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2013-08-06 Council meeting minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 6, 2013 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 8:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER After participating in the Night to Unite events, Mayor Krebsbach called the meeting to order at 8:00 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. ANNOUNCEMENT Chief of Police Michael Aschenbrener gave an update on the severe thunderstorm warning that the City was under and explained the evacuation procedures should it become necessary. AGENDA ADOPTION Mayor Krebsbach presented the revised agenda for adoption. Cow-leilmeinber Duggan moved adoption of the agenda. Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 CONSENT AGENDA Mayor Krebsbach presented the consent agenda and explained the procedure for discussion and approval. Councilmember Duggan moved approval of the consent agenda as presented and authorization for execution of any necessary documents contained therein, pulling items J) Approve Resolution 2013-53 Accepting Feasibility Report and Calling for a Public Hearing on the Victoria Road & Rolling Green Neighborhood Improvements, L) Approval of Personnel Action Report, N) Approval of Claims List, and P) Appoint Planner. a. Acknowledgement of July 9, 2013 Parks and Recreation Commission Minutes ----b-.---A-clmowl-edgement-of-J-uly-1-6,-20-1-3-city-eouncil-W-orlcshop-Minutes c. Acknowledgement of July 16, 2013 City Council Minutes d. Acknowledgement of July 22, 2013 Joint City Council/Parks and Recreation Commission Minutes e. Accept June 2013 Fire Department Synopsis Report f. Approval of Continuous Fire Permit for Mdewakanton Dakota Community Wacipi g. Approve Resolution 2013-54 Plans and Specifications for Sibley Memorial Highway Trail Extension, Authorize Advertisement for Bids; and Approve Resolution 2013-55 Limited Use Permit and Maintenance Agreements h. Approve Resolution 2013-52 Accept Bids and Authorize Contract for 2013 Sanitary Sewer Rehabilitation i. Approval of Joint Powers Agreement with Dakota County for Lexington Avenue Trail j. Approve Resolution 2013-53 Accepting Feasibility Report and Calling for a Public Hearing on the Victoria Road & Rolling Green Neighborhood Improvements k. Approval of Temporary On-Sale Liquor Licenses 1. Approval of Personnel Action Report in. Accept June 2013 Treasurer's Report n. Approval of Claims List o. Approval of Contractor List p. Appoint Planner Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS J) APPROVE RESOLUTION 2013-53 ACCEPT FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING ON VICTORIA ROAD & ROLLING GREEN NEIGHBORHOOD IMPROVEMENTS AND L) APPROVAL OF PERSONNEL ACTION REPORT Mayor Krebsbach asked that these items be tabled as she would like to have the Budget Workshop before any action is taken on them. The Budget Workshop is scheduled for August 13, 2013. Councilmember Duggan mentioned that he would like for staff to do further research on the improvement project to ensure the residents are being assessed correctly. Councilmember Petschel supported the request as there is a watermain replacement in the improvement proposal. City Engineer John Mazzitello explained that the City typically schedules two projects a year; a rehabilitation project and a reconstruction project. However, in 2014 they are proposing only one project that would be both rehabilitation and reconstruction. This is the reason the price tag appears high. City Administrator Miller requested that only item one of the Personnel Action Report be pulled but the remaining two items be acted upon. Councilmember Duggan moved to table Consent Agenda Item 5J) APPROVE RESOLUTION 2013-53 ACCEPTING FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON THE Budget Workshop scheduled for Tuesday, August 13, 2013 Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 August 6, 2013 Mendota Heights City C01117Cil Page 2 Councilmember Petschel moved to table Consent Agenda 5L) APPROVAL OF PERSONNEL ACTION REPORT, Item 1. Civil Engineer Promotion; and approve 5L) APPROVAL OF PERSONNEL ACTION REPORT, Item 2. Resignation of IT Manager and Item 3. Authorize Recruitment Process for IT Manager Position. Councilmember Povolny seconded the motion. Ayes: 5 Nays: 0 N) APPROVAL OF CLAIMS LIST Councilmember Duggan explained there were a few items on the Claims List Summary that he had not seen before. He learned from staff that payment to A to Z Home Inspection was for inspections completed while the building inspector is on leave of absence. Councilmember Duggan requested an update on who Bargain Incorporated is and what trail maintenance was done. Mayor Krebsbach requested that all "other costs" be explained at the Budget Workshop, especially as they pertain to Public Works projects. Councilmember Duggan mentioned the payment made to ISD 197 every year for Sibley Park maintenance and the good relationship the City has with them. Councilmember Duggan moved to approve the Claims List. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 P) APPOINT PLANNER City Administrator Justin Miller explained the reorganized duties among staff and the new Planner position. Twenty -three applications were received, a staff panel conducted initial interviews, and additional interviews were conducted on the two finalists. Administrator Miller happily made the recommendation to hire Mr. Nolan Wall as Planner. Councilmember Norton moved to approve the hiring of Mr. Nolan Wall as Planner effective Monday, August 26, 2013. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS There were no public comments. August 6, 2013 Mendota Heights City Council Page 3 PUBLIC HEARING A) RESOLUTION 2013 -57 HOST CITY APPROVAL FOR LILYDALE ISSUANCE OF CONVENT OF THE VISITATION REVENUE NOTE Finance Director Kristen Schabacker explained that the city of Mendota Heights did not have capacity this year to fund the issuance of bonds for the Academy of the Convent of the Visitations' project so they are seeking funding through the city of Lilydale. As the host, the city of Mendota Heights is required to hold a public hearing to approve the issuance of these bonds. Dr. Dawn Nichols, Head of School of Convent of the Visitation explained the nature of this project at the July 16, 2013 City Council meeting. Mayor Krebsbach opened the public hearing. There being no comments or questions 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 -57 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A SERIES 2013 TAX - EXEMPT EDUCATIONAL FACILITY REVENUE NOTE UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.1655 (THE ACADEMY OF THE VISITATION PROJECT). Councilmember Norton seconded the motion. Ayes: 5 Nays: 0 PRESENTATIONS There were no presentations. UNFINISHED AND NEW BUSINESS A) WEST ST. PAUL /SIBLEY ICE ARENA FEASIBILITY STUDY DISCUSSION Mayor Krebsbach explained that the city of Mendota Heights received a proposal from the city of West St. Paul to participate on a task force to research options for replacement of the ice arena currently located in West St. Paul. The task force would be assisted by the Minnesota Amateur Sports Commission. Mayor Krebsbach wanted to make the public aware of a couple of important points: • School District 197 is not interested in participating in the construction, management, or maintenance of a hockey rink. • Approximately ten to twelve years ago, the city of Mendota Heights was approached by donors at St. Thomas Academy to participate in building a hockey rink on the academy grounds. At that Mayor Krebsbach explained that the City is one of the contributors to what is called "fiscal disparities ". The City has a levy of $6.5 million, most of which comes fiom the homes. The City contributes $1 million into the state's fiscal disparities pool every year, which are monies that the City does not have for other things. August 6, 2013 Mendota Heights City Council Page 4 Mayor Kiebsbach opened the floor for public comments on whether or not the City should participate in the task force. The following residents gave comments and explanations for their recoininendation that the City of Mendota Heights participate in the task force: • Mr. Ted Kronschnabel, Mendota Heights – this is not just a Mendota Heights issue, includes other municipalities, no commitment of money is needed, just a study to determine feasibility. • Mr. Eric Tostrud, 1490 Somerset Court – Mendota Heights is part of a larger community when it comes to hockey, they are part of entire school district, a feasibility study will be provided at no cost and has value, this should be an easy choice and makes sense, 97-98% of hockey arenas in the state are owned by cities. • Mr. Frank Freidman, 906 Mendakota Court – city of West St. Paul has recognized the value the current facility provides to their city, a significant number of Mendota Heights residents are involved in hockey, last year 215 youth out of the total of 3 87 youth were from Mendota Heights, there is a definite community need, the State of MN will provide us with this study at no cost, encouraged the Council to participate in the task force. • Ms. Karla Gotham, 1533 Dodd Road – their family travels to many different hockey arenas and the schedule gets very hectic with the traveling. • Mr. Joe Henry, 2554 Whitfield Drive – if we lose the West St. Paul arena, the association will have to use many other facilities and the schedule will be early morning or late night practices, encouraged Council to support the study. • Mr. Ted Cheeseborough, 880 Cheri Lane – encouraged the Council to support the study, he saw a hockey facility go fi-om. possibility to reality in 1992 in the Centennial School District, it is now an asset to their community, ha was involved in the Schwan's Super Rink which has been a massive success, there are four thriving high school hockey programs in Mendota Heights. • Mr. Don O'Connor, 1023 London Road – there is no cost to have the study completed, encouraged Council to support the study. • Ms. Alicia McMonigal, 1003 Chippewa Avenue – the study will gather the information needed, hockey brings people together. Councilmember Duggan expressed his appreciation to everyone who came forward to express their opinions and to the residents who contacted him; all were in favor of the City participating on the task force. He is also in support of participation in the task force but expressed his concern that it should be an objective study and list the pros and the cons going forward and the costs financially. He suggested the City establish some parameters and direction on the composition of the task force. Council member Duggan noted for the record that 40 % of the state's fiscal disparities fund is from commercial and industrial revenues, and that Mendota Heights is ranked 20t" for top contributors and not the top or a major contributor. Councilmember Povolny commented that the ice arena is a good idea for the community; however, there are six cities involved. The problem is the affordability hockey rinks are a financial burden to cities. v— — --and -rinks The Council needs to be fiscally responsible to the taxpayers in the City. Councilmember Petschel explained that she is struggling with what is the right thing to do. The decision the Council needs to make is based on affordability and being fiscally responsible. She believes the task force would find the arena feasible, that the cost will be millions, it will operate at a loss with ongoing August 6, 2013 Mendota Heights City Council Page 5 expenses every year. The City will be included with six other cities in management and shared costs, there will be disagreements on the maintenance of it, and the City will have to bond to pay for its contribution and find money in the budget every year. Mayor Krebsbach explained her reasons for not participating in the task force; however, she also explained that non - participation does not mean the Council does not care but they have a lot of other aspects to look at. Participating on the task force would start the City down a road they may not be able or willing to travel. Councilmember Norton explained that the Council makes financial decisions based on need and expectations on what a governing body should provide (health, safety, and welfare). Government is not necessarily there to provide for the individual opportunities for a particular group of people or a particular person. They have to look at everything as a whole. This is a proposition that is guaranteed to lose money and would cost the City on an ongoing basis. The Council makes financial decisions very carefully and with as much information as possible. For that reason he would support participation in the feasibility study. He stated that if the Council decides to participate in the feasibility study, it is by no means any kind of guarantee that the City could actually afford to go forward with building the arena, let alone maintaining it. Councilmember Duggan moved that Mendota Heights participate in the feasibility study regarding an ice arena and that the City have a larger say in the conduct of the study through the task force. Councilmember Norton seconded the motion. Ayes: 2 (Duggan, Norton) Nays: 3 (Povolny, Petschel, Krebsbach) B) TOBACCO ORDINANCE UPDATE PRESENTATON Chief of Police Michael Aschenbrener gave an update on the tobacco ordinance. Police Department Intern Dan Husbands shared findings of his research on the changes in tobacco marketing and usage. He reviewed the draft ordinance. Mr. Husbands worked with the League of Minnesota Cities, the Ramsey Tobacco Coalition, and the city attorney. Councilmember Povolny asked if the proposed ordinance would prohibit stores like The Perfect Ash. Mr. Husbands explained that it would not prohibit the store itself, but would prohibit smoking inside the store. Councilmember Duggan suggested the following: • the addition of designer drugs (i.e. artificial weed and K2) • the term `bath salts' be changed to `bath salts and derivatives' • the addition of required signage on smoking facilities (i.e. hookah lounges) that anyone under the age of 18 are prohibited. Chief Aschenbrener requested that any other suggestions the Council may have be forwarded to him. The draft ordinance will be updated with the suggestions made and reviewed by City Attorney Tom Lehmann before being brought back to the Council for approval. August 6, 2013 Mendota Heights City Council Page 6 C) RESOLUTION 2013-56 SUPPORT FOR DAKOTA COUNTY MENDOTA-LEBANON HILLS REGIONAL GREENWAY MASTER PLAN City Engineer John Mazzitello explained that Dakota County has been developing a master plan for the Mendota-Lebanon Hills Regional Greenway. At the June 18, 2013 Council meeting, staff gave a brief summary overview of the master plan and at the July 16, 2013 work session, County staff presented their plan. Based on the comments from the Council, the County has made revisions to their master plan and will be taking the master plan to the Board of Commissioners on August 20, 2013. They are asking for a resolution of support from the city of Mendota Heights. Mayor Krebsbach requested that the City's preferred route of Dodd Road rather than through Friendly Marsh Park, be added to the resolution. Councilmember Petschel recommended that this resolution not be passed since Friendly Marsh Park is still the preferred route for the trail. Mr. Mazzitello introduced Mr. John Mertens from Dakota County to answer the Council's questions. Councilmember Povolny suggested that the resolution be revised to state that the City supports the Dodd Road alternative and not the Friendly Marsh Park, route. Mayor Krebsbach further clarified that the City supports the plan that crosses Decorah Avenue and the final alignment along Dodd Road to Mendota Heights Road, then along Mendota Heights Road. City Administrator Justin Miller suggested the section, which currently reads "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby supports Dakota County's master plan for the Mendota - Lebanon Hills Regional Greenway" be edited to read "NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mendota Heights hereby supports Dakota County's alternative greenway alignment as presented in the draft Mendota-Lebanon Hills Greenway Concept Plan as seen on Dakota County's figure 31 and does not in any way support a route that goes through Friendly Marsh Park". Mayor Krebsbach further requested that the map (Figure 31), the Council's preference, be clearly identified, which was agreed upon. Councilmember Petschel moved to adopt Resolution 2013-56, A RESOLUTION SUPPORTING THE MENDOTA- LEBANON HILLS REGIONAL GREENWAY with the revised NOW, THEREFORE, BE IT RESOLVED section proposed by City Administrator Miller. Councilmember Duggan seconded the motion. Ayes: 5 Nays: 0 COMMUNITY ANNOUNCEMENTS Assistant to the City Administrator Tamara Schutta gave the following announcements: • Annual Community Carnival & Car Show, August 17 11:00 a.m. to 4:00 p.m., South Plaza Drive • Police Department offers two services: • Free car seat installation by appointment — call 651-452-1366 or register on-line • Home checks while residents are on vacation — call 651-452-1366 or on-line August 6, 2013 Mendota Heights City Council Page 7 COUNCIL COMMENTS Councilmember Povolny explained that of the three years he has been on the Coiulcil, this is probably the most difficult meeting. It was hard to make the ice arena decision but he believes they made the right decision for the community. He also attended the Night to Unite event in his neighborhood and had a very fim time. Councilmember Petschel commented on her attendance at four Night to Unite events and took special notice of the gathering on Cherry Hill. She also noted that residents are taking time to watch the horses grazing at Pilot Knob and it has become a large topic of discussion. She gave kudos to the City's announcements on Facebook as they are being done extremely well. She also gave recognition to Sloan Wallgren for the Parks and Recreation reports showing an upswing in participation. She attended her first PB &E (planning, building, and environment) meeting at the MAC and had her first greetings with the MAC commissioners since the difficult November meeting. Councilmember Duggan recognized that some residents are upset that the standing garage on Bluebill appears to have some business or operation out of it. However, because of privacy laws the City cannot verify that but he promised he would bring it up to staff. Mayor Krebsbach expressed her appreciation to all of the residents who came forward to speak regarding the Ice Arena Task Force and commended the Councihmembers for their thoughtful comments. She welcomed Planter Nolan Wall and knows he will do a great job. 61112 I Councilmember Duggan moved to adjourn. Councilmember Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Krebsbach adjourned the meeting at 10:06 p.m. Sandra Krebsbach Mayor ATTES Lorri Smith City Clerk August 6, 2013 Mendota Heights City Council Page 8