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2013-06-18 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 18, 2013 Pursuant to due call and notice, 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. Mayor Krebsbach noted that City Administrator Justin Miller was absent and Public Works Director /City Engineer John Mazzitello would be serving as Acting City Administrator for this meeting. City Attorney Tom Lehmann was also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Krebsbach presented the agenda for adoption. Councilmember Duggan moved adoption of the agenda. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Norton moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items D) Approve Cancellation of July 2, 2013 City Council Meeting, F) Approval of Staff Reorganization Plan, G) Approval of Resolution 2013 -39 Accepting Donations to Parks Celebration and 5K Race, L) Receipt of May Par 3 Report, and Q) Approval of Claims List a. Acknowledgement of June 4, 2013 City Council Minutes b. Acknowledgement of June 12, 2013 Airport Relations Commission Minutes c. Acknowledgement of June 11, 2013 Parks and Recreation Commission Minutes d. Approve Cancellation of July 2, 2013 City Council Meeting e. Approval of Out -of -State Travel Request for City Administrator f. Approval of Staff Reorganization Plan g. Approval of Resolution 2013 -39 Accepting Donations to Parks Celebration and 5K Race h. Approval of Personnel Action Report i. Approval of Massage License Renewals j. Approval of Mendota Heights Par 3 Maintenance Contract k. Receipt of May Fire Department Synopsis Report 1. Receipt of May Par 3 Report m. Appointment of Interim Building Official n. Approval of Resolution 2013 -40 Approval of Plans and Specifications and Authorize Advertisement for Bids for Sanitary Sewer Rehabilitation/Lining Project o. Approval of Resolution 2013 -41 Accept Bids and Award Contract, 2013 Sanitary Sewer Cleaning and Televising Project p. Authorization to Provide Surveying and Geotechnical Services for Victoria Road and Rolling Green Neighborhood Improvements q. Approval of Claims List r. Acknowledge May 2013 Treasurer's Report s. Approval of Contractor List Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS D) APPROVE CANCELLATION OF JULY 2, 2013 CITY COUNCIL MEETING Mayor Krebsbach explained that due to a light agenda and the possibility of some Councilmembers being absent, the July 2, 2013 City Council Meeting is proposed to be cancelled. Therefore, the next City Council meeting would be held on July 16, 2013. Public Works Director /City Engineer John Mazzitello noted that there may be three planning cases coming out of the June 25, 2013 Planning Commission meeting. The applicants will be informed of the meeting change, and if the delay is problem for the applicants, a special meeting could be held with a three day notice to the public. City Attorney Lehmann confirmed the three day notice requirement. Councilmember Duggan asked if there would be any problems with the 60 days rule, where an action must be decided within 60 days of the presentation. Mazzitello replied the 60 day rule would not be broken. Councilmember Petschel moved to cancel the regularly scheduled City Council Meeting of July 2, 2013 pending advice from the Planning Commission that with the appropriate notice a special meeting be held to accommodate planning schedules. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 F) APPROVAL OF STAFF REORGANIZATION PLAN Mayor Krebsbach explained that with the departure of Assistant to the City Administrator Jake Sedlacek, City Administrator Justin Miller has made the following recommendations: June 18, 2013 Mendota Heights City Council Page 2 1. Ms. Tamara Schutta be appointed to the Assistant to the City Administrator position, taking on several of the duties Mr. Sedlacek had been handling (i.e. Friday News and other communications, contract management, and other special projects as they arise), and continue to manage the city's human resources duties 2. Hire a staff person to a position focused more on the planning and zoning activities (both administrative and those that go to the planning commission), recycling duties, and code enforcement 3. The parks and recreation duties be transitioned to Recreation Program Coordinator Sloan Wallgren City Engineer John Mazzitello stated that even though he has been with the City a short amount of time, Mr. Wallgren appears to be a very eager and is excited to take on new responsibilities. He also noted that Ms. Schutta had previous experience as an assistant administrator in East Bethel. Mazzitello continued by explaining that after having discussions with City Administrator Miller, it has been decided that the City's consultant planner would be retained. The staff city planner position would pick up some of the more minor planning activities (routine variances and conditional use permits that come through the Planning Commission and then to the City Council), leaving code amendments and rewrites and larger development issues for the consultant planner. Councilmember Duggan asked questions and made suggestions relating to the job descriptions and responsibilities of the three positions. Councilmember Petschel noted that she was very comfortable with the descriptions as they were presented. Mayor Krebsbach stated that she would like for the Council to have an opportunity to review the three finalists for the city planner position. Mazzitello noted that department heads are traditionally interviewed with a councilmember representative on the panel. However, the city planner would be reporting to the City Administrator and would not be at a pay grade of a department head. He would leave that decision to the Council's discretion. Councilmember Petschel moved to approve the staff reorganization as recommended by City Administrator Justin Miller, that possible Council participation in the interview process for the city planner be discussed between the Mayor and the City Administrator. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 G) APPROVAL OF RESOLUTION 2013 -39 ACCEPTING DONATIONS TO PARKS CELEBRATION AND 5K RACE Chief of Police Michael Aschenbrener recognized the donations given for the Parks Celebration and 5K Race. Donations to Special Olympics Minnesota totaled $7,329.17 plus three checks made directly to them. Donations to the 5K Race totaled $14,316.00. Donations to the Parks Celebration totaled $4,550.00. June 18, 2013 Mendota Heights City Council Page 3 Councilmember Duggan moved to adopt Resolution No. 2013-39: "RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF THE GIFT TO THE CITY 5K AND THE CITY PARKS CELEBRATION," and authorize a check to Special Olympics Minnesota for $7,329.17. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 L) RECEIPT OF MAY PAR 3 REPORT Councilmember Duggan wished to note the challenges golf courses are having this year due to the weather and expressed his desire to see Councilmembers supporting the golf course by playing it. He has suggested to Recreation Program Coordinator Sloan Wallgren that Council/City Staff challenges be scheduled, to include all city employees. Councilmember Duggan moved to Acknowledge Receipt of the May Par 3 Report. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Q) APPROVAL OF CLAIMS LIST Councilmember Petschel asked for an explanation of the City of St. Paul — Lemay Lake Project, Repairs listed under Significant Claims. City Engineer John Mazzitello replied this was work the City of St. Paul did for the street project last year. Councilmember Petschel moved Approval the Claims List. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. PRESENTATIONS A) 2012 AUDIT REVIEW - KERN, DEWENTER, VIERE LTD. Ms. Caroline Stutsman of Kern, DeWenter, Viere Ltd. reviewed their opinion of the City’s financial statements and management’s responsibilities versus their responsibilities. The City received an unqualified opinion, the highest level the City can receive. This is not a change from what the City has received in the past. Kern, DeWenter, Viere Ltd. believes that the City’s financial statements fairly state the respective financial position of the city as of December 31, 2012. June 18, 2013 Mendota Heights City Council Page 4 Kern, DeWenter, Viere Ltd. also conducted a legal compliance audit. They reviewed State Statutes outlined by the State Auditor and did not come up with any findings related to that particular audit. Ms. Stutsman then reviewed the financial information, fund activities, and budget details. Councilmembers asked questions pertaining to specific expenses, which were either answered by staff or by Ms. Stutsman. Councilmember Povolny moved to accept the 2012 Audit Review Report Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PUBLIC HEARINGS A) RESOLUTION 2013 -42 VACATION OF 2ND AVENUE ALLEYWAY RIGHT-OF-WAY Public Works Director/City Engineer John Mazzitello explained that City staff and Council have discussed the existence of right-of-ways (ROW) that are not developed and not being used as roadway or utility corridors or for any other public purpose. City staff looked at these rights-of-way and started vacating those which have determined to serve no public need and would not be utilized in the future. This particular right-of-way is an undeveloped alleyway that exists east of Vandall Street between 2nd Avenue and 3' Avenue and dead-ends into private property. City staff surveyed the adjacent residents in 2010 and again in 2013 and received no negative comments regarding the vacation. Mayor Krebsbach opened the public hearing. No comments were received from the public. Councilmember Duggan moved to close the public hearing. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 Councilmember Duggan moved to adopt RESOLUTION 2013-42, A RESOLUTION APPROVING AN ALLEY RIGHT-OF-WAY VACATION. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 UNFINISHED AND NEW BUSINESS A) ORDINANCE 452 AMENDING TITLE 3, CHAPTER 2, TOBACCO SALES The Police Department has been researching updates for the regulations of tobacco. Chief of Police Michael Aschenbrener presented a proposed amendment to the Code which would prohibit smoking within establishments licensed to sell tobacco. The ordinance amendment will allow for a more reasonable transition to the more comprehensive ordinance amendment coming before the Council later in 2013. June 18, 2013 Mendota Heights City Council Page 5 Councilmember Duggan moved to adopt Ordinance No. 452 AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 THE CITY CODE, TOBACCO SALES. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2013 -43 AWARD BID FOR HIGHWAY 110 / DODD ROAD INTERSECTION IMPROVEMENTS Public Works Director /City Engineer John Mazzitello stated a feasibility study was completed in 2009 on pedestrian improvements at the Highway 110 /Dodd Road intersection, which resulted in the City obtaining a grant from the Metropolitan Council. On June 5, 2013 the City opened the bids for the project, with three bids being received. The lowest bidder was Urban Companies, LLC located in Vadnais Heights, MN. Their successful bid amount was $284,513.00, which was slightly over the engineer's estimate of $277,969.00. The project is proposed to be completed by September 3, 2013. Funding for this project will come from a grant in the amount of $174,784.80 and city funds in the amount of $43,696.20. The City will also pay for trail relocation costs of $66,032.00. Councilmember Norton moved to adopt RESOLUTION 2013 -43, A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE HIGHWAY 149 (DODD ROAD) & HIGHWAY 110 PEDESTRIAN IMPROVEMENTS PROJECT (PROJECT #200819). Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Chief of Police Michael Aschenbrener noted the following events: Friday, June 21 — Police officers, in conjunction with Safe Kids Minnesota, will start handing out certificates that are good for ice cream cones at any participating Dairy Queen to promote interaction with youth in the community. If any resident is interested in hosting a Neighborhood Watch Gathering, they should contact Officer Denise Urmann to schedule an appointment to meet with her. Mayor Krebsbach asked if there would be fireworks at Mendakota Country Club. Public Works Director /City Engineer John Mazzitello replied that as far as he knows there would be. COUNCIL COMMENTS Councilmember Duggan stated that Connie Evingson would be performing at The Village Market Square on Wednesday, June 19. June 18, 2013 Mendota Heights City Council Page 6 He also noted the passing of Ms. Eleanor Donovan who was instrumental in, and devoted to, the creation of Marion Center in St. Paul. He highly recommended the Haiku Japanese Bistro as a great place to eat. He noted that a Haiku goes as follows: "Welcome to Mendota Heights, Food and Decor, Delight ". Councilmember Petschel noted that the Council approved some personnel action on the consent agenda that involved promoting Tamara Schutta, giving new responsibilities to Sloan Wallgren, and approved the hiring of a new planner. She made the observation that the City has wonderful staff and that under City Administrator Justin Miller there has been some wonderful hires made. She complimented the administration and all of the staff on how wonderfully everything comes together and how wonderfully the work gets done as that does not happen by accident. She also noted the grand opening of White Pines and encouraged everyone to go over and take a look. Mayor Krebsbach expressed her appreciation and thanks to the Council and staff for a productive workshop meeting that took place prior to this Council meeting. ADJOURN Councilmember Duggan moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 8:13 p.m. adie-- Sandra Krebsbach Mayor Lorri Smith City Clerk June 18, 2013 Mendota Heights City Council Page 7