City Council Meetings

City Council Meeting May 4, 2020 6:30 PM – City Hall This regular meeting of the Winona City Council was conducted electronically pursuant to Minnesota State Statute 13D.021, following the adoption of Resolution 2020-17 Declaring a Special Emergency, as adopted by the City Council on March 16, 2020. Mayor Mark Peterson called the meeting to order at 6:30 p.m. and the Pledge of Allegiance was recited. Present: Mayor Mark Peterson, Council Members Allyn Thurley, Eileen Moeller, Michelle Alexander, Pamela Eyden, George Borzyskowski and Paul Schollmeier. Mayor’s Comments: Mayor Mark Peterson read certificate of appreciations for Carrie Putzier and Duane Chadbourn, who both retired from the City after many years of service. The Mayor announced that candidate filings for City Council will be open May 19 through June 2. The Mayor thanked all City staff and the community for their response to the Covid 19 virus situation. Mayor Peterson announced that Item 5.7 was being withdrawn from the agenda tonight. City Manager’s Comments: City Manager Stephen T. Sarvi recognized all of the City’s firefighters during International Firefighters week. He announced that the Mid West Music Fest would be holding a virtual fest this weekend. 2.1 Water’s Edge Apartments Application for Assistance On April 20, 2020, the City Council approved a resolution calling for a public hearing on Water’s Edge Apartments LLC (the “Developer) proposed Application for Assistance to construct workforce rental housing. The public hearing notice pursuant to Minnesota State Statutes 469.1812 through 469.1815 was published on Wednesday, April 22, 2020. The purpose of the hearing is to gather input on the proposal by Water’s Edge Apartments LLC request for the City of Winona to provide Tax Abatement on two parcels (Parcel ID#s 32.320.4250 and 32.315.0010) located at 602 Mankato Avenue. The Port Authority initially reviewed the project and unanimously recommended approval to the City Council. Background: The City of Winona has been working with the developer for the past 12 months to develop workforce rental housing in Winona. Beginning in April 2019, Community Development staff worked with the developer in submitting their application to Minnesota Housing Finance Agency (MHFA) for an allocation of Housing Tax Credits (HTCs). The application was submitted in June of 2019. The HTC program is very competitive and it often takes more than one submission of an application to be selected by the state. Though the state did not select the developer’s application in 2019, the developer and the City have shown a commitment to workforce housing by:  June 2019: At the request of the developer, the Planning Commission recommended and the Council approved rezoning 602 Mankato Avenue from R- 2 to R-3 as recommended in the Future Land Use Plan of the 2007 Comprehensive Plan.  May 2019: Community Development staff and the developer conducted a public input session.  May 2019: City Council passed a Resolution of Support for the developer’s application to MHFA. Regular City Council Meeting – May 4, 2020 Page 1   May 2019: The developer received letters of support from local businesses.  May 2019: The City Council approved a Resolution of support through TIF if the HTC application was approved. The developer has a purchase agreement in place to acquire two parcels (Parcel ID#s 32.320.4250 and 32.315.0010) located at 602 Mankato Avenue, contingent upon receiving an allocation of HTCs from MHFA. The developer’s plan is to construct 41 workforce rental housing units to serve a wide range of income levels and occupations such as, teachers, nurses, frontline professionals, and blue collar employees. The development would complement the numerous housing developments, such as the recent senior and market rate developments, allowing for greater housing choices in Winona and an opportunity for the 64.5% of commuters to live in Winona. The Water’s Edge Apartments would be a 3-story structure with surface parking with a mix of 1, 2, and 3 bedroom units, ranging from 600 square feet 1 bedroom units to 1000 square feet 3 bedroom units. The Water’s Edge Apartments would be rent and income restricted, available to households earning between 30% - 80% of area median income (AMI). A household of 4 earning 30% of AMI is $22,680 annually and a household of 4 earning 80% of AMI is $60,480 annually. The proposed development meets community needs as outlined in the 2007 City of Winona Comprehensive Plan’s Housing Plan, which encouraged the following:  The redevelopment of areas to construct new affordable housing;  Affordable housing to be integrated into neighborhoods to facilitate housing choices for eligible individuals;  Housing densities that will support a viable transit system;  Housing options for current and future socioeconomic sectors;  Green building practices and energy conservation;  The Comprehensive Plan’s Future Land Use Plan designates this underdeveloped parcel to be used for Urban Residential. The 2016 City of Winona Comprehensive Housing Needs Assessment noted a need for workforce rental housing in Winona. The vacancy rate for workforce units is 0% and a vacancy rate of 5% is considered normal for the rental market. In January 2018, Council approved by resolution The Mayor’s Housing Task Force recommendations for staff to work with developers using HTC’s to construct workforce housing and to utilize Tax Abatement as a gap funding source for workforce housing developers making the commitment to maintain affordable housing units on a case by case basis. Water’s Edge Apartments LLC has requested the use of Tax Abatement as a means to make the estimated $10.7 million development financially feasible. The developer is applying to MHFA for an allocation of HTCs to generate $9,491,173 in equity to fund the development, along with $14,000 in Energy Rebates and a $1,049.453 first mortgage, but a finance gap of approximately $135,674 still exists. The criteria to obtain HTCs are very competitive throughout the state and applications with local support are allocated additional points during MHFA’s review. Generally, there are significant costs associated with redevelopment projects including land acquisition, demolition, infrastructure improvements, site improvements, and construction costs. It is not uncommon for developments with rent limits, such as Water’s Edge Apartments LLC to use TIF or Tax Abatement to fill the financial gap due to the lower income generated relative to market rate housing developments. Community Development staff has worked with Taft Law and Baker Tilly to review the application for assistance and concurs that Tax Abatement assistance in the amount of $135,674 would fill the financial gap to make the development financial feasible. Tax abatement payments would be contingent upon Water’s Edge Apartments LLC receiving an allocation of HTCs from MHFA and structuring a future Development Agreement. The estimated City share of the tax on the new workforce housing Regular City Council Meeting – May 4, 2020 Page 2 development will be approximately $12,568 per year with the anticipated revenue of $135,674 over 11 years. The estimated tax abatement amount would reflect approximately 1.27% of the $10,690,300 total development costs. The Agreement would be set up as a Pay-Go whereby the City share of taxes collected would be reallocated to the developer. This is the most conservative approach and if the tax structure rate would change or be compressed, it would alleviate risk on the part of the City. Financial Information on 4d Tax Abatement: The current estimated market value of the property is $260,700, with a tax capacity of $1,955. The total estimated market value after the development has been completed is $4,500,000, with a tax capacity of $33,750. The annual tax abatement starts in 2023 and is anticipated to be $12,568. The total estimated tax abated over approximately 11 years is $135,674. While the total development costs are estimated to be $10,690,300, they are seeking up to $135,674 in Tax Abatement Granting Tax Abatement to the Water’s Edge Apartments development is in the public interest because it will increase the tax base, provide employment opportunities, and provide workforce housing. As outlined in the draft Resolution, the total abatement would be a maximum of 15 years; not to exceed $135,674. If the Council approves HTC’s development, staff would return to Council with a Development Agreement. Thereupon the Mayor opened the public hearing. Jim Vrchota, 1406 Highland Drive, member of the City’s Housing Task Force, spoke in favor of the request, citing a need for this type of housing in the city. Kelly Swarthout, representing Commonwealth Companies, thanked the Council for this consideration, and noted that the tax abatement would be counted as local shore for their state application. There being no one else present to speak to this issue, the Mayor closed the public hearing. The following resolution was then presented for Council's consideration. Resolution 2020 – 34 BE IT RESOLVED by the City Council (the "Council") of the City of Winona, Minnesota (the "City"), as follows: 1. Recitals. (a) The City proposes to approve tax abatements in connection the financing of the construction of a 41 workforce rental housing units to be located in the City (the "Project"). The City proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to fifteen (15) years in an amount not to exceed $135,674. The abatement will apply to the City's share of the property taxes (the "Abatement") derived from the property described by the following property identification numbers: 32.320.4250 32.315.0010 (the "Property") located in the City. (b) On this date, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof. (c) The Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"). Regular City Council Meeting – May 4, 2020 Page 3  2. Findings for the Abatement. The City Council of the City of Winona, Minnesota hereby makes the following findings: (a) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will increase the tax base. (c) The Property is not located in a tax increment financing district. (d) In any year, the total amount of property taxes abated by the City by this and other existing abatement resolutions, shall not exceed ten percent (10%) of net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the "Abatement Limit"). The City may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 3. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to 15 years commencing with taxes payable 2022 and shall not exceed $135,674. The City reserves the right to modify the commencement date but the abatement period shall not exceed 15 years. (b) The City will abate the City's share of property tax amount which the City receives from the Property, not to exceed $135,674. (c) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (d) The Abatement is subject to the Project receiving low income tax credits. Thereupon Alexander moved to waive the reading of the resolution and to adopt same. The motion was seconded by Eyden, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 2.2 Bradford Development – Comprehensive Plan Amendment Request City Planner Carlos Espinosa reported that Bradford Development has submitted a request to change the land use designation for three acres of land at 22839 County Road 17 from Low Density to Urban Residential. This land is part of the Bublitz Annexation area. The change is necessary to facilitate development of a proposed 36 unit senior CO-OP residential building. On April 13th, the Planning Commission voted 5-3 to recommend approval with the following findings: 1. The amendment facilitates residential development, which meets the current and future needs of Winona’s population in accordance with the Housing Section of the Comprehensive Plan. 2. Since adoption of the 2007 Comprehensive Plan, sewer and water utilities were installed adjacent to the subject property. 3. The potential uses supported by Urban Residential designation will be buffered from existing single-family homes by a 250’ buffer that supports future low- density residential development. In addition, the Commission recommended the following conditions: Regular City Council Meeting – May 4, 2020 Page 4  1. All land use, zoning, subdivision, and site plan approvals to construct a 36 unit CO-OP senior living facility with underground parking shall be obtained by May 2021; and 2. If the above condition is not met, the Comprehensive Plan Change shall be null and void. In consideration of this matter, the following alternatives are available to Council: 1. Approve the request. Under this option, a motion to adopt the findings of the Planning Commission and introduce the attached resolution of approval would be in order. A supermajority of five votes is required for this option. 2. Deny the request. Under this option, Council will need to state on the record findings supporting the denial of the request, and a motion should be made to postpone further consideration and direct staff to bring proposed findings denying the amendment to the next meeting. 3. Table the item to allow staff additional time to answer any outstanding questions. Thereupon the Mayor opened the public hearing. Mr. Espinosa gave a short presentation on the request. Eyden asked if the requested Urban Residential land use designation was the only category that would allow this type of development. Mr. Espinosa reported yes, and noted the name of the designation was sort of a misnomer. Eyden sees the need for this type of housing by did not believe fits in this area. City Attorney Chris Hood asked the Council to wait on deliberation until after the public hearing has been closed. Melissa Nelson, representing Bradford Development, reported that this project is the fifth senior housing cooperative that the company has done. She stated that they looked at a number of sites in and around Winona, and noted that their buyers are looking for a more rural setting. She noted that they have a list of 46 interested buyers for the proposed 36 units. She felt these residents would be good neighbors for the area. Becky Brewer, 22769 County Road 17, asked why they needed such a large parking area, and asked if the City could reduce the speed limit on County Road 17. Ms. Nelson replied the proposed parking was based on the City’s requirements; she also noted that Winona County would need to set the speed limit on the county highway. Alison Plemmons, 23171 County Road 17, suggested that they should have picked a site already in the City, including Garvin Heights or Valley Oaks. She was also concerned about having a 4-story building in her neighborhood. Ms. Nelson of Bradford Development replied that they wanted to keep the units more affordable and other sites in the city did not work. Jim Vrchota, 1406 Highland Drive, member of the City’s Housing Task Force, noted that the study identified a need for this type of housing and spoke in favor of the development. Fran Edstrom, 23089 Blackberry Road, asked how the company was defining affordable housing and asked how they chose the name Cedar Brook as it is not in Cedar Valley. Ms. Nelson replied that they are using the HUD definition of affordable, and noted that since they also had developed Willowbrook in the City, they wanted to keep the brook in their branding. Leon Bowman, 22827 Garvin Heights Road, did not think that a 4-story building would be compatible with this neighborhood, and that the proposed buffer of twin homes would also increase the residential density. Regular City Council Meeting – May 4, 2020 Page 5 Laura Littrell, 23273 Blackberry Road, stated that a 4-story building would not fit the area, and felt the City should exhaust all options within the city before annexing more land. Nick Larson, Community Development Specialist, reported that staff did review other sites with the developer, and noted that land downtown was too expensive to make the finances work for this project, and other property owners were not willing to sell. Marilyn Engdon, 820 River Street, Dakota, MN, stated that she and her husband had put down a deposit for a unit in the building, and they were looking forward to moving to Winona. Ms. Nelson stated that she has been working on this project for 2 years, and with very little marketing, they already have a waiting list for units. There was no one else present to speak to this issue. Thereupon the Mayor closed the public hearing. The following resolution was then presented for Council's consideration. Resolution WHEREAS, the City of Winona adopted a Comprehensive Plan in 2007 to establish a vision for development in the City of Winona over a period of 10 to 15 years; and WHEREAS, the Comprehensive Plan contains a series of recommendations in several areas including land use, economic development, environment, housing and transportation; and WHEREAS, the 2007 Comprehensive Plan designated the real property described in Exhibit A adjacent to 22839 County Road 17 as Low Density; and WHEREAS, Bradford Development submitted a petition requesting that the Comprehensive Plan be amended to designate the real property described in Exhibit A as Urban Residential; and WHEREAS, the City of Winona Planning Commission held a public hearing regarding the request for a Comprehensive Plan amendment on April 13, 2020; and WHEREAS, the Winona City Planning Commission recommended approval of the Bradford Development request that the Comprehensive Plan be amended to change the designation the designation of the real property described in Exhibit A from Low Density to Urban Residential; and WHEREAS, the Winona City Council held a public hearing regarding the request for a Comprehensive Plan amendment on May 4, 2020; and WHEREAS, section 43.06.44 B) 5) of the City of Winona City Code states that the City Council shall give reasons for its decision; and WHEREAS, section 43.06.13 E)1) of the City of Winona City Code requires applications conform with the Unified Development Code Application Manual; and WHEREAS, the City of Winona’s Unified Development Code Application Manual requires Comprehensive Plan Map Amendment applications to address the criteria noted on the application; and WHEREAS, the Comprehensive Plan Map Amendment Application states that the criteria to be considered by the City Council are the following: Regular City Council Meeting – May 4, 2020 Page 6  a) The amendment is consistent with the policies and objectives of the Comprehensive Plan; b) The amendment is being requested due to changes which have occurred since adoption of the Comprehensive Plan; and c) The amendment will not have an undue impact on the health, safety, or welfare of the community; and WHEREAS, the Winona Planning Commission made the following Findings for its recommendation of approval: 1) The amendment facilitates residential development, which meets the current and future needs of Winona’s population in accordance with the Housing Section of the Comprehensive Plan. 2) Since adoption of the 2007 Comprehensive Plan, sewer and water utilities were installed adjacent to the subject property. 3) The potential uses supported by Urban Residential designation will be buffered from existing single-family homes by a 250’ buffer that supports future low-density residential development; and WHEREAS, the Winona Planning Commission also recommended approval with the following conditions: 1) All land use, zoning, subdivision, and site plan approvals to construct a 36 unit CO-OP senior living facility with underground parking shall be obtained by May 2021; and 2) If the above condition is not met, the Comprehensive Plan Change shall be null and void. NOW THEREFORE LET IT BE RESOLVED by the City Council of the City of Winona, Minnesota that the City Council hereby adopts and incorporates herein the Findings of the Planning Commission as set forth above, and the Council hereby approves the requested amendment to the 2007 Comprehensive Plan to designate the real property described in Exhibit A as Urban Residential. Thereupon Alexander moved to waive the reading of the resolution and to adopt same. Motion seconded by Borzyskowski. Borzyskowski noted that County Highway 17 can handle the additional traffic, and noted that the City sewer and water service was extended to the golf course across the highway 10 – 12 years ago. He was confident that this development would bring in good neighbors, and supported the motion. Moeller understands the need for more housing but was not in favor of changing the Comp Plan in a willy-nilly fashion. She felt the developers had other local options, and was concerned about putting a large development at the edge of the City. Eyden agreed with Moeller that this should have been proposed for a different location. She may have been open to a 3-story building, but felt 4-stories was too high. She also noted that Wilson Township did not approve the orderly annexation request. Schollmeier sees both sides of this debate, and he knew residents who had paid a down payment for a unit there. However, he won’t support the request since the Township did not support it, and he felt the density was too high for the neighborhood. Thurley noted that the Planning Commission spent a great deal of time reviewing this request, and ultimately recommended approval to the Council. He felt that the Willowbrook development was an excellent addition to the City, and he will support the motion. Alexander felt that Council members were getting caught up in issues that will come back for review by the Council in future steps; the Council should be looking only at the Regular City Council Meeting – May 4, 2020 Page 7 land us tonight. She felt this type of housing is needed and asked Council to trust the process going forward. Borzyskowski noted that this site is less than one mile for the shopping area which includes Target, Menards and Walmart, and stressed that the road is designed for the estimated traffic. Mayor Peterson stated that he also knows a number of people who are on the list for a unit, but he felt the scale of the project was too large and doesn’t fit the area; therefore he will not support the motion. The motion failed with Mayor Peterson, Council Members Moeller, Eyden and Schollmeier voting no, and Thurley, Alexander and Borzyskowski voting aye. 2.3 Bublitz Annexation Petition This agenda item was withdrawn from the agenda due to the denial of the request made in the previous agenda item. 3.1 Reappointment to the Fine Arts Commission In a letter to the Council, Mayor Peterson indicated that he was reappointing Carrie Frederich to the Fine Arts Commission. Her term would be effective May 16, 2020 through May 16, 2023. Alexander moved to confirm the reappointment. Eyden seconded the motion, and it carried with all voting aye. 3.2 Cotter Schools Street Closure Request for Graduation Ceremony The City Clerk presented a request from Sister Judith Schaefer, President of Cotter Schools to close Vila Street between Wabasha and Howard streets on Friday, May 22, 2020 from 3:00 pm - 8:00 pm, to accommodate their graduation ceremony. Schollmeier moved to approve the request. Alexander seconded the motion, and it carried with all voting aye. 3.3 Request for Island City Beer Run .05K & 5K Assistant City Manager Chad Ubl presented a request from Island City Brewing and Four One Four Events to change the date of their run/walk event from Saturday, April 25, 2020 to Saturday, August 29, 2020 due to delays related to the Covid-19 crisis. Updated request: On Saturday, August 29, 2020, Four One Four Events and Island City Brewing will be sponsoring the Beer Run .05K and 5K run/walk. The .05K will begin at 10:00 a.m., the 5K at 10:30 a.m. and both events will end at 12:00 p.m. In preparation for the event, City Staff met with Four One Four Events and Island City Brewery. The following logistics should be noted:  The event will take place in Levee Park at the same time as the Farmer’s Market.  City Staff have obtained written permission from the owner of Jefferson’s Pub & Grill to allow use of the parking lot until 12:00 p.m.  Event organizers will notify on-route businesses via USPS. Borzyskowski moved to approve the agreement and to authorize the Mayor and City Clerk to execute the same. Schollmeier seconded the motion, and it carried with all voting aye. 3.4 License Agreement with WSU Outdoor Education Recreation Center Mr. Ubl reported that Winona State University - Outdoor Education and Recreation Center has previously had an agreement with the City to allow them to place trailers of canoes, kayaks, paddle boards, and bikes at Prairie Island Park for their students’ use. Regular City Council Meeting – May 4, 2020 Page 8 Further, Front Porch Management, the operators of Prairie Island Campground, has a desire to offer rentals to campers, guests, and the public at large. Front Porch Management plans to work with the Outdoor Education and Recreation Center at Winona State to offer rentals of canoes, kayaks, paddle boards and other recreational equipment. A draft agreement for these activities was submitted for the Council’s review. Eyden moved to approve the agreement and to authorize the Mayor and City Clerk to execute the same. Schollmeier seconded the motion, and it carried with all voting aye. 5.1 Liquor License Fees for 2020 The City Clerk’s Office has received several calls and emails from current liquor license holders regarding the upcoming renewals of their on-sale licenses, many of whom are requesting that the City reduce their fees due to the fact that they have been closed under the Governor’s emergency orders regarding the Coronavirus pandemic. Staff is proposing that all on-sale licenses be given a credit on the amount due for the license renewal based on the amount of time that they have been impacted by the shutdown. That is currently 9 weeks, and unknown as of today if that will be extended. Staff is also proposing the on-sale license fees be split into 2 payments, one due by Thursday, June 4 (which is a week later than is normally due), and the second payment due December 1. The total cost to the City for the 9-week credit is approximately $23,800. Staff will apply the credit for the 9 weeks to the first payment that is due in June, and if the state closure is extended, an additional credit would be applied on the second payment. Alexander moved to approve the request. Eyden seconded the motion, and it carried with all voting aye. 5.2 Suspend Transit Fare Collection for Balance of 2020 The City Clerk reported that on April 6, the City Council approved a policy to suspend the collection of transit fares effective April 7, 2020, until May 8, 2020, based on information received from the Minnesota Department of Transportation - Office of Transit and Active Transportation, encouraging transit systems to go fare-free during the Covid 19 pandemic. This step reduces interactions between transit drivers and riders, lessens the burdens on those facing unemployment, or those simply trying to get to the grocery store. MnDOT has received additional federal funds, appropriated in the CARES Act, to assist transit systems across the state in addressing the significant decrease in transit ridership and resulting decrease in fares. MnDOT has indicated that they will be revising the 2020 Transit grant to cover the 20% local share. Therefore, staff is suggesting that the bus fare collection be suspended for the balance of 2020. Schollmeier moved to approve the suspension of transit fares for the rest of 2020. Alexander seconded the motion, and it carried with all voting aye. 5.3 2020 Sidewalk Replacement Project-City Manager’s Recommendation City Engineer Brian DeFrang submitted the City Manager’s recommendation to construct the 2020 Sidewalk Replacement Project. The project this year includes the area between Main to Lafayette Streets, along with alleys, complaints and curb repairs. Attached is the Engineer’s Estimate. The total estimate for the project is $109,727.77. The City’s share is estimated at $80.987. This amount is included in the 2020 budget for the City’s share. This sidewalk was inspected last spring and the property owners were notified that they could do the work themselves or hire a contractor to do the sidewalk replacement prior to October 31, 2019. This project consists of those sidewalks that were not replaced. The City’s share is for alleys, curb and gutter, city property, etc. The following resolution was then presented for the Council's consideration. Regular City Council Meeting – May 4, 2020 Page 9  Resolution 2020 – 35 WHEREAS, the City Council proposes to construct the following local improvement: 2020 Sidewalk Replacement Project, and to assess the benefited property for all or a portion of the costs of such improvement, pursuant to Chapter 429, Minnesota Statutes, as amended. NOW, THEREFORE, BE IT RESOLVED by the City of Winona, Minnesota, that the proposed improvement is hereby referred to the City Manager and the City Engineer and that such persons are instructed to report to the council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Thereupon Alexander moved to waive the reading of the resolution and to adopt same. The motion was seconded by Borzyskowski, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 5.4 2020 Sidewalk Replacement Project Feasibility Report and Resolution Ordering Hearing Mr. DeFrang submitted a report on the feasibility of the proposed 2020 Sidewalk Replacement Project, the areas to be assessed, and the City Manager’s recommendation on the feasibility report. The following resolution was then presented for the Council's consideration. Resolution 2020 – 36 WHEREAS, pursuant to a Resolution of the Council adopted on May 4th, 2020, a preliminary report has been prepared by the City Engineer with respect to the following local improvement: 2020 Sidewalk Replacement Project, and WHEREAS, the report and the recommendation of the City Manager were presented to the City Council; and WHEREAS, the report provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. NOW, THEREFORE, BE IT RESOLVED by the City of Winona, Minnesota: 1. The preliminary report of the City Engineer is hereby received and the recommendation of the City Manager is hereby accepted. 2. The Council will consider the improvement in accordance with the report in the estimated total cost of $109,727.77. A reasonable estimate of the amount to be assessed to abutting property and the description of the methodology used to calculate individual assessments amount will be available at the hearing pursuant to Minnesota Statutes, Chapter 429. 3. A public hearing shall be held on such proposed improvement at 6:30 p.m. on Monday, May 18th, 2020, in the Council Chambers of the City Regular City Council Meeting – May 4, 2020 Page 10  Hall. The City Clerk is hereby directed to give mailed and published notice of such hearing and improvement as required by law. Thereupon Alexander moved to waive the reading of the resolution and to adopt same. The motion was seconded by Borzyskowski, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 5.5 Request Approval for Modification of Flood Control Structure and Occupation within Easement Director of Public Works Keith Nelson received a request from Bay State Milling for approval from the City of Winona, with Army Corps of Engineers (ACOE) review, that a monitoring well be removed and replaced within the flood control easement on their property. Additionally, the request asks that a concrete pad and electrical transformer be allowed to be constructed within the easement. Each request will be reviewed by the ACOE, if the Winona City Council provides their approval to proceed. Alexander moved to approve the request. Borzyskowski seconded the motion, and it carried with all voting aye. 5.6 Airport FBO Lease Fees Mr. Nelson reported the City is scheduled to receive a onetime grant dedicated to hardships related to the Winona Airport operations during the Covid 19 events. The grant is for the amount of $30,000 and must be used for maintenance and operations of the airport. During the Covid 19 events all operations at the airport have been suspended and reestablishment of operations is unknown and anticipated to be slow. City staff is recommending that fees normally collected from the Fixed Base Operator (B2W) be suspended for a one year period beginning immediately. That total amount of the fees collected in 12 months is $7,036. The FBO performs a valuable service to the Winona Airport and providing assistance to help the company continue its operations through and after this uncertain time is very important to the wellbeing of the Winona Municipal Airport. The following resolution was then presented for the Council's consideration. Resolution 2020 – 37 WHEREAS, a Federal grant for Airport operations and maintenance has been designated for the City of Winona, and WHEREAS, it is beneficial to the Winona Airport to assist the Winona Fixed Base Operator to continue local operations, NOW THEREFORE LET IT BE RESOLVED that the normal lease and rental fees charged to the Winona Fixed Base Operator be waived for 12 months starting May 8, 2020. Thereupon Thurley moved to waive the reading of the resolution and to adopt same. The motion was seconded by Alexander, and carried with all voting aye. Thereupon the Mayor declared the resolution duly adopted. 5.7 Donation of Retaining Wall Section This agenda item was withdrawn from the agenda at the request of staff. 7.1 Council Concerns Thurley noted that it is International Firefighters week, as well as Teacher Appreciation week, and he thanked everyone working in these professions. He encouraged everyone to fill out the national Census if they have not yet done so. Thurley stated that he has served on the City Council from 1990 to 1995, and again from 2000 to the present, and he announced that he was not planning to file for reelection at this time. Regular City Council Meeting – May 4, 2020 Page 11 Moeller wished everyone happy Stars Wars Day. She noted with the weather turning nice, more people are using the city trails, and she asked if dogs the city leash law applied to the trails. Mr. Ubl replied yes, as well as on the bike path. Eyden announced that the Mid West Music Fest would be held via Zoom, and she was looking forward to watching some of the concerts. Schollmeier noted that today is the 50 anniversary of the Kent State University shooting at a Viet Nam war protest. He said that we should remember all the casualties of the war, just as we should remember that all the causalities of the Covid 19 virus are people. Alexander relayed complaints about truck traffic on Harvester Street. She encouraged the public to get outside and enjoy gardening. Borzyskowski congratulated Carrie Putzier and Duane Chadbourn on their retirements from the City, and wished them well in the future. 8.1 Consent Agenda The City Clerk presented the Consent Business Agenda as follows: Item No. 8.1: Approval of Minutes – April 20, 2020. Thurley moved to approve the consent agenda. Alexander seconded the motion, and it carried with all voting aye. The time being 8:05 p.m. and there being no further business to come before the Council this evening, Borzyskowski moved to adjourn. Alexander seconded the motion, and it carried with all voting aye. Monica Hennessy Mohan City Clerk Mark F. Peterson Mayor Regular City Council Meeting – May 4, 2020 Page 12