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2020-04-07 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 7, 2020 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 Garlock called the meeting to order at 7:00 p.m. Councilors Duggan, Paper, Miller, and Petschel were present via telephone conferencing. PLEDGE OF ALLEGIANCE Those who were available to do so recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. City Administrator Marl-, McNeill requested to add an item to the agenda --8g. Establish Work Session Meeting date. Councilor Petschel moved adoption of the agenda as amended. Councilor Miller seconded the motion. A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented, pulling item c. Resolution 2020- 26 for a separate discussion. a. Approval of March 17, 2020 City Council Minutes b. Acknowledge February 27, 2020 Planning Commission Meeting Minutes c. Approve Resolution 2020-26 Accept an Anonymous Donation to the Fire Department d. Approve First Amendment to Grand Real Estate (MH Development LLC) Purchase Agreement e. Approve Amended Conservation Easement for Augusta Shores f. Approve Accounting Change for the Par 3 Gold Course to be a Special Revenue Fund g. Acknowledge February 2020 Fire Synopsis h. Approve of Claims List Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye PULLED CONSENT AGENDA ITEMS C) APPROVE RESOLUTION #2020-26 ACCEPT AN ANONYMOUS DONATION TO THE FIRE DEPARTMENT City Administrator Mark McNeill reported that a generous donation has been received for general fire department activities. He noted that the donor wishes to remain anonymous at this time. Councilor Duggan acknowledged the generosity of the donor. Councilor Duggan moved to adopt RESOLUTION 2020-26 ACCEPT AN ANONYMOUS DONATION TO THE FIRE DEPARTMENT. Councilor Petschel seconded the motion. A roll call vote was performed by the City Cleric: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye PUBLIC HEARING RESOLUTION 2020-27 VACATING DRAINAGE AND UTILITY EASEMENTS FOR VILLAGE LOTS Public Works Director Ryan Ruzek explained that the Council was being asked to consider Resolution 2020-27, an easement vacation located at The Village lots. Councilor Petschel moved to open the public hearing. April 7, 2020 Mendota Heights City Council Page 2 of 9 Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye City Administrator Mark McNeill noted that no public comments had been received. Councilor Petschel moved to close the public hearing. Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Councilor Paper moved to adopt RESOLUTION 2020-27 AUTHORIZING THE VACATION OF DRAINAGE AND UTILITY EASEMENTS. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye PUBLIC COMMENTS City Administrator Mark McNeill stated that public input is now provided through email and anyone wishing to make comments needed to submit those comments to the City Clerk by 6:00 p.m. today. He read aloud a comment that was received relating to a request to name the off -leash dog area in memory of Greg Nelson or to recognize Mr. Nelson with a plaque or bench. McNeill stated that he responded to the resident that the parks in Mendota Heights are named for the neighborhood in which they are located, and provided the resident with information on the bench donation sponsorship program. April 7, 2020 Mendota Heights City Council Page 3 of 9 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-24 APPROVING A CONDITIONAL USE PERMIT FOR A NEW FREESTANDING ELECTRONIC MESSAGE SIGN LOCATED AT THE FIRE STATION PROPERTY, 2121 DODD ROAD Community Development Director Tim Benetti explained that the Council was being asked to approve Resolution 2020-24, approving a Conditional Use Permit (CUP) to the City of Mendota Heights (on behalf of the Fire Department), in order to install an electronic display sign at the fire station, located at 2121 Dodd Road. Councilor Petschel moved to approve RESOLUTION 2020-24 APPROVING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 2121 DODD ROAD. Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye B) RESOLUTION 2020-25 APPROVING A VARIANCE THE BP -AMOCO STATION, 2030 DODD ROAD Community Development Director Tim Benetti stated that the Council was being asked to consider adopting a resolution approving a variance to Mendota Heights BP -Amoco fuel and auto service station, located at 2030 Dodd Road. The variance would allow the owners to expand and increase a legal, non- conforming use in the B-2 Neighborhood Business district. Community Development Director Tim Benetti referenced a comment received that if the variance is approved, the applicant should be required to improve the current aesthetics of the site. He stated that the applicant's narrative states that they plan to improve the existing building as a part of this project. City Administrator Mark McNeill read aloud a comment received from the public. The comment was from Timothy Minea, 772 Ridge Place, who encouraged the Council to impose on the owner additional requirements to improve the looks of the building. Sean Hoffman, applicant, stated that the whole intent is to spruce up the building; he then provided details of the improvements that will be included. He noted that the scope of the project would be dependent on the bids received. Councilor Petschel stated in the past there has been an attempt to remove scrub trees, and to plant native grasses around the BP Station. She asked if shrubbery or additional landscaping could be added along the north side to improve the looks of the site. Mr. Hoffman confirmed that could be included. April 7, 2020 Mendota Heights City Council Page 4 of 9 Councilor Duggan moved to adopt RESOLUTION 2020-25 APPROVING A VARIANCE FOR PROPERTY LOCATED AT 2030 DODD ROAD. Councilor Miller seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye C) ORDINANCE 554 ESTABLISHING NO PARKING AREA ON MARIE AVENUE Public Works Director Ryan Ruzek stated that the Council is being asked to consider Ordinance 554 amending City Code; Title 6, Chapter 3, Section 3 prohibiting parking on portions of Marie Avenue. Councilor Petschel moved to adopt ORDINANCE 554 AMENDING TITLE 6, CHAPTER 3, SECTION 3, OF THE CITY CODE. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye D) DISCUSSION ON 4TH OF JULY FIREWORKS DISPLAY City Administrator Mark McNeill stated that City staff has been directed review the proposed expenditures for the year to determine what is critical to provide, but also to determine what might be non-essential. He explained that the City sponsored 0' of July fireworks display has a financial impact, and the social distancing requirement would also be a concern. He asked whether the Council should proceed with the fireworks display. He also stated that the vendor is requesting a 50% down payment of the $14,000 bill. Mayor Garlock stated that he would support approving the down payment, noting that the event could be held this year, or the funds could be used for the following year's fireworks. Councilor Duggan stated that the City does not know what the future will bring and additional restrictions may be imposed in the coming months. He did not see how the event could work under the current social distancing requirement. He commented that the City will have more important budget expenditures that would be prioritized over fireworks. He suggested holding off on making the down payment. April 7, 2020 Mendota Heights City Council Page 5 of 9 Councilor Miller stated that it is unknown what the situation will be in July and asked if there would be harm in waiting to make the decision, noting that perhaps the City could use another vendor if needed. He suggested the decision be made a month from now. Councilor Petschel stated that the issue is that the business needs to procure the fireworks now. She stated that she could support either option. City Administrator Mark McNeill stated that the vendor needs to know at this time in order to ensure fireworks could be procured. Councilor Miller stated that perhaps there would be another vendor the City could choose at a later date in order to postpone making the decision at this time. Councilor Duggan stated that in light of the current closures related to parks, and the fact that a plan is not in place to control the crowd size with social distancing, he would not want to commit to a fireworks display until direction is given from the State of Minnesota. Councilor Paper stated that his concern would be if the City pays a down payment, the business could go out of business prior to next year's event. He stated that if the State loosens the regulations, the City could always attempt to find a fireworks vendor at that time. He stated that he does not want to risk the $7,000 down payment and therefore would not support fireworks at this time. Councilor Petschel stated that she is averse to being put into a financial position where she feels trapped. She stated that she has always supported the fireworks, and stated that she does not like being given one day to decide whether to put down $7,000 when the City is not sure what will be allowed. Councilor Paper stated that he would be willing to revisit the discussion in two weeks. Mayor Garlock moved to table the decision on fireworks. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye E) DISCUSSION OF FEDERAL COVID 19 EMPLOYEE ISSUES Assistant City Administrator Cheryl Jacobson provided an update on newly enacted Federal mandates relating to employee/employer labor and pay requirements. April 7, 2020 Mendota Heights City Council Page 6 of 9 City Administrator Mark McNeill stated that staff also requested the Council consent to having the Mayor sign letters of concern, to be addressed to the Governor and the State Representatives related to recently approved workers compensation legislation. This relates to the presumed assumption of COVID-19 for first responders. He said that while that is beneficial to the public safety people who are providing the important services, the state did not provide a source of funding, which means that the financial burden likely would fall on the cities and counties as employers. Councilor Petschel stated that this appears to be an unfunded mandate from the Federal government with no tax credits. She stated that in the past, increased workers compensation claims has impacted the cost of the City's coverage. She stated that in the absence of funding, she would like to see reassurance from the League of Minnesota Cities that the insurance premium would not increase. City Administrator Mark McNeill stated that the League of Minnesota Cities is concerned that insurance premiums would increase unless there is identified funding. Councilor Duggan stated that he would support the letters being sent. City Administrator Mark McNeill confirmed that staff anticipated that decision from the Council and had drafted letters that have been signed by Mayor Garlock. The letters will be mailed tomorrow. F) DISCUSSION OF CHANGE OF CITY COUNCIL MEETING TIME City Administrator Mark McNeill stated that the Council is being asked to consider changing the starting time of its regular City Council Meetings. Mayor Garlock asked if the meeting could start at 5 p.m. Councilor Duggan stated that there was discussion related to this about nine months ago but there was concern with members of the public being able to attend after work. He noted that he would support a temporary change, noting that there is an Acting Mayor that could step in if necessary. Councilor Paper stated that he would be fine with any start time. He stated that the previous discussion was related to allowing the public to attend but in the current situation people are attending remotely and providing input in a different manner. He stated that he would support making the change to allow Mayor Garlock to participate. Councilor Petschel stated that she would support the flexibility of moving the meeting to 5 p.m. temporarily as the current situation is different and all public comments are being made by email. Councilor Miller stated that he supports the change in start time to allow Mayor Garlock to participate. He stated that these are uncertain times and therefore some things will need to change. He stated that he would support the 5 p.m. start time on a temporary basis. Mayor Garlock moved to adopt RESOLUTION 2020-28 CHANGING THE CITY COUNCIL MEETING TIME TO 5:00 P.M. Councilor Petschel seconded the motion. April 7, 2020 Mendota Heights City Council Page 7 of 9 A roll call vote was performed by the City Clerk: Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye G) ESTABLISH A WORKSESSION TO DISCUSS COVID-19 IMPACTS City Administrator Mark McNeill requested the Council schedule a work session to discuss the COVID- 19 impacts on the City. Councilor Petschel stated that it would help if the bids for Marie Avenue were known as that is a big- ticket item for the City this year and will help her make other basic decisions. Administrator McNeill stated that the bids will be opened on April 15th. He suggested Thursday, April 16th for the work session. It was the consensus of the Council to schedule a work session for Thursday, April 16th at 2:00 p.m. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill provided an update on City operations and public safety/public works activity following the new regulations under COVID-19. He thanked the community for its patience as City staff attempts to get things done the best they can during this time. He asked people to stay home whenever they can. COUNCIL COMMENTS Councilor Petschel stated that she was delighted to see the emergency response training partnership. She commended the Augusta Shores Homeowners Association for improving the buffer between their property and the lake. Councilor Miller wished everyone health and wellness. He stated that everyone in his neighborhood seems to be following the social distancing guidelines and are staying home. He stated that he looks forward to seeing everyone in the future. Councilor Paper wished everyone a happy Easter and Passover and thanked the Police Chief for keeping everyone well informed and increasing presence in the neighborhoods. Councilor Duggan wished a happy Passover and Easter to everyone. He also wished happy teaching days to the parents experiencing the things teachers normally handle. April 7, 2020 Mendota Heights City Council Page 8 of 9 Mayor Garlock thanked the government for the new exercise program, noting that he has seen more people walking in the neighborhood. He encouraged everyone to stay healthy. ADJOURN Councilor Petschel moved to adjourn. Councilor Duggan seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Mayor Garlock adjourned the meeting at 8:16 p.m. Neil Garlock Mayor ATTES Lorri Smith City Clerk April 7, 2020 Mendota Heights City Council Page 9 of 9