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2021-01-12 Council MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 12, 2021 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 Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper (present in Chambers), Mazzitello, and Miller, were present virtually. OATH OF OFFICE The Oath of Office was administered to Mayor Levine and Councilors Miller and Paper. Councilor Miller thanked the community and its citizens for the opportunity to continue to serve. Councilor Paper stated that he also appreciates the opportunity that voters have given him and will continue to work to be an elected official that the community can be proud of. Mayor Levine stated she is honored for the opportunity to serve as Mayor. She stated that she is cognizant that she is part of a continued spectrum of Mayors and thanked former Mayor Garlock for his service. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Levine presented the agenda for adoption. Councilor Paper moved adoption of the agenda. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye CONSENT CALENDAR Mayor Levine presented the consent calendar and explained the procedure for discussion and approval. Councilor Duggan moved approval of the consent calendar as presented, pulling items F, G, N and S. a. Approval of December 14, 2021 City Council Work Session Minutes b. Approval of December 15, 2021 Council Work Session Minutes c. Approval of Lou December 30, 2020 City Council Special Meeting Minutes d. Acknowledge the November 24, 2020 Planning Commission Meeting Minutes e. Designation of Official Newspaper f. Designation of 2021 Acting Mayor s• Approve Resolution 2021 01 Reappointmeffts of Advisory Commissions h. Approve City Council Appointments to Commissions and Approve Resolution 2021-05 Appointing NDC4 City Representatives i. Approve 2021 Financial Items — Resolution 2021-03 Establishing 2021 Depositories of Funds, Resolution 2021-04 Accepting Pledged Securities for 2021, and Authorize Finance Director to Execute Electronic Payments and Prepay Claims j. Approve the 2021 City Council Meeting Dates k. Approve Resolution 2021-06 Approving Application for FY 2021 Dakota County Community Development Block Grant Funding 1. Approve an Amendment to the Families First Coronavirus Response Act Leave Policy m. Approve Resolution 2021-07 Approving Community Waste Abatement Application n, Approve 2021 Contractor Agreement for Building Offieial and inspection Services to A to Z Home inspection, LLC (Michael Aa4ejlea) o. Approve Resolution 2021-08 Final Payment — Accept the Town Center/Village Retaining Wall Project p. Approve November 2020 Treasurer's Report q. Approval of Claims List r. Approve December 8, 2020 Parks and Recreation Commission Meeting Minutes 81 Appf eve New Par 3 Logo t. Approve Resolution 2021-09 Authorize Grant Application to the Minnesota Historical Society (MHS) for a Heritage Partnership Program Grant for Use at Oheyawabi/Pilot Knob Councilor Mazzitello seconded the motion. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Councilor Mazzitello aye Mayor Levine aye Councilor Duggan aye PULLED CONSENT AGENDA ITEMS F) DESIGNATION OF 2021 ACTING MAYOR Councilor Duggan commented that this is an important position and did not believe it should be included on the Consent Agenda, therefore he requested that the item be pulled to allow discussion. Mayor Levine noted that her recommendation was included in the staff report to appoint Councilor Paper as the Acting Mayor for 2021. January 12, 2021 Mendoza Heights City Council Page 2 of II Councilor Duggan moved to approve DESIGNATION OF 2021 ACTING MAYOR. Councilor Mazzitello seconded the motion. Further discussion: Councilor Paper wished the same good health to Mayor Levine as the previous Mayor Garlock. Mayor Levine noted that Mayor Garlock never missed a Council meeting and had perfect attendance throughout his term. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye G) APPROVE RESOLUTION 2021-01 REAPPOINTMENTS OF ADVISORY COMMISSIONS Mayor Levine stated that she requested to pull the item in order to recognize the amount of work that is completed by the advisory commissions. She recognized the individuals that have agreed to serve an additional term. Councilor Mazzitello moved to approve RESOLUTION 2021-01 REAPPOINTMENTS OF ADVISORY COMMISSIONS. Councilor Miller seconded the motion. Further discussion: Mayor Levine thanked and recognized the members, by name, of the advisory commissions that have agreed to serve another term and extended gratitude for their continued service. A roll call vote was performed: Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye N) APPROVE 2021 CONTRACT FOR BUILDING OFFICIAL AND INSPECTION SERVICES TO A TO Z HOME INSPECTION, LLC (MICHAEL ADNREJKA) City Administrator Mark McNeill stated that the recommendation is to increase the pay from $72 to $75 per hour. He stated that it is the choice of the Council as to whether to take other action. Councilor Mazzitello asked if the proposed 4.1 percent increase would be consistent with the increases for other staff and consulting contracts. City Administrator Mark McNeill replied that the non -contract and contract employees received a three percent increase for 2021. Jan2tary 12, 2021 Mendoza Heighas City Council Page 3 of 1 Z Councilor Paper asked if the contractor asked for this increase. City Administrator Mark McNeill stated that the contractor asked for three dollars, which is how the recommendation of $75 was made. Community Development Director Tim Benetti commented that staff indicated that the contractor should complete an annual renewal which would allow for a cost of living increase consistent with City staff. The recommendation of $75 was made to provide an even number for accounting purposes. Councilor Duggan stated that considering the challenges faced by staff, in this case inspecting homes in person, he felt that an additional three dollars would be warranted although recognized that is above the typical increase for City staff for 2021. Councilor Mazzitello moved to approve 2021 CONTRACT FOR BUILDING OFFICIAL AND INSPECTION SERVICES TO A TO Z HOME INSPECTION, LLC AS PRESENTED, Councilor Paper seconded the motion. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye S) APPROVE NEW PAR 3 LOGO Councilor Duggan commented that he did not believe the Council had much discussion regarding the options for a new Par 3 logo. He did not notice which of the logos in the packet was the preferred option. Recreation Program Coordinator Meredith Lawrence noted that the Parks and Recreation Commission provided a recommendation, which is included in the packet. Councilor Miller moved to approve the NEW PAR 3 LOGO as presented. Councilor Mazzitello seconded the motion. Further discussion: Councilor Duggan asked which option the Council is being asked to support. Ms. Lawrence replied that two options are recommended as it was felt that each option would be better suited for certain materials. Councilor Paper asked if the PRC favored one option over the other. Ms. Lawrence noted that the Commission vote was split. She stated that both options were brought forward in hopes that both could be utilized. She explained that one logo would be used for items that need smaller print as that would be clearer on those items and the other logo would be used for items with more space. Councilor Duggan commented that he would prefer the top option as that would be crisp and clear and preferred having only one logo. January 12, 2021 Mendota Heights City Council Page 4 of II Councilor Mazzitello commented that he would support the recommendation from the staff as there are multiple marketing materials and would support the use of both logos. He noted that the logos are the same, one just includes additional text and would be used where there is space to support that text. A roll call vote was performed: Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye Councilor Paper aye Mayor Levine aye PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2021-02 APPROVING A CRITICAL AREA PERMIT TO DAKOTA COUNTY FOR THE BIG RIVER REGIONAL TRAILS PARK, LOCATED AT 1498 MENDOTA HEIGHTS ROAD Community Development Director Tim Benetti explained that the Council was being asked to adopt a resolution approving a Critical Area Permit (CAP) to construct a variety of trail and recreation improvements to Big Rivers Regional Trail Park. This park is situated in the Critical Area Overlay District, and is located at 1498 Mendota Heights Road, Councilor Miller moved to open the public hearing. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Miller aye Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye There being no one coming forward to speak, Councilor Mazzitello moved to close the public hearing. Councilor Duggan seconded the motion. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye January 12, 2021 Mendota Heights City Council Page 5 of I1 Councilor Duggan asked if there was consideration of the land being donated to Mendota Heights. Community Development Director Tim Benetti stated that to his knowledge the City has never been approached by the DNR or Dakota County to transfer the ownership of the land. He stated he would believe it would be best to leave the land as proposed to Dakota County, Councilor Miller commented that Lite County would have more funds to update and provide service to the facility compared to Mendota Heights. He stated that his preference would be for the County to own the land which still provides an opportunity for the residents to use the facility. Councilor Paper agreed and noted that he would not want to get in the way of residents being able to use this beautiful facility that will be constructed by the County. He asked for the approximate cost of the building. Josh Kinney, Dakota County, stated that he manages the design and construction of the greenway and parks projects for the County. He stated that the project budget is around $2,000,000 with construction costs estimated to be $1,261,050 and the building portion to be about $600,000 of that cost. He reviewed the dimensions proposed for the different functions of the building. Councilor Paper commented that this looks like a terrific facility and asked if the restrooms would be available year-round. Mr. Kinney confirmed that the restrooms would be available year-round. Councilor Paper commented that he is excited that this will be added to the park. Mayor Levine asked if the City Master Gardeners would be included in the planning of the plantings at the site. Mr. Kinney replied that they are not currently working with the local group but recognized that could be a partnership, along with the DNR. He stated that currently the plantings have been identified with the County's natural resources department, noting that all the plantings are planned to be native species and pollinator friendly. He stated that there would not be formalized gardens but they would be similar to the unmanaged emerging vegetation that is found in front of the Mendota Heights City Hall. Mayor Levine stated that she has been to the site many times but was unaware of the historical artifact. She commented that the history of the wall brings her a new sense of pride in the site. She stated that she would love to celebrate this project once it is complete, noting that perhaps someone that worked on the wall in the 1930's could be a part of that celebration. She stated that there is not a picnic area with plug -ins available in the City and asked how this area could be reserved. Mr. Kinney commented that the City and County will need to develop terms for responsibility of those type of rentals. He highlighted the high use of this site and stated that there is a large and robust interpretation overlay that will be incorporated as part of the site work. He stated that they are working with a Dakota Tribe elder to provide historical background in relation to this site. Mayor Levine commented that this is an incredible project and a great asset for the community. January 12, 2021 Mendota Heights City Couneid Page 6 of 11 Councilor Duggan moved to adopt RESOLUTION 2021-02 APPROVING A CRITICAL AREA PERMIT FOR BIG RIVERS REGIONAL TRAIL PARK —1498 MENDOTA HEIGHTS ROAD, Councilor Paper seconded the motion. Further discussion: Mayor Levine asked if the concrete on top of the wall is original. Mr. Kinney replied that the concrete was replaced during the 1970s, but the profile and appearance is historically accurate. A roll call vote was performed: Councilor Paper aye Mayor Levine aye Councilor Duggan aye Councilor Mazzitello aye Councilor Miller aye NEW AND UNFINISHED BUSINESS A) DISCUSSION OF SELECTION PROCESS FOR COMMISSION APPLICANTS City Administrator Mark McNeill explained that the Council was being asked to establish a process to determine the selection of successful candidates for openings on the Planning Commission and the Parks and Recreation Commission. He noted that the city received 19 applications. Councilor Paper proposed narrowing the talent pool down to a manageable number for interviews. He appreciated everyone that wants to be involved, but noted that it would be difficult to conduct 19 interviews in a virtual format. Councilor Duggan agreed and stated he is delighted with the number of applicants and agreed it would make sense to narrow down the pool of applicants. Mayor Levine suggested that the method the previous Council used to select the newest Council member be used, with each Councilor selecting three candidates to be interviewed for each commission. Councilor Mazzitello stated that he would also support that process. He suggested that the top five candidates r Planning Commission and top four candidates for the Park and Recreation Commission be selected by each Councilor. Councilor Miller commented that he would support that proposal by Councilor Mazzitello. City Administrator Mark McNeill confirmed that each Councilor will rank their top five candidates for Planning Commission and top four candidates for Park and Recreation Commission and send that list to staff. Staff will complete the scoring to determine the top five candidates to be interviewed for the Planning Commission and the top four candidates to be interviewed for the Parks and Recreation Commission. He asked that the Councilors provide their individual ranking to him by Monday, January 18a`. Mr. McNeill suggested a date be established for the interviews and that they be held virtually. He stated that the appointments to the Commissions should be made at the February 2"d Council meeting. January 12, 2021 Mendota Heighds City Council Page 7 of 11 The Council confirmed their availability and confirmed that the interviews will be held on Wednesday, January 27th beginning at 5:00 p.m. B) SET DATE FOR GOAL SETTING WORK SESSION City Administrator Mark McNeill stated that the Council is being asked to establish a time and date to hold a goal setting work session. Councilor Duggan commented that he would like to receive a copy of the goals established at the past two goal setting sessions prior to this work session. Councilor Paper agreed and stated that he believes it is important to hold this goal setting session. Councilor Miller agreed that this is an integral function of the Council and looks forward to this opportunity to speak to his goals and also hear the goals of the other members of the Council. Councilor Mazzitello commented that he also supports goal setting as it gives residents direction and thoughts from the Council and also provides a mechanism to keep the Council accountable. He suggested that the Council not be held to the way it has always been done and would prefer to use the 2040 Comprehensive Plan as the basis for setting goals. Mayor Levine agreed that the 2040 Comprehensive Plan represents a lot of work done by a lot of people. Councilor Paper stated that he would like the ability to bring thoughts and ideas that are not necessarily tied to the Comprehensive Plan. Mayor Levine acknowledged that the Comprehensive Plan does not speak to all actions, such as COVID and the plan to recover from the pandemic. She asked how the meeting should be facilitated and deferred to those that have participated in the process in the past. City Administrator Mark McNeill stated that staff would propose to review the document previously created two years ago as that identified 46 goals that were never formally adopted. He stated that there were 15 items identified last year. He noted that many of the items in the list from two years ago were staff driven and acknowledged the importance of the Council having its own goals. He stated that staff wi11 hold its own goal setting session and develop its own list. This session should focus on the goals for the Council. Mayor Levine agreed that makes sense as there is different work being done by staff compared to the Council. She asked about the process previously followed and whether that format was productive. Councilor Paper commented that he believes that the previous format with the outside facilitator was productive. Councilor Miller commented that he found the previous format with an outside facilitator to be a positive experience and would not recommend changes. January 12, 2021 Mendota Heighks City Council Page 8 of 11 Councilor Duggan suggested that a more reasonable number of goals be established, limiting the list to ten or 15. He stated that he also likes the idea of basing some goals on the 2040 Comprehensive Plan but would not want to exclude ideas outside of that scope. City Administrator Mark McNeill confirmed that he will reach out to the facilitator. He suggested holding the goal setting session in February. It was the consensus of the Council to hold the goal setting session on Monday, February 8th or Tuesday, February 91h at 3:15 p.m. depending upon the availability of the facilitator. It was confirmed that the meeting would be held virtually. C) UPDATE ON COVID 19 RESPONSE IN MENDOTA HEIGHTS Police Chief Kelly McCarthy provided an update on the status of the COVID-19 virus in Mendota Heights. Mayor Levine stated that everyone is waiting to ensure that the vaccine is efficiently administered to people once available. She stated that she is pleased that the police have begun to receive the vaccine. She asked if there has been opposition to the vaccine. Police Chief Kelly McCarthy replied that in a state-wide meeting she participated in related to sworn police, about 50 percent of that population was willing to take the vaccine. She stated that the department cannot mandate the vaccine but noted that about 95 percent of the Mendota Heights department has accepted the vaccine. She commented that Dakota County is doing an amazing job in distributing and administering the vaccine and taking on that lead role. Mayor Levine thanked Police Chief Kelly McCarthy for taking the time to provide this presentation. COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced that the Governor's restrictions loosened the previous day and staff will continue to watch those updates as it will impact the City's actions. He reported that City offices will be closed on January 18th in observance of the Martin Luther King Jr. holiday. COUNCIL COMMENTS Councilor Paper commented that he looks forward to working with Mayor Levine and the other members of the Council. He again thanked the residents that continued to support him in the election. Councilor Duggan congratulated Mayor Levine on her election recognizing the fresh ideas that she brings with her. He suggested the Council consider a resolution that condemns the affairs of the previous week at the U.S. Capitol. He stated that he is grateful to America and the opportunities that it has brought to him. He recognized those that have retired and stated that he looks forward to the next four years. He requested, if acceptable, that the resolution he proposed to be brought forward at the next meeting. .7anuaiy 12, 2021 Me�xdota Heights City Council Page 9 of 11 Councilor Miller welcomed Mayor Levine noting that he looks forward to the next two years. He commended public works for their work in clearing snow from the trails for resident use. Councilor Mazzitello also welcomed Mayor Levine. He asked the Community Development Director to provide an update on the Comprehensive Plan, Community Development Director Tim enettstated that at the workshop on December 30`h the Council provided input on changes to the Comp Plan. He stated that grammatical changes were requested to be submitted to staff by January 6'h noting that one Councilor submitted a number of changes. He commented that staff has been working to update the document with those changes and the updated document was provided from the consultant. He stated that the consultant noted that some of the suggestions made by the Councilor would change the spirit/intent of policy statements and the consultant is preparing a memorandum that will be distributed to the Council. Mayor Levine commented that it is an honor to be Mayor and to work with the other members of the Council and staff. She stated that she is appreciative of everyone's hard work. She commented that she was ice skating the previous day and had a great time. She also expressed appreciation to public works and parks and recreation staff for the ability to use the parks amenities during the winter months. She encouraged residents to use masks when using the parks facilities. City Administrator Mark McNeill asked if there is support from the Council to prepare the resolution as described by Councilor Duggan in his comments. Councilor Mazzitello commented that while he supports the sentiment, he would not support such a resolution as the first responsibility of the Council is to deal with the business of the City. He stated that such a proposal would dabble in national and state politics and does not believe that to be a good direction for the Council. He stated that Mendota Heights has a longstanding position of not commenting on state or national politics. Councilor Miller commented that he supports the idea but using his historical knowledge the nation has a history of such events, using the example of the events that took place during the reconstruction period following the Civil War. He stated that while he agrees and endorses with that statement by Councilor Duggan, he also agrees that the business of the Council is of the City first and foremost. He stated that he would defer to the opinion of legal counsel. City Attorney Knetsch commented that he does not see it as a legal issue but instead a policy issue for the Council to decide. Councilor Paper commented that he is sickened by what he saw the previous week and agrees with the statement of Councilor Duggan but does not feel like the support of the Council in such a resolution would impact the community and he would rather continue to move forward. Mayor Levine commented that she likes to complete actions that have tangible impact and was unsure that a statement by a Council such as this would be impactful to the national picture. She believed that the Council should focus on actions that make an impact on the community it serves and did not see the value in the Council adopting such a statement. She confirmed that the majority of the Council does not wish to pursue such action. Janaary 12, 2021 Mendota Hetghts City Cozrnci[ Page 10 of 11 ADJOURN Councilor Mazzuello moved to adjourn. Councilor Paper seconded the motion. A roll call vote was performed: Mayor Levine aye Councilor Duggan aye Councilor Miller aye Councilor Paper aye Councilor Mazzitello aye Mayor Levine adjourned the meeting at 7:43 p.m. Okw Step anie evine Mayor ATT Lorri Smith City Clerk January 12, 2021 Mendota Heighu City Coazncil Page 11 of II