Mazzitello answered that staff would be starting the feasibility report process on the 2014 projects, which would be whatever rehabilitation project is left in 2014 along with Victoria Road, in the coming months. Councilmember Norton moved to approve the proposed amendment to the Street Improvement Plan moving the Walsh Lane Neighborhood Rehabilitation project forward to 2014, and moving the Centre Pointe & Commerce Drive Rehabilitation project to 2015. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 C) MENDAKOTA PARK PLAYGROUND REFURBISHING Assistant to the City Administrator Jake Sedlacek stated the Mendakota Park play structure is showing signs of age. It is structurally sound; however, there are a number of safety issues that should be addressed along with general maintenance and appearance of the playground. The Parks Commission has discussed this project at length and looked at all options. The refurbishment, which they are recommending, is estimated to cost $70,000. Refurbishment would include stripping it down to the basic structure, repainting all of the posts, replacing any of the clamps that would attach fixtures onto the posts, and then sandblasting and repainting of any deck on the structure. Also, based on current safety guidelines, entrance areas would now be enclosed. Some of the play elements are outdated or beyond maintenance and those would be replaced. The quote for this refurbishment in the amount of $70,400 is from Landscape Structures, Inc. which is certified under the State of Minnesota Cooperative Pricing Venture. Because this is a refurbishment of the playground, the City is allowed to keep the current surfacing material which is pea gravel. A quote was received for replacing the playground surfacing material with an engineered wood fiber in the amount of $9,816.63. This is not a budgeted expense. Mayor Krebsbach asked for confirmation that the posts are sturdy and will remain and everything else would be taken off of the posts. Assistant to the City Administrator Sedlacek confinned that this is correct. Councilmember Povolny asked if the repainting of the pieces would be done in the park or taken elsewhere. Sedlacek replied that all of the work is intended to be completed on site. Councilmember Duggan asked if any hazardous materials would be used during the sand blasting that could be a potential problem with winds blowing, etc. or would this be contained by the company. Sedlacek answered that this has been done in other communities and they have addressed those issues. May 21, 2013Mendota Heights City Council Page 8 Councilmember Duggan asked about the life expectancy of the refurbished equipment. Sedlacek replied that this product has lasted the City since 1991 and the refurbishment is anticipated to last another twenty or twenty -five years. Councilmember Duggan asked if there were any records of injury due to the current play surface. Sedlacek replied that there may have been some just in general but the City has not received any insurance claims on any of its playgrounds. Councilmember Povolny asked what kind of paint warranty is being provided. Sedlacek answered that the vendor feels that the product they would be using is better than the factory. It would be warrantied as a new structure would be. Councilmember Duggan suggested that this decision be tabled until the warranty and life expectancy information could be provided in more detail. Councilmember Petschel stated she would be interested in finding out how the City would pay for the engineered wood fiber surfacing. Councilmember Petschel expressed concern that the Special Parks Fund is being depleted and that the City needs to look at alternative forms of funding. Councilmember Norton asked about the engineered wood fiber. Assistant City Administrator Sedlacek explained that it is a chemically treated wood product that does not have the sharp barbs or edges. It would be soft enough for people to land on and not get hurt. Mayor Krebsbach directed staff to come back to the next Council meeting with the following information: • The type of paint that would be used on the posts and the warranty of that product • Would the painting be done in place or elsewhere • Recommendations for funding the engineered wood fiber D) CONSIDERATION OF REQUEST FROM THE MENDOTA HEIGHTS ATHLETIC ASSOCIATION RELATING TO FIELD IMPROVEMENTS AT VICTORIA HIGHLANDS PARK Assistant to the City Administrator Jake Sedlacek explained that Mendota Heights Athletic Association (MHAA) has expressed a need for additional facilities for baseball. The City currently has only one baseball facility that is shared by three different teams. The athletic association worked with staff to identify potential sites where they might be able to locate a baseball only facility. Victoria Highlands Park was identified as a potential site for a baseball only facility. The association is looking to create a field similar to the one at Civic Center that would have a larger backstop, covered dugout areas, batting cages, eventually a grass infield, and an improved outfield fence. The Parks and Recreation Commission discussed this and their general feedback on the use as a baseball field was positive, based upon staff analysis that it would not have a negative impact on other users. Staff does not feel this use would harm other groups. The park would still be available as a multi -use space in the spring and fall seasons for football or soccer practices. May 21, 2013Mendota Heights City Council Page 9 Staff has met with MHAA and viewed plans for the field. Staff is comfortable with the plans that they provided. The City would retain ownership of the field and is the City's maintenance and insurance responsibility. The question before the Council is whether or not they are supportive of allowing a baseball only use on this facility. Staff would anticipate that MHAA would make a request for a portion of the funding for the proj ect. Mayor Krebsbach asked if there was adequate parking available at the park. Assistant to the City Administrator Sedlacek replied that the parking at Victoria Highland Park is either a six or an eight car lot. There would be parking along Diane Road as there is now. Staff has not made any recommendation on the parking but does recognize that it would likely draw larger crowds. Mayor Krebsbach questioned if there are enough fields for softball. Assistant to the City Administrator Sedlacek replied that right now there are enough fields for softball. Councilmember Duggan expressed concerns on parking needs. He also expressed a desire for quality fencing between the homes and the park. He expressed a desire to know if there is any relationship between the City's $10,000 annual contribution to MHAA and the costs that could be associated with this project. Councilmember Povolny noted that residents living in Mendota, Lilydale, Inver Grove Heights, Sunfish Lake, West St. Paul, Eagan, and Mendota Heights can play MHAA baseball. However, he does not see any of these other cities contributing anything towards the MHAA association. Mendota Heights also donates the use of the fields and the city staff to maintain the fields. His other concerns were the cost to install irrigation and electricity to the field. He feels the site would have a lot of issues with cars parking on the curved road and the additional noise to the neighborhood. Representatives from MHAA answered the questions and concerns raised. MHAA uses the field today for their younger players — nine and ten year old in -house program. He confirmed that a majority of the kids in the programs are from Mendota Heights. Representative from MHAA stated that the rules are based on the Metro Baseball League Rules that allow kids who attend school in the district to play on the association teams. Mayor Krebsbach recommended that this item be tabled so that MHAA can provide the actual proposal and estimates for what the costs might be. She directed staff to provide information on the fields available in the City and what their current uses are. She asked for information to be provided on the percentage of kids from other cities in the school district that participate in these programs. It was the consensus of the Council to table this item to a future meeting. COMMUNITY ANNOUNCEMENTS Assistant City Administrator Jake Sedlacek listed the following upcoming events: • Parks Celebration is Saturday, June 1, with the Annual Run/Walk starting at 9:00 a.m. More Parks Celebration activities will be held at Mendakota Park from 11:00 to 2:00. A band will play at Market Square Park the evening before. May 21, 2013Mendota Heights City Council Page 10 • Summer Playground Programs (tennis, golf), will be starting on June 10. • Performances in the Parks will be held most Thursday evenings at the Village at Market Square. • "The Teddy Bear Plant Band" will be playing on June 12 at Henry Sibley Assistant City Administrator Sedlacek also provided information on the services and programs offered by the Dakota County Community Development Agency (CDA). More information can be found at www.dakotacda.org. COUNCIL COMMENTS Councilmember Norton stated that he is very happy with the good weather and has been out and about in the City. Councilmember Petschel commented that she attended the Airport Noise Oversight Committee meeting last week and heard that the FAA is still scheduled to implement RNAV arrivals in July 2014 and departures in September of 2014; however, the FAA locally and nationally has been involved in a prolonged safety evaluation process on Area Navigation. Currently, the FAA is taking a prolonged look at that safety aspect. Councilmember Duggan wished the graduating class members success in their future studies and endeavors and asked that they celebrate responsibly. He also noted a passage in the Mendota Heights Patch today about bringing community sustainability to life; highlighting the portion about there being a strong correlation between communities that support smaller locally owned businesses and a better quality of life. He encouraged residents to shop locally. Mayor Krebsbach expressed her appreciation to the Mendota Heights Garden Club for donating apple trees to the front lawn at City Hall. She wished everyone a safe and enjoyable Memorial Weekend. She also congratulated the graduates and wished the other school children a wonderful summer. ADJOURN Councilmember Duggan moved to adjourn the meeting. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:55 p. ATTEST: Lorri Smith City Clerk May 21, 2013Mendota Heights City Council Sandra Krebsbach Mayor Page 11