Loading...
2013-12-03 Council minutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 3, 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 Povolny, Petschel, and Norton. Councilmember Duggan was absent. 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 Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 CONSENT CALENDAR Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and approval. Councilmember Petschel moved approval of the consent calendar as presented and authorization for execution of any necessary documents contained therein, pulling items b) Acknowledgement of November 19, 2013 City Council Minutes; f) Approval of Personnel Code Amendment — Harassment, Discrimination and Respectful Workplace Policy; g) Approval of Bike Donation to Bikes for Kids; k) Approval of Retirement, Paul Berg — Code Enforcement Officer /Building Official; and 1) Approval of Commission Reappointment Process and Authorize Advertisement for Commission Vacancy. a. Acknowledgement of November 5, 2013 City Council Minutes b. Acknowledgement of November 19, 2013 City Council Minutes c. Approval of Out -of -State Travel Request d. Approval of 2013 Audit Engagement Letter e. Approval of City Hall Carpet Replacement Project f. Approval of Personnel Code Amendment-Harassment, Discrimination, Respectful Workplace Policy g. Approval of Bike Donation to Bikes for Kids h. Approval of Traffic Control Signal Agreement for Lexington Avenue and Highway 110 i. Approval of Personnel Action Report December 3, 2013 Mendota Heights City Council Page 1 j. Approval of Plan of Dissolution for Gun Club Lake Watershed Management Organization k. Approval of Retirement, Paul Berg — Code Enforcement Officer /Building Official 1. Approval of Commission Reappointments and Authorize Advertisement for Commission Vacancy m. Receipt of November Building Activity Report n. Approval of Claims List o. Approval of Contractor List Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PULLED CONSENT AGENDA ITEMS B) ACKNOWLEDGEMENT OF NOVEMBER 19, 2013 CITY COUNCIL MINUTES Councihnember Petschel recused herself from approving the minutes of the November 19, 2013 City Council Meeting due to her absence. Mayor Krebsbach noted that she added a word to her comments about the Warrior Drive topic, recommending that it be on a published agenda. Councilmember Norton moved to approve the November 19, 2013 City Council Minutes with the amendment. Councilmember Povolny seconded the motion. Ayes: 3 Nays: 0 Abstain: 1 (Petschel) Absent: 1 F) APPROVAL OF PERSONNEL CODE AMENDMENT — HARASSMENT, DISCRIMINATION AND RESPECTFUL WORKPLACE POLICY Councilmember Norton stated that he spoke with Councilmember Duggan, who suggested a couple of changes to the language. Discussion and changes were discussed as follows: o Section 30, Item 2. Paragraph 1 - `they' and `themselves' should be he /she, him/her, etc. o Section 30, Item 3, Paragraph 2 – use of the phrase `shared values'; Mayor Krebsbach also questioned the use of `are expected to express'; and suggested the sentence be changed to read `are expected to express the shared values exhibit respect, courtesy, civility, politeness, consideration, and tolerance toward others in the workplace. O Section 30, Item 6, be changed as follows: `Each supervisor shall be responsible for fostering a respectful work environment and preventing discouraging acts of Prohibited Behavior'. • Section 30, Item 7, last paragraph – discussion occurred around adding an option if the alleged harassment includes the City Administrator. Staff pointed out that the paragraph before addresses who should be contacted if that situation should occur; therefore it was determined to leave it as is. ® Section 30, Item 8, Paragraph 6 should be changed to read `Anyone who knowingly makes a false complaint of conduct that violates this policy or anyone who knowingly gives false information during an investigation could also may also be subject to disciplinary action up to and including termination. December 3, 2013 Mendota Heights City Council Page 2 Mayor Krebsbach commented that she had raised questions which she had submitted to Assistant City Administrator Tamara Schutta and City Attorney Kevin Rupp. Councilmember Petschel moved to approve the Harassment, Discrimination and Respectful Workplace policy with the above amendments. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 G) APPROVAL OF BIKE DONATION TO BIKES FOR KIDS Chief of Police Michael Aschenbrener commented that it was pointed out approximately two months ago that the storage area in the water tower was overflowing with bicycles. The last time an auction was held to remedy situations such as this was in 2009. Investigator Reyes, the property room manager, went through all of the bicycles and came up with forty bikes that are eligible to be released. Chief Aschenbrener contacted "Bikes for Kids", a non-profit organization. This organization will clean, fix, wipe down, and prepare for sale the bikes they receive. As a point of clarification, it was noted that all of the items that come into the property room are held for a minimum of six months and if unclaimed, are released for auction or donation. Councilmember Povolny moved to allow staff to donate the bikes to the non-profit "Bikes for Kids". Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 K) APPROVAL OF RETIREMENT, PAUL BERG — CODE ENFORCEMENT OFFICER /BUILDING OFFICIAL City Administrator Justin Miller explained that Mr. Paul Berg has been employed with the City for 34 years and his retirement is very well deserved. His retirement would be effective December 27, 2013 and staff is requesting the Council formally accept his resignation. Mayor Krebsbach noted from the staff memo that Paul Berg 'has been part of the development both in the industrial and residential areas' of the city. Councilmember Norton moved to recognize Code Enforcement Officer/Building Official Paul Berg's retirement effective December 27, 2013. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 L) APPROVAL OF COMMISSION REAPPOINTMENT PROCESS AND AUTHORIZE ADVERTISEMENT FOR COMMISSION VACANCY December 3, 2013 Mendota Heights City Council Page 3 City Administrator Justin Miller explained that the City is well served by volunteer commissions that advise the City Council on various issues. The Planning Commission, Airport Relations Commission, Parks and Recreation Commission have three -year terms. Terms ending January 31, 2014 include the following: ® Planning Commission: Howard Roston and Mike Noonan ® Airport Relations Commission: Kevin Byrnes, Gina Norling, and Jim Neuharth ® Parks and Recreation Commission: David Miller and Mary McGrory – Usset All of the commissioners listed above are eligible to be reappointed for another three -year term and have expressed their desire to do so, with the exception of Mary McGrory – Usset. The City is also served by one Watershed Management Organization – the Lower Mississippi River WMO. The City's primary representative is Mary Jeanne Schneeman and the alternate representative is Jill Smith; both of whom have expressed their desire to be re- appointed to their respective posts. If Council approves the reappointments as requested, the sole vacancy on the Parks and Recreation Commission would be advertised this week with interviews in January 2014. Mayor Krebsbach noted that Council typically reappoints sitting commissioners. She also commended Mary McGrory – Usset for her service. Councilmember Petschel suggested that, with the dissolution of the Gun Club Lake Watershed Management Organization, a letter recognizing the people who have finished their work on that organization be sent. Councilmember Petschel moved to reappoint the Commission members as recommended and directed staff to seek applicants for the Parks and Recreation Commission term. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 PUBLIC COMMENTS There were no public comments PRESENTATIONS A) RECOGNITION OF DAKOTA COUNTY REGIONAL CHAMBER OF COMMERCE BUSINESS EXCELLENCE AWARD — MICHELLE MCGLADE, BELLACU HEALTH CLINIC Ms. Michelle McGlade, owner of Bellacu Health Clinic, received an honor from the Dakota County Regional Chamber of Commerce – the Business Excellence Award in the Woman and Minority Owned Business category. City Administrator Justin Miller explained the criteria and the content of the award. Ms. McGlade shared details of her acupuncture and holistic health clinic, which is located in Mendota Heights. PUBLIC HEARING December 3, 2013 Mendota Heights City Council Page 4 A) 2014 TAX LEVY AND BUDGET Finance Director Kristen Schabacker spoke to the proposed budget, levy, proposed city tax rate, and the sales tax exemption savings. The budget process began in June 2013 and the preliminary budget and levy were brought forward to the Council at a budget workshop in August 2013. That preliminary budget and levy was adopted in September 2013 and the preliminary levy was certified to the County. Dakota County sent out notices in mid - November 2013 to the residents regarding their proposed property taxes. Total Levy: $6,603,749 — a 2.92% increase over last year's levy 2014 Budget for all funds: $11,611,363 Taxable Market Value: $1,661,936,335 — a 3.26% increase over last year Proposed City Tax Rate = 34.729 compared to 34.479 last year Beginning January 1, 2014, certain city purchases would be exempt from sales tax. The sales tax expense in 2012 was approximately $43,000 which was paid out of the General Fund. There was $9,000 in sales tax paid from all other funds. All purchases for the golf course would remain taxable in 2014. The average home value increased by approximately 3.88% from 2013. A home valued at $290,700 in 2013 (the median home value) paid approximately $1,049 in city taxes. That same house in 2014 would have a median home value of $301,750 and pay approximately $1,095 in city taxes. Ms. Schabacker shared 2013/2014 comparison charts for expense, revenue, and levy dollars. The public hearing was opened for any resident to speak about any concerns they have with the proposed budget and levy. There being no one coming forward to comment on the budget and levy, Councilmember Norton moved to close the public hearing. Councilmember Petschel seconded the motion. Ayes: 4 Nays: 0 Absent: 1 It was noted that the final levy and budget will be brought forward for approval at the December 17, 2013 meeting. UNFINISHED AND NEW BUSINESS A) CONSIDERATION OF SOCIAL HOST ORDINANCE NO. 455 Chief of Police Michael Aschenbrener explained the Social Host ordinance, which would allow the City to hold a person responsible, whether or not they are the owner of the property, for illegal actions going on at their property when alcohol is involved. Councilmember Petschel commented on her total support of this ordinance for two reasons; 1) safety of underage children who are being served alcohol, and 2) the quality of life in the neighborhood. December 3, 2013 Mendota Heights City Council Page 5 Councilmember Povolny voiced his support of the ordinance. He asked if a summary of this ordinance would be included in the next Heights Highlights to inform residents about this ordinance. Chief Aschenbrener replied that it would be noticed in the newsletter, on Facebook, on Twitter, and on the City's website. Councilmember Norton moved to adopt Ordinance No. 455 REGULATING SOCIAL HOST and to approve the publication of a summary of Ordinance No. 455 REGULATING SOCIAL HOST. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 B) CONSIDERATION OF ORDINANCE 458 AMENDMENTS TO TOBACCO REGULATIONS Chief of Police Michael Aschenbrener explained that this has been a year -long endeavor to update the tobacco ordinance and it represents major changes to the regulations. He gave a brief synopsis of the major changes in the following areas: • Purpose • Definitions and Interpretations • Licensing • Penalties • Exceptions Mr. Tony Salazar, a student at Henry Sibley High School and a member of ALMAS [Anglos Latinos Motivated to Succeed], encouraged the Council to do everything they could to ensure that youth are protected from the dangers of tobacco - related diseases and addiction. He is in support of this ordinance. Mr. Erick Cordova, student at Henry Sibley High School, and his interpreter Mr. Robert Hanson, gave statistics on the increase of e- cigarette usage, their attraction to youth, and the hidden dangers involved in their use. He encouraged the City to regulate e- cigarettes just as they would any other tobacco product. Ms. Andrea Galvan, a student at Henry Sibley High School, talked about the dangers of hookah smoking and hookah lounges, where a person in a typical hookah smoking session would inhale as much smoke as a cigarette smoker would inhale from 100 to 200 cigarettes. She encouraged the Council to pass the ordinance and send the message to young people that hookah smoking is dangerous. Mr. Josh Guzman, a student at Henry Sibley High School, commented that he fully supports the changes to the ordinance for all of the reasons listed above by his fellow students and encouraged the Council to consider doing even more to protect the youth from the harms of tobacco. Mr. Robert Hanson, a teacher at Henry Sibley High School, commented that he cares about this issue because he cares about kids, his own two and many others. He expressed his appreciation to the Council for allowing the students to speak regarding this issue. He encouraged the Council to not let the discussion on how to protect kids from the hannful effects of tobacco end at this meeting. Councilmember Petschel asked if there are any other cities that do not permit people under the age of 18 to sell cigarettes. Ms. Alicia Leizinger with the Association for Non - Smokers Minnesota explained that December 3, 2013 Mendota Heights City Council Page 6 the City of Chaska and one other city have this regulation. She will send that information to the Council for future consideration. Councilmember Petschel moved to adopt Ordinance 458: AN ORDINANCE AMENDING TITLE 3, CHAPTER 2 THE CITY CODE, TOBACCO SALES and to approve the publication of a summary of Ordinance 458. Councilmember Norton seconded the motion. Ayes: 4 Nays: 0 Absent: 1 C) RESOLUTION 2013 -83, ESTABLISH POLICY FOR TOBACCO ORDINANCE VIOLATIONS Councilmember Petschel moved to adopt Resolution No. 2013 -83 A RESOLUTION ADOPTING A POLICY FOR TOBACCO ORDINANCE VIOLATIONS. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 COMMUNITY ANNOUNCEMENTS Assistant City Administrator Tamara Schutta made the following announcements: O Holiday Tree Lighting Ceremonies will take place on Thursday, December 5 at Mendota Plaza, 6:00 p.m. and on Saturday, December 7 at The Village at 5:00 p.rn. O Reminder that parking is limited to no more than 30 minutes on the streets after a two inch snowfall. • Fun Fact: the public works crew has to clear 69 miles of city streets, 114 cul-de-sacs, and 28 miles of walking paths in the city of Mendota Heights. O Mendota Heights City Hall is a drop off point for Toys for Tots. Police Officer Denise Urmann and her elves will be dropping off the toys at KARE 11 studios on December 19 at 3:00 p.rn. O The city hall is a collection site for recycling your holiday lights. COUNCIL COMMENTS Councilmember Norton commented that a friend recently lost his mother to cancer and he extended his condolences to him. Councilmember Povolny expressed his appreciation to Becky Pentel, Chief Aschenbrener and his staff, and the Police Chief of West St. Paul. He graduated two weeks ago from the Police Academy and recommended it to everyone. He also mentioned that at the last council meeting he asked that the dog owners to please respect the residents living near the hockey rinks. He received a couple more complaints and he encouraged residents to not misuse the park facilities by letting their dogs off leash. Councilmember Petschel commented that she and Mr. Jeff Hart, who is in charge of ground operations for Delta, gave a presentation to the Metropolitan Airport Commission on the Noise Oversight Committee's accomplishments for the past year and the work plan for 2014. The work plan was accepted, which included a complete evaluation of the early turn-outs off runway 12 left over Mendota December 3, 2013 Mendota Heights City Council Page 7 Heights. They will keep the residents in the loop on what that report says. There is still no decision on Area Navigation. There has been a very pointed silence from the FAA, which is unusual. They expect to hear something in January, no later than February 2014. She also stated that on December 5, 6, and 7, at Sunfish Cellars, Mendota Heights resident Jimmy Reagan is putting on an art show and sale. Also, Marjory and Elizabeth from My Talk Radio (107.1FM) will be at the Olive Grove in The Village Thursday morning, December 5. She noted that the speed cart was on the frontage road off of Highway 110, which is a good thing. She congratulated Convent of the Visitation for winning the State Champion in Swimming, and for setting a new record in the 400 medley relay. Mayor Krebsbach expressed her appreciation to staff for their work on the budget, to Chief Aschenbrener for the background work on the tobacco ordinance update, and to the legal staff and Tamara Schutta in terms of the review of the harassment policy. She also wished Happy Hanukkah to all of the Jewish residents. ADJOURN Councilmember Norton moved to adjourn. Councilmember Povolny seconded the motion. Ayes: 4 Nays: 0 Absent: 1 Mayor Krebsbach adjourned the meeting at 8:16 p.m. Sandra Krebsbach Mayor Lorri Smith City Clerk December 3, 2013 Mendota Heights City Council Page 8