2020-01-02 Council Work Session PacketCITY OF MENDOTA HEIGHTS CITY
COUNCIL WORK SESSION
AGENDA
January 2, 2020
4:00 pm
Mendota Heights City Hall
1) Call to Order
2) Discussion Items
a) Building Contractors
b) Rental Housing
c) Boards and Commissions Appointments
d) Goals of the Council for 2020
3) Adjourn
City Council Workshop - Memo
DATE: January 2, 2020 TO: Mayor, City Council, and City Administrator FROM: Tim Benetti, Community Development Director SUBJECT: Discussion regarding City Licensing of Contractors (ref. Draft Ordinance No. 550)
Introduction
At its January 2nd workshop, the City Council will be asked to discuss a proposal to cease the City
licensing of building contractors.
Background
At the December 3rd regular meeting, the City Council was asked to consider adopting Ordinance No.
550, which would amend City Code Title 3, Chapter 4 concerning Building Contractors and their
licensing approval by the city. After brief discussion, the Council elected to table this ordinance to a
future workshop meeting to discuss the proposed ordinance amendment.
Note that the issuance of local contractor licenses for 2020 has been put on hold until the City Council
makes a decision on this issue.
The current City Code Section 3-4 (attached) provides for the licensing of building contractors who
desire to work in the city. Currently, staff verifies all required documentation, which includes a
general contractor licensing application and proof-of-liability insurance. Staff typically issues the
license at the front service-counter without Council approval. Staff does not provide or perform a
background check or verification on the contractors who seek a city license to work in the community.
The State of Minnesota requires that residential builders, remodelers and roofers be licensed through
the Department of Labor and Industry (DLI). The state has adopted contractor licensing requirements
administered by the DLI to ensure that buildings are safe and healthy for those who occupy them, and
that workers who construct them are qualified to perform said work. Additionally, electrical and
plumbing work must be performed by state licensed contractors.
According to the City’s building official Mike Andrejka, the DLI provides the background check of
building contractors, and issues licenses to only those qualified or skilled to perform such work. The
state issues licenses to qualified “building contractors” or “home remodelers” who contract directly
with a homeowner to provide building construction services in more than one skill area (i.e. concrete,
framing, dry-wall; finish carpentry, roofing, insulation, mechanicals, etc.). Any contractor who
provides services in more than one special skill area must be licensed. Specialty contractors who
page 2
provide only one "special skill" are not required to have a state license, except residential roofers.
Commercial contractors are not required to be licensed by the state; but must be registered with the
DLI. (please refer to the attached “What is residential building contractor [RBC] licensing?”
handout).
The DLI also provides training, classes and seminars for licensed contractors, especially when
building codes are periodically revised and updated due to new standards, technologies or techniques
of the building trades.
Due to the current licensing and oversight already performed by the State of Minnesota, staff proposes
the city not license building contractors beginning in 2020. The contactors license fee is $50.00/year,
and is charged with every new city license application. Staff is recommending this fee be removed
from the fee schedule. (Note: the anticipated revenues generated from contractor license fees was not
included in the proposed budget for 2020).
Staff feels that the State’s DLI is better qualified, staffed and experienced than is the City in
registering and licensing contractors that work throughout the metro area and state. We do not feel
that the City’s licensing of contractors improves safety, or provides any added measure of assurance
to local residents regarding workmanship or quality issues. To have the City issue licenses with any
expectation of those assurances is doing a disfavor to people who might hire those contractors.
Recommendation
The Council should discuss, and give direction as to whether the City should continue to license
contractors for residential construction.
City Building Official Mike Andrejka will be in attendance at this January 2nd Workshop to answer
questions or address any other concerns the council may have regarding contractor licensing.
page 3
page 4
page 5
page 6
page 7
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 550
AMENDING MENDOTA HEIGHTS CITY CODE TITLE 3, CHAPTER 4
CONCERNING BUILDING CONTRACTORS
The City Council of the City of Mendota Heights, Minnesota, desires to not require building
contractors to be licensed beginning in the year 2020.
The City Council of the City of Mendota Heights hereby ordains:
The City of Mendota Heights Code of Ordinances, Title 3, Chapter 4, relating to the Building
Contractors is hereby deleted in its entirety.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this third day of December, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
________________________________
Lorri Smith, City Clerk
page 8
What is residential building contractor (RBC) licensing?
A building contractor or remodeler license is required for anyone who contracts directly
with a homeowner to provide building construction services in more than one skill area.
The goal of licensing is to ensure a higher level of professionalism and consumer
protection.
Homeowners who do not hire a licensed contractor have no protections.
State licensing of residential building contractors began in 1992.
Who needs an RBC license?
Any individual or company that contracts directly with an owner of "residential real
estate" to provide work in more than one special skill.
An owner of residential real estate who builds or improves homes for resale or
speculation.
"Residential real estate" means a new or existing building constructed for habitation by one to
four families and includes detached garages.
What’s the difference between a residential building contractor license and a
residential remodeler license?
A residential remodeler can only perform work on existing structures -- they cannot build new
homes or detached garages. A residential building contractor can perform all of the work that a
residential remodeler can plus they can build new structures.
Who does not need an RBC license?
Subcontractors who do not contract with the homeowner, yet they must register with
DLI through the Contractor Registration Program;
Commercial contractors, yet they must register with DLI through the Contractor
Registration Program;
Employees of a licensed contractor;
Contractors who work on residential buildings with more than four units;
Material suppliers who do not install or attach the items they sell;
Owners doing work on their own property (unless they are building or improving
properties they own for purposes of resale or speculation);
Architects or engineers doing work within the scope of their practice;
Residential building contractors whose gross annual receipts* from their residential
activities are less than $15,000 and have a Certificate of Exemption. "Gross annual
receipts" are defined as the total amount derived from residential contracting or
remodeling activities, regardless of where the activities are performed, and must not be
reduced by cost of goods sold, expenses, losses or any other amount.
page 9
What is a "special skill" area?
A contractor who provides services in more than one special skill area must be licensed.
Specialty contractors who provide only one "special skill" are not required to have a state
license (except residential roofers). See the chart below for details about special skill
categories:
"Special skill" means one of the following eight categories
1. Excavation
excavation
trenching
grading
site grading
2. Masonry/concrete
drain systems
poured walls
slabs and poured-in-place footings
masonry walls
masonry fireplaces
masonry veneer
water resistance and waterproofing
3. Carpentry
rough carpentry
finish carpentry
doors, windows and skylights
porches and decks (excluding concrete
footings)
wood foundations
drywall installation (excluding taping
and finishing)
4. Interior finishing
floor covering
wood floors
cabinet and countertop installation
insulation and vapor barriers
interior or exterior painting
ceramic, marble and quarry tile
wallpapering
ornamental guardrail and installation of
prefabricated stairs
5. Exterior finishing
siding
soffit, fascia and trim
exterior plaster and stucco
painting
rain carrying systems, including gutters
and down spouts
6. Drywall and plaster
installation
taping
finishing
interior plaster
painting
wallpapering
7. Roofing 8. General installation specialties
page 10
roof coverings
roof sheathing
roof weatherproofing and insulation
repair of roof support system, but not
construction of new roof support
system
Roofers are required to obtain a license.
Contact the Department of Labor and Industry
for further information.
garage doors and openers
pools, spas and hot tubs
fireplaces and wood stoves
asphalt paving and seal coating
exterior plaster and stucco
ornamental guardrail and prefabricated
stairs
page 11
DATE: January 2, 2020 TO: Mayor & City Council FROM: Mark McNeill, City Administrator Tim Benetti, Community Development Director SUBJECT: Proposed Ordinance No. 548 - Amending City Code Section 3-5 Concerning Rental Housing Licensing
Introduction
At the workshop meeting of January 2nd, the City Council will be asked to discuss the City’s rental
housing license requirement, contained in Ordinance 548.
Background
At the November 19, 2019 regular meeting, the City Council was asked to consider adopting proposed
Ordinance No. 548, which would essentially delete in its entirety City Code Title 3, Chapter 5 Rental
Housing. The deletion of this section would remove the licensing requirements of rental dwellings
or housing in the city, and further would eliminate any annual licensing fees for such units.
After brief discussion, the council elected to table this ordinance to a future workshop meeting to
discuss the proposed ordinance amendment.
During the council discussion at the Nov. 19th meeting, it was stated that this rental housing ordinance
was brought forward due to some issues at a specific location a number of years ago. The City then
revised the nuisance ordinance and also passed this rental housing ordinance. The intent of the
ordinance was to provide regulations for the licensing of rental dwellings in the city, including
registering rental homes; establishing conduct of tenants and nuisance issues; establishing criteria for
the suspension and/or revocation of licenses; and allowing staff to inspect the rental dwelling.
The current City Code, Section 3-5 (attached) provides for the licensing of rental housing units in the
R-1 One-Family Residential districts in the city. The City has not registered rental housing units in
the R-1 Zone since 2017. At that time, Mendota Heights had 32 dwellings registered as rental units.
Those were issued to those property owners who applied for them; there was no systematic way of
determining who would need to apply so that they could be contacted and advised to take action.
It should be noted that the units were not being inspected by the City prior to the issuance of the
licenses. As a result of this decision, the City also deleted the $75 annual licensing fee from the fee
schedule.
page 12
Number of Non-Homestead Properties--A check of Dakota County Assessor records indicates that of
the 5234 properties in Mendota Heights, 4157 are registered as “Homestead” (owner-occupied) in
the city, but an additional 1,077 properties are Non-Homestead. Acknowledging that most of the
non-homesteaded properties are because the owner has their primary residency in other states for tax
purposes, non-homestead dwellings can also be a group home, or a rental (income) home.
AirBnBs--Since 2017, city staff has received a small number of calls from residents complaining of
neighbors renting out personal homes as an Airbnb or similar short term rentals. Since the city
stopped licensing (or inspecting) rental dwellings in 2018, the city usually does not follow-up on
these complaints, but has referred the complainants to the police department on any issues related to
vehicle parking or late-night noise/disturbing the peace violations. A check of Airbnb’s official
website appears to show four (4) homes registered or offered for short-term rental/leasing in the city.
Some neighboring and metro cities have separate rental housing and inspection programs and
ordinances, such as South St. Paul, Northfield, Burnsville, Brooklyn Center, Brooklyn Park, Coon
Rapids, Prior Lake, Eden Prairie and Roseville. Some of these cities have also enacted “short-term
rental” regulations for Airbnb’s, VRBO’s and similar. In most cases, these cities that have rental
programs or ordinance have a number of staff dedicated to the management and inspection of these
rental units in their cities; the City of Mendota Heights does not have the staff to provide a large
number of rental inspections.
The City Attorney also made staff aware of a rental licensing program that has recently been enacted
(December, 2019) by the City of Bayport. While a reading of its ordinance does raise some questions
as to implementation, that ordinance is being included in the packet so that the Council can see what
at least that other community has done.
Action Required
The City Council should discuss and share any concerns or issues that it has should the City decide
to move forward in deleting City Code Sec. 3-5 regarding Rental Housing, including the need to
license said units in the city.
page 13
page 14
page 15
page 16
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 548
AMENDING MENDOTA HEIGHTS CITY CODE TITLE 3, CHAPTER 5
CONCERNING RENTAL HOUSING
The City Council of the City of Mendota Heights, MN, desires to not require the licensing of
rental housing units in the city’s R-1 one-family residential zoning district in our city.
The City Council of the City of Mendota Heights hereby ordains:
The City of Mendota Heights Code of Ordinances, Title 3, Chapter 5, relating to the Rental Housing is
hereby deleted in its entirety.
This Ordinance shall be in effect from and after the date of its passage and publication.
Adopted and ordained into an Ordinance this nineteenth day of November, 2019.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Neil Garlock, Mayor
ATTEST
___________________________
Lorri Smith, City Clerk
page 17
page 18
page 19
page 20
page 21
page 22
page 23
page 24
page 25
page 26
page 27
page 28
page 29
page 30
page 31
page 32
page 33
DATE: January 2, 2020
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Boards and Commissions Appointments
Comment:
Introduction:
At its workshop of January 2nd, the Council will be asked to confirm the selection process for the
appointments of Boards and Commissioners, and also to consider the candidates for the newly
approved Historic Pilot Knob Task Force.
The Council should set a date for interviews of prospective candidates.
Background:
The following individuals have terms which are expiring as of January 31, 2020.
Planning Commission
Michael Noonan – has now completed three full consecutive terms
John Mazzitello – reappointment
Parks-Rec Commission
David Miller – has now completed three full consecutive terms
Bob Klepperich – reappointment
ARC
Jim Neuharth - reappointment
Kevin Byrnes - reappointment
Gina Norling – reappointment
The past practice for Mendota Heights has been to reappoint individuals to the Planning
Commission and the Parks and Recreation Commission, unless they have “termed out” by
serving three consecutive full terms. The announcement of the availability of vacancies for
these two boards have been posted on the City’s website, in social media, and in the electronic
Friday News newsletter. The deadline for application is January 6th.
page 34
There have been no limits on appointments to the Airport Relations Commission, nor on the
Traffic Safety Committee. The TSC is not recognized in the Code, but has been providing the
review of traffic safety-related issues since 2005.
A list of all members of the various commissions, and their terms of appointment is attached.
The Council should determine if it wants to make any changes in the appointment process for
2020.
Recommendation:
The Council is asked to discuss and give direction to staff as to whether it wants to see any
changes as to the structure of the Boards and Commissions or their appointment processes, and
also to set the date for interviews for candidates to be considered for appointment in 2020.
Mark McNeill
City Administrator
page 35
PUBLIC INFORMATION CITY OF MENDOTA HEIGHTS
2020 COMMISSION APPOINTMENTS / TERMS OF EXPIRATION
PLANNING COMMISSION ( 3 yr terms)(Code 2-1-2: Members limited to 3 consecutive Current
Term Initial
Name Expires App't
Brian Petschel 1/31/2022 1/1/2016
Michael Toth 1/31/2022 8/15/2017
Andrew Katz 1/31/2022 2/5/2019
Michael Noonan 1/31/2020 2/1/2011
John Mazzitello 1/31/2020 7/18/2017
Mary Magnuson 1/31/2021 3/1/2011
Patrick Corbett 1/31/2021 1/16/2018
PARKS-RECREATION COMMISSION (3 yr terms)(Code 2-2-2: Members limited to 3 consecutive Current
Term Initial
Name Expires App't
Patrick Cotter 1/31/2021 7/16/2019
Pat Hinderscheid (chair)1/31/2021 2/1/2012
David Miller 1/31/2020 2/1/2010
Bob Klepperich 1/31/2020 1/17/2017
Daniel Sherer 1/31/2022 2/1/2019
Stephanie Meyer 1/31/2022 2/1/2019
Steve Goldade 1/31/2022 1/17/2017
Student Rep
AIRPORT RELATIONS COMMISSION (3 yr terms)(Code 2-4-2: No limit to # of terms)Current
Term Initial
Name Expires App't
Sally Lorberbaum 1/31/2022 2/1/2007
Jim Neuharth 1/31/2020 2/1/2011
Kevin Byrnes 1/31/2020 2/1/2011
Gina Norling 1/31/2020 3/1/2011
David Sloan (Chair)1/31/2021 2/1/2006
Arvind Sharma 1/31/2021 2/3/2015
William Dunn 1/31/2021 2/1/2006
Current Initial
Term App't
NDC4 CABLE COMMISSION (2 yr terms)(Res 2016-103 No Term Limits) (need Res to a Expires
Mickey Kieffer (Appt by Res 2017-10)1/31/2021 2/15/2005
Joel Paper (Appt by Res 2017-10)1/31/2021 2/1/2017
page 36
NOC REPRESENTATIVES (2 yr terms)(Res 2005-27 sets term limit to 5-two year terms)
Jay Miller, Representative 6/25/2021 2/1/2017
Liz Petschel, 1st Alternate 6/25/2021 6/4/2019
David Sloan, 2nd Alternate 6/25/2021 3/15/2011
Cheryl Jacobson, 3rd Alternate 6/25/2021 6/4/2019
Dakota Communications Center (2 year terms)
Ultan Duggan, Representative 12/31/2020
Liz Petschel, 1st Alternate 12/31/2020 2/1/2017
Lower Mississippi River Watershed (No fixed term per JPA, Sec 6, serves at pleasure of Council)
Mary Jeanne Schneeman Citizen Rep 1/1/2009
Jill Smith Alternate 2/1/2012
Dakota County East West Transit Study Policy Maker Team
No appointments at this time.
Initial
Traffic Safety Committee (formed in 2005)App't
Liz Petschel Council Representative 2/16/2016
Kelly McCarthy Police Rep
Ryan Ruzek Public Works Rep
Dave Dreelan Fire Rep
John Mazzitello Planning Commission Rep 1/2/2019
Jonathan Ehrlich Citizen Rep 6/20/2017
Initial
Dakota County Sheriff's Citizen Advisory Board App't
Liz Petschel Council Representative (Appointed by Sheriff)2/1/2017
Term Initial
Dakota County Broadband Board (2 year terms)(Created Jan 2018)Expires App't
Mayor Garlock Council Representative 1/31/2020 2/7/2018
Joel Paper Alternate Rep 1/31/2020 2/7/2018
Initial
Beyond the Yellow Ribbon Comm (Formed June 18, 2019)App't
(With WSP, Mendota, Lilydale)
Mayor Garlock Council Representative 6/18/2019
page 37
page 38
page 39
DATE: January 2, 2020
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Goals for 2020
Comment:
Introduction:
The Council is asked to identify goals for the City to pursue in 2020.
Background:
In January, 2019, following the November elections, the City Council held a “retreat” in the City
Council Chambers to set goals and objectives for the ensuing two years. That retreat was with
the participation of staff.
All total, there were identified some 46 separate tasks. However, after unsuccessful attempts at
scheduling a follow-up meeting to discuss further, the prioritization and adoption of the goals
upon which to focus the City’s efforts were never established. Further discussion was needed to
decide which would be pursued, and in what priority.
A summary of the 46 steps, and a progress report on some of those that have been pursued is
attached.
As it is unlikely that the January 2nd workshop meeting will provide sufficient time to address
each of the 2019 tasks, I recommend that each of the Councilors bring 3 items—either new, or a
continuation of 2019 tasks--which they would like to see the City address in 2020. The adopted
2020 budget should be kept in mind.
The 15 tasks would be shared that the workshop; it is anticipated that results should be more
manageable. The 2020 goals and priorities can be established from those.
Action Required:
Each Councilor should identify up to three items which should be addressed by the City in 2020.
page 40
Preliminary 1/29/19
2019-2020
City of Mendota Heights
GOALS AND OBJECTIVES
ENHANCE GOVERNANCE
City Council
• Update and implement Council rules to improve meeting efficiency and effectiveness.
• Increase civility at Planning and City Council Meetings Citizen Comment presentation
reminder
• Strengthen Youth Understanding of Government
• Conduct a community wide survey Unscientific POLCO survey closed 12/15.
Approximately 150 responses.
Boards and Commissions
• Update process for City Council interaction with Commissions Joint meeting held with
Parks/Rec Commission 7/19
• Explore creation of an IT Commission Utilization of LOGIS meets IT needs
• Explore creation of a Natural resources commission or committee. Steering Committee
being formed to help Nat Res Plan update in 2020. Commission/Committee to follow?
• Consider establishment a junior parks and recreation commission P/R Commission has
discussed community engagement options.
ENHANCE COMMUNITY ASSETS AND SERVICES
Community and Economic Development
• Consider implementation of a hotel lodging tax for business development Discussed
with Chamber of Commerce for use in promoting local hotel/motels
• Develop and agreed upon vision for key development/redevelopment areas
Village Lots Tentative Purchase Agreement with Grand Real Estate Advisors
Bourne site Unsolicited proposal received 12/19
• Conduct a business retention survey
• Implement Comp Plan 2040 Update local zoning and subdivision ordinances. Comp Plan
submitted to Met Council 12/19)
page 41
• Prepare for 2020 Census, and findings. Internal Staff Issue
• Address lack of cell coverage in Mendota Heights 5G Towers installed in 2019 along MH
Road in Industrial area. Prelim plans for tower in Curly addn, but not currently active.
Develop a Sense of Community
• Develop new opportunities for residents to get together and congregate.
a. Investigate an expansion of previous or existing events:
Spring—Park Celebration In conjunction with Scott Patrick 5K
Summer--Expand Nite to Unite to be a City-wide event Continuation of
current event. Increased 2020 budget for Wed evening Mendakota
Concert series
Autumn—Halloween Bonfire OK to continue as long as site is available
Winter—Holiday lighting events Tree by private party; Menorah Lighting
in 2019
• Research city participation in and designation as a Yellow Ribbon city/program --Mayor
Garlock completed 7/19
• Work with the newly formed Mendota Heights Foundation—Waiting for 501.c.3
designation
• Plan regular communications with public and private partners
• Seek additional partnerships with other jurisdictions
ENHANCE INTERNAL CITY SERVICES
Human Resources
• Audit personnel files and establish file checklist and order for records requirements and
access to information. Internal Staff Issue
• Review and update personnel policies Internal Staff Issue
Public Safety
• Conduct emergency operation center drills –table top exercise Police conducted drill in
2019; second with County assistance in Q3 or Q4, 2020
• Conduct active shooter training with the Fire Station, PD and school. Police and School
have completed; need to include Fire
• Develop process for citizen input in the PD activities, initiatives and goals. Citizen
Committee formed. Also use POLCO survey?
Enhance Parks and Recreational Opportunities
page 42
• Reimagine park space to maximize usage. Commission has discussed small changes at
Valley Park courts and Friendly Hills rink
• Improve offerings of adult summer activities in the summer time. Dependent on
budget; Commission has discussed
• Review annual maintenance and improvement package for Skate park 2020 Budget
provided $10,000; top priority for Commission
• Create additional athletic fields Adopted and modified Field Use Policy to improve
efficiency
• Explore establishment of a regional sporting venue—include green space
City Facilities
• Conduct a formalized space needs assessment for Police Department Budgeted FY 2020
• Conduct formalized space needs assessment for upstairs of City Hall—Budgeted FY 2020
• Develop a plan for renovation and updating of City Hall equipment and space. Follow-
up from space needs assessment (above)
• Explore changing business hours at City Hall. Completed—5/19
ENHANCE EXTERNAL CITY SERVICES
Transportation
• Plan and Implement Regional solutions for Dodd Road and Delaware Dependent on
MNDOT and Dakota County
• Examine Dodd, Wagon Wheel Trail and Pagel Intersection Discussed with Council
submitting proposal for MNDOT funding; chose to wait until 2021 cycle, for 2022
Natural Resources and Environmental Sustainability
• Update the Natural Resource Plan. Budgeted $75,000 for FY 2020
• Join Green Steps cities and consider first requirements to achieve status Research
complete—ready for Council consideration
• Protect Surface Water Quality Ongoing
• Educate Residents About Airport Noise ARC Issue
OTHER TASKS:
• Improve Internal Technology Internal Staff and LOGIS Issue
• Develop Fire Station Community room and City Hall meeting room reservation policy
Internal Staff recommendation by July, 2020
• Implement Rec on the Go programming in partnership with the City of West St. Paul
Successful start in 2019; looking to expand in 2020
• Provide quarterly reports from fire, police and public works on needs and concerns.
page 43