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2020-04-21 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 21, 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 (arrived at 7:10 p.m.), Paper, Miller, and Petschel were also present. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Miller seconded the motion. A roll call vote was performed by the City Clerk: Councilor Paper aye Councilor Petschel aye Councilor Miller aye Mayor Garlock aye Motion carried. PRESENTATIONS UPDATE ON FIRE STATION EXPANSION/REMODEL BY CPMI City Administrator Mark McNeill noted that the Fire Department took occupancy of the new addition to the building on March 28th and work has begun on the remodeling of the original building. He stated that the schedule still shows an August completion date. 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 g. a. Approval of April 7, 2020 City Council Minutes b. Approval of 2020 Workers Compensation Insurance Renewal c. Approve Purchase Order for Great River Greening 2020 Work Plan d. Approve Ordinance 556 Amending Floodway Code and Land Disturbance Guidance Document e. Resolution 2020-29 Approve Limited Use Permit for Dodd Road Trail f. Approval of COVID-19 Families First Coronavirus Response Act Leave Policy g. Approve Seeond Amendment to the Real Estate Development Agreement with N414 TTTTS� Development, � C h. Approve of March 2020 Treasurer's Report i. Approval of Claims List Mayor Garlock seconded the motion. A roll call vote was performed by the City Clerk: Councilor Petschel aye Mayor Garlock aye Councilor Miller aye Councilor Paper aye Motion carried. PULLED CONSENT AGENDA ITEMS G) APPROVE SECOND AMENDMENT TO THE REAL ESTATE DEVELOPMENT AGREEMENT WITH MH DEVELOPMENT, LLC City Administrator Marl-, McNeill provided background information on the purchase agreement the City entered into with the developer MH Development, LLC (previously known as Grand Real Estate Advisors). He stated that the developer has completed its due diligence, but the financial element is delaying the process. He stated that the number of applicants for programs related to COVID-19 relief has caused a delay in the applicant being able to secure financing and therefore the developer has requested an additional 30 -day extension. Staff suggested granting a 60 -day extension, but the applicant hopes to move more quickly than that and hopes to be under construction by that time. Councilor Paper asked if staff have seen any changes to the plan. Mr. McNeill replied that the plan remains the same as what was approved by the Planning Commission and City Council. Councilor Duggan arrived at the meeting. Councilor Petschel moved to approve the SECOND AMENDMENT TO THE REAL ESTATE DEVELOPMENT AGREEMENT WITH MH DEVELOPMENT, LLC. April 21, 2020 Mendota Heights City Council Page 2 of 7 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 Motion carried. PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARINGS No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-30 ACCEPT BIDS, AWARD CONTRACT FOR THE MARIE AVENUE STREET IMPROVEMENTS Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution 2020-30, accepting bids and awarding a contract for the Marie Avenue Street Improvement Project. Councilor Paper asked if there is anything the City can do within the contract and schedule to ensure that the project remains underway and timely once construction has started. Public Works Director Ryan Ruzek replied that the project provisions specify that a task has to be completed within a certain timeframe and he provided examples. Councilor Duggan asked for more information on the four percent cap on mobilization. Mr. Ruzek explained that a contractor is paid 100 percent for mobilization costs and provided additional details on the method the City uses to reimburse those costs. Councilor Petschel stated that this project will replace watermains as well and asked if the City has a good method of communication with residents related to water shutoffs. Public Works Director Ryan Ruzek estimated that five to seven properties would be impacted by the watermain work. He stated that the City and St. Paul Regional Water Supply will work to communicate closely with those properties. Councilor Petschel suggested that staff find a way to communicate with those property owners early on in the process. April 21, 2020 Mendota Heights City Council Page 3 of 7 Mayor Garlock moved to approve RESOLUTION 2020-30 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MARIE AVENUE STREET IMPROVEMENTS. Councilor Petschel seconded the motion. Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Motion carried. B) CONTINUE DISCUSSION OF THE 2020 FIREWORKS DISPLAY (TABLED FROM APRIL 7, 2020 MEETING) Councilor Paper moved to remove the fireworks display discussion from the table. Mayor Garlock seconded the motion. Councilor Miller aye Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Motion carried. City Administrator Mark McNeill provided a brief background on this item. At the April 7th City Council meeting, the Council chose to table for two weeks a decision on whether to have the City sponsor the annual July 4th fireworks display. Councilor Paper referenced agenda Item 9C, which states that the fireworks event is canceled. City Administrator Mark McNeill explained that the Council has not yet made that decision. He noted that this would be a separate decision. Councilor Paper asked how the company, being a nonprofit, would weigh on whether or not the company goes out of business. City Administrator Mark McNeill replied that it is his understanding that this company is a group of individuals that enjoy shooting fireworks and providing the service more as pleasure rather than attempting to make a profit. Councilor Miller commented that the City does not know what the Governor will advise and therefore it would make sense to not spend money on an uncertain event in these uncertain financial times. He stated that if the Governor provides an option in the future that would allow for this type of activity, he would support looking options at that time. April 21, 2020 Mendota Heights City Council Page 4 of 7 Councilor Duggan commented that 14 years ago, the City celebrated its 50th celebration with its first fireworks display and it has continued since that time. He stated that because of COVID-19, he would support holding off on providing the fireworks display this year. Councilor Petschel echoed the comments of Councilor Duggan. She noted that because of budget impacts and social distancing, this would not be a good year to spend money on this type of activity and would therefore defer the event for one year. Mayor Garlock agreed that the fireworks should be deferred for one year. City Administrator Mark McNeill confirmed the consensus of the Council to not hold fireworks this year and noted that he will advise the vendor as such. C) ANNOUNCEMENT OF CITY EVENT AND RECREATION SCHEDULING City Administrator Mark McNeill read aloud a written comment received from resident Michael O'Hair requesting the city allowing for the use of recreational fields by the residents. City Administrator Mark McNeill commented that this will be an unusual summer. He read aloud a draft statement by the City which addresses the cancelation of City events and recreation programs through July 6th due to the COVID-19 pandemic. Councilor Duggan commented on the importance of the morale of City staff and public safety and the spirit of the community. He congratulated everyone involved in following social distancing guidelines. He recognized a previous Councilor whose husband recently passed away. Councilor Petschel commented that she fully supports the City's statement. She stated that the portion that addresses organized sports is similar to that of the most immediately adjacent community. She recognized the challenges of having young children at home that are bored but also does not want more children to be impacted by COVID-19. She commented that it is impossible to follow social distancing while playing organized sports. She commented that while some children may become very sick, other children may carry the virus without knowing and pass it on to others. Councilor Miller echoed the comments of Councilor Petschel. He commented that he can relate to having small children at home, which is stressful to manage. He encouraged everyone to try to relax in these uncertain times, noting that the timeline will be dictated by when it is safe. Councilor Paper agreed that it is good to follow the direction from the Governor. He asked for details on the golf course operations. Recreation Program Coordinator Meredith Lawrence provided details on how the course will operate under the social distance guidelines. Councilor Paper stated that he would like to see an option for an unlimited punch card for the golf course, whether that is offered to youth golfers or to all golfers. Recreation Program Coordinator Meredith Lawrence noted that she will provide a fee proposal to the Council at the next meeting. April 21, 2020 Mendota Heights City Council Page 5 of 7 Mayor Garlock commented that the City's 5K has been postponed, noting that an email was sent out the previous night alerting previous attendees that the event has been postponed. He noted that if the July 11th date does not work, the City could attempt to reschedule again but advised that the City will go by the guidance from the Governor. Councilor Petschel stated that she thinks that the Governor will have a plan that will be phased in and once the phases are identified, it will help the City to plan better. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill provided an update on the availability of takeout food from restaurants. COUNCIL COMMENTS Councilor Miller stated that this Saturday, in accordance with the Governor's request, community members will have an opportunity to drop off homemade cloth masks at fire stations across the state, noting that the Mendota Heights Fire Department will accept mask donations from 10 a.m. to 2 p.m. Councilor Duggan wished a happy Mother's Day to everyone. Councilor Petschel stated that she has received a lot of inquiries from residents related to the current fire risk and whether recreation fires in backyards are allowed. She asked for an update on the car racing activity that took place on city streets the previous Saturday. Councilor Miller replied that residents can have recreational fires in their backyard and provided specifications on the size allowed for fire pits and the supervision requirements. He recommended that residents have a water source nearby if having a recreational fire. Police Chief Kelly McCarthy stated that for quite some time Mendota Heights Road has been used as a racetrack, which has evolved to sometimes having groups of 400 or 500 people. She stated that the City has tried different methods of enforcement and the citizens are growing increasingly weary of the situation. She provided an update on the event the previous weekend where about 200 citations for illegal activity were issued. Councilor Paper thanked all the medical professionals in Mendota Heights for continuing to do their jobs during this time. He commented that the School District and educators that have worked to develop content for distance learning. Mayor Garlock thanked staff and the Council for participation in the virtual meetings, which will continue as long as it needs to until things can get back to normal. April 21, 2020 Mendota Heights City Council Page 6 of 7 ADJOURN Mayor Garlock moved to adjourn. Councilor Duggan seconded the motion. Councilor Paper aye Councilor Petschel aye Mayor Garlock aye Councilor Duggan aye Councilor Miller aye Motion carried. Mayor Garlock adjourned the meeting at 8:06 p.m. C,)j Neil Garlock Mayor ATTEST: Lorri Smith City Cleric April 21, 2020 Mendota Heights City Council Page 7 of 7