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2020-09-01 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 1, 2020 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 6:00 p.m. Councilors Duggan, 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. Ayes: 5 Nays: 0 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 items j. and k. a. Approval of August 13, 2020 Council Work Session Minutes b. Approval of August 18, 2020 Council Work Session Minutes c. Approval of August 18, 2020 City Council Minutes d. Acknowledge the July 28, 2020 Planning Commission Meeting Minutes e. Acknowledge the March 10, 2020 Parks/Rec Commission Meeting Minutes f. Approve City Hall Business Hours g. Approve Resolution 2020-55 Approving Appraisal of Permanent Easements from MnDOT — Valley Park Drainage Improvements h. Approve Resolution 2020-56 Approving a Joint Powers Agreement with Dakota County for 2085 Valencour Circle i. Approve Resolution 2020-52 Approving the CARES Act Grant Agreement with Dakota County for COVID Related Election Expenses k. Appfeve Proposal from Swanson Haskamp Consulting LInG to Provide Consulting Planning Services for the Comprehensive Plan Update 1. Approval of July 2020 Treasurer's Report m. Approval of Claims List Councilor Miller seconded the motion. Ayes: 5 Nays: 0 PULLED CONSENT AGENDA ITEMS J) AUTHORIZE EXECUTION OF THE SPACE NEEDS STUDY AGREEMENT WITH CNH ARCHITECTS Councilor Duggan stated that he would like to see a not to exceed dollar amount included in the agreement. City Administrator Mark McNeill commented that the contract amount calls for $12,200 plus any reimbursable expenses. He noted that language could be added to specify that. Councilor Duggan moved to AUTHORIZE EXECUTION OF THE SPACE NEEDS STUDY AGREEMENT WITH CNH ARCHITECTS WITH THE ADDED NOT TO EXCEED LANGUAGE. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 K) APPROVE PROPOSAL FROM SWANSON-HASKAMP CONSULTING LLC TO PROVIDE CONSULTING PLANNING SERVICES FOR THE COMPREHENSIVE PLAN UPDATE Councilor Duggan stated that he understands that the City has already spent over $90,000 on the Comprehensive Plan process. He believed that much of the material could be addressed internally by staff and asked that the Council hold a workshop to further discuss what exactly is needed and whether that could be done internally. Councilor Paper noted that this was discussed in the last workshop and staff explained why this was necessary. He recognized the time and money that has been spent on this and stated that he would like to get this done right and be able to move forward without further burdening staff. Councilor Miller agreed that spending funds should be done with good stewardship, recognizing that this is a cusp of challenging economic times. He stated that completing this process is important, as is saving funds. He asked if this is something that could be done in-house by staff and stated that if the answer is no, he would be okay choosing to proceed with the expert. Councilor Petschel commented that in checking with other cities, this amount of money is considerably less than what other cities of this size have spent for this process. She stated that the Met Council has set demands that force cities to spend more resources to meet their requirements. She stated that at the last September 1, 2020 Mendota Heights City Council Page 2 of9 workshop meeting where this was discussed, staff stated that they do not have the time to complete this. She stated that there are two pieces of property that need to be reguided, in terms of use. She stated that there is some urgency in determining the guiding of the dog park. She stated that she wants to see this plan completed, noting that the residents have spent time and effort throughout this process. She stated that she believes that this is money that needs to be spent. Mayor Garlock stated that he has also heard that some cities of this size have spent about $200,000 on their Comprehensive Plan process. He stated that staff has estimated a cost of about $15,000 to complete the remaining items. He commented that this would be money well spent. Mayor Garlock moved to APPROVE THE PROPOSAL FROM SWANSON-HASKAMP CONSULTING LLC TO PROVIDE CONSULTING PLANNING SERVICES FOR THE COMPREHENSIVE PLAN UPDATE, with fees in the neighborhood of $15,000. Councilor Miller seconded the motion. Further discussion: Councilor Duggan asked if the Council would be interested in placing a cap of $10,000 on the services. He stated that the estimated cost has increased from $10,000 to $15,000. City Administrator Mark McNeill commented that $10,000 was an estimate from staff and the more accurate cost estimate was included in the staff report. He noted that staff will attempt to complete the work that could be completed in-house. Ayes: 4 Nays: 1 (Duggan) PUBLIC COMMENTS City Clerk Lorri Smith read aloud a written statement submitted by Brian Hamel of Sibley Area Youth Hockey Association, asking for the Council to reconsider allowing charitable gambling in the city. PRESENTATIONS A) COMCAST FRANCHISE RENEWAL AGREEMENT City Administrator Mark McNeill stated that for quite some time NDC4 has been in the process of negotiating a renewal of the franchise fee agreement with Comcast. He explained that the City will need to post notice of the ordinance to be considered and therefore staff proposes that the presentation occur tonight, and the Council can take action on the ordinance at its next meeting. He introduced NDC4 staff members, and NDC4 Board Member Mickey Keiffer, who, along with Councilor Paper, represented the City on the Board. Jodie Miller, NDC4 Executive Director, provided the Council with an update on the renewal of the Comcast franchise fee agreement. She stated that they have come to a mutual agreement with Comcast. She provided highlights of the elements included in the proposed agreement. She stated that they would not have achieved this agreement if they did not have the support of the City in entering into the more formal negotiation process. September 1, 2020 Mendota Heights City Council Page 3 of9 Brian Grogan, Attorney for NDC4, reported that it has been a long process, but the Cable Commission has recommended that each member city adopt the new agreement. He provided details on FCC 621 Order which became effective September 26, 2019 and reinterprets the 35 -year-old Cable Act. He noted that Mendota Heights, the other member cities of NDC4, and many other cities have appealed the order. He noted that although the order is in the process of appeal, the negotiations had to work around the order as it stands. He provided details on the Side Letter Agreement and highlighted key terms of the new Franchise Agreement. Councilor Paper noted that there has been much discussion on the Cable Commission about this process. City Administrator Mark McNeill noted that this will come before the Council for formal action at its next meeting. PUBLIC HEARINGS No items scheduled. NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-53 APPROVING A PRELIMINARY AND FINAL PLAT OF "MENDOTA HEIGHTS SENIOR LIVING" — THE LINDEN OF MENDOTA HEIGHTS, 725 LINDEN STREET AND 735 MAPLE STREET (PLANNING CASE NO. 2020-16) Community Development Director Tim Benetti explained that the Council was being asked to consider adopting a resolution approving a combined preliminary and final plat of a new subdivision to be titled "Mendota Heights Senior Living". The applicant is Grand Real Estate Advisors (GREA), doing business as MH Development LLC. Councilor Paper asked when Outlot A would be returned to the City. Mr. Benetti replied that there is not a timeline but noted that the City would want to ensure that the work in that area is completed before it is turned back. Councilor Petschel asked if there is a retaining wall within Outlot A. Mr. Benetti confirmed that there is a retaining wall within Outlot A. He stated that there would be maintenance rights deferred to the condominium association related to the retaining wall, but the retaining wall would remain in the outlot. Councilor Duggan asked if the retaining wall was repaired/rebuilt. Public Works Director Ryan Ruzek explained that the walls along the Linden Lofts ponds were built with quality boulders that will stand the test of time. He noted that the smaller walls behind the village were built with smaller boulders and were repaired. Councilor Duggan moved to approve RESOLUTION 2020-53 APPROVING THE PRELIMINARY AND FINAL PLAT OF MENDOTA HEIGHTS SENIOR LIVING LOCATED AT 725 LEADEN STREET AND 735 MAPLE STREET. September 1, 2020 Mendota Heights City Council Page 4 of 9 Mayor Garlock seconded the motion. Ayes: 5 Nays: 0 B) RESOLUTION 2020-54 APPROVING A WETLANDS PERMIT FOR 781 PONDHAVEN LANE — JOHN AND LISA STEVEKEN (PLANNING CASE NO. 2020-18) Community Development Director Tim Benetti stated the Council was being asked to consider a resolution approving a Wetlands Permit to John and Lis Steveken, owners of the property at 781 Pondhaven Lane. Councilor Duggan referenced the language related to the reestablishment of the wetland buffer and asked for details on the use of the word reestablishment. Mr. Benetti noted that a portion of the wetland buffer would be impacted and is currently not in the best condition. He stated that the applicants will work with the Natural Resources Technician to add native plantings to improve the buffer area. Councilor Duggan moved to adopt RESOLUTION 2020-54 APPROVING A WETLANDS PERMIT FOR 781 PONDHAVEN LANE. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 C) DISCUSSION REGARDING THE OPERATION OF THE ROGERS LAKE SKATEPARK City Administrator Mark McNeill stated that the Council has been asked to discuss the maintenance and operation of the Rogers Lake Skatepark. He made a presentation which outlined the history of the skate park at Rogers Lake, which also described operating issues and long term maintenance and capital needs. He also read written comments which had been received from three residents who had asked that their comments be read at the meeting. Councilor Paper stated that he received many emails from residents, and based on those emails it was nice to find out the majority of people using the park are residents. He stated that it is a community park and the users need to be aware of the community around them. There are young children using the park and they do not need to be exposed to certain activities. He stated that people have worked hard to bring new amenities to the community, and therefore he does not want to see the amenity taken away. However, he said that he recognizes that there are challenges caused by the activities of some that bring consequences to the other users of the park. He believed that this subject should go back to the Park and Rec Commission for further discussion. Councilor Miller stated that he grew up skateboarding in Mendota Heights and remembers what it was like without a skatepark. He commented that seeing the skatepark come to fruition made him happy. He stated that he loves having this amenity in the City and is not in favor of closing it or turning it into something else. He commented that he also does not want to throw money into something that needs repeated repairs because of vandalism. He commented that the people in attendance at the meeting tonight September 1, 2020 Mendota Heights City Council Page 5 of who support the park are unlikely those causing the issues. He explained that the City has finite resources and the police have limited time to put towards this park. He asked the people that are using the park responsibly to call out the people that are acting irresponsibly in order to protect this amenity. He commented that repeatedly repairing this park is not a responsible use of tax dollars. He commented that it will take a collaborative effort in order to repair and maintain this amenity. He asked that the users of the park do their best to stamp out that negative activity. He stated that everyone wants this to be successful, but if it is going to be viable going forward, changes will need to be made. Mayor Garlock commented that he received more than 60 emails from residents expressing their desire to keep the skatepark. He stated that the Council cannot condone criminal damage to property, use of drugs, and customization by users. He explained that when equipment is redesigned by the users, the City could be liable. He stated that if the users of the park want to see it remain, they should either address unlawful activity or call the police department to address the problem. He stated that some of the comments received by City staff and the Council have been inappropriate and he encouraged the users of the park to be respectful. Councilor Petschel stated that the request for Skatepark, years ago, was a grassroots effort by children that brought the idea forward to the community. She feels that the skatepark is meant to serve the children of the community. She recognized that not all children are traditional athletes and the parks should provide opportunity for all. She stated that resources have been spent on the skatepark because the City believes in that amenity. She commented that the skatepark operated for many years without any issues, and believed that the problem issues have occurred in the past two years --an increase in vandalism, concrete being added to modify features, and destruction of the portable restroom. She stated that the fencing surrounding the site was vandalized when the park was closed during COVID restrictions to the point that it was no longer structurally sound, and had to be removed. Councilor Petschel commented further that the skatepark location is remote and somewhat secluded which makes it easier for vandalism and non -legal activities to occur. She commented that there has never been this type of systematic damage to another park. She stated that the surface is aging, there have been multiple issues of vandalism and feels that the park is no longer safe. She stated that she believes that because of the needed repairs, she thinks that this would be the time for the Park and Ree Commission to review this park. She said that that process would involve public engagement. She stated that she is supportive of a skatepark, but is not convinced that this is the right location for that amenity, as it is a secluded location that makes it conducive for this negative behavior. Councilor Duggan stated that in 2003/2004, he was one of the members of the Council that voted in favor of establishing the skatepark. He stated that the Council has been challenged in the budget discussion meetings and unfortunately a skatepark sometimes falls to the bottom of the barrel. He reviewed the negative behaviors and activities that have occurred at the skatepark, noting that the most offensive that he finds is the disrespect to staff. He stated that it is heartening to see the support that has been expressed in support of this amenity. He stated that if the people want the skateboard park, they need to follow the rules. He believed that the park should be left as is until the Park and Rec Commission can review the topic and make a recommendation to the Council. He noted that the members of the public can provide their input at the Park and Ree Commission meeting. He stated that Mendota Heights has been known for many things and hoped that gracious could return and be one of those things. September 1, 2020 Mendota Heights City Council Page 6 of 9 Mayor Garlock welcomed members of the public to provide input. Kurt V ogan, 1580 Boardwalk Court, stated that he uses the skatepark. He stated that he has heard of some of the issues and has seen the trash at the park. He commented that adults and children of Mendota Heights are using the park. He agreed with the suggestion to move the park to another location because this location is so secluded. Craig Williams, 2259 Fieldstone Drive, stated that he skateboarded at a young age and was involved in a skatepark organization in the cities of Burnsville, Duluth, and Saint Paul. He stated that in each one of those instances it was to build something new, and this is the first time where he is attempting to not let something close down. He stated that he uses the skatepark and selected his home because of the proximity to it. He stated that users of the skatepark felt threatened when this topic arose. He stated that after discussions with several people, the consensus of those was that everyone wants this to be a fun and worthwhile park for all users. He commented that the negative activities are a distraction for everyone. He highlighted some of the key points from the users: to be organized and available, to establish a Board with contact information, the skatepark user website "DirtyDota" is implementing a reporting tool for different negative activities and safety concerns, and take ownership of what is occurring at the site. He noted that the Board would be willing to address safety and cleanliness themselves. He stated that they would also like to increase their participation with police in regard to deterring and reporting negative activity. He stated that they would like to reinstate signage and a positive goodwill message, in order to lead by example. He stated that they would eventually like to see a timeline of expectations and when decisions would be made. He noted that his contact information is included in his written communications. Councilor Petschel recommended that Mr. Williams contact information be provided when this moves to the Park and Rec Commission, as he seems to represent a larger volume of residents and users of the park. Adam Smith, 649 Hampshire Drive, stated that he grew up skateboarding and explained that when he was young, there were not skateparks and skateboarding was treated almost as a crime. He stated that it pains him to hear about the destruction of equipment at the skatepark. He commented that he and his son have a lot of good experiences at the park. He stated that the older children and adults have been respectful of his son and encourage him. He noted that even though the skatepark is getting old, it is in decent shape and gets a lot of use. He did not want to see the bad activity outweigh the good that occurs. Resident of 1033 Western Avenue in Saint Paul, stated that she is a roller skater and she loves the skatepark. She commented that she is new to the community and since she found the skatepark, she now frequents many other Mendota Heights businesses. She stated that she has been welcomed by the skatepark community and she now has developed friendships. She stated that the skatepark provides recreation activities for those that cannot afford traditional sports activities. She stated that many users keep equipment in their vehicles to clean up after storms and clean up trash after leaving the park. She stated that the users would like to become more organized in order to keep the park clean and deter the negative activity. She stated that she has witnessed users stop criminal activity. She stated that the users of the park want the park to flourish and are willing to put in the time. Teddy, 1643 Charles Avenue, stated that she is 52 and is a skateboarder, among many other sports activities. She stated that she works in Mendota Heights. She stated that there is a diverse community that uses the skatepark. She reviewed some of the improvements that would be needed for the park with September 1, 2020 Mendota Heights City Council Page 7 of possible additions. She stated that she loves that Rogers Lake Park provides other options like basketball, volleyball, fishing, walking, and skating. She recognized the vandalism that occurs and needs to be addressed. She stated that the users of the park are willing to make contributions to improve the park and keep it maintained. She stated that the parks are an important part of bringing people together. She asked if the equipment from this park could be moved, should a new location be chosen. Councilor Petschel confirmed that the equipment could be moved if another location is chosen. It was estimated that it would cost about $70,000 to remodel the skatepark, which is low in price compared to the price to build other park infrastructure. Councilor Petschel stated that the job of the City is to serve the entire community. She stated that those that enjoy this type of recreation deserve to be served as well. She commented that the City cannot continue business as usual because of the challenges that the park has faced in recent times and the aging equipment. She believed that this would be the perfect time to give the Park and Ree Commission an opportunity to review this park. She stated that the park should be reviewed from top to bottom; its location and community input to find the most efficient way to address these issues. Councilor Miller explained that this would go before the Park and Ree Commission for review and to make a recommendation and would then come back to the Council to make the final decision. Mayor Garlock confirmed the consensus of the Council for this to go before the Park and Rec Commission for review. Councilor Duggan asked if the skatepark would continue to operate during this time. He noted that there is not a bathroom and was unsure if a bathroom was needed for the park to remain open. City Administrator Mark McNeill noted that the park has been operating for the past few months without a restroom, and therefore while it was not ideal, he did not see the lack of a restroom as something that would require use of the skatepark to stop. Councilor Miller asked if there is a seasonal closing date for the park. Public Works Director Ryan Ruzek commented that there is not an end of season date for the skatepark and noted that even after some snowfall, users sometimes bring shovels out. Mayor Garlock encouraged users to be respectful when speaking with staff and when using the park. He commented that the skatepark should be a place where people can bring their children without seeing unlawful and criminal activity. He stated that if users see something, they need to say something. Councilor Petschel encouraged residents to pay attention to the City's social media and subscribe to the weekly updates. Councilor Paper asked if the City has any old job boxes for broom storage, noting that users could keep some of that equipment at the park if desired. Public Works Director Ryan Ruzek commented that there are some storage containers that could be purchased for a low price. September 1, 2020 Mendota Heights City Council Page 8 of Councilor Duggan asked if staff believes that this item could fit on the agenda for the Park and Rec Commission next week. Mr. Ruzek noted that the Commission will be discussing pickle ball and noted that the skatepark could fit into that discussion. The consensus of the Council was that the Parks and Recreation Commission should be directed to study both the short and long term issues at the skatepark, including the best location, and report back to the City Council. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced the upcoming outdoor movie night and noted a temporary closure of the Par 3 course for aeration. COUNCIL COMMENTS Councilor Miller thanked everyone that took time out of their schedule to come tonight and speak. He stated that clearly people are passionate about the skatepark. He asked everyone to spread the word and attempt to stop the negative activity at the park in order to keep the skatepark as a viable option. Councilor Paper thanked everyone that spoke tonight and sent emails. He stated that he does not want to see another youth activity leave the community. ADJOURN Councilor Duggan moved to adjourn. Councilor Petschel seconded the motion. Ayes: 5 Nays: 0 Mayor Garlock adjourned the meeting at 7:53 p.m. 1\\x �-Lj Neil Garlock Mayor ATTEST- Lorri Smith City Clerk September 1, 2020 Mendota Heights City Council Page 9 of