2017-11-21 Council Packet
CITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
November 21, 2017
7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approval of November 7, 2017 City Council Minutes
b. Acknowledge October 10, 2017 Parks and Recreation Commission Meeting Minutes
c. Acknowledge September 13, 2017 Airport Relations Commission Meeting Minutes
d. Approval of Wetland Delineation for 954 Wagon Wheel Trail
e. Approval of Wetland Delineation for Ivy Hills Park
f. Approval of Ordinance 516 No Parking on Cygnet Lane
g. Approval of Ordinance 517 Through Streets and Stop Streets in Somerset Neighborhood
h. Approval of Amended Joint Powers Agreement for Recycling Coordinator Services
i. Award Professional Services Contract for the Ivy Hills Park Pond Improvements
j. Approval of Resolution 2017-97 Deferring Assessment at 2552 Concord Way
k. Approval of Resolution 2017-98 Certifying Delinquent Sewer Accounts
l. Approval of Resolution 2017-99 Certifying Delinquent Water Accounts
m. Acknowledgement of October 2017 Fire Synopsis
n. Approval of October 2017 Treasurer’s Report
o. Approval of Claims List
6. Public Comments
7. Public Hearing - None
8. New and Unfinished Business
a. Resolution 2017-95 Approving the Final Plat of Mendota Heights Apartments, 2160 and
2180 HWY 13
9. Community Announcements
10. Council Comments
11. Adjourn
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, November 7, 2017
Pursuant to due call and notice, 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. Councilmembers Miller and Petschel were also
present. Absent: Councilmembers Duggan and Paper.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda. Councilmember Petschel moved adoption of the agenda.
Councilmember Miller seconded the motion.
Ayes: 3
Nays: 0
Absent: 2
SWEARING IN OF NEW POLICE OFFICERS
Chief of Police Kelly McCarthy introduced the police officers to be sworn in: Officer Peter Renteria,
Officer Cara Hogan, and Officer Anthony Patton. Mayor Garlock presided over the swearing in.
Councilmember Petschel welcomed the new officers.
CONSENT CALENDAR
Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval.
Councilmember Petschel moved approval of the consent calendar as presented and authorization for
execution of any necessary documents.
a. Approval of September 5, 2017 City Council Minutes
b. Approval of October 5, 2017 City Council Special Meeting Minutes
c. Approval of October 16, 2017 City Council Closed Session Minutes
d. Approval of October 17, 2017 City Council Minutes
e. Approval of October 30, 2107 City Council Special Session Minutes
f. Approval of October 30, 2017 City Council Closed and Work Session Minutes
g. Acknowledge September 26, 2017 Planning Commission Minutes
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h. Acknowledge October 11, 2017 Planning Commission Special Workshop Minutes
i. Approval for City to act as Fiscal Agent for Mendota Heights Fire Relief Association
j. Approve the Purchase of Portable Radios for Fire Department
k. Approval of Recreation Program Coordinator Hire
l. Accept the Resignation of Police Officer Michael Shepard
m. Approval of City Hall Masonry Study
n. Approval of the September 2017 Treasurer’s Report
o. Approval of Claims List
Councilmember Miller seconded the motion.
Ayes: 3
Nays: 0
Absent: 2
PUBLIC COMMENTS
Mr. John Apitz, 1831 Hunter Lane, thanked the Council for the decision denying the development of the
Olin property, known as Orchard Hill. On behalf of the neighborhood, he expressed appreciation for the
job well done for the neighborhood.
Ms. Susan Kopher, 2162 Lemay Lake Drive, expressed concern about the Michael Development parcel.
She explained that many of her neighbors have had opportunities to attend meetings and they have
concerns. They believe the development is too large for the site. They are concerned about vehicle
traffic and would like a traffic study completed and an analysis before the development goes forward.
The neighborhood also has concerns about the nearby wetlands, runoff could be considerable, and the
steep grade from this property down to Lemay Lake may cause contaminants to reach the lake. She
questioned where all of that water would go. She also expressed concerns about exceptions given to the
developer for setbacks.
She and her neighbors requested that the City Council consider this again before making a decision on
allowing this development.
Mr. Gerald Reed, 2050 Acacia Drive, expressed concern about the huge changes to the R-3 zoning
areas. He did not believe that the Council had the residents in mind when making those changes.
Ms. Eliza Campbell, Augusta Shores, commented that this development does not seem to be in line with
the goals of the City. She asked that the Council review their original goals and think about those as they
make decisions.
Mr. Steve Treichel, 2174 Lemay Lake Drive, asked what the thought process was in allowing the
variance on a wetland parcel to high density housing. City Attorney Tom Lehmann replied that the City
does not typically reply to public comments. There is also litigation going on with regards to this issue
and the Council cannot answer any questions at this point until the litigation is resolved.
Mr. Richard Kopher, 2162 Lemay Lake Drive, stated that adding more traffic from a new development
is going to make it more difficult to get access to Highway 13. At a minimum there should be stop signs
at Lemay Lake, Acacia, and Highway 13. This would slow down the traffic.
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Ms. Nancy Sloan, 2073 Acacia Drive, stated their neighborhood has a lovely ambience. She has
concerns about a large complex, the large amount of parking, and the lack of trees and plantings
interspersed in the parking area. It does not lend itself to the ambiance that the City is known for.
Mr. Thomas Smith, Hampshire Drive, noted that previous mayors have been dedicated to maintaining
the special character of Mendota Heights. He expressed his hope that the Mayor would listen to the
comments made in favor of the special character and low density development in the City. Mr. Smith
noted that the vote on Michael’s Development apartments, the Mayor has betrayed the record of his
predecessors and adopted a position that favors the developer rather than the residents. This city is
almost completely built-out and does not need more density development. He urged the Mayor and
Council to think about whether or not they want to continue the tradition of the special character of this
City.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2017-96 APPROVING A CRITICAL AREA PERMIT FOR SEAN
HOFFMANN, 711 WOODRIDGE DRIVE (PLANNING CASE NO. 2017-26)
Community Development Director Tim Benetti explained that this was a request from Mr. Sean
Hoffmann seeking a Critical Area Permit to construct a new pergola, fence, and to help remove some
invasive plants and trees in his back yard. The property is located within the Mississippi River Critical
Corridor, which requires a Critical Area Permit for any activity of this nature.
Mr. Benetti shared images of the subject parcel with the bluff line highlighted. The property is zoned
single-family residential and is just over a half-acre in size. It currently includes a 2,870 square foot
home and a dual access drive off of Woodridge Drive.
To the rear of the property are two retaining walls that were installed a number of years ago due to a
landslide event. Mr. Hoffmann is trying to prevent another event by removing some of the invasive
plantings and vegetation that is growing into the retaining walls. He also wishes to install a backyard
fence to protect his family. The wooden pergola structure to be installed is not subject to a building
permit, but would still be approved under this critical area permit. It is more of a landscape feature and
would be installed and anchored on the existing concrete patio. It would not affect the bluff line.
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Councilmember Miller asked if native plants or grasses would be planted to replace the removed trees
and invasive plants. Mr. Benetti replied that he believes the intent was to just remove the invasives at
this point. However, Mr. Hoffmann is relying on a trained arborist to do that work.
Mr. Sean Hoffmann, applicant, commented that the retaining wall area is heavily wooded and the plan is
to just remove the invasive materials and put down herbicide.
Councilmember Miller moved to adopt RESOLUTION 2017-96 APPROVING A CRITICAL AREA
PERMIT TO SEAN HOFFMANN TO ALLOW CERTAIN CONSTRUCTION AND REMOVAL
ACTIVITIES IN THE CRITICAL AREA OVERLAY DISTRICT (711 WOODRIDGE DRIVE).
Mayor Garlock seconded the motion.
Ayes: 3
Nays: 0
Absent: 2
B) APPROVAL OF 2018-2019 TEAMSTERS LABOR AGREEMENT
FOR PUBLIC WORKS EMPLOYEES
Assistant City Administrator Cheryl Jacobson explained the revised labor agreement with Teamsters
Local 320, which represents the Public Works employees. Staff worked with Teamster representatives
to clean up the contract language. Some of the negotiated items included a wage increase of 2.5% as a
cost of living adjustment for 2018 and 2019, changes to position classifications, a new pay scale for the
Public Works Maintenance Worker position, with a one-time pay increase of $.50 at step 1, deleted
“working out of class” and implemented a one-time hourly increase of $.20, increased the clothing
allowance by $10 per year for 2018 and 2019 and added a boot allowance of $100 annually with a
carryover from year to year, up to a maximum of $200, added a new article – Injury on Duty pay, and
added Appendix A Drug and Alcohol Testing policy.
Councilmember Petschel asked if reflective clothing with City identification on them had been added as
discussed earlier. Ms. Jacobson noted that the outermost layer would need to be reflective and safety
wear, as well as identified as Mendota Heights employees.
Mayor Garlock moved to approve the 2018-2019 labor agreement between the City of Mendota Heights
and the Teamsters Local 320.
Councilmember Miller seconded the motion.
Ayes: 3
Nays: 0
Absent: 2
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill welcomed Recreation Program Coordinator Meredith Lawrence,
adding that the department is taking registrations for the gymnastics program and outdoor skating
lessons. The department is also looking for an ice skating instructor. Residents are urged to attend the
Mendota Heights Lights being held on December 2nd at The Village.
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COUNCIL COMMENTS
Councilmember Petschel noted that she attended Ms. Evelyn Fisher’s 100th birthday party. Ms. Fisher
was a long-time election judge for the City. Ms. Petschel also stated that she attended the Firefighter’s
Dance and noted that a good time was had by all.
She attended the open house last night regarding Lone Oak Road and saw the plans that the County is
considering, that would involve Eagan, Inver Grove Heights, and Mendota Heights, in widening Lone
Oak Road to accommodate what is going to be a future development in Eagan. Interestingly, they had a
mapping of the Vikings facility and many of the assumptions that the EAW that was done on the
Vikings facility are reflected in the mapping. She came away feeling like there is still no clear
identification of where the official entrance and exit to that PUD is going to be.
Councilmember Miller noted that Saturday is Veteran’s Day and encouraged everyone to thank a
veteran.
ADJOURN
Mayor Garlock moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 3
Nays: 0
Absent: 2
Mayor Garlock adjourned the meeting at 7:47 p.m.
____________________________________
Neil Garlock
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
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CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING
October 10, 2017
The October meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday,
October 10, 2017, at Mendota Heights City Hall, 1101 Victoria Curve.
1. Call to Order – Chair Pat Hinderscheid called the meeting to order at 6:30 p.m.
2. Roll Call – The following Commissioners were present: Chair Pat Hinderscheid, Commissioners Steve
Goldade, Ira Kipp (arrived at 6:58 pm), Bob Klepperich, Stephanie Levine, David Miller, and Nissa Tupper.
Also present student representative Clair Dunham. Staff present: Assistant City Administrator Cheryl
Jacobson and Public Works Director Ryan Ruzek.
2a. Introduction of Nissa Tupper
Chair Hinderscheid introduced Ms. Nissa Tupper as the newest Parks and Recreation Commissioner.
Commissioner Tupper shared a brief account of her background and experience.
3. Approval of Agenda
The agenda was approved as presented
4. Approval of Minutes from September 12, 2017
Motion Miller/Second Levine to approve the minutes of the September 12, 2017 Parks and Recreation
Commission meeting. AYES 6: NAYS 0
5. Unfinished and New Business
5a. Emerald Ash Borer Policy Discussion
Public Works Director Ryan Ruzek shared the City of Mendota Heights Ash Tree Management Policy that
had previously been adopted on May 24, 2016. The current policy does address if an Ash Tree has been
identified as being infected with EAB in the City Parks, that the City would remove the trees and replace
with a variety of species. Boulevard trees would be cut down but would not be replaced.
An inventory of a majority of the City right‐of‐ways and parks for Ash Trees was completed in August
2015.
Mr. John Boland, with the Public Works Parks Department, is a certified applicator to treat EABs. For the
City to treat some Ash trees itself would require an upfront cost of approximately $800 to purchase the
necessary equipment and then would cost approximately $5 per diameter inch of tree to treat and
would require treatment every two years.
Staff is looking for direction on how to determine what trees should be saved versus what should be
removed and if removed, whether or not they should be replaced. Some criteria to keep in mind is
whether the tree is located in a heavily wooded area or in a stand‐alone situation. The Commission
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could also decide to let the Parks Supervisor use his discretion. Input from the public and others on any
particular tree would be welcomed.
Budgeting sources; the Parks Department has $30,000 budgeted in 2018 for tree removals but would
only cover trees that a contractor is hired to remove. This budgeted amount covers all trees within the
City – not just Ash Trees. If deemed small enough for city staff to remove, there would be no additional
charge – it would be considered as part of their regular activities. From a cost benefit analysis, the City is
part of a study group through the University of Minnesota trying to determine if the infection spreads
through a wall of treatment. Treatment effectiveness is undetermined at this point. A tree with at least
50% of its canopy intact is a good candidate for treatment.
Commissioners asked clarifying questions on the number of trees, their location and age, how long the
treatments would last and their effectiveness, where the infected trees are located, the possibility of
partnering with the public, and cost analysis on treatment versus removal.
Suggestion was made to take a count of the number of Ash Trees that are actually located on City
property within the boulevards and then schedule a treatment program for any of them that may be
infected now and in the future. Also, if a tree is located on private property and has to be removed
because of infestation, encourage the homeowner to replace the tree with the goal of ‘no net loss of
trees’.
The Commission directed staff to:
Research and provide the number of trees that had been planted in the City parks within the last 12‐
24 months, regardless of species;
To rework sections IV and V of the policy, keeping in mind the goal of keeping the nice aesthetics
that the City enjoys;
Talk with a contractor and find out what they would charge to treat the trees;
Check with West St. Paul on how and where they received the deal for homeowners to treat their
trees;
Research the possibility of providing a program that the City could partner with to remove the
younger Ash Trees from private properties but then offer a discount or some kind of City‐wide
pricing program on a set number of species that could be put in as replacements;
Research the cost and hassle needed to treat the older trees for a number of years – sort of lessen
the liability down the road
5b. Ivy Hills Park – Pond Dredging and Drainage Improvements
Public Works Director Ryan Ruzek shared improvements that staff has been doing at Ivy Hill Park. There
has been a lack of stormwater treatment on this pond, which collects drainage from West St. Paul and
the Dodd/Delaware intersection – a regional pond. This is the treatment source before it outlets on the
other side of Sylvandale Road and becomes part of Ivy Hills Creek. Staff received a number of calls
regarding a bad smell coming from the pond, which they investigated and pumped down a couple of
times this summer. They discovered that the pond is full of sediment.
Staff proposed that the pond be dredged out, which would require the following steps:
1. Since this pond does show up on as a natural wetland on the NWI (federal wetland inventory), a
wetland delineation would need to be completed. Staff has received consultant approval to
begin the delineation project
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2. Once completed, staff would need to send the delineation report out to all of the other agencies
for concurrence
3. Complete sediment testing looking for potential contaminants. If free of contaminants, there is
a low area that is currently ponding water on the north end of the park where the sediment
could be placed; thus potentially saving the City from installing a storm sewer system
4. Permitting process
5. Hiring a contractor to dredge the pond
6. Restoration work in the spring
None of the work listed above would take the nearby baseball field off‐line.
5c. Parks, Recreation, and Programming
Pickleball Courts – Chair Pat Hinderscheid noted that there had been some conversations about
Pickleball and Commissioner Steve Goldade had forwarded an article showing how it is really catching
on and has become very popular. Chair Hinderscheid suggested having a discussion about having a
dedicated Pickleball Court somewhere.
Commissioner comments:
Let’s keep the ones we have going – Marie and Friendly Hills – in the paved hockey arenas. It was
noted that there has been a problem with water at Marie and that Friendly Hills is not striped for
pickleball.
Question was asked as to how often the courts are used for pickleball – is the capacity keeping up
with the demand.
The hockey arrangement is a half‐measure. Conversation should be had with actual pickleball
players to determine if the hockey arenas are working for them.
It was agreed that research should be completed to determine the need for additional pickleball courts
– get feedback from residents.
6. Reports
6a. Parks and Recreation Commission Activity Report
Chair Hinderscheid had shared the log of action items with the Commissioners and asked if there were
any questions or comments; of which there were none.
6b. Par 3 Update
Ms. Cheryl Jacobson, Assistant City Administrator provided an update on the facility by stating that it
continues to be open as transition occurs into the fall months. Course maintenance was performed on
September 25th and 26th with aerating taking place. That project was wrapped up on September 27th.
Par 3 has been working with the Master Gardeners to look at how to clean up the natural garden area
and the rain garden. They provided a list of recommendations. Course maintenance staff is working on
the fall items provided. In the spring, the Master Gardeners will hopefully being doing a volunteer event.
Fall hours have started, which 9:00 am to 5:00 pm, with the fall rates in place. The plan is to close the
course on October 31.
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Finances and utilization of the course has dropped significantly; however, the number of greens fees in
September 2017 was up 16% over September 2016 but down 38% from August 2017.
Questions were asked about other months year‐over‐year numbers and other creative ways of
promoting use of the course over the fall and winter.
6c. Recreation Updates
Ms. Cheryl Jacobson, Assistant City Administrator explained that there was supposed to be a discussion
with Landscape Structures and Flagship Recreation this month; however, it was rescheduled to the
November meeting.
Details for the ribbon cutting ceremony for the new pedestrian tunnel was included in the Commissions
information packet; along with a flyer on the “Name the Tunnel” contest.
Recreation staff has been working on MEA‐break field trips, partnering with the Cities of West St. Paul
and South St. Paul. Sadly, because of a lack of participants, the Crayola Experience and Swimming event
scheduled for Wednesday, October 18 has been cancelled.
The Bunker Hills Stable event on Thursday, October 19 is still available. Information and sign up is
available at City Hall or on the City’s website [www.mendoa‐heights.com]
Information on the Bench Dedication Program, Recreation Program Coordinator Position Posting,
Shuffleboard, and Marie Park Tennis Courts was also included in the report.
7. Announcements and Commission Comments
Commissioner Goldade welcomed Nissa Tupper to the Commission. Kudos were expressed for the
Bench Donation program. He also loved the idea of a tree planting program to continue to plant trees in
the City. He also expressed his excitement for the tunnel grand opening.
Commissioner Kipp would like to have more information about the cost of the possible replanting of a
different variety of trees to replace the Ash Trees that will be lost to the EAB.
Commissioner Klepperich believes that the discussion on the Emerald Ash Borer was very helpful and
expressed his appreciation to Mr. Ruzek for putting up with all of their questions. He also welcomed
Nissa Tupper to the Commission.
Commissioner Miller also welcomed Ms. Tupper. He noted that it has been nice to have conversations
with more information available then was had at times in the past. To be data‐driven is a very helpful
and necessary thing.
Commissioner Levine echoed the welcome to Ms. Tupper. One of the things that she learned is that
when one is cleaning their garden in the fall to let some of the stuff sit rather than raking up everything
as this becomes good homes for pollinators to winter. Also, with all of the conversations around
pickleball and tennis, etc. keep in mind that the schools are doing this as well and they have facilities
that could be made available. She also did a shout‐out to the Henry Sibley High School tennis team for
doing a bang‐up job this season.
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Commissioner Tupper expressed her appreciation to everyone for their warm welcome to the
Commission. She also liked all of the information available as she gets used to all of the process and the
issues.
Chair Hinderscheid echoed everyone’s welcome to Nissa Tupper. He was also glad that the Commission
is taking another look at the Emerald Ash Borer issue. He appreciated Mr. Ruzek for being in attendance
and feels that there is a strong connection between the Park and Recreation and the Public Works.
8. Adjourn
Motion Levine/Second Miller to adjourn the meeting at 7:40 PM. AYES 7: NAYS 0
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION MINUTES
September 13, 2017
The regular meeting of the Mendota Heights Airport Relations Commission was held on
Wednesday, September 13, 2017 at Mendota Heights City Hall.
1. Call to Order
Chair David Sloan called the meeting to order at 7:00 pm.
2. Roll Call
The following commissioners were present: David Sloan, Sally Lorberbaum, William Dunn,
Arvind Sharma, Jim Neuharth, Gina Norling and Kevin Byrnes.
Absent: None
Guest Present: Scott Norling
Also present: City Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson
3. Approval of Agenda.
There were no additions or corrections.
4. Approval of Minutes
Approval of Minutes August 9, 2017 Meeting
Motion by Norling/Second by Neuharth to approve the minutes of the August 9, 2017 ARC
meeting, with a noted correction of the date in the heading. Motion carried 6‐0;
Lorberbaum abstained.
5. Unfinished and New Business
a. Follow‐up from August Norling Presentation –12L Departure Noise Abatement
Procedure
Chair Sloan reported that he, Ms. Jacobson, and Mr. McNeill had met on September
8th with Chad Leqve and Dana Nelson to review the proposal which had been
created by Scott and Commissioner Norling. He reported that they were advised to
have NOC Representative Jay Miller forward the information to Dana Nelson, and
request that it be considered for the 2018 NOC Workplan. Ms. Nelson said that
there were 17 similar requests which were considered for the 2017 Workplan.
It was determined that Councilor Miller would be invited to meet with the Norlings,
City staff, and Chair Sloan to be informed about the proposal. October 11th was
suggested as a possible date.
page 13
Commissioner Lorberbaum noted a verbiage change needed on the second to the
last slide of the presentation…”this could lead to increased use of the existing flight
paths”.
Motion/second Norling/Dunn to bring the proposal to NOC Representative Miller,
with the change as noted. Motion carried 7‐0.
b. Update on Meeting with MAC Staff of Sept 8, 2017
In addition to the above, it was reported that the Fairskies group of noise advocates
is pursuing a 55 dbl footprint to be designated by the MAC.
c. Airport Operational Statistics
i. Operational Charts—Commissioner Sharma noted that operations in June
actually went down 1.5%, which was the first decline in months.
Commissioner Neuharth questions why 12L was above the Upper Control
Limit? Chair Sloan suggested waiting until the NOC meeting the following
week, where an explanation might be heard.
ii. Complaint Information—Ms. Jacobson review on‐line information, and
compared the format to the previous line graphs. It was determined that the
revised look was easier to follow, but that it would be better to have the
chart dates which the City could report in chronological order. Ms. Jacobson
agreed to make the change.
iii. Turboprop Information. Turboprop charts were reviewed. Commissioners
Sharma and Dunn questioned whether the reporting was the same—those
showed only 56 planes for the entire month. Commissioner Neuharth
volunteered to follow‐up with Brad Juffer of MAC.
iv. Noise Monitor Charts
Review of the Noise Monitor charts was tabled until the next meeting.
6. Acknowledge Receipt of Various Reports/Correspondence
The August 21, 2017 MAC Board meeting; the July 19, 2017 NOC Meeting; the Technical
Advisors Report; the Eagan/MH Departure Corridor Analysis Report; and Crossing in the
Corridor Analysis were reviewed.
7. Upcoming Meeting
There was discussion about whether to go to a meeting every other month, or stay with the
monthly. It was determined that keeping it monthly was easier to plan for. Therefore,
approximately two weeks in advance of the meeting, a notice would be sent by staff to
inquire whether there was business to consider. If there was nothing pressing, the Chair
and City Administrator could choose to cancel the ensuing meeting.
It was suggested that our state legislators should be invited to the January meeting.
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8. Public Comments
There were no members of the public present.
9. Commissioner Comments
No additional comments were made.
10. Adjourn
Motion by Dunn/Second by Lorberbaum to adjourn at 8:37 PM. Motion carried 5‐0
Minutes Taken By:
Cheryl Jacobson, Assistant City Administrator
page 15
REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Accepting Wetland Delineation Report for 954 Wagon Wheel Trail
COMMENT:
INTRODUCTION
The Council is asked approve a Wetland Conservation Act (WCA) permit application for boundary
and type of wetland at 954 Wagon Wheel Trail.
BACKGROUND
The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the
Minnesota Wetland Conservation Act (WCA). A wetland delineation report for 954 Wagon Wheel
Trail was submitted to the city for approval and acceptance.
The property is a 3.72-acre parcel on Rogers Lake in Mendota Heights. A new single family home is
proposed on the site to replace an existing older home.
DISCUSSION
The National Wetland Inventory (NWI) data showed two potential water features on the site. The
purpose of this report was to determine if wetlands truly exist on the site. A professional consultant
was hired by the developer and they determined that the features do exist and delineated the
boundaries. Staff met with Dakota County SWCD on site and concurred with the boundaries as
submitted in the report.
BUDGET IMPACT
None, this process is a judicial requirement of the city. If council accepts the report, a Notice of
Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army
Corps.)
RECOMMENDATION
Staff recommends that council approve and accept the report as submitted by Kjolhaug
Environmental Services Company, Inc. for their determination of wetland boundaries and direct staff
to issue the Notice of Decision.
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion accepting the
delineation report and authorizing staff to issue a Notice of Decision. This action requires a simple
majority vote.
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876
874872
878
880882884886888890892894
896874
876
87
4
872876
880
874
8
7
28
728
7
4
878
880
Figure 2 - Existing Conditions (2016 MnGeo Photo)
954 Wagon Wheel Trail (KES 2017-128)
Mendota Heights, Minnesota
Note: Boundaries indicated
on this figure are approximate
and do not constitute an
official survey product.
¯0100
Feet
Source: MnGeo, ESRI Imagery Basemap
Wetland 1
2.01-ac
includes deep water
Wetland 2
0.59-ac
SP2
SP1
habitat
page 17
REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Accepting Wetland Delineation Report for the Ivy Hills Park Pond
COMMENT:
INTRODUCTION
The Council is asked approve a Wetland Conservation Act (WCA) permit application for boundary
and type of wetland.
BACKGROUND
The City Council of Mendota Heights is the Local Governmental Unit (LGU) that administers the
Minnesota Wetland Conservation Act (WCA). A wetland delineation report for the Ivy Hills Park
pond was authorized by City Council at their October 17, 2017 meeting.
The Ivy Hills Park property is an 8.8-acre parcel in Mendota Heights. The site is located at 645
Butler Avenue. The pond is proposed to be dredged to remove accumulated sediment.
DISCUSSION
The National Wetland Inventory (NWI) data showed a potential water feature on the site. The
purpose of this report was to determine if wetlands truly exist on the site. A professional consultant
was hired by the City and they determined that the feature does exist and delineated the boundaries.
Staff met with Dakota County SWCD on site and concurred with the boundaries as submitted in the
report. The dredging project will be considered a no-loss and not require a replacement plan.
BUDGET IMPACT
None, this process is a judicial requirement of the city. If council accepts the report a Notice of
Decision will be sent to respective agencies (Dakota County SWCD, BWSR, LMRWMO, Army
Corps.)
RECOMMENDATION
Staff recommends that council approve and accept the report as submitted by Emmons & Oliver
Resources, Inc. for their determination of wetland boundaries and direct staff to issue the Notice of
Decision.
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion accepting the
delineation report and authorizing staff to issue a Notice of Decision. This action requires a simple
majority vote.
page 18
Ivy Hills Park Wetland Delineation October 18, 2017
EOR: water | ecology | community Page | 12
Figure 3-1. The delineated wetland complex has an area of 0.45 acres within the study area.
page 19
REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Ordinance 516: Cygnet Lane – No Parking on West Side
COMMENT:
INTRODUCTION
The Council is asked to approve Ordinance 516 amending City Code; Title 6, Chapter 3, Section
3 Prohibiting Parking on the West side of Cygnet Lane.
BACKGROUND
Cygnet Lane is a 24 foot wide roadway. Parking is currently not restricted. If cars parked on
both sides of the street there would not be sufficient room for vehicle traffic.
DISCUSSION
The Traffic Safety Committee (TSC) is recommending the City Council approve Ordinance 516
prohibiting parking on the West side of Cygnet Lane. The property owner at 901 Cheri Lane
(northwest corner of Cygnet Lane and Cheri Lane) expressed concerns with the parking
restriction. During holidays they have guest who would not all be able to use the driveway for
parking and there is a fire hydrant on Cheri Lane which prohibits parking at that location. The
property owner could apply for a no fee special event permit for these times.
BUDGET IMPACT
Public Works would need to purchase and install 2-3 “No Parking” signs at approximately $150
each (two posts, sign, and hardware).
RECOMMENDATION
The Traffic Safety Committee (TSC) recommends that No Parking be approved for the West side
of Cygnet Lane.
ACTION REQUIRED
Staff recommends that the city council pass a motion adopting Ordinance 516, “AN
ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE”.
This action requires a simple majority vote.
page 20
City of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 516
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
The following streets are hereby added to Title 6, Chapter 3, Section 3, Paragraph C of the City Code:
Parking prohibited on Certain Streets: No person shall park or leave standing any motor
vehicle on the following streets or portions thereof in the City:
Street Side Location
Cygnet Lane West Wagon Wheel Trail to Cheri Lane
Adopted and ordained into an Ordinance this 21st day of November, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By___________________________
Neil Garlock, Mayor
ATTEST:
______________________________
Lorri Smith
City Clerk
page 21
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City of Mendota Heights:
To Whom it May Concern,
As Mendota Heights residents whose homes are located on the streets of Wagon Wheei Trail and Cheri
Lane, and also have property lines that border Cygnet Lane. We wouid like to recommend tHat you
change your proposed placement of signage from "no parking" on the entire west side of Cygnet Lane to
read "no parking here to corner', and place those signs 20 or 30 feet from the corner of Wagon Wheel
Trail and Cygnet Street., on both sides of the street (Cygnet Lane) Leaving parkin� available on both
sides of the street from that point, and south to Cheri Lane
We do not feel it is in our best interest as we are the only 4 houses impacted by parking on Cygnet Lane.
It would be very inconvenient especially during family gatherings for all families that resided at these
locations (and have been for over 30 years), we would not have enough available parking near our
residents when needed.
Thank you for your consideration on this matter.
Sincerely,
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REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Ordinance 517: Somerset Neighborhood – Assign Through Streets and Stop
Streets
COMMENT:
INTRODUCTION
The Council is asked to approve Ordinance 517 amending City Code; Title 6, Chapter 3, Section
1 designating through streets and stop streets in the Somerset neighborhood.
BACKGROUND
The Somerset neighborhood has a number of intersections that currently are not controlled. The
Traffic Safety Committee (TSC) is recommending that stop signs be placed at two intersections
to assist with traffic calming and safety.
DISCUSSION
A number of residents from the Somerset neighborhood attended the TSC meeting on October 9,
2017 to discuss safety concerns in their neighborhood. The TSC is recommending the city install
stop signs on Somerset Road at Staples Avenue and Hingham Circle at Staples Avenue as shown
on the attached map. Intersections to be added include:
Through Streets Stop Streets
Staples Avenue Somerset Road
Staples Avenue Hingham Circle
BUDGET IMPACT
Public Works would need to purchase and install four stop signs at approximately $150 each
(two posts, sign, and hardware).
RECOMMENDATION
The Traffic Safety Committee (TSC) recommends that stop signs be installed at the identified
intersections. See residents comments received on November 17, 2017.
ACTION REQUIRED
Staff recommends that the city council pass a motion adopting Ordinance 517, “AN
ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 1 OF THE CITY CODE”.
This action requires a simple majority vote.
page 23
City of Mendota Heights
Dakota County, Minnesota
ORDINANCE NO. 517
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 1 OF THE CITY CODE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
The following streets are hereby added to be designated as through streets and Stop streets to Title 6,
Chapter 3, Section 1 of the City Code:
A. Through Streets And Stop Streets Designated:
Through Streets Stop Streets
Staples Avenue Somerset Road
Staples Avenue Hingham Circle
B. All-Way Stop Intersections:
Dorset Road and Staples Avenue
Adopted and ordained into an Ordinance this 21st day of November, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By___________________________
Neil Garlock, Mayor
ATTEST:
______________________________
Lorri Smith
City Clerk
page 24
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REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Recycling Coordinator Services – Amended Joint Powers Agreement (JPA)
COMMENT:
INTRODUCTION
The City Council is asked to approve a JPA which allows the City to continue to utilize a shared
recycling coordinator position with the Cities of West St. Paul and South St. Paul and is being
amended to add Sunfish Lake.
BACKGROUND
The City Council approved a JPA in January of 2017 to join forces with the Cities of West St. Paul
and South St. Paul on a shared Recycling Coordinator position for 4 hours per week plus
benefits.
Mendota Heights received $16,000 in community funding from Dakota County in 2017 to assist
in its recycling efforts. This funding was used for this position, cleanup day and other recycling
efforts in the parks and city buildings.
DISCUSSION
The adopted 2018 preliminary budget includes an increase in hours for Mendota Heights with this
shared position from four hours per week to approximately 10.5 hours per week (33 percent of 32
hours). Sunfish Lake is also requesting to join the three cities at approximately one hour per week.
The position will remain as a West St. Paul employee.
Community funding for recycling services from Dakota County has been approved to increase from
$16,000 to $30,263.
BUDGET IMPACT
The 2018 Mendota Heights preliminary budget does include $18,200 in funding for the increased
hours (estimated at 175 percent of $19/hour for 546 hours per year).
RECOMMENDATION
I recommend that the City Council authorize continued and increased participation in a shared
recycling position with the Cities of West St. Paul and South St. Paul, for 10.5 hours per week
and include the addition of Sunfish Lake to the four City JPA.
page 34
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the attached AMENDED JOINT
POWERS AGREEMENT TO PROVIDE RECYCLING COORDINATOR SERVICES to
be executed by the Mayor and City Clerk. This action requires a simple majority vote.
page 35
AMENDED JOINT POWERS AGREEMENT
TO PROVIDE RECYCLING COORDINATOR SERVICES
THIS AMENDED JOINT POWERS AGREEMENT TO PROVIDE RECYCLING
COORDINATOR SERVICES (Agreement) is made and executed this day of ,
2017, by and among the City of West St. Paul (“West St. Paul”), the City of South St. Paul
(“South St. Paul”), the City of Mendota Heights (“Mendota Heights”) and the City of Sunfish
Lake (“Sunfish Lake”) (hereinafter individually referred to as a “City” and collectively referred
to as the “Cities”).
RECITALS
WHEREAS, on October 10, 2016, West St. Paul and South St. Paul entered into a joint
powers agreement entitled “Agreement to Provide Recycling Coordinator Services,” which was
amended on February 27, 2017 to add Mendota Heights; and
WHEREAS, Sunfish Lake has expressed interest in joining with South St. Paul, West St.
Paul and Mendota Heights in sharing the services of a Recycling Coordinator to assist with
performance of basic recycling program related services within Sunfish Lake; and
WHEREAS, West St. Paul, South St. Paul, and Mendota Heights have agreed to enter
into this Agreement with Sunfish Lake, which shall replace the February 27, 2017 Agreement;
and
WHEREAS, each City receives Dakota County Community Funding grants to assist in
performing basic recycling services.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows:
AGREEMENT
1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statutes §471.59.
2. PURPOSE. The purpose of this Agreement is to provide recycling coordinator services
for the Cities.
3. RECYCLING COORDINATOR SERVICES. A Recycling Coordinator will be hired as
an employee of West St. Paul, and shall perform the basic services of the recycling
program (the “Program”) for the Cities.
A. Hours. The Recycling Coordinator shall work approximately thirty-two (32)
hours per week, allocated for each City as follows:
page 36
City Allocation of Time
West St. Paul Thirty-two percent (32%)
South St. Paul Thirty-two percent (32%)
Mendota Heights Thirty-two percent (33%)
Sunfish Lake Three percent (3%)
B. Program Services. The basic Program Services include Dakota County
Community Funding work plan requirements as outlined in the annual
Community Funding Joint Powers Agreement, which may change from year to
year.
C. If any of the Cities desire additional services outside of the scope of the basic
Program Services, then such City may enter into a separate agreement concerning
those services, or may enter into a written amendment of this Agreement to
incorporate the additional services.
4. FINANCE.
A. South St. Paul, Mendota Heights and Sunfish Lake shall use their respective
Dakota County Community Funding grant monies to reimburse West St. Paul for
the costs of wages, benefits and other costs necessary to employ the Recycling
Coordinator and operate the Program, the costs of which are identified on
Exhibit A. By June of each year, the Cities shall meet to review the Program
and establish a budget for the following year. Subject to any reductions in
Section 4C, West St. Paul shall invoice the remaining Cities pursuant to the
percentage allocations identified in Section 3A and each City shall pay the invoice
within thirty (30) days. West St. Paul is authorized to pay claims submitted by
the Recycling Coordinator.
B. West St. Paul shall act as fiscal agent and shall maintain a separate fund for the
purpose of operating the Program.
C. Any grants received (other than the Dakota County Community Funding) will be
apportioned among the Cities in accordance with the percentage each City pays
for the total cost of the Program, and shall reduce each City’s contribution to the
costs of the Program proportionately.
5. CONTRIBUTIONS OF FACILITIES BY CITIES.
A. Each City shall determine which of its assets will be available to the
Program, but at a minimum each City will provide a workspace with appropriate
office supplies and equipment to allow the Recycling Coordinator to fulfill the
requirements of the Program. It is expected that the Recycling Coordinator will
spend at least one day a week officing in each City, with the final schedule to be
determined at a later date.
page 37
B. Each City shall maintain public liability insurance coverage on the assets made
available for the Program.
C. Assets made available to the Program will be promptly returned to the City
that provided them upon that City’s withdrawal from the Agreement.
D. The Recycling Coordinator will be supervised by the designated contact in West
St. Paul, in coordination with the primary contact in the remaining Cities.
Required safety, legal and related reporting shall be through the designated
contact in West St. Paul. Each City shall, annually and upon any changes, identify
the supervisor and primary contacts in their City.
6. PERSONNEL. West St. Paul shall establish standards and qualifications for its
personnel. The Recycling Coordinator shall be deemed an employee of West St. Paul
and shall be subject to the personnel and other policies of West St. Paul.
7. INSURANCE AND INDEMNIFICATION.
A. General Liability Insurance. Each City agrees to maintain in force
comprehensive general liability insurance equal to or greater than the maximum
liability for tort claims under Minn. Stat. §466.04, as amended
B. Workers’ Compensation Insurance. Each City shall be responsible for injuries to
or death of its own employees. Each City shall maintain workers’ compensation
coverage or self-insurance coverage, covering its own employees while they are
providing services pursuant to this Agreement. Each City waives the right to
sue the other Cities for any workers’ compensation benefits paid to its own
employee or their dependents, even if the injuries were caused wholly or partially
by the negligence of the other City or its officers, employees or agents.
C. Indemnification. Each City shall be liable for its own acts to the extent
provided by law. The Cities agree to indemnify and hold harmless each other
and each other’s respective employees, trustees, directors, officers,
subcontractors, agents or other members of its workforce, each of the foregoing
referred to as “indemnified party,” against all actual and direct losses suffered by
the indemnified party and all liability to third parties arising from or in
connection with any breach of this Agreement or from any negligence or
wrongful acts or omissions by the indemnifying party or its employees,
trustees, directors, officers, subcontractors, agents or other members of its
workforce in connection with the indemnifying party’s performance under this
Agreement.
Accordingly, on demand, the indemnifying party agrees to reimburse the
indemnified parties for any and all actual and direct losses, liabilities, lost profits,
fines, penalties, costs or expenses (including reasonable attorneys’ fees) which
may for any reason be imposed upon any indemnified party by reason of any
page 38
suit, claim, action, proceeding or demand by any third party that results from the
indemnifying party’s breach of any provision of this Agreement or from any
negligence or wrongful acts or omissions by the indemnifying party or its
employees, trustees, directors, officers, subcontractors, agents or other members
of its workforce in connection with the indemnifying party’s performance under
this Agreement.
Under no circumstances, however, shall a City be required to pay on behalf of
itself and other parties to this Agreement any amounts in excess of the limits of
liability established in Minn. Stat.§ 466.04. The limits of liability for some or
all of the Cities shall not be added together to determine the maximum amount of
liability for any one City.
8. DURATION. Any City may withdraw from this Agreement as of December 31 of any
year. Written notice of termination must be given to the other Cities at least ninety (90)
days prior thereto.
9. TERMINATION OF AGREEMENT. In the event of termination, all surplus funds
shall be distributed to the Cities in proportion to the amount contributed over the
lifetime of the Agreement, in relation to the contributions made by the Cities. Property
obtained under this Agreement shall be distributed to the Cites in the same manner.
10. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all
prior agreements among the Cities related to the Recycling Coordinator, including the
October 10, 2016 and the February 27, 2017 Agreements.
11. NO PRESUMPTION AGAINST DRAFTING CITY. The Cities acknowledge that: (a)
this Agreement and its reduction to final written form are the result of extensive good-
faith negotiations among the Cities through themselves and/or their respective legal
counsel; (b) said Cities and/or their legal counsel have carefully reviewed and examined
this Agreement prior to execution; and (c) any statute, common law, or rule of
construction which provides that ambiguities are to be resolved against the drafting
City(ies) shall not be employed in the interpretation of this Agreement.
12. GOVERNING LAW AND VENUE. This Agreement shall be govern and construed in
accordance with the laws of the State of Minnesota without regard to its conflict of laws
provision. The Cities agree that any action arising out of this Agreement or with respect
to the enforcement of this Agreement shall be venued in the Dakota County District
Court, State of Minnesota.
13. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which when so executed shall be deemed to be an original and the counterparts
shall together constitute one and the same agreement.
14. EXECUTION OF ADDITIONAL DOCUMENTS. The Cities are to execute and
deliver to the other party, as requested, any additional documents and/or instruments
page 39
that may reasonably be determined as necessary to consummate this transaction.
[remainder of page intentionally blank]
page 40
Dated: CITY OF MENDOTA HEIGHTS
By:
Neil Garlock
Its: Mayor
By:
Lorri Smith
Its: City Clerk
page 41
EXHIBIT A
JOINT FEES/ANNUAL EXPENSES
2018
A. Salary $
B. Benefits (PERA/FICA) $
C. Membership – Recycling Association of MN $
D. Printing/Promotions – generic materials $
E. Mileage Reimbursement $
F. Phone Monthly Fee Reimbursement $50/mo. $
G. Misc. $
TOTAL PROJECTED EXPENSES $
Fees to be divided pursuant to the percentage allocations identified in Section 3A of the
Agreement.
page 42
REQUEST FOR COUNCIL ACTION
DATE: November 21, 2017
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Award of a Professional Services Contract for the Ivy Hills Park Pond
Improvements
COMMENT:
INTRODUCTION
The Council is asked to award a contract for the design, surveying, testing and construction
management for the Ivy Hills Park Pond Improvement Project.
BACKGROUND
Staff has received a number of calls regarding the pond in Ivy Hills Park having a sulfur odor.
This typically occurs when bacteria grows in a non-oxygenated environment. Staff assessed the
pond and discovered that the lowest pond skimmer outlet is not functioning due to excessive
sediment build up in the pond. Public Works crews pumped the pond down multiple times this
summer to allow oxygen to reach the sediment. The excessive sediment is recommended to be
removed.
DISCUSSION
Staff developed a Request for Proposals (RFP) on the project and invited two firms to submit
proposals. Both firms submitted quotes for this project.
Consultant Total Fee
Barr Engineering Co. $24,910.00
Emmons & Oliver Resources $29,862.00
Both firms submitted thorough and complete proposals and each addressed concerns and gave
ideas on proceeding with the project. Staff would be comfortable awarding the project to either
firm but is recommending Barr Engineering based on the lower cost of their proposal.
BUDGET IMPACT
The dredging of the pond would be paid for through the Storm Water Utility Fund. The city
currently has $80,000 budgeted for pond maintenance.
RECOMMENDATION
Staff recommends that council accept the proposal from Barr Engineering for the proposed not-
to-exceed price of $24,910.
page 43
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion authorizing staff to
enter in to a contract with Barr Engineering. This action requires a simple majority vote.
page 44
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page 48
DATE: November 21, 2017
TO: Mayor, City Council and City Administrator
FROM: Ryan Ruzek, P.E. Public Works Director
SUBJECT: Resolution 2017-97 Deferring Street Rehabilitation Assessment at 2552
Concord Way
INTRODUCTION
The Council is asked to approve resolution 2017-97, deferring the street rehabilitation
assessment at 2552 Concord Way for the Kensington neighborhood street improvement project.
BACKGROUND
State statue allows residents do defer special assessments for undeveloped property, senior
citizen, permanent and total disability, military service, and green acres.
DISCUSSION
Staff has received a written request from Ms. Garvey for a total disability deferment of the
assessment against her property for the Kensington rehabilitation street project. Ms. Garvey,
who lives at 2552 Concord Way, (property ID number 27-41600-04-034) is asking the City
Council to defer the assessment of $851.28 that was levied against her property. The attached
resolution would defer the making of the assessment for this property. The deferred assessment
would be recorded at Dakota County with the property.
BUDGET IMPACT
The city will carry the special assessment until the title of the property transfers to a new owner.
At the closing for the title transfer, the assessment must be paid in full with all accrued interest.
RECOMMENDATION
Staff recommends that Council adopt the resolution deferring the street rehabilitation assessment
at 2552 Concord Way.
ACTION REUQIRED:
If Council wishes to enact the staff recommendation, it should pass a motion adopting
RESOLUTION 2017-97 DEFERRING THE MAKING OF ASSESSMENT FOR THE
PROPERTY LOCATED AT 2552 CONCORD WAY (PID 27-41600-04-034) FOR THE
KENSINGTON STREET IMPROVEMENT PROJECT (PROJECT NO. 201409). This
action requires a simple majority vote.
page 49
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2017-97
RESOLUTION DEFERRING THE MAKING OF ASSESSMENT FOR THE PROPERTY
LOCATED AT 2552 CONCORD WAY (PID 27-41600-04-034) FOR THE KENSINGTON
STREET IMPROVEMENT PROJECT (PROJECT NO. 201409)
WHEREAS, the City Clerk, with the assistance of the Public Works Director has calculated
the proper amount to be specifically assessed for the Kensington Street Improvements Project No.
201409; and
WHEREAS, the assessment roll for said improvements has been filed with the City Clerk
and at all times since its filing has been open to public inspection; and
WHEREAS, a hearing on said assessments was duly held at 7:00 p.m. on October 30, 2017,
at the City Hall in the City of Mendota Heights, MN and;
WHEREAS, Ms. Garvey, is the owner of certain property more particularly described as
Parcel No. 27-41600-04-034, the legal description of which is following described property situated
in Dakota County, Minnesota;
Kensington PUD L-34 B-4, Kensington Manor Homes Condo File #104 Unit #34 1.0249% int being
pt of lots 5,6,7,8,9,10 & 11 Blk 2 & lots 1,2,3,4, & 5 Blk 3 & outlots C, D & pt of outlot B,
Kensington PUD & outlot F Kensington PUD 2nd Lot
WHEREAS, Ms. Garvey, has requested that the making of an assessment against said
property by reason of total disability be deferred until such time as the assessment term has expired,
the property sold, or otherwise transferred in tittle ownership
NOW THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of
Mendota Heights, Minnesota as follows:
1. That the assessment roll for said improvements (Improvement No. 201409) be corrected
to defer the making of an assessment at this time against the property of Ms. Garvey
(parcel no. 27-41600-04-034) for the street rehabilitation improvements.
2. That upon the future sale of title transfer of said property there shall be levied an
assessment in the principal amount of $851.28, plus interest at the rate of four point one
zero five percent (0.04105) per annum from October 30, 2017.
3. That the City Clerk is hereby directed to correct the assessment roll for said
improvements as set forth above.
Adopted by the City Council of the City of Mendota Heights this 21st day of November 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By: _______________________________
ATTEST: Neil Garlock, Mayor
____________________________
Lorri Smith, City Clerk
page 50
MEMO
DATE: November 21, 2017
TO: Mayor, City Council and City Administrator
FROM: Lorri Smith, City Clerk
Sharon Hinze, Utility Billing Clerk
SUBJECT: Delinquent Utility Charges
DISCUSSION:
There are currently 56 delinquent sewer accounts totaling $21,064.06 to be certified to Dakota County for
collection with property taxes per City Code 10-3-7. In the year 2016, we certified approximately $25,417.84 of
delinquent sewer charges to Dakota County for collection with property taxes.
Further, per City Code 10-5-5, the City is authorized to certify to Dakota County for collection with property
taxes and any unpaid costs for water charges that are past due to the Board of Water Commissioners of the
City of St. Paul. There are 35 water accounts with the Board of Water Commissioners of the City of St. Paul
totaling $4,328.06 to be certified this year. In the year 2016, we certified approximately $3,729.64 of delinquent
water charges to Dakota County for collection with property taxes.
In addition, per City Code 4-3-4B, the City is authorized to certify to Dakota County for collection with
property taxes any unpaid costs for the cutting and removal of weeds, grass and other vegetation. However,
there are no delinquent weed accounts to be certified this year.
Per City Code and City Ordinance, we have included in these amounts all balances, interest and late charges.
The total amount of said utility charges shall be paid with general taxes for the year 2017 and collectable in
2018. Per City Code and City Ordinance, letters were sent to property owners of sewer accounts past due in
excess of two quarters, notifying them that if the delinquency was not paid by November 6, 2017, the amount
due, plus seven percent (7%) interest and a $50.00 charge will be certified to Dakota County for collection with
property taxes.
ACTION REQUIRED:
It is recommended that the city council approve the attached Resolutions:
RESOLUTION NO. 2017-98 “RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.”
RESOLUTION NO. 2017-99 “RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.”
page 51
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-98
A RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA
COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES
WHEREAS, under the provisions of City Code 10-3-7 adopted by the City Council of the City
of Mendota Heights on February 18, 2003, it is provided that if sewer rental charges due to the
City for the use of the City’s sewer system are not paid within thirty (30) days after the mailing
of a billing statement thereof, the same shall be collected and the collection thereof enforced in
the same manner and in all respects as county and state real estate taxes, subject to like penalty,
cost and interest charges; and
WHEREAS, the City Clerk has advised the City Council that the total sewer rental charges due
to the City as of October 6, 2017, has been sent to the last known owner of said properties and
that more than thirty (30) days has elapsed since the mailing of said statement; and
WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota,
Minnesota, and the parcel identification number of said properties, and the total amount of
sewer rental charges due for each said parcel through November 6, 2017, are more particularly
described as follows:
PARCEL ID NUMBER AMOUNT DUE
27-71275-02-260 $431.60
27-69703-01-020 $396.02
27-02500-26-020
$396.02
27-17150-02-070 $374.70
27-17150-02-100 $396.02
27-03800-29-020 $396.02
27-72700-02-050 $396.02
27-18600-01-210 $339.12
27-19810-01-100
$483.54
27-42100-08-130 $396.02
27-03800-13-020
$447.32
27-76402-02-030 $472.26
27-37650-04-020 $264.46
27-37650-05-030 $396.02
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27-22450-02-050 $477.70
27-41200-01-030 $507.34
27-38600-04-070 $396.02
27-38600-04-100 $314.34
27-17100-02-090 $235.52
27-17100-01-210 $442.56
27-71150-14-030 $500.32
27-71150-13-050 $314.34
27-76402-03-190 $311.50
27-76401-00-050 $396.02
27-31300-02-100 $396.02
27-32800-01-080 $396.02
27-46500-01-010 $318.62
27-42100-08-070 $396.02
27-54200-01-071 $396.02
27-17150-06-140 $396.02
27-44955-03-030 $317.00
27-42100-03-030 $477.70
27-42100-04-030 $477.70
27-48600-01-120 $321.26
27-64750-01-010 $314.34
27-27800-05-090 $396.02
27-64600-02-170 $659.72
27-64600-02-230 $329.12
27-18301-01-200 $396.02
27-27800-18-060 $396.02
27-28400-05-050 $228.36
27-02600-51-051 $396.02
27-27800-19-130 $314.34
27-27800-12-070 $475.14
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27-19850-04-030 $437.32
27-18301-05-060 $531.22
27-64550-00-150 $421.44
27-23365-01-320 $396.02
27-18302-06-110 $499.12
27-04100-36-011 $89.86
27-04000-25-010 $458.10
27-03900-15-010 $160.78
27-73200-11-266 $256.74
27-42050-01-020 $126.42
27-17850-00-250 $133.56
27-37600-06-180 $275.20
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. That the total of said utility charges set forth above is hereby adopted and confirmed as
the proper unpaid utility charges due for the above-described properties through
November 6, 2017, for each of said lots, pieces and parcels of land shall be a lien
concurrent with the general taxes upon such parcels and all thereof.
2. That the total amount of said utility charges shall be payable with general taxes for the
year 2017 collectable in 2018.
3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a
certified copy of this Resolution with the request that each of said amounts shall be
extended upon the property tax lists of Dakota County to be thereafter collected in the
manner provided by law.
4. That a $50.00 service charge and seven percent (7%) interest has been added to each
delinquent utility account in accordance with Ordinance No. 356 amending Ordinance
No. 803.
Adopted by the Mendota Heights City Council this 21st day of November, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
page 54
____________________________________________
Neil Garlock, Mayor
ATTEST
_____________________________________________
Lorri Smith, City Clerk
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-99
A RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA
COUNTY AUDITORS FOR COLLECTION WITH REAL ESTATE TAXES
WHEREAS, under the provisions of City Code 10-5-5 adopted by the City Council of the City
of Mendota Heights on April 19, 2016, it is provided that if water charges are past due to the
Board of Water Commissioners of the City of St Paul and are not paid within thirty (30) days
after the mailing of a billing statement thereof, the same shall be collected and the collection
thereof enforced in the same manner and in all respects as county and state real estate taxes,
subject to like penalty, cost and interest charges; and
WHEREAS, the City Clerk has advised the City Council that the total water charges due to the
Board of Water Commissioners of the City of St Paul as of the middle of October 2017 has been
sent to the last known owner of said properties and that more than thirty (30) days has elapsed
since the mailing of said statement; and
WHEREAS, said properties are all situated in the City of Mendota Heights, County of Dakota,
Minnesota, and the parcel identification number of said properties, and the total amount of
water charges due for each said parcel through the middle of November 2017, are more
particularly described as follows:
PARCEL ID NUMBER AMOUNT DUE
27-38600-03-022 $109.48
27-71000-020-70 $158.68
27-71150-140-30 $83.74
27-54200-010-71 $162.76
27-42100-081-30 $133.46
27-57500-021-70 $117.48
27-17100-012-10 $137.14
27-42100-040-30 $166.34
27-03800-290-20 $101.50
27-76402-020-70 $69.52
27-76401-000-50 $145.46
27-17150-041-70 $69.52
27-37650-050-30 $130.78
27-84300-002-00 $162.48
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27-54200-010-81 $119.16
27-32800-010-80 $143.96
27-23365-030-30 $171.02
27-45300-000-70 $69.52
27-03500-020-20 $73.52
27-38600-040-70 $105.50
27-17151-040-10 $119.16
27-37676-010-90 $117.48
27-71275-021-50 $85.50
27-19850-030-20 $113.48
27-27800-110-30 $133.46
27-27800-030-60 $108.16
27-27800-200-11 $85.50
27-27800-200-50 $145.46
27-27800-120-70 $113.48
27-03800-360-51 $165.44
27-16400-001-22 $68.30
27-19810-011-00 $170.60
27-04100-360-11 $146.70
27-28400-050-50 $154.90
27-41604-010-80 $169.42
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. That the total of said water charges set forth above is hereby adopted and confirmed as
the proper unpaid utility charges due for the above-described properties through the
middle of October 2017, for each of said lots, pieces and parcels of land shall be a lien
concurrent with the general taxes upon such parcels and all thereof.
2. That the total amount of said water charges shall be payable with general taxes for the
year 2017 collectable in 2018.
3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a
certified copy of this Resolution with the request that each of said amounts shall be
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extended upon the property tax lists of Dakota County to be thereafter collected in the
manner provided by law.
Adopted by the Mendota Heights City Council this 21st day of November, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
____________________________________________
Neil Garlock, Mayor
ATTEST
_____________________________________________
Lorri Smith, City Clerk
page 58
Request for City Council Action
DATE: November 21, 2017
TO: Mayor and City Council, City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: October 2017 Fire Synopsis
COMMENT:
Fire Calls
The department responded to 23 calls for the month. Of those calls, 18 were located in Mendota
Heights, two in Sunfish Lake and two in Lilydale. In addition, we were called to a structure fire
in Inver Grove Heights. We provided mutual aid to our neighboring department by supplying a
water tender and personnel. Thirteen of the 23 calls were either good intent or false alarms, four
of the calls were EMS in nature (two were on 494 and involved serious accidents). Utility
checks and power line issues made up the remaining four calls for the month.
Monthly Department Training
Our monthly department drill occurred at public works and involved having three stations set up
allowing firefighters to set up and operate three different “master streams”. Our master streams
have the potential of putting out massive amounts of water (up to 1,250 gallons per minute).
Each master stream has a different application where they would work best, and this drill
allowed the firefighters to work with the pros and cons of each option.
Monthly Squad Training
The squad drill for October was a SCBA (our air packs) confidence drill. As part of this drill,
firefighters are blindfolded in full gear and are required to follow a hose line through an obstacle
course identifying equipment that they come upon. In addition, they need to be able to take off
their air packs while blindfolded to get through small spaces. Firefighters then put their packs
back on after they get through the restricted area. Their packs are put back on blindfolded and
with gloves on. The SCBA is the only source of breathing air in a fire, so we spend a significant
amount of time making certain firefighters are competent and confident when the equipment is
used.
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MENDOTA HEIGHTS FIRE DEPARTMENT
OCTOBER 2017 MONTHLY REPORT
FIRE CALLS NO. 17224 -17246 NUMBER OF CALLS:23
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $163,300
Structure - Contract Areas $50
Vehicle - MH $2,000
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
MEDICAL
Assist 3 $0 $0 $0
Extrication 1
HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS
Spills/Leaks 1
Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$0 $165,350
Chemical
Power Line Down 3 MEND. HTS. ONLY STRUCT/CONTENTS $155,800
FALSE ALARM
Residential Malfunction MEND. HTS. ONLY MISCELLANEOUS $9,500
Commercial Malfunction 1
Unintentional - Commercial 1 MEND. HTS. TOTAL LOSS TO DATE $165,300
Unintentional - Residential 2
Criminal BILLING FOR SERVICES
GOOD INTENT
Smoke Scare 1 AGENCY THIS MONTH TO DATE
Steam Mistaken for Smoke
Other 9 MN/DOT $0
MUTUAL AID 1 MILW. RR $0
CNR RR $0
TOTAL CALLS 23 OTHERS:
$0
LOCATION OF FIRE ALARMS:TO DATE LAST YEAR
TOTALS:$0 $0
MENDOTA HEIGHTS 18 185 158
MENDOTA 0 9 3 FIRE MARSHAL'S TIME FOR MONTH
SUNFISH LAKE 2 14 22
LILYDALE 2 26 16 INSPECTIONS 45
OTHER 1 12 12
INVESTIGATIONS
TOTAL 23 246 211
RE-INSPECTION
WORK PERFORME HOURS TO DATE LAST YEAR
MEETINGS
FIRE CALLS 298 3516 3171.5
MEETINGS 53.5 378.5 336 ADMINISTRATION 13
DRILLS 127.5 1531.25 1643.5
WEEKLY CLEAN-UP 24 327.5 371.5 SPECIAL PROJECTS 2.5
SPECIAL ACTIVITY 347.75 1962.25 2336.25
ADMINISTATIVE 0 0 TOTAL 60.5
FIRE MARSHAL 60.5 475 416
TOTALS 911.25 8190.5 8274.75 REMARKS:SEE OTHER SIDE FOR SYNOPSIS
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DATE: November 21, 2017
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Final Plat Approval of “Mendota Heights Apartments”
Michael Development, LLC –Planning Case No. 2017-19
Introduction
The City Council is asked to approve the final plat of a new subdivision to be titled “Mendota Heights
Apartments.” This final plat is related to the Mendota Heights Apartments Planned Unit Development
project, located at 2160 and 2180 Highway 13.
Background
On September 5, 2017, the City Council adopted Resolution No. 2017-69, which formally approved the
rezoning, conditional use permit, wetlands permit and preliminary plat applications for the Mendota
Heights Apartment Development, as proposed under Planning Case No. 2017-19.
Pursuant to City Code Title 11-2-2, after the preliminary plat has been approved, the final plat may be
submitted for approval as follows:
A. Approval or Denial by City Council: Except as provided in subsection B of this section, the final
plat shall be submitted to the city council for approval. If accepted, the final plat shall be approved
by resolution, which resolution shall provide for the acceptance of all agreements for basic
improvements, public dedication and other requirements as indicated by the city council. If
disapproved, the grounds for any refusal to approve a plat shall be set forth in the proceedings of
the council and reported to the person or persons applying for such approval.
City staff has determined the requested final plat is a true reflection of the proposed combination and
subdivision of lands as presented under the approved PUD application; and the final plat is consistent
with and conforms to the approved preliminary plat as presented and approved under Resolution No.
2017-69.
Budget Impact
There are no impacts to the city budget.
Recommendation
Staff recommends the City Council pass a motion adopting RESOLUTION 2017-95 APPROVING A
FINAL PLAT OF MENDOTA HEIGHTS APARTMENTS, located at 2160 and 2180 Hwy. 13.
Action Required
This matter requires a simple majority vote.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2017-95
RESOLUTION APPROVING FINAL PLAT OF
MENDOTA HEIGHTS APARTMENTS
(GENERALLY LOCATED AT 2160 & 2180 HIGHWAY 13)
WHEREAS, Michael Swenson, President of Michael Development, LLC, along with The
Heights of Mendota North, LLC and The Heights of Mendota South, LLC (the “Developer”) is
requesting consideration and approval of the Final Plat of Mendota Heights Apartments, which are the
properties generally located at 2160 and 2180 Highway 13 (the “Subject Property”), and legally
described in Exhibit A; and
WHEREAS, on August 22, 2017, the Mendota Heights Planning Commission held a public
hearing and gave unanimous recommendation to the City Council to approve the rezoning, conditional
use permit, wetlands permit and the Preliminary Plat of Mendota Heights Apartments, all of which
related to the new Mendota Heights Apartments Planned Unit Development, as proposed by the
Developer under Planning Case No. 2017-19;
WHEREAS, on September 5, 2017, the Mendota Heights City Council received this
recommendation and subsequently adopted Resolution No. 2017-69, a resolution approving the
rezoning, conditional use permit, wetlands permit and the Preliminary Plat of Mendota Heights
Apartments.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
Final Plat of Mendota Heights Apartments as presented herein is hereby approved, based on the
following findings of fact:
1. The proposed final plat is consistent with the general layout and overall design
illustrated on the original and previously approved preliminary plat.
2. The proposed final plat meets the purpose and intent of the Zoning Code, including the
proposed and approved planned use of the site as new multiple-family residential
development.
3. The proposed final plat meets the purpose and intent of the Subdivision Code, including
layout, grading, drainage, easements and lot arrangements.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the final plat
request as proposed in Planning Case No. 2017-19 is hereby approved with the following conditions:
1. A Park Dedication Fee of $4,000 per residential unit shall be paid to the City prior to
issuance of principal building permits for each development lot (Phase 1 and Phase 2).
2. All new building and grading permits must be obtained from the City prior to
commencement of any construction.
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3. The Developer agrees to provide additional easements for any drainage and utility
structures, along with additional trail easement along Highway 13, if requested by the
City Engineer, and prior to the recording of the final plat.
4. The Developer shall be responsible for filing the final plat documents with Dakota
County Recorder’s Office.
Adopted by the City Council of the City of Mendota Heights this 21st day of November, 2017.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
_________________________
Lorri Smith, City Clerk
page 74
EXHIBIT A
Legal Description – 2160 and 2180 Highway 13
The Heights of Mendota North, LLC, a Minnesota limited liability company, fee owner of the following
described property situated in the County of Dakota, State of Minnesota, to wit:
Lots 8, 9, 1 o, 11; the South 65 feet of Lots 39, 40, 41, and 42, all In Block 5 of Adelia Taylor's Addition
to the City of St. Paul
AND
Lots 12, 13, 14, 15, 16, the South 65 feet of Lots 34, 35, 36, 37, and 38 and Easement over the
westerly 30 feet of Lots 11 and 39 for automobile parking purposes and for the joint use of Leonard
T. Vasatka, also known as Leonard Vasatka and Margie S. Vasatka, his wife, their hairs and assigns
and Station Development Corporation, Its successors and assigns, all In Block 5 of Adelia Taylor’s
Addition to the City of SL Paul, except that part thereof shown as Parcel 269A on Minnesota
Department of Transportation Right of Way Plat No. 19-98.
AND
Lots 1 through 7 inclusive, and Lots 34 through 42, except the south 65 feet of said Lots 34 through
42, all In Block 5, Adelia Taylor’s Addition to the City of St. Paul, except that part thereof shown as
Parcel 269 on Minnesota. Department of Transportation Right of Way Plat No. 19-98.
AND
That part of vacated Hilltop Avenue lying northerly of the center line thereof, lying westerly of the
northerly extension of the easterly line of Lot 1, Block 1, Furlong Addition, and lying easterly of the
easterly line of State Trunk Highway No. 13 (identified as State Trunk Highway 55 right-of-way
according to MN DOT Right of Way Plat No. 19-98), Dakota County, Minnesota.
And that The Heights of Mendota South, LLC, a Minnesota limited liability company, fee owner of the
following described property situated in the County of Dakota, State of Minnesota, to wit:
Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 1, Furlong Addition, according to the recorded plat thereof, Dakota
County, Minnesota.
AND
That part of vacated Hilltop Avenue lying southerly of the center line thereof, lying westerly of the
northerly extension of the easterly line of Lot 1, Block 1, Furlong Addition, and lying easterly of the
easterly line of State Trunk Highway No. 13 (Identified as State Trunk Highway 55 right-of-way
according to MN DOT Right of Way Plat No. 19-98), Dakota County, Minnesota.
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