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2020-11-17 Council PacketCITY OF MENDOTA HEIGHTS CITY COUNCIL AGENDA November 17, 2020 6:00 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 4, 2020 City Council Minutes b. Approval of the November 12, 2020 Special City Council Minutes c. Acknowledge September 2020 Par 3 Financial Report d. Approve Resolution 2020-77 Accepting a Donation of Equipment to the Police Department e. Joint Powers Agreement (JPA) to Provide Recycling Services f. Approve Hiring of Probationary Firefighters g. Approve Solar Array Electrical Wiring Changes at the Mendota Heights Fire Station h. Approve Resolution 2020-78 Certifying Delinquent Sewer Accounts i. Approve Resolution 2020-79 Certifying Delinquent Water Accounts j. Approve the Building Activity Report k. Approve the Treasurer’s Report l. Approval of Claims List m. Acknowledge October 13, 2020 Parks and Rec Minutes 6. Citizen Comment Period (for items not on the agenda) *See guidelines below 7. Public Hearing None 8. New and Unfinished Business a. Consider Calling for a Public Hearing regarding a proposed Interim Ordinance Placing a Moratorium on Proposed Development, Subdivision or Certain Construction and Building Activity Requiring a Permit for Properties Situated in the Critical Area Overlay District b. Discuss Date and Process for Interviews of City Council Vacancy Candidates c. Determine the Date of the First City Council Meeting in January, 2021 9. Community Announcements 10. Council Comments 11. Adjourn Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda provides an opportunity for the public to address the Council on items which are not on the agenda. All are welcome to speak. Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person and topic; presentations which are longer than five minutes will need to be scheduled with the City Clerk to appear on a future City Council agenda. Comments should not be repetitious. Citizen comments may not be used to air personal attacks, to air personality grievances, to make political endorsements, or for political campaign purposes. Council members will not enter into a dialogue with citizens, nor will any decisions be made at that presentation. Questions from the Council will be for clarification only. Citizen comments will not be used as a time for problem solving or reacting to the comments made, but rather for hearing the citizen for information only. If appropriate, the Mayor may assign staff for follow up to the issues raised.” CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Wednesday, November 4, 2020 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, and Petschel were also present. Councilor Miller was absent. PLEDGE OF ALLEGIANCE Council, the audience, and staff recited the Pledge of Allegiance. AGENDA ADOPTION Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 CONSENT CALENDAR Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval. Councilor Petschel moved approval of the consent calendar as presented, pulling items d. and g. a. Approval of October 20, 2020 City Council Minutes b. Acknowledge the September 22, 2020 Planning Commission Regular Meeting Minutes c. Acknowledge the October 8, 2020 Planning Commission Special Meeting Minutes d. Approve the Appointment of Michael Winters as a Mendota Heights Firefighter e. Approve 2020-2021 Insurance Renewal and Election to Not Waive Statutory Limits f. Approve Resolution 2020-73 Accept Donation of Gifts g. Approval of Claims List Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 page 3 PULLED CONSENT AGENDA ITEMS D) APPROVE THE APPOINTMENT OF MICHAEL WINTERS AS A MENDOTA HEIGHTS FIREFIGHTER Councilor Paper stated that he is excited to see that Mike Winters is returning to the Fire Department as a firefighter. He is a hard worker and will be a great asset to the department. Mayor Garlock moved to approve THE APPOINTMENT OF MICHAEL WINTERS AS MENDOTA HEIGHTS FIREFIGHTER. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 G) APPROVAL OF CLAIMS LIST Councilor Duggan commented that there has been recent discussion related to expenditures or over expenditures for the remodeling of the fire department. He commented that this is an excellent organization that he supports. Councilor Duggan moved to approve the CLAIMS LIST. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 PUBLIC COMMENTS No one from the public wished to be heard. PUBLIC HEARING A) RESOLUTION 2020-72 APPROVING A CRITICAL AREA PERMIT FOR 744 WOODRIDGE DRIVE (PLANNING CASE NO. 2020-22) City Administrator Mark McNeill explained that the Council was being asked to adopt a resolution approving a critical area permit (CAP) to construct a new addition to an existing single-family dwelling. The property is situated in the Critical Area Overlay District and is located at 744 Woodridge Drive. Mayor Garlock moved to open the public hearing. Councilor Duggan seconded the motion. There being no one coming forward to speak, Councilor Petschel moved to close the public hearing. Councilor Duggan seconded the motion. Councilor Duggan referenced language in the proposed resolution and noted that he would prefer the word “may” to be deleted from the fifth Whereas paragraph. page 4 Councilor Duggan moved to adopt RESOLUTION 2020-72 APPROVING A CRITICAL AREA PERMIT FOR 744 WOODRIDGE DRIVE, as amended. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 NEW AND UNFINISHED BUSINESS A) RESOLUTION 2020-75 APPROVING CARES FUNDING AND REIMBURSEMENT OF COVID- 19 RELATED EXPENDITURES City Administrator Mark McNeill explained that the Council was being asked to adopt a motion which approves CARES Act funding and the reimbursement of COVID-19 related expenditures. Councilor Duggan referenced language in the proposed resolution and noted that he would prefer the word “all” to be deleted from the last paragraph. He asked for details on the reimbursement process related to payroll. City Administrator Mark McNeill provided additional details on payroll reimbursement. Mayor Garlock moved to adopt RESOLUTION 2020-75 APPROVING CARES FUNDING AND REIMBURSEMENT OF COVID-19 RELATED EXPENDITURES, as amended. Councilor Paper seconded the motion. Ayes: 4 Nays: 0 COMMUNITY ANNOUNCEMENTS City Administrator Mark McNeill announced political yard sign recycling details, noting that Mendota Heights City Hall will collect signs for recycling in the parking lot. He recognized the people that worked very hard during the three elections this year, with a total of 54 election judges serving Mendota Heights three absentee ballot processors, and two staff members. COUNCIL COMMENTS Mayor Garlock commented how efficiently the City handled the election process and commended City staff. Councilor Paper agreed that he heard several comments about how smoothly the voting process was in Mendota Heights. Councilor Duggan echoed those comments and commended staff. He also thanked all of the candidates that ran for Office in Mendota Heights. He referenced a recent newspaper article about a possible name change to a local school. page 5 Police Chief Kelly McCarthy stated that they are in the winter driving restriction phase for parking and provided an update on the regulations. Councilor Petschel recognized those that ran for Office in Mendota Heights and expressed best wishes to the new Mayor Elect. She stated that she has loved serving the community of Mendota Heights, but the recent mayoral race has given her pause as to what the residents of the community want. She commented that it seems that the residents want new thoughts and ideas and she believes it would be best for her to submit her resignation and for the City Council to appoint a replacement that is more in line with the direction the City would like to take. She stated that this will be her last meeting as a member of the Council. She thanked the staff and fellow Council members that have helped her to be a good Council member. She also thanked the residents that have allowed her to serve for the past 10 years. Mayor Garlock commented that Councilor Petschel will be greatly missed with her vast knowledge and history of the City. He stated that he stepped into his position without experience and relied on Councilors Duggan and Petschel for this knowledge of the community. Councilor Paper thanked Councilor Petschel for the time she has served the community and encouraged her to continue to be available as she is a tremendous leader for the community. Councilor Duggan stated that he understands the position of Councilor Petschel. He stated that Councilor Petschel steered him with airport related matters because of her vast knowledge on the topic. He stated that the City is fortunate to have had the wisdom and service of Councilor Petschel. ADJOURN Councilor Petschel moved to adjourn. Councilor Duggan seconded the motion. Ayes: 4 Nays: 0 Mayor Garlock adjourned the meeting at 6:24 p.m. ____________________________________ Neil Garlock Mayor ATTEST: _______________________________ Lorri Smith City Clerk page 6 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA STATE OF MINNESOTA Minutes of the Special City Council Meeting November 12, 2020 Pursuant to due call and notice thereof, a Special City Council Meeting was held at 2:45 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. CALL TO ORDER Mayor Garlock called the meeting to order at 2:45 p.m. Councilors Duggan, Miller and Paper were also present. RESULTS CANVASSING The November 3, 2020 General Election results presented showed that Stephanie Levine was elected to the office of Mayor for a two year term. Jay Miller and Joel Paper were each elected to the City Council for four year terms. Council member Duggan moved adoption of Resolution 2020-70, “CANVASSING THE RETURNS OF THE NOVEMBER 3, 2020 GENERAL ELECTION.” Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 RESOLUTION 2020-76 ACCEPT RESIGNATION of LIZ PETSCHEL AND CONSIDER OPTIONS FOR THE OPEN POSITION City Administrator McNeill updated the Council on the options available for filling the open position on the City Council. Mayor Garlock moved adoption of Resolution 2020-76 ACCEPT RESIGNATION of LIZ PETSCHEL AND DECLARING A VACANCY ON THE CITY COUNCIL. Council member Duggan seconded the motion. Ayes: 4 Nays: 0 The Council discussed options for filling the vacant Council seat. City Administrator Mark McNeill discussed the need to appoint someone to the position until a Special Election can be held. The timing of the Special Election could be as soon as February 9th, or as late as the next regular City Election scheduled for November 8, 2022. page 7 Council member Duggan moved to advertise the vacant Council position through November 30, 2020, for the City Council and Mayor Elect Stephanie Levine to interview the top candidates in December, for the current City Council to appoint someone to the position at a December Council meeting, and to hold the Special Election for this position at the next regular City Election scheduled for November 8, 2022. Mayor Garlock seconded the motion. Ayes: 4 Nays: 0 ADJOURN Mayor Garlock moved to adjourn the meeting. Council member Duggan seconded the motion. Ayes: 4 Nays: 0 The meeting was adjourned at 3:21 p.m. ___________________________________ Neil Garlock, Mayor ATTEST ______________________________ Lorri Smith, City Clerk page 8 DATE: November 17, 2020 TO: Mayor and City Council, City Administrator FROM: Meredith Lawrence, Recreation Program Coordinator SUBJECT: September Par 3 Financial Report INTRODUCTION The City Council is asked to acknowledge the September Par 3 Financial Report. BACKGROUND Attached is the September Par 3 Financial Report. During the month of September, the course had a total of 1,962 rounds of golf played. For the month of September, the Par 3 had a total revenue of $18,383. Including the month of September, the Par 3 had a year-to-date revenue total of $165,848. The course’s September expenditures totaled $18,740. The year-to-date expenditure total is $114,448. The course currently has a positive operating revenue of $51,400 for the 2020 season. RECOMMENDATION Staff recommends that the Mendota Heights City Council acknowledge the September Par 3 Financial Report. ACTION REQUIRED If the Council concurs, it should, by motion acknowledge the September Par 3 Financial Report. page 9 MONTHLY EXPENDITURE REPORT SEPTEMBER 2020 MENDOTA HEIGHTS PAR 3 BUDGET TO ACTUAL REPORT September 2020 (75% OF YEAR) September REVENUES September YTD YTD YTD BUDGET 2020 2020 %2019 GREENS, LEAGUE & TOURN FEES $100,000 $18,308 $142,414 142.41%$91,816 RECREATION PROGRAMS $40,000 $0 $23,251 58.13%$33,454 CONCESSIONS $19,000 $0 $0 0.00%$19,320 SUNDRY REVENUE $0 $75 $184 0.00%$214 INTEREST $450 $0 $0 0.00%$0 CAPITAL CONTRIBUTIONS $0 $0 $0 0.00%$0 PAR 3 FUND REVENUE TOTAL $159,450 $18,383 $165,848 104.01%$144,804 EXPENDITURES September YTD YTD YTD BUDGET 2020 2020 %2019 CLUBHOUSE SALARIES $34,300 $3,977 $15,993 46.63%$24,756 ADMINISTRATIVE SALARIES $23,601 $1,884 $16,796 71.17%$13,843 FICA/PERA $10,433 $914 $5,297 50.77%$5,580 MEDICAL INSURANCE $6,653 $554 $4,990 75.00%$4,990 U/E & W/C INSURANCE $2,500 -$37 $3,302 132.09%$2,816 RENTALS $4,750 $0 $1,531 32.22%$3,508 UTILITIES $15,130 $714 $7,441 49.18%$8,439 PROFESSIONAL FEES - AUDIT $2,850 $0 $2,866 100.56%$2,776 PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00%$531 PROF FEES - GROUNDS MGMT $3,000 $0 $0 0.00%$0 PROF FEES - GROUNDS WAGES $22,000 $2,797 $14,277 64.90%$13,906 PROF FEES - TREE MAINTENANCE $1,500 $0 $0 0.00%$0 ADVERTISING/NEWSLETTER $400 $0 $0 0.00%$235 LIABILITY/AUTO INSURANCE $4,200 $0 $3,893 92.70%$3,807 OPERATING COSTS/SUPPLIES $7,650 $446 $3,061 40.01%$4,847 FUEL $1,750 $130 $854 48.80%$1,195 REPAIRS & MAINTENANCE $35,350 $6,304 $27,346 77.36%$22,704 SUNDRY/DUES/MILEAGE/CLOTHING $4,150 $0 $776 18.70%$2,590 CONTINGENCY $0 $0 $0 0.00%$0 ONLINE REG & CREDIT CARD FEES $4,275 $1,057 $6,025 140.94%$3,386 PAR 3 EXPENDITURES TOTAL $185,592 $18,740 $114,448 61.67%$119,909 11/9/2020 page 10 DATE: November 17, 2020 TO: Mayor, Council and City Administrator FROM: Wayne Wegener, Police Captain SUBJECT: RESOLUTION NO. 2020-77 FORMALLY ACCEPTING A DONATION OF EQUIPMENT BACKGROUND The City Auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities” requires all donations be acknowledged by Resolution. This memo meets Minnesota State Statutory requirements by having the City Council formally accept the gift and recognizing the donor. A donor, who is known to the police department but wishes to remain anonymous, facilitated the donation of a “Nordicflex” Ultra Lift gym equipment to the police department. Access to this equipment affords officers the opportunity to better their overall health and wellness and maintain a fitness level necessary for the policing profession. A thank you letter will be sent along with a copy of the signed resolution. BUDGET IMPACT There is no budget impact. RECOMMENDATION If Council desires to implement the recommendation, a motion will need to be passed adopting RESOLUTION NO. 2020-77 FORMALLY ACCEPTING THE DONATION. page 11 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 2020-77 A RESOLUTION FORMALLY ACCEPTING A DONATION OF EQUIPMENT WHEREAS, Minnesota State Statute 465.03 “Gifts to Municipalities” requires a resolution to be approved by the governing body to accept gifts to municipalities; and WHEREAS, the City of Mendota Heights has previously acknowledged gifts by resolution as required by law; and WHEREAS, the City of Mendota Heights encourages and supports citizens and organizations who wish to participate in government; and WHEREAS, the City Council of the City of Mendota Heights have duly considered this matter and wish to officially recognize the donation. NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of Mendota Heights hereby gratefully accepts the donation a “Nordicflex” Ultra Lift gym equipment from an anonymous donor. Adopted by the City Council of the City of Mendota Heights this 17th day of November 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS By_________________________________ Neil Garlock, Mayor ATTEST: By______________________________ Lorri Smith, City Clerk page 12 REQUEST FOR COUNCIL ACTION DATE: November 17, 2020 TO: Mayor, City Council, and City Administrator FROM: Ryan Ruzek, P.E., Public Works Director SUBJECT: Joint Powers Agreement (JPA) to Provide Recycling Services 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, South St. Paul, Sunfish Lake and Lilydale with West St. Paul acting as the fiscal agent. 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 10 hours per week in Mendota Heights, plus benefits. Sunfish Lake joined this JPA in 2018 and Lilydale in 2019. DISCUSSION Mendota Heights is proposed to receive approximately $24,000 in community funding from Dakota County in 2021 to assist in its recycling efforts. Under the current JPA, the recycling coordinator is responsible for submitting applications for each city individually. The new JPA, following the format of a joint agreement between Burnsville, Lakeville, and Apple Valley, will allow West. St. Paul to act as the fiscal agent and require only one report and reimbursement submittal from the recycling coordinator. Under the existing format, West St. Paul invoices the Mendota Heights quarterly for the recycling coordinator services, under the proposed JPA, West St. Paul will request the reimbursement directly from the County. The position will remain as a West St. Paul employee. BUDGET IMPACT There is no impact to the recycling budget due to this change. The revenue no longer received from Dakota County will be offset by an equal reduction in costs. RECOMMENDATION I recommend that the City Council authorize approving joint powers agreement for a shared recycling coordinator position with the Cities of West St. Paul, South St. Paul, Sunfish Lake, and Lilydale allowing West St. Paul to act as the fiscal agent. page 13 ACTION REQUIRED If the Council concurs, it should, by motion, approve the attached AGREEMENT TO PROVIDE RECYCLING COORDINATOR SERVICES to be executed by the Mayor and City Clerk. This action requires a simple majority vote. page 14 AGREEMENT TO PROVIDE RECYCLING SERVICES AGREEMENT made this 17th day of November, 2020 by and among the Cities of WEST ST. PAUL, SOUTH ST. PAUL, MENDOTA HEIGHTS, SUNFISH LAKE and LILYDALE. (hereinafter individually referred to as a “City” and collectively referred to as the "Cities"). 1. AUTHORITY. This Agreement is entered pursuant to Minnesota Statute § 471.59. 2. PURPOSE. The purpose of this Agreement is to provide recycling services for the Cities. 3. WASTE ABATEMENT PROGRAM SERVICE. The City of West St. Paul shall implement a waste abatement program (“Program”) as described in the Dakota County Community Waste Abatement Grant Application (“Application”) for itself and the cities of South St. Paul, Mendota Heights, Sunfish Lake and Lilydale. If either the City of South St. Paul, Mendota Heights, Sunfish Lake or Lilydale desire additional waste abatement services outside of those described in the Application, the City desiring the additional service(s) may enter into a separate agreement with West St. Paul for those services and pay for those services with funds other than those awarded under any waste abatement grant. 4. FINANCE. A. The City of West St. Paul shall act as the fiscal agent for the Cities and shall maintain a separate fund for the purpose of operating the Program. The City of West St. Paul is authorized to pay Program expenses and receive reimbursements. B. For each calendar year of the Program, the City of West St. Paul, following review and consultation with the other Cities, shall submit an application on behalf of the four Cities for a Dakota County Community Waste Abatement Grant. C. The City of West St. Paul shall submit a reimbursement request that complies with the Dakota County Community Waste Abatement Grant Program Guidelines and Application. D. The City of West St. Paul shall purchase equipment and supplies for the Program through procedures that are most beneficial to the Program. Contracts let and purchases made shall conform to statutory requirements applicable to the Cities. 5. CONTRIBUTIONS OF FACILITIES AND FUNDS BY CITIES. A. Each City shall determine which of its resources will be available to the Program, including specifically any facilities, equipment, funds or personnel to be made available for Program activities. Each City will use reasonable efforts to provide a workspace with appropriate office supplies and equipment to allow an environmental technician to fulfill page 15 the requirements of the Program. If a City chooses to have the technician spend office time at their facility, that city will provide a workspace with appropriate office supplies and equipment to allow the technician to fulfill the requirements of the Program. The schedule of the technician will be determined at a later date. B. The Cities intend that the Program be fully funded by Dakota County with some City in-kind waste diversion activity or funding by each City as a percentage match determined by the County to the County’s funding. The Cities will attempt to operate within the funding provided by Dakota County, but it is feasible that the costs to operate the Program could potentially be higher than the funding provided. In the case of a funding shortage, Cities shall make up the funding deficit in the below manner for each situation described: 1) If costs are higher than funding: West St. Paul shall alert the Cities as soon as it is aware that the potential exists for a funding shortage and shall attempt to make modifications to the services that still meet the requirements of the Program to offset the shortage prior to the shortage occurring. If measures cannot be taken to address the shortage, the shortage shall be made up by the Cities according to the grant funding percentage allocated to or on behalf of each City in relation to the total grant funding received by the Cities (as determined by the County’s grant funding allocation model). 2) If a City doesn’t provide its in-kind waste diversion activity or funds or accurately report it to West St. Paul by required deadlines in accordance with County requirements: That City shall be responsible for any funding shortage associated with its lack of reporting or failure to provide its in-kind waste diversion. C. The environmental specialist in charge of the Program will be housed in either West St. Paul City Hall or Mendota Heights City Hall. The West St. Paul City Clerk will supervise the environmental specialist with input from designated supervisory contacts in South St. Paul, Mendota Heights, Sunfish Lake or Lilydale. 6. PERSONNEL. The City of West St. Paul shall establish standards and qualifications for its personnel. West St. Paul’s Recycling Services personnel shall be deemed employees of the City of West St. Paul, not of the other member Cities. West St. Paul personnel shall be responsible for carrying out the Program and the terms and conditions of the Application and any resulting grant. 7. INSURANCE AND INDEMNIFICATION. A. General Liability Insurance. Each individual 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. Each City shall maintain public liability insurance coverage on the Public Resources made available for the Program. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any City is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any City may withdraw from this Agreement after giving the page 16 other member Cities at least thirty (30) days written notice of its intent to withdraw. 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 any other City 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 any other City or its officers, employees or agents. C. Indemnification. 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 party 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 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. The Cities agree that liability under this Agreement is controlled by Minnesota Statute § 471.59, subdivision 1a, and that the total liability for the participating cities shall not exceed the limits on governmental liability for a single entity of government as specified in Minnesota Statute § 466.04, subdivision 1. 8. DURATION. A. Any City may withdraw from this Agreement on December 31 of any year. Written notice of termination must be given to the other Cities at least ninety (90) days prior thereto. B. Upon a City's withdrawal from the Agreement or termination of the Agreement any resources will be promptly returned to the City that provided a resource to the Program. C. In the event of written notification to withdraw, the remaining Cities shall meet to consider modifying the Agreement to continue without the withdrawing City or to terminate. page 17 9. PRIOR AGREEMENTS SUPERSEDED. This Agreement supersedes and repeals all prior agreements among the Cities related to the recycling service. IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. Dated: ____________________ CITY OF WEST ST. PAUL BY: Its Mayor AND Its City Clerk Dated: ___________________ CITY OF SOUTH ST. PAUL BY: Its Mayor AND Its City Manager Dated _____________________ CITY OF MENDOTA HEIGHTS BY: Its Mayor AND Its City Clerk Dated: ___________________ CITY OF SUNFISH LAKE BY: Its Mayor AND Its City Clerk Dated: ___________________ CITY OF LILYDALE page 18 BY: Its Mayor AND Its City Clerk page 19 Request for City Council Action DATE: November 17, 2020 TO: Mayor, City Council, and City Administrator FROM: Scott Goldenstein, Assistant Fire Chief Cheryl Jacobson, Assistant City Administrator SUBJECT: Probationary Firefighter Appointments INTRODUCTION The City Council is asked to approve the appointment of six candidates to the position of probationary firefighter with the Mendota Heights Fire Department. BACKGROUND Staff has completed the recruitment process to fill vacant firefighter positions within the Mendota Heights Fire Department. A conditional offer has been extended, contingent upon the successful completion of a pre-employment physical, background check and approval of the City Council to the following candidates: Jeffrey Bostic, Luke Olson, Dustin Truesdell, David Perrault, Steven Reamer, and Michael Agan. The candidates anticipated start date with the Department is December 1, 2020. Each will begin firefighter training courses in January, 2021. BUDGET IMPACT Probationary firefighter pay is $10.30 per hour for fire calls and training and is included in the budget. ACTION RECOMMENDED Upon completion of the conditional offer contingencies, staff recommends that the City Council approve the appointment of Jeffrey Bostic, Luke Olson, Dustin Truesdell, David Perrault, Steven Reamer, and Michael Agan as probationary firefighters. ACTION REQUIRED If City Council concurs, it should by motion, approve the appointment Jeffrey Bostic, Luke Olson, Dustin Truesdell, David Perrault, Steven Reamer, and Michael Agan as probationary firefighters. page 20 DATE: November 17, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Consider Solar Array Electrical Wiring Changes at the Mendota Heights Fire Station Comment: Introduction: The City Council is asked to approve electrical changes which were not part of the original Fire Station contract, but are necessary to complete and protect the installation of the rooftop solar panels. Background: The City has previously entered into a contract with Ideal Energies to install additional solar panels on the new portion of the Fire Station. The new array expands the number of solar panels which were on the original part of the building. It was known at the time of architectural design that the solar panels were going to be added, but the specific details were not known. The emergency generator which has been installed to provide power to the building now is found to require a change in wiring, so that the solar panels aren’t charged when the generator is activated. If it remains in the current setup, it would damage the solar arrays, and will also present a safety hazard should the generator “kick-in” while someone is working on the panels. This additional needed work is not the result of a design omission or error. Ideal Energies’ original quote was for $6319.15 to make the changes. However, after further negotiations, they have agreed to charge only for the necessary parts and labor, and have agreed to donate the engineering and planning costs. That reduces the cost to the City to $3919.15. Budget Impact: Funding for this would come from the Fire Station Contingency, which had an original amount of $290,000. This added electrical expense was not included in the Fire Station budget update which was most recently made in late October. However, even with this proposed change, the project is still anticipated to come in approximately 3% under budget. Because this is work which is not under contract with any of the Fire Station’s contractor, a regular Change Order is not needed. Recommendation: I recommend authorizing the rewiring work to be done by Ideal Energies, or a designated contractor. page 21 Action Required: If the Council concurs, it should, by motion, authorize Ideal Energies or its designated contractor to make the necessary electrical wiring modifications for a price of $3919.15. Mark McNeill City Administrator page 22 MEMO DATE: November 17, 2020 TO: Mayor, City Council and City Administrator FROM: Sharon Hinze, Utility Billing Clerk SUBJECT: Delinquent Utility Charges COMMENT: INTRODUCTION: The City Council is asked to take action to certify for collection delinquent water and utility charges, for collection along with taxes payable 2021. DISCUSSION: There are currently 41 delinquent sewer accounts totaling $17,817.42 to be certified to Dakota County for collection with property taxes, per City Code 10-3-7. In the year 2019, the City certified approximately $25,233.86 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 32 water accounts with the Board of Water Commissioners of the City of St. Paul totaling $5,822.94 to be certified this year. In the year 2019, the City certified approximately $3,054.32 of delinquent water charges to Dakota County for collection with property taxes. In addition, in accordance with 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. In accordance with City Code and City Ordinance, staff has 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 2020 and collectable in 2021. 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 9, 2020, the amount due, plus seven percent (7%) interest and that a $50.00 charge will be certified to Dakota County for collection with property taxes. ACTION REQUIRED: To certify these for collection, the City Council must approve the attached Resolutions: RESOLUTION NO. 2020-78 “RESOLUTION CERTIFYING DELINQUENT UTILITY CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” and RESOLUTION NO. 2020-79 “RESOLUTION CERTIFYING DELINQUENT WATER CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES.” page 23 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020 - 78 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 9, 2020, 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 9, 2020, are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 27-69800-00-060 $375.56 27-69703-01-020 $476.62 27-17150-02-100 $476.62 27-42100-08-130 $140.96 27-03800-13-020 $533.54 27-04200-00-170 $476.62 27-22450-02-060 $496.84 27-22450-02-050 $476.62 page 24 27-17151-04-010 $476.62 27-38600-03-050 $476.62 27-38600-04-070 $476.62 27-17100-01-210 $570.98 27-71150-13-040 $476.62 27-49200-01-021 $604.64 27-69702-07-140 $505.82 27-46500-01-010 $476.62 27-02300-50-021 $506.58 27-42100-08-070 $476.62 27-54200-01-081 $476.62 27-44955-03-030 $388.82 27-17150-05-060 $519.30 27-83300-00-110 $379.84 27-03800-36-051 $545.52 27-27800-05-090 $490.10 27-64600-02-170 $754.50 27-18301-01-200 $476.62 27-27800-18-060 $528.30 page 25 27-28400-04-110 $476.62 27-27800-20-011 $577.68 27-64600-01-020 $375.56 27-19150-00-070 $391.06 27-45300-00-020 $476.40 27-18302-06-110 $476.62 27-41601-02-010 $607.76 27-04100-36-011 $111.00 27-04100-36-017 $87.46 27-02400-75-010 $106.72 27-04000-25-010 $575.58 27-57500-03-110 $225.18 27-42100-01-040 $164.22 27-15100-01-020 $104.82 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 9, 2020, 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 2020 collectable in 2021. page 26 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 17th day of November, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________________________ Neil Garlock, Mayor ATTEST _____________________________________________ Lorri Smith, City Clerk page 27 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2020 - 79 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, 2019 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, 2020 are more particularly described as follows: PARCEL ID NUMBER AMOUNT DUE 27-57500-02-230 $173.98 27-42100-08-120 $423.32 27-17100-01-210 $230.08 27-13350-00-025 $146.18 27-42100-07-070 $131.48 27-17150-02-100 $300.98 27-76402-03-070 $118.66 27-37601-01-050 $276.52 27-17850-00-160 $123.38 27-02400-79-060 $492.68 27-54200-01-081 $135.74 27-71050-00-370 $127.20 page 28 27-71050-00-360 $196.78 27-23365-03-030 $168.84 27-48401-01-020 $153.22 27-38600-03-050 $214.70 27-38600-04-070 $105.62 27-03500-03-010 $131.48 27-17850-00-450 $159.76 27-69702-07-140 $157.08 27-44955-02-030 $97.32 27-02300-50-021 $202.04 27-27800-01-030 $118.66 27-27800-11-030 $238.20 27-27800-04-050 $80.24 27-27800-18-060 $228.16 27-27800-21-010 $108.48 27-27800-19-180 $101.58 27-03800-36-051 $152.82 27-18301-01-200 $209.90 27-48350-01-250 $230.30 27-44780-02-030 $87.56 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the total of said water charges set forth above is hereby adopted and confirmed as the proper unpaid utility charges due for the above-described properties through the middle of October, 2020 for each of said lots, pieces and parcels of land shall be a lien concurrent with the general taxes upon such parcels and all thereof. 2. That the total amount of said water charges shall be payable with general taxes for the year 2020 collectable in 2021. page 29 3. That the Utility Billing Clerk shall prepare and transmit to the Dakota County Auditor a certified copy of this Resolution with the request that each of said amounts shall be extended upon the property tax lists of Dakota County to be thereafter collected in the manner provided by law. Adopted by the Mendota Heights City Council this 17th day of November, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS ____________________________________________ Neil Garlock, Mayor ATTEST _____________________________________________ Lorri Smith, City Clerk page 30 11/4/2020 Mendota Heights Building Activity Report Mike Andrejka, Building Official October 1, 2020 thru October 31, 2020 January 1, 2020 thru October 31, 2020 January 1, 2019 thru October 31, 2019 January 1, 2018 thru October 31, 2018 Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected SFD 1 450,000.00$ $5,208.64 SFD 7 3,790,715.00$ $42,078.13 SFD 8 5,921,742.00$ $59,946.17 SFD 7 3,717,052.00$ 41,628.28$ Apartment 0 -$ $0.00 Apartment 1 14,000,000.00$ $95,628.64 Apartment 1 9,135,000.00$ $63,519.64 Apartment 1 9,466,820.00$ 65,710.84$ Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 0 -$ $0.00 Townhouse 20 4,938,993.89$ 54,408.16$ Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$ Misc 69 936,557.39$ 13,141.29$ Misc 645 8,928,655.04$ 117,387.30$ Misc 601 9,134,499.17$ 151,080.56$ Misc 520 7,646,396.57$ 103,615.61$ Commercial 2 55,000.00$ $819.75 Commercial 12 1,429,090.00$ $13,501.69 Commercial 22 11,886,972.00$ $51,258.78 Commercial 16 8,791,959.00$ 63,172.89$ Sub Total 72 1,441,557.39$ 19,169.68$ Sub Total 665 28,148,460.04$ 268,595.76$ Sub Total 632 36,078,213.17$ 325,805.15$ Sub Total 564 34,561,221.46$ 328,535.78$ Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Plumbing 13 $1,206.00 Plumbing 151 $16,394.88 Plumbing 193 $27,998.67 Plumbing 189 30,532.72$ Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 0 -$ Sewer 2 $150.00 Sewer 18 $1,350.00 Sewer 12 $900.00 Sewer 36 2,700.00$ Mechanical 38 $3,290.49 Mechanical 284 397.00$ $30,879.01 Mechanical 260 $34,866.13 Mechanical 408 52,739.52$ Sub Total 53 4,646.49$ Sub Total 453 48,623.89$ Sub Total 465 $63,764.80 Sub Total 633 85,972.24$ License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Contractor 0 $0.00 Contractor 0 $0.00 Contractor 304 $15,200.00 Contractor 282 14,100.00$ Total 125 1,441,557.39$ 23,816.17$ Total 1118 28,148,460.04$ 317,219.65$ Total 1401 36,078,213.17$ 404,769.95$ Total 1479 34,561,221.46$ 428,608.02$ NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals page 31 page 32 page 33 page 34 page 35 page 36 page 37 page 38 page 39 page 40 page 41 page 42 CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION MEETING OCTOBER 13, 2020 The October meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 13, 2020, at Mendota Heights City Hall, 1101 Victoria Curve. 1. Call to Order – Chair Steve Goldade called the meeting to order at 6:30 p.m. 2. Roll Call – The following Commissioners were present: Chair Steve Goldade, Commissioners: Pat Hinderscheid, Bob Klepperich, Stephanie Meyer, Dan Sherer and Amy Smith; Absent: Patrick Cotter. Staff present: Recreation Program Coordinator, Meredith Lawrence, Assistant City Administrator, Cheryl Jacobson and Public Works Director, Ryan Ruzek. 3. Pledge of Allegiance The Pledge of Allegiance was recited. 4. Approval of Agenda Motion Klepperich/second Meyer, to approve the agenda AYES 6: NAYS 0 5.a Approval of Minutes from September 8, 2020 Regular Meeting Motion Hinderscheid/second Klepperich to approve the minutes of the September 8, 2020 Parks and Recreation Commission Regular Meeting. AYES 6: NAYS 0 6. Citizen Comment Period (for items not on the agenda) None. 7. Acknowledgement of Reports Chair Goldade read the titles of the three updates (Par 3, Recreation, and Park Improvement Updates) and polled the Commissioners for questions. 7.a Par 3 Update Recreation Program Coordinator Meredith Lawrence briefly reviewed the 2020 August Financial Report. She reported that the course will remain open as long as it can, dependent upon weather. She stated that the crews have done a great job maintaining the course throughout the season and are preparing for the end of the season. Commissioner Hinderscheid stated that it is known that there is an increase in play due to COVID-19 and asked if there has been thought put into how those new customers could be maintained in the future. Ms. Lawrence stated that golf courses nationwide have done well in 2020 according to trends. She stated that staff will continue to think about how those repeat customers could be gained. She stated that they have tried to improve the experience and focus on safety this year and will attempt additional marketing. She believed that many of the new golf customers would continue to play in 2021. Commissioner Hinderscheid asked if there are any loyalty programs. page 43 Ms. Lawrence provided details on the punch card that is available. She stated that staff is also looking at the potential to provide a monthly golf news update via email. She noted that the price for golf at the course is pretty reasonable. She stated that this year staff were shifted from other departments to cover the golf course duties and their time was coded to their appropriate department. She explained that the clubhouse salaries would return as an expenditure in 2021. 7.b Recreation Update Recreation Program Coordinator Meredith Lawrence stated that the superhero masquerade is not going to occur this year and instead a rec pack option is being offered. She stated that staff have begun planning for warming houses and skate season, noting that they are looking for the appropriate staffing for those elements. 7.c Parks Improvement Update Recreation Program Coordinator Meredith Lawrence reported that an unofficial noise test was performed, and notification was provided for the proposed pickleball courts at Friendly Hills. She stated that the notification asked that residents concerned express those concerns to staff prior to tonight’s meeting or at the meeting. She stated that if there are no objections, she would like a recommendation from the Commission on going forward with the project. It was confirmed that there have been no comments related to the proposed improvement. Motion Klepperich/second Meyer to recommend moving forward on the improvement of the hockey rinks at Friendly Hills Park to create pickleball courts. Further discussion: Mary Melzarek, 717 Navajo Lane, commented that she is not against the improvement but does have some questions on the plan to make this area suitable for pickleball and the related improvements, such as tree removal. She referenced another improvement that occurred at the park and believed that there are additional trees that need to be planted in replacement of trees that were removed. She asked the potential for night play and whether the flood lights would be on year-round. Ms. Lawrence stated that the Marie Park hockey rink was painted with an epoxy covering to create a good surface, which will be the same process for Friendly Hills. She stated that the City currently does not utilize lighting for tennis or pickleball courts and she does not plan to utilize lighting to allow playing longer than sunset. Ms. Melzarek asked if any other sites were reviewed for the pickleball courts. Ms. Lawrence replied that the City has studied pickleball for the past three years and has reviewed several sites and options. She stated that Friendly Hills was chosen because of its location and the ability to provide another recreation option to residents at a lower cost because of the existing infrastructure. Commissioner Smith commented that there was an attempt to choose a site further from Marie Park, in order to offer pickleball to more residents. Public Works Director Ryan Ruzek stated that he is not aware of outstanding tree planting that is scheduled for Marie Park. He noted that there are trees that cam be planted this fall and can recommend the location suggested by the resident. page 44 Commissioner Smith commented that she believes that some of those trees were replanted on the other side of the hockey rink when the replanting occurred. Chair Goldade explained that this option was also selected by the Commission because of the cost efficiency. He explained that there is a much higher cost to construct new pickleball courts compared to this resurfacing which will still provide a new recreation option in another area of the city. AYES 6: NAYS 0 8. New Business 8.a Park Bench Donation Public Works Director Ryan Ruzek provided details on the park bench donation program. Mendota Heights received a bench donation for 2020 from David Miller in memory of Pauline Dueber Wiesner. Mr. Miller has requested to place the bench at Victoria Highlands Park near the playground and Mr. Ruzek read the proposed language for the plaque. Motion Klepperich/second Smith to recommend that the City Council accept the bench donation from Mr. David Miller to be placed at Victoria Highlands Park. Further discussion: Commissioner Hinderscheid asked if the donation amount is still consistent with the actual cost. Mr. Ruzek replied that each site is different depending upon the earthwork but the purchase of the bench results in a 50/50 split between the City and resident donation. AYES 6: NAYS 0 8.b Valley Park Improvements Public Works Director Ryan Ruzek stated that as part of the Marie Avenue rehabilitation, the Valley Park parking lot and basketball court went through the replacement process. A new sidewalk to the park was also installed. He provided an update on the status of the different improvements. He asked the Commission for input on the type of striping they would like to add. Commissioner Hinderscheid asked if the four square and other striping is being used. Mr. Ruzek replied that he is unaware if that striping is used but noted that some children use those elements at schools. Commissioner Smith commented that type of striping was added at Friendly Hills, therefore it must still be used. Mr. Ruzek provided details on the dimensions of the court, noting that all the additional striping wou ld occur between the bridge and bollards. He also provided details on parking lot striping. He described the resurfacing process that occurred. Motion Meyer/second Smith to direct staff to complete basketball striping, hopscotch, and four square with staff choosing the best location for the basketball hoop. page 45 Further discussion: Commissioner Sherer asked if the markings would be completed this fall or in the spring. Mr. Ruzek replied that it would be done in the spring. AYES 6: NAYS 0 Mr. Ruzek provided additional details on the components of the Marie Avenue project. 9. New Business 9.a Field and Facility Use Policy Review Recreation Program Coordinator Meredith Lawrence provided an overview of the Field and Facility Use Policy and its application during the 2020 season, including the impact of COVID-19 and preparation for 2021. Chair Goldade commented that it was his understanding that the issue of fees is the decision of the Council and not this group, therefore that should not be a part of tonight’s discussion. Ms. Lawrence said they could provide feedback or a recommendation to the City Council. Commissioner Smith referenced SALVO Soccer and their priority rating. She commented that MHAA higher does not provide a traveling soccer opportunity for Mendota Heights children and believes that those organizations should have at least the same priority ranking. Ms. Lawrence stated that prior to her employment with the City full-time, the users worked out the field use on their own and the City did not permit the use. She explained that the policy was then adopted, and the priority list was developed through a process that used criteria to determine the ranking. She stated that she could bring that request to the Council to review. She provided additional explanation on the priority ranking and the criteria for those priority groups. She commented that the criteria have not changed much since the 2018 plan. Commissioner Smith asked for details on the concession stand fee. Ms. Lawrence explained that the Council sets all of the different department fees and provided additional clarification. Commissioner Sherer asked if the fees are the same for the for different user groups. Ms. Lawrence provided clarification on the different fees for the different user groups. Commissioner Sherer recognized that this has been a different year with COVID-19. He commented that the parks and trails were heavily used this year as were fields once it was determined those facilities could be used. He provided examples of different user groups he noticed at the parks and facilities this year which were unique and placed higher demand on the City facilities. He stated that it is not always clear when a field is reserved or permitted and noted that it would be helpful to have a calendar on the website that shows permitted reservations. He also asked if there is a way to make the permit process easier, acknowledging that there are many user groups and moving pieces to manage. He asked if there could be flexibility on the three permitting deadlines, noting that registrations often run into May, so it is difficult to have the information prepared by the February deadline. page 46 Commissioner Meyer asked if the City Council has asked or considered reviewing this policy against the policies of neighboring communities. She asked if this process is more complicated than other cities. Ms. Lawrence stated that the decision for three seasons has been helpful for the user groups, but she would be open to changing the deadline or process. She stated that she is in contact with other cities and provided details on the policies, or lack thereof, in other neighboring communities. She stated that the Council reviewed the policies of other cities in 2018 and advised that she is part of the state association which discusses field use policies regularly and acknowledged that there is not a perfect policy. She stated that although she would like to share the calendar, the problem would be blanket permitting which provide residents with inaccurate data. She agreed that the priority should be given to users from Mendota Heights. Commissioner Sherer stated that blanket permitting can be helpful as there are game nights and practice nights, while some coaches choose not to hold practices. He suggested that for those practice nights, perhaps there is a caveat that if no one is on the field five minutes past the start time, the field is open for public use. Commissioner Smith asked how the user groups have been with providing schedules after reserving the field. Ms. Lawrence explained that communication ebbs and flows with the different user groups. She stated that there are times when she receives great communication and times when she does not receive communication. She stated that the City does not receive accurate game schedules. She stated that she would rather continue to reserve the fields on practice nights to prevent situations where multiple groups are trying to claim facilities unpermitted at one time. Chair Goldade suggested that this discussion continue the next month and between now and then each of the Commissioners should put more thought into the topic and provide suggestions next month as to how this could be improved. Ms. Lawrence confirmed that could be done. She commented that staff is also working to schedule a worksession related to parks and recreation activities with the City Council. 9.b Marie Park Playground RFP Recreation Program Coordinator Meredith Lawrence stated that the Parks and Recreation Commission established a playground work group that met with staff in order to develop criteria for the Marie Park Playground Remodel RFP. The majority of the current playground at Marie Park was built in 2005, although some pieces are existing and were not replaced in 2005. The cost of the playground remodel was $38,532. A standard for playgrounds has been 15 to 20 years of service. Commissioner Meyer referenced the features requested and believed the RFP should just say swings as she would not want to limit swing configurations. She stated that she would also want to say at least three slides and would not want to limit that to three as there are currently six slides at the park. She confirmed that there was a lot of discussion related to the shape of the container and would like to hear the input from staff on the grading and container shape. Public Works Director Ryan Ruzek felt that the red line would be too close to the pond. He stated that he is unsure that map would be included in the RFP and would instead highlight a larger area where the playground could be without interfering with other uses and the pond. page 47 Commissioner Hinderscheid stated that he spoke with a user of the park today that would really like to see monkey bars and perhaps that would be a nice feature. Commissioner Meyer commented that monkey bars are a good idea, but they did not want to include that as a feature that could limit the design. She noted that there are currently monkey bars at two parks in close proximity and therefore they did not want to limit the possible features as monkey bars use a lot of space. Commissioner Sherer referenced the installation date and suggested that read 2021. He commented that May 7th may be a little aggressive depending upon when frost leaves the ground. He stated that this is a very robust RFP, which is impressive. He stated that perhaps it should include a page limit. Motion Meyer/second Hinderscheid to recommend to the City Council the action to issue the RFP in order to advertise for bids for the replacement of the Marie Park Playground, with the changes discussed by the Commission. AYES 6: NAYS 0 9.c Skate Park Work Group Update Recreation Program Coordinator Meredith Lawrence provided a list of members involved in the work group. She also commented that the group has met four times and is making great progress. Commissioner Klepperich stated that this has been an interesting experience and lesson in citizen involvement. He commented that he has been impressed with the make up of the group, the enthusiasm and what has been accomplished. He provided background information on the skate park. He believed that the work group meetings have been beneficial and noted that all members of the group equally participate, including the youth members. He stated that the biggest accomplishment thus far has been to develop expectations of users that can be shared via signage that will be presented to the Commission at the next meeting. He stated that they are currently reviewing other potential locations or whether improvements should be made to the current location. Commissioner Smith commented that she has also been impressed with the members of and input from the work group and the process is going well. Ms. Lawrence thanked Commissioners Smith and Klepperich for their participation in the work group. 10. Staff Announcements Recreation Program Coordinator Meredith Lawrence shared the following announcements: • Warming house and skating staff will be needed for the winter season, applicants can find the information on the City website or at City Hall • The golf course will remain open as long as it can based on the weather • Other events can be found on the city’s website 11. Student Representative Update None. page 48 12. Commission Comments and Park Updates Commissioner Smith • The Friendly Hills soccer field and basketball hoop are well used. • Market Square Park is heavily used for outdoor eating. Commissioner Meyer • Marie Park is heavily used for pickleball • Victoria Highlands Park is in good shape Chair Goldade • A Mendota Heights Police Officer was recently playing basketball with children at Marie Park, which was a great example of proactive policing • Skating will occur at Wentworth Park, weather permitting • Movie night was a huge success at Mendakota Park Commissioner Hinderscheid • The donated park bench at the dog park is a great feature that was added, and the trees planted will eventually provide great shade • Users of the dog park are very complimentary of the park Commissioner Klepperich • Visited Mendakota Park and was impressed with the condition of the fields and the cleanliness of the park Commissioner Sherer • The parks continue to get great use with the warmer weather • Kensington Park is being well used and looks great • Hagstrom King was heavily used • Concern was expressed as to how low the hoops can be lowered and damage that could possibly occur 13. Adjourn Motion Klepperich/Second Meyer to adjourn the meeting at 8:29 PM AYES 6: NAYS 0 Minutes drafted by: Amanda Staple TimeSaver Off Site Secretarial, Inc. page 49 Request for City Council Action MEETING DATE: November 17, 2019 TO: Mayor Garlock and City Council FROM: Mark McNeill, City Administrator Tim Benetti, Community Development Director SUBJECT: Discuss Ordinance No. 560 [DRAFT] - An Interim Ordinance Placing a Moratorium on Proposed Development, Subdivision or Certain Construction and Building Activity Requiring a Permit for Properties Situated in the Critical Area Overlay District Introduction The City Council is asked to consider adopting proposed Ordinance No. 560, which establishes temporary moratorium on any proposed and/or requested land use application requests, including single-family, multi- family, business and industrial developments; new subdivision plats; or construction activity requiring certain land disturbance or building permits. This moratorium would apply to all properties situated in the current Critical Area Overlay District (see attached map). Background Under Minnesota State Statute 426.355, Subd. 4, local governments have the authority to enact moratoriums on development in order to protect the planning process, and to allow cities time to conduct and complete a study (if needed), for the purpose of considering adoption or amendment of a comprehensive plan or official controls as defined in section 462.352, Subdivision 15, to-wit: "Official controls" or "controls" means ordinances and regulations which control the physical development of a city, county or town or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. The governing body of the municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective. Discussion Mendota Heights has enacted moratoriums over the years, including ones related to cellular towers, detached accessory structures and garages, certain industrial uses, massage therapists and adult-establishment uses. As part of the city’s recent 2040 Comprehensive Plan project, the amended plan included a chapter specifically related to the Mississippi River Critical Corridor Area (MRCCA), which essentially covers the same limits of the current Critical Area Overlay district. In 2016, the Minnesota Department of Natural Resources (DNR) revised the rules and regulations governing development within the MRCCA for all those communities that contain a MRCCA boundary. The plan identifies and incorporates some of these rules, which will be implemented later into the City’s zoning ordinance [official controls] after plan approval. page 50 Local communities within the corridor are required to complete a MRCCA plan as a chapter of their Comprehensive Plan by the end of 2021. The rules also require local governments to update their MRCCA plans and MRCCA ordinances for consistency with the rules. As the city council is fully aware, an official application for a new residential subdivision was submitted to the city by the Culligan family near the NW quadrant of Glenhill Road and Victoria Curve. This plat originally included a request to plat 8 new single-family lots, which included a conditional use permit (CUP), variances and a critical area permit (CAP), due to its location in the Critical Area. The developer recently submitted a revised plat application showing only 5 lots, and still includes the CUP and CAP applications, but no variances. This revised plan is scheduled for another public hearing before the Planning Commission at the November 24th meeting, with a follow-up hearing at the December 1st council meeting. Since the original review of this subdivision plat in July, the surrounding neighbors have continually expressed a number of concerns related to the potential impacts this new development may have in this area, especially with the bluff areas, soils, hydrology and other environmental issues. As such, the residents have now requested the city council consider implementing and adopting this interim ordinance (moratorium), until such time the city considers and adopts the new DNR rules and regulations for properties inside the MRCCA/Critical Area Overlay District. Before adopting the interim ordinance, the city council must hold a public hearing after providing written notice to any person who has submitted a housing proposal, has a pending housing proposal, or has provided a written request to be notified of interim ordinances related to housing proposals. At this time, the city currently has under official consideration Planning Case No. 2020-15 (Michelle Culligan, etal - Preliminary Plat of Valley View Oak 3rd Addition and related applications); and Planning Case No. 2020-24 (Keith Ostrosky / Steve Norton – Lot Split and CAP for 1680 Lexington Avenue). Written notices will be provided to the applicants and owners noted in each planning case. Attached for the council’s review is a proposed [DRAFT] Ordinance No. 560, an Interim Ordinance placing a Moratorium on any proposed development, subdivision plat or any construction activity requiring certain land disturbance or building permits in the Critical Area Overlay District. This proposed resolution has been reviewed by the City Attorney' s office for compliance with state statutes and rules on local government enacted moratoriums. During this 12-month moratorium period, city staff will research and present information to the planning commission and city council as soon as it becomes available; and intends to have a final zoning ordinance amendment presented for adoption in the near future. Recommendation A statutory or home rule charter city may adopt an interim ordinance that regulates, restricts, or prohibits a housing proposal only if the ordinance is approved by majority vote of all members of the city council. As noted, the city council must first hold a public hearing after providing written notice to any person who has submitted a housing proposal (or has a pending housing proposal). The date of the public hearing shall be the earlier of the next regularly scheduled city council meeting after the notice period or within ten days of the notice. The activities proposed to be restricted by the proposed interim ordinance may not be undertaken before the public hearing. If the City Council wishes to give official consideration on this interim ordinance, it should set a public hearing for December 1, 2020, at 7:00 PM, City Hall – Council Chambers. This draft ordinance before the city council is for review purposes only. If the council wishes to move this item forward, the official ordinance for adoption will be presented at the December 1st meeting. This action requires a simple-majority vote of the council. page 51 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 560 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS The City Council of the City of Mendota Heights, Dakota County, Minnesota (the “City”) does hereby ordain as follows: WHEREAS, under Chapter 3 Critical Area Overlay District of the Mendota Heights City Code, the City of Mendota Heights finds that the Mississippi River corridor within the metropolitan area and the city is a unique and valuable local, state, regional and national resource; the river is an essential element in the local, regional, state and national transportation, sewer and water and recreational system and serves important biological and ecological functions; and the prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the health, safety and general welfare of the city; and WHEREAS, the City of Mendota Heights has determined that certain development activities in the current Critical Area Overlay District may pose a threat to surrounding properties and may be detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City’s comprehensive plan, zoning, and development regulations may not adequately address various impacts to the public health, safety, and general welfare that potential uses or new developments may present to the overlay district; and, WHEREAS, in order to provide adequate time for study, analysis, and consider finalization of potential city code or comprehensive plan amendments related to any new development in the Critical Area Overlay District and/or Mississippi River Critical Corridor Area (“MRCCA”), the City Council of the City of Mendota Heights, Minnesota, does hereby ordain the following: page 52 SECTION 1. AUTHORITY. 1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section 462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof while the City is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. SECTION 2. PURPOSE 2.1 The purpose of this interim ordinance is to protect the planning process and to ensure the health, safety, and welfare of the citizens of Mendota Heights by placing a temporary moratorium on the submittal and consideration of critical area permit applications needed to authorize and approve any proposed building permit, zoning approval, subdivision approval, or certificate needed for any action or development on properties situated in the Critical Area Overlay District within the City. 2.2 The ordinance will allow the City to complete a study and consider adoption of comprehensive land use and zoning regulations and/or amendments. 2.3 The City Council is concerned that the City’s current zoning regulations, especially Chapter 3 – Critical Area Overlay District, may not adequately address specific land use standards and regulations needed to protect the properties in and around the critical area district. 2.4 In addition to the proper zoning classifications and development standards of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses in this overlay district. 2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of interim zoning ordinances. SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by City staff or a contracted consultant in order to determine and new land use standards and regulations to be adopted and implemented into an updated Critical Area Overlay District chapter or a new MRCCA chapter. The scope of the study should include, but is not limited to the following: a) The statutory authorization and policies of the city; b) General provisions and definitions of the district; c) Administration of the district; d) Special land use provisions, including structure standards such as height, placement page 53 (setbacks) and lot sizes; e) Performance standards for private and public facilities; f) Vegetation and woodland management standards; g) Land alteration standards; h) Stormwater management standards; and i) Subdivision and land development standards. 3.2 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study and adoption of any amendments to the City’s official controls, a moratorium is established on the issuance of any development and land-use approvals, including but not limited to critical area permits, preliminary plats, re-zonings, variances, conditional use permits, site plans, and/or building permits and licenses. 3.4 Exempted from this moratorium will be any development or construction activity that meets the requirements of City Code Section 12-3-5, Subd., 5 – as a minor development; or any development or construction activity that does not expand the outer footprint of a building or attached structure. 4.4 This ordinance will be effective for a period of twelve (12) months after its effective date. SECTION 4. ENFORCEMENT 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. SEPARABILITY 5.1 Every section, provision or part of this ordinance is declared separable from every other section, provision or part of this ordinance. If any section, provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision, or part of this ordinance. page 54 This ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an ordinance this 1st day of December, 2020. CITY COUNCIL OF MENDOTA HEIGHTS /s/Neil Garlock, Mayor Attest: /s/ Lorri Smith, City Clerk page 55 MendotaLilydaleSt. PaulWest St. PaulSunfish LakeEaganLake A ug u s ta L a k e L e M a y Rogers LakeGun Club LakeFIRE HALLCopperfield PondPickerel LakeMississippi RiverSomersetGolf Course(Private)Fort Snelling State ParkResurrectionCemeteryCity Halland PolicePublic WorksGarageFire HallMendakota Golf Course(private)St. ThomasAcademyHenrySibleySeniorHighMendotaElem.Friendly HillsMiddle SchoolPar 3 (Public)AcaciaParkCemeteryVento's View(Wildlife Viewing Station)RamseyCountyParkÊÚÊÚScenic Overlook(Dakota County)St. Peter'sCemeteryMENDOTA BRIDGE Minnesota RiverSomersetElementarySchoolDodgeNature Center£¤13£¤13£¤55£¤13HEIGHTS LNMINA STDEW§¨¦494§¨¦494£¤55§¨¦35E§¨¦35EDODD RDDELAWARE AVE DODD RDDELAWARE AVE DODD RDDODD RDEagan§¨¦494PILOT KNOB RD^_2^_1^_3Mendakota Golf Course(Private)!(1!(2!(3!(5!(4JUPITER DR BrownCollege!(6Convent of theVisitation School!(7Friendly MarshBOURN LNVA L E NCOUR C RHIDDEN CREEK PATHNATURE WAYMARKET STMAIN STLINDEN STOAK ST4A3B2C1DE1234EDCBALe CordonBleuIceArenaK A R L H . PL 89ASPEN WAYBIRCH CTRIVERSIDE LNGLEN TORO RDDELAWARE AVEMARIE AVE WMENDOTA HEIGHTS RDSMITH AVELEXINGTON AVE ONEILL RDLILYDALE RDWENTWORTH AVE WVICTORIA RD D S T HUBER DROTTAWA AVE ANNAPOLIS ST CHEROKEE AVE LAKE DRLEM AY LAKE RD NORTHLAND DRWACHTLER AVEHWY SIBLEY MEMORIALWAGON WHEEL TRLRUTRAPP RDWALSH LN 4TH STBLUE GENTIAN RDDIANE RDBLUEBILL DRDECORAH LN3RD AVECHIPPEWA AVE APACHE ST JAMES RDHUNTER LNLILAC LNCHERI LNTIMMY STSYLVANDALE RDNORTHWEST PKYLAURA STCENTRE POINTE CURSOUTH LNE ST PAGEL RD G S T LO NE O AKP TRAIL RDHILLTOP RDAZTEC LNWARRIOR DR DOUGLAS RDF S T THERESA ST CHEYENNE LNC ST COPPERFIELD DRVICTORIA CURDORSET RDWILLIAM CTEMERSON AVEWESLEY LNENTERPRISE DRSUMMIT LNOVERLOOK RDCALLAHAN PLKNOB RDEVERGREEN KNLMEARS AVESTAPLES AVEORCHARD PLBACHELOR AVEKEOKUK LNIVY H ILL D R PUEBLO LN§¨¦35EFIELD STONE DRVANDALL STAVANTI DRFOX PLACACIA DR POND VIEW DRCONCORD WAYMENDOTA RD WMIRIAM STME D OR A RDWINSTON CTGRIEVE GBL UE WSWAN DROCALA LNABBEY WAYTWIN CIRCLE DRSUTTON LNLILAC RDSOMERSET RDWA TERS DRIVEVISITATION DRSTANWICH LN4TH AVEACACIA BLVDLEMAY AVEIVY FALLS AVEPATRICIA ST CULLIGAN LNS PLAZA DRKAY AVEWOODRIDGE DRC H ERR Y H IL L R D LONE OAK PTMENDAKOTA DRFARMDALE RDGLENHILL RDHIAWATHA AVEVIEW LNHAMPSHIRE DRBEEBE AVESTRATFORD RDDODGE LNWILLOW LNRIDGE PLMEDALLION DRHAVERTON RDK NOLL W OO D LN FREEWAY RD NAPACHE LNCENTRE POINTE DRSPRING STCELIA DRALICE LNCREEK AVECULLEN AVEMAPLE PARK DRMAPLE STCAREN RDPERRON RDFREMONT AVEV ALL E Y C U R V E R D STONE RDFARO LNKIRCHNER AVEJUNCTION LNARCADIA DRMONET LNJOHN STLONDON RDKENDON LNSTONEBRIDGE RDNAVAJO LNVICKI LNUPPER COLONIAL DRAPACHE CT HIGHVIEW CIR SBRIDGEVIEW CTWHITFIELD DRPARK PLACE DRC LEMENT S T POND CIR EPOND CIR WD O W N IN G S TARBOR CTEXECUTIVE DRHAVENVIEW CTLEMAY LAKE DRKRESSIN AVE LAKEVIEW AVEMEN D A K OT A C T ORCHARD CIRCONDON CT HIGHVIEW CIR NWHITE OAKS DRNATURE VIEW LN KINGSLEY CIR NORCHARD HLNORMA LNODS DRPUEBLO DR KINGSLEY CIR SCHARDEL CTHIWASSEE TERFURLONG AVEDARLA CTCLAR EM O NT DRFOXWOOD LNELLEN STMAYFIELD HEIGHTS RDIVY FALLS CTCANTON CT BROOKFIELD LNVICTORY AVEBLUFF CIRHAMPSHIRE CTARVIN DR ADELINE CTMAGER CTLAURA CTMAPLE PARK CTOXFORD CTVICTORIA CTGR YC C T WINTHROP CTHEATHER CT BWANA CTRAE CT£¤110ORME ST W§¨¦494 BUTLER AVEBE N T TR E E L N BLUE GENTIAN RD C OM M E R CE DRSUNSET LN£¤110K NOLL W OO D LN PRIVATE ROAD2ND STSIBLEY CT PRIVATE RD2ND AVEPARK LN2ND ST1ST AVE RID GE P L MOHICAN CTPONTIAC PLCOLESHIRE LNCOLESHIRE LNCOLESHIRE LNFREEWAY RD SEAGLE RIDGE RDEAGLE RIDGE RDEAGLE RIDGE RD HI N GHA M C IR SWAN CTLANSFORD LNLANSFORD LNBROOKSIDE LNBROOKSIDE LNBROOKSIDE LNSIMARD STVAIL DRHIGH PO IN T RD WATERSEDGE TERROGERS CTROUND HILL RDNASHUA LNPONDHAVEN LNESTHER LN CLEME N T S T CAS C A D E LNCASCADE LN ROGERS AVE DIEGO LN CENTRE POINTE BLVDPARK CIRCROWN POINT DRLOWER COLONIAL DRLOWER COLONIAL DRNINA CTPRESERVE PATHWESTVIEW TERWESTVIEW TERDEER RUN TRLHILLTOP CTMARY ADELE AVEMARY ADELE AVESTOCKBRIDGE RDOCALA CTOVERLOOK LNBARBARA CTHOKAH AVEDAKOTA DRIVELAKE A U G U STA D R BRO M PT O N P LGARDEN LNSUTCLIFF CIRSTONEBRIDGE LNBEDFORD CTHAZEL CTWESLEY CTPAMELA LNKINGSLEY CTROLLING GREEN CURW CIRCLE CTHIGH RIDG E CIR HIGH RIDG E C IR HIGH POINT CTSTONEBRIDGE CTSTONEBRIDGE CTWILSHIRE CTDEER TRAIL PTQUAIL RIDGE CIRVERONICA LNSYLVANDALE CTNATURE VIEW CTFALLS VIE W C T DOUGLAS CTPONDHAV EN CIR CA REN C TKNOLLW OOD CTCROWN CIRSOMERSET CT CROWN CTMORSON CIRWINSTON CIRMEDORA CTMAYFIELDCOVENTRY CTDEER TRAIL CTWINDWOOD CTPOND VIEW CTWESTVIEW CIRTOM THUMB BLVDSPRING CREEK CIRFIELD STONE CTHAVERTON CIRSYLVANDALE CT SPOND V IE W T E R MENDOTA HEIGHTS CIR BOARDWALK LOCKWOOD DR 3RD STASHLEY LNHUNTER CTCYGNET LN SUMMIT LNDODD RDPERRON RDWACHTLER AVE DOUGLAS RDIVY LN R ID GEW O O D D R VALLEY LNJAMES CTHERITAG E D R EMERSON AVE1ST AVE.....................................................................E22ND AVE....................................................................E23RD AVE....................................................................E24TH AVE.....................................................................E2ABBEY WAY...............................................................E4ACACIA BLVD.............................................................C3ACACIA DR.................................................................C3ADELINE CT...............................................................D2ALICE LN....................................................................D4ANNAPOLIS ST W.....................................................E1APACHE CT................................................................E4APACHE LN................................................................E4APACHE ST................................................................E4ARBOR CT..................................................................E4ARCADIA DR...............................................................E1ARVIN DR...................................................................D3ASHLEY LN.................................................................E1AVANTI DR.................................................................D3AZTEC LN...................................................................E3BACHELOR AVE.........................................................E2BARBARA CT.............................................................D2BEDFORD CT.............................................................E4BEEBE AVE................................................................E1BENT TREE LN..........................................................E4BLUEBILL DR.............................................................D4BLUFF CIR..................................................................D2BOARDWALK...............................................................D2BOURN LN.................................................................C4BRIDGEVIEW CT.......................................................E4BROMPTON PL..........................................................E1BROOKFIELD LN........................................................E4BROOKSIDE LN.........................................................E2BUTLER AVE..............................................................E1BWANA CT.................................................................D3CALLAHAN PL............................................................E3CANTON CT................................................................E4CAREN CT..................................................................D2CAREN RD..................................................................D2CASCADE LN..............................................................E1CELIA DR....................................................................D2CENTRE POINTE BLVD.............................................C3CENTRE POINTE DR.................................................C3CENTRE POINTE CUR...............................................C3CHERI LN....................................................................D4CHERRY HILL RD.................................................D2,E2CHEYENNE LN...........................................................E4CHIPPEWA AVE..........................................................E1CLAREMONT DR........................................................E4CLEMENT ST..............................................................E2COLESHIRE LN...........................................................E1COMMERCE DR..........................................................B4CONCORD WAY..........................................................E4CONDON CT................................................................D4COPPERFIELD DR......................................................E4COVENTRY CT............................................................D3CREEK AVE.................................................................E3CROWN CIR.................................................................D3CROWN CT..................................................................D3CROWN POINT DR......................................................D3CULLEN AVE................................................................D3CULLIGAN LN...............................................................C3CYGNET LN..................................................................D4DAKOTA DR.................................................................D3DECORAH LN...............................................................E4DEER TRAIL CT...........................................................D2DEER TRAIL PT...........................................................D2DELAWARE AVE..........................................E1,E2,E3,E4DIANE RD.....................................................................D2DIEGO LN......................................................................E1DODD RD.....................................................D4,E1,E2,E3DODGE LN....................................................................E3DORSET RD..................................................................E1DOUGLAS CT................................................................D2DOUGLAS RD...............................................................D2DOWNING ST................................................................E1EAGLE RIDGE RD.........................................................D3ELLEN ST.......................................................................E1EMERSON AVE..............................................................E1ENTERPRISE DR..........................................................C4ESTHER LN...................................................................E1EVERGREEN KNL.........................................................E2EXECUTIVE DR.............................................................C4FALLS VIEW CT.............................................................E1FARMDALE RD........................................................D2,E2FARO LN.......................................................................D3FIELD STONE CT..........................................................E4FIELD STONE DR..........................................................E4FOX PL...........................................................................E3FOXWOOD LN...............................................................E2FREEWAY RD N...........................................................E3FREEWAY RD S...........................................................E3FREMONT AVE.............................................................E1FURLONG AVE.............................................................C4GARDEN LN.................................................................E1GLEN TORO RD...........................................................E3GLENHILL RD..............................................................C3GRYC CT......................................................................E2HAMPSHIRE CT...........................................................E4HAMPSHIRE DR..........................................................E4HAVENVIEW CT..........................................................E4HAVERTON CIR..........................................................E4HAVERTON RD...........................................................E4HAZEL CT....................................................................D4HERITAGE DR.............................................................E4HIAWATHA AVE..........................................................E1HIDDEN CREEK PATH................................................E2HIGH POINT CT...........................................................E4HIGH POINT RD..........................................................E4HIGH RIDGE CIR.........................................................E3HIGHVIEW CIR N........................................................D2HIGHVIEW CIR S.........................................................D2HILLTOP CT.................................................................E3HILLTOP RD.................................................................E3HINGHAM CIR..............................................................E1HIWASSEE TER...........................................................E1HOKAH AVE.................................................................E3HUBER DR...................................................................E4HUNTER CT.................................................................C3HUNTER LN.................................................................C3HWY 110...........................................................C3,D3,E3HWY 13........................................B4.C2,C3,C4,D1,D2,E1HWY 55.............................................................B3,C3,C4HWY SIBLEY MEMORIAL......................................B3,B4I-35E....................................................................D2,D3,D4I-494................................................................A4,B4,C4,D4IVY FALLS AVE.............................................................E1IVY FALLS CT...............................................................E1IVY HILL DR.................................................................E1IVY LN..........................................................................E2JAMES CT....................................................................D2JAMES RD...................................................................D2JOHN ST......................................................................E1JUNCTION LN..............................................................E1JUPITER DR................................................................C4KARL HOHENSTEIN PL..............................................E3KAY AVE......................................................................D3KENDON LN................................................................C4KEOKUK LN.................................................................E4KINGSLEY CIR N.........................................................C2KINGSLEY CIR S.........................................................C2KINGSLEY CT.............................................................C2KIRCHNER AVE..........................................................E1KNOB RD....................................................................E3KNOLLWOOD CT........................................................E1KNOLLWOOD LN..................................................E1,E2KRESSIN AVE.............................................................D4VAIL DR.......................................................................D3VALENCOUR CR.........................................................C3VALLEY CURVE RD....................................................D3VALLEY LN..................................................................E1VANDALL ST...............................................................E2VERONICA LN.............................................................C3VICKI LN......................................................................D2VICTORIA CT..............................................................D3VICTORIA CUR......................................................C3,D3VICTORIA RD........................................................D2,D3VICTORY AVE.............................................................C3VIEW LN......................................................................E1VISITATION DR..........................................................D4W CIRCLE CT.............................................................D3WACHTLER AVE..................................................D2,E3WAGON WHEEL TRL................................................D4WALSH LN..................................................................D3WARRIOR DR.............................................................E3WATERS DR...............................................................C4WATERSEDGE TER...................................................E4WENTWORTH AVE W...............................................E2WESLEY CT................................................................E3WESLEY LN................................................................E3WESTVIEW CIR..........................................................D4WESTVIEW TER.........................................................D4WHITFIELD DR...........................................................E4WILLIAM CT................................................................D3WILLOW LN...........................................................D3,E3WILSHIRE CT..............................................................E4WINDWOOD CT..........................................................D3WINSTON CIR.............................................................E1WINSTON CT..............................................................E1WINTHROP CT...........................................................E4WOODRIDGE DR........................................................E1PUBLIC BUILDINGS: 1) CITY HALL/POLICE.................................................C32) FIRE HALL...............................................................D33) MAINTENANCE CENTER........................................C4SCHOOLS1) St. Thomas Academy................................................D42) Friendly Hills Middle School.......................................E43) Mendota Elementary School......................................D34) Somerset Elementary School......................................E25) Henry Sibley Senior High School................................E36) Brown College............................................................B47)Convent of the Visitation School.................................D48)Cordon Blue................................................................C49)St. Thomas Ice Arena.................................................D4LAKE AUGUSTA DR.......................................................C3LAKE DR.........................................................................D4LAKEVIEW AVE..............................................................C4LANSFORD LN................................................................E2LAURA CT.......................................................................E1LAURA ST.................................................................E1,E2LEMAY AVE.....................................................................B4LEMAY LAKE DR............................................................C3LEMAY LAKE RD............................................................C4LEXINGTON AVE.................................................C2,C3,C4LILAC LN.........................................................................D2LILAC RD...................................................................D2,D3LINDEN ST......................................................................E3LOCKWOOD DR..............................................................E4LONDON RD....................................................................E1LOWER COLONIAL DR.............................................D2,E2MAGER CT......................................................................E3MAIN ST..........................................................................E3MAPLE ST.......................................................................E3MAPLE PARK CT.............................................................E1MAPLE PARK DR............................................................E1MARIE AVE W...........................................................D2,E2MARKET ST....................................................................E3MARY ADELE AVE.........................................................D3MAYFIELD HEIGHTS LN................................................D2MAYFIELD HEIGHTS RD................................................D2MEARS AVE....................................................................E1MEDALLION DR.............................................................C4MEDORA CT...................................................................E1MEDORA RD............................................................E1,E2MENDAKOTA CT...........................................................D3MENDAKOTA DR..........................................................D3MENDOTA HEIGHTS CIR.............................................E4MENDOTA HEIGHTS RD..............................B4,C4,D4,E4MIRIAM ST.....................................................................E1MOHICAN CT.................................................................E4MONET LN................................................................D4,E4MORSON CIR................................................................E4NASHUA LN...................................................................E4NATURE WAY...............................................................E2NAVAJO LN....................................................................E4NINA CT.........................................................................D2NORMA LN.....................................................................E1NORTHLAND DR.....................................................B4,C4OAK ST..........................................................................E3OCALA CT......................................................................E4OCALA LN......................................................................E4ORCHARD CIR..............................................................C2ORCHARD HL................................................................C3ORCHARD PL................................................................C3OVERLOOK LN..............................................................D2OVERLOOK RD.............................................................D2OXFORD CT..................................................................D3PAGEL RD.....................................................................E4PAMELA LN...................................................................E2PARK CIR......................................................................D2PARK LN........................................................................E4PARK PLACE DR...........................................................D2PATRICIA ST.................................................................D3PERRON RD.................................................................B4PILOT KNOB RD...........................................................B4POND CIR E..................................................................E4POND CIR W.................................................................E4POND VIEW CT.............................................................E4POND VIEW DR............................................................E4POND VIEW TER..........................................................E4PONDHAVEN CIR.........................................................E4PONDHAVEN LN.....................................................D4,E4PONTIAC PL..................................................................E4PUEBLO DR...................................................................E4PUEBLO LN...................................................................E4QUAIL RIDGE CIR.........................................................E4RAE CT..........................................................................D2RIDGE PL.................................................................D3,E3RIDGEWOOD DR..........................................................E2ROGERS AVE...............................................................D4ROGERS CT..................................................................D4ROLLING GREEN CUR.................................................D3ROUND HILL RD...........................................................E2S PLAZA DR..................................................................E3SIBLEY CT.....................................................................E3SIMARD ST...................................................................E1SOMERSET CT.............................................................E2SOMERSET RD............................................................E1SOUTH LN....................................................................E3SPRING CREEK CIR.....................................................E3SPRING ST...................................................................E1STANWICH LN.............................................................E2STAPLES AVE..............................................................E1STOCKBRIDGE RD......................................................E4STONE RD...................................................................E4STRATFORD RD.........................................................D3SUMMIT LN...........................................................D2,D3SUNSET LN.................................................................E1SUTCLIFF CIR..............................................................E1SUTTON LN.................................................................E2SWAN CT....................................................................D4SWAN DR....................................................................D4SYLVANDALE CT........................................................E1SYLVANDALE CT S.....................................................E1SYLVANDALE RD........................................................E1THERESA ST..............................................................D3TIMMY ST...................................................................D3TOM THUMB BLVD....................................................D3TRAIL RD....................................................................E2TWIN CIRCLE DR.......................................................D3UPPER COLONIAL DR................................................E2MUNICIPAL (CITY) PARK / OPEN SPACE 1) Friendly Hills Park......................................................E42) Friendly Marsh Park..............................................E3,E43) Hagstrom King Park...................................................E44) Ivy Hills Park..............................................................E15) Kensington Park........................................................E46) Marie Park.................................................................D27) Mendakota Park.......................................................D38) Rogers Lake Park.....................................................D49) Valley Park...........................................................D2,D310) Victoria Highland Park.............................................D211) Wentworth Park......................................................E2COUNTY/REGIONAL PARK 1) Fort Snelling State Park...................................A4,B3,B42) Dodge Nature Center.................................................E3GOLF COURSES 1) Mendakota Golf Course (private)...............................D32) Somerset Golf Course (private)..................................E23) Par 3 (public).............................................................E2CEMETERIES 1) Acacia Park Cemetery................................................B32) Resurrection Cemetery..........................................C3,C43) St. Peter's Cemetery..............................................B3,C3This drawing is neither a legally recorded map nor a survey and is not intendedto be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document shouldbe used for reference only. No representation is made that features presented accuratelyreflect true location. The City of Mendota Heights, or any other entity from which datawas obtained, assumes no liability for any errors or omissions herein. If discrepanciesare found, please contact the City of Mendota Heights..City of Mendota HeightsCRITICAL AREA MAPMinnesotaPUBLIC BUILDINGSCHOOLSECTION LINECITY BOUNDARYLAKE/RIVERCRITICAL AREAOTHER MUNICIPALITYLast updated November 2006City of Mendota Heights Engineering Departmentx:\gis\criticalarea\criticalarea.mxd^`!(Sources:City of Mendota HeightsDakota County Surveying &Land Information Departmentpage 56 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 560 AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS The City Council of the City of Mendota Heights, Dakota County, Minnesota (the "City") does hereby ordain as follows: WHEREAS, under Chapter 3 Critical Area Overlay District of the Mendota Heights City Code, the City of Mendota Heights finds that the Mississippi River corridor within the metropolitan area and the city is a unique and valuable local, state, regional and national resource; the river is an essential element in the local, regional, state and national transportation, sewer and water and recreational system and serves important biological and ecological functions; and the prevention and mitigation of irreversible damage to this resource and the preservation and enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the health, safety and general welfare of the city; and WHEREAS, the City of Mendota Heights has determined that certain development activities in the current Critical Area Overlay District may pose a threat to surrounding properties and may be detrimental to the public health, safety, and general welfare of the citizens of the City of Mendota Heights; and, WHEREAS, the City's comprehensive plan, zoning, and development regulations may not adequately address various impacts to the public health, safety, and general welfare that potential uses or new developments may present to the overlay district; and, WHEREAS, in order to provide adequate time for study, analysis, and consider finalization of potential city code or comprehensive plan amendments related to any new development in the Critical Area Overlay District and/or Mississippi River Critical Corridor Area ("MRCCA"),the City Council of the City of Mendota Heights, Minnesota, does hereby ordain the following: SECTION 1. AUTHORITY. 1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section 462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the jurisdiction or a portion thereof while the City is conducting studies, or has authorized a study to be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. SECTION 2. PURPOSE 2.1 The purpose of this interim ordinance is to protect the planning process and to ensure the health, safety, and welfare of the citizens of Mendota Heights by placing a temporary moratorium on the submittal and consideration of critical area permit applications needed to authorize and approve any proposed building permit, zoning approval, subdivision approval, or certificate needed for any action or development on properties situated in the Critical Area Overlay District within the City. 2.2 The ordinance will allow the City to complete a study and consider adoption of comprehensive land use and zoning regulations and/or amendments. 2.3 The City Council is concerned that the City's current zoning regulations, especially Chapter 3 —Critical Area Overlay District,may not adequately address specific land use standards and regulations needed to protect the properties in and around the critical area district. 2.4 In addition to the proper zoning classifications and development standards of such uses, there are a number of significant planning and land use issues pertaining to the regulation of such uses in this overlay district. 2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of 'a1 interim v>ordinances to,.re!1 ate., rg5L� ct. �� l�r�>l�ubut a� y au;;se, �le;veiol�nllgq, g! sljbdivisioti withit the ,ij!ausdictio:>n or a ortio pthereofFor_a��eri�>al n�>�t.�t.o e�.ceed �>ne ear from tl�e �a�te i�t.is effective..,- SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM. 3.1 A study is authorized to be conducted by City staff or a contracted consultant in order to determine and new land use standards and regulations to be adopted and implemented into an updated Critical Area Overlay District chapter or a new MRCCA chapter. The scope of the study should include,but is not limited to the following: a) The statutory authorization and policies of the city; b) General provisions and definitions of the district; C) Administration of the district; d) Special land use provisions, including structure standards such as height, placement (setbacks) and lot sizes; e) Performance standards for private and public facilities; f) Vegetation and woodland management standards; g) Land alteration standards; h) Stormwater management standards; and i) Subdivision and land development standards. 3.2 Upon completion of the study, the matter is to be considered by the Planning Commission for its review and recommendation to the City Council. 3.3 Pending completion of the study and adoption of any amendments to the City's official controls, a moratorium is established on the issuance of any development and land-use approvals, including but not limited to critical area permits, preliminary plats, re-zonings, variances, conditional use permits, site plans, and/or building permits and licenses. 3.4 Exempted from this moratorium will be any development or construction activity that meets the requirements of City Code Section 12-3-5, Subd., 5 — as a minor development; or any development or construction activity that does not expand the outer footprint of a building or attached structure. 4.4 This ordinance will be effective for a period of twelve (12) months after its effective date. SECTION 4. ENFORCEMENT 4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by imprisonment for up to 90 days and a fine of$1,000.00 or both,plus the costs of prosecution. Each day that a violation occurs shall be considered a separate offense. 4.2 The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. SEPARABILITY 5.1 Every section,provision or part of this ordinance is declared separable from every other section,provision or part of this ordinance. If any section,provision, or part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section,provision, or part of this ordinance. This Orditiatice shalltals.e. e ffe. i.� e. d..i a.,.[...e I. elate ................................................................................................................................................................. ............... . .. ....................... liot) of the official cotarols coptertil la ed heretuideE,tfle rel eal of this ord�'��.' .................................................................................................................................................................................................................... Decernber 1,, 202 1, whichever occtus first. .......................................................................... .............................. .................................................................................................................................................... T4 a.-t+4-44ef t�we-4ak-41-49 Adopted and ordained into an ordinance this I" day of December, 2020. CITY COUNCIL OF MENDOTA HEIGHTS /s/Neil Garlock, Mayor Attest: /s/Lorri Smith, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA SUMMARY ORDINANCE NO. AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS NOTICE IS HEREBY GIVEN that, on December 1, 2020, Ordinance No. was adopted by the City Council of the City of Mendota Heights, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. , the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council exercises the City of Mendota Heights's authority under Minn. Stat. § 462.355, subd. 4 to place a temporary moratorium on proposed development, subdivision, and certain construction and building activities, including the submittal and consideration of critical area permit applications needed to authorize and approve any proposed building permit, zoning approval, subdivision approval, or certificate needed for any action or development on properties situated in the Critical Area Overlay District within the City. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hours at the office of the City Administrator/City Clerk or on the City's website. PASSED,ADOPTED and APPROVED FOR PUBLICATION by the City Council of the City of Mendota Heights, Minnesota, this I"day of December 2020. CITY COUNCIL OF MENDOTA HEIGHTS /s/Neil Garlock, Mayor Attest: /s/Lord Smith, City Clerk The following information was provided by Mark and Julie Hunt, regarding the request for a moratorium page 57 Ecological and Water Resources 1200 Warner Road St. Paul, MN October 5, 2020 Mendota Heights Planning Commission 1101 Victoria Curve Mendota Heights, MN 55118 RE: Valley View Oak 3rd Addition Plat, Mendota Heights, Dakota County Dear Planning Commission, The Department of Natural Resources would like to offer the following comments on the Valley View Oaks 3rd Addition Plat approval request. The exposed rock and sediment in bluff complexes along the Mississippi River Corridor are naturally vulnerable to failure. Any change in force, soil moisture, and vegetative cover has the potential to destabilize them. It is important to avoid: loading the top of a slope with moisture, allowing water to drain over a slope, and undercutting the toe of a slope. Project consultants have prepared reports addressing these potential risks. The DNR is not in a position to evaluate these reports and we advise the city to review them carefully, along with additional technical evaluations commissioned by Mendota neighbors downhill of the project site, before making a decision. This is important because in 2015, the DNR, with funding from the Federal Emergency Management Agency (FEMA), completed a study of bluff failures associated with the June 2014 rain events in the Minnesota and Mississippi River valleys (including nearby failures along Highway 13). The study found that bluff failures occurred where slopes had been modified for building foundations, stormwater management facilities, or road construction, and that these modifications contributed to the failures. Links to this study and additional information on bluffs and slopes are on the DNR’s Bluff and Slope Protections page. Lastly, I would like to address prior comments attributed to Dan Petrik of the DNR. His comments were limited to reviewing the project for compliance with the City’s Critical Area ordinance, which requires a 40-foot setback from the top of bluff. Mr. Petrik’s comments were not an endorsement of the project, only a statement that it appeared to meet the City’s current bluff setback standard. He also noted that the City will need to update its Critical Area ordinance to comply with the statewide critical areas rules that were adopted in 2017. Those rules classify slopes of 18% or greater as bluffs and prohibit any development or land alteration on or within 20 feet of bluffs, which is more restrictive than the City’s current 40% bluff definition. A large portion of the project site contains slopes of 18% and greater. While development on these slopes is allowed under the City’s current ordinance, it would not be allowed under the statewide rules or the City’s future ordinance once it is amended to comply with the rules. The City will be notified to start the ordinance update in January 2021 and will have one year to complete the process. page 58 The DNR appreciates the opportunity to comment on this matter. Sincerely, Taylor Huinker Area Hydrologist CC: Dan Petrik, DNR Land Use Specialist Jack Gleason, DNR South District Hydrologist Supervisor Sincerely, Taylor Huinker page 59 page 60 October 5, 2020 Ms. Julie Hunt 1224 Culligan Lane Mendota Heights, Minnesota 55118 PRELIMINARY HYDROGEOLOGIC INVESTIGATION OF BLUFF AREA IN GLENHILL ROAD/VICTORIA CURVE PROPOSED DEVELOPMENT On behalf of residents near the Glenhill Road/Victoria Curve (project area) proposed development, a preliminary hydrogeologic investigation was carried out. This report describes the methods of the investigation, the preliminary findings, and several aspects of potential concern. METHODS The investigation made use of publicly available information from several sources. These were: Maps and reports from the Minnesota Geological Survey Well logs in the Minnesota Well Index (MWI) Dakota County GIS tool Also, documents provided by the City of Mendota Heights (City) to the residents from the developer, including: A Braun Intertec geotechnical report containing soil borings (Braun borings) Several letters, reports, and drawings from the Culligan family and their consultants (developers) In addition, I paid a field visit to the surrounding properties to observe several springs adjacent to the project area page 61 October 5, 2020 Page 2 FINDINGS Geology The project area is mapped as having a surficial deposit of glacial till from the Twin Cities member of the Grantsburg Sublobe, the last, late-Wisconsinan glacial event which overrode and incorporated Cromwell Formation deposits (Meyer, 2007; Meyer and Patterson, 1999). The Braun logs refer to this material as having a clayey sand (SC) texture which is consistent with the published descriptions of this Formation. At the foot of the bluff in the project area and to the southwest of the project there can be found surficial outwash and glaciofluvial deposits consisting of sandy materials. These deposits are shown in Figure 1. The bedrock geology underlying the glacial deposits is mapped as having the Decorah Shale potentially extending into project area and extending to the east and south. This shale is underlain by the Platteville Formation, a dolomitic limestone which contains a number of vertical and horizontal partings capable of transmitting groundwater. The Platteville is mapped as subcropping beneath the project area (Mossler, 2013). These deposits are shown in Figure 2. The Minnesota Well Index (MWI) shows several well with logs describing their construction and encountered stratigraphy. Several of the well logs in the immediate vicinity of the project were used to construct a geologic fence diagram starting to the southwest and running to the soil borings in the project area, then to wells east of project area, then continuing to wells to the northwest. The location of these wells are shown in Figure 3, and the fence diagram is shown in Figure 4. Hydrogeology Springs have been identified in the bluff area; four of these springs have been mapped as shown in Figure 5. The inferred elevations from Figure 5 indicate that these springs occur at elevations of 805 to 810, and of 840 feet above mean sea level (ft msl). DISCUSSION The project area upland and bluff slope is generally overlain vertically by approximately 80 to100 ft of glacial till. Braun boring logs indicate the presence of sand layers at depth (between 850 and 870 ft msl) within the till which are attributed to be weathered sandstone or may be glaciofluvial deposits. The latter interpretation is more likely, based on the elevation of these sand deposits which is much shallower than the bedrock and the occurences of subcropping sandstone. The MWI well logs confirm that subcropping Decorah does extend into the project vicinity at least near Glenhill Road and potentially further east at an elevation of approximately 830 ft msl. Immediately under the project area is likely subcropping Platteville limestone, and at the foot of the bluff St. Peter Sandstone is the subcropping bedrock, overlain by glacial till and outwash or alluvial deposits. What is not known at this time is how far into the bluff area the page 62 October 5, 2020 Page 3 Decorah or Platteville extends and how much till mantles the bedrock surface, as this can have an influence on the source of the springs groundwater. The lower elevations for the mapped springs correspond to middle of Platteville Fm where a high-transmissivity parting is commonly located (Runkel et al., 2015). These springs could potentially be the result of a thin mantling of till over the bedrock and a direct transmission of Platteville ground water to the land surface. The higher spring elevation may be related to groundwater flow to the bluff on the surface of the Decorah Shale. Again, this may potentially indicate that the Decorah as well has a a thin mantling of till over the unit. Alternatively, all of the springs may be related to sand layers within the stratigraphy of the glacial sediment on the bluff face, similar to the one encountered in the basal portion of the Braun borings (Braun Intertec, 2020). Such sand layers are not mentioned in the MWI well logs which only indicate undifferentiated drift deposits; this is a common description reported from mud rotary-drilled wells intended for a bedrock water source. Only one of the Platteville wells in the neighborhood, No. 244795, reported a static water level which indicated that groundwater within the Platteville is moderately confined and consistent with providing groundwater to the lower set of springs. The drawings provided to date for the proposed construction of the project indicate one or two retention walls. The construction of these retention walls and the terracing of the bluff can raise several hydrogeologic concerns. One is that any structural footing or driven piles can potentially interrupt the groundwater flow within the till deposits, resulting in an interruption of existing flow patterns and the buildup of groundwater levels. Subsequently there can potentially be new springs emerging with erosion of the walls and slope failures. Another concern is that the infiltration rates may be altered by the creation of flatter land in the terraces with a potential buildup of groundwater with the above-mentioned effects. While drain tiles and other drainage features can be proposed, their long-term fate is being plugged by the influx of fines, precipitation of iron and other cations from the groundwater, and biofouling without regular cleaning, treatment, and replacement. To avoid these potential problems, the stratigraphy of the till and the delineation of the bedrock units in the bluff area should be determined by deeper soil borings before construction is allowed to proceed with their information fully incorporated into the project design. The processes occurring on the bluff face are part of a larger pattern of this vicinity. The Village of Mendota occupies a bowl-shaped re-entrant in the bluff face. This feature post-dates the creation of the Minnesota-Mississippi River valley and a potential origin is that the bluff face has progressively eroded back into the slope because of unique features in the stratigraphy and hydrogeology. Seepage of groundwater over time can create amphitheater-like sapping hollows of this scale. Sapping at lower horizons removes material, undercuts the slope and leads to gravitational failure (Dr. Carrie Jennings, October 5, 2020). Bedrock faults may focus groundwater discharge. In specific, the fact that the two northern wells, Nos. 273735 and 207247 have a bottom-of-Platteville contact approximately 20 feet lower than the two southern page 63 October 5, 2020 Page 4 wells, No. 244795 and 242894 may be due to a vertical-displacement fault trending into the bowl which can be supplying groundwater flows within the bluff. Steep slopes may be prone to failure either by landsliding or sudden collapse; examples of both can be found within a radius of a few miles of this site. The shallow Braun borings may not have penetrated the accumulated colluvium that can deeply bury in situ glacial sediment and rock on active, post-glacial slopes like these (Dr. Carrie Jennings, personal communication, October 5, 2020). Stability of a steep slope is maintained as long as the balance of driving forces and resisting forces are not disrupted. Driving forces include the total load on the slope (weight of the soil, rock, water vegetation and anything built). The slope can fail if load is increased. The resisting forces are the force of the material that push back or hold up the bluff or lead to friction between grains. Cutting into the lower slope can decrease resisting forces and lead to failure. Alterations to the way water drains can also lead to a decrease in resisting forces by building up water pressure and reducing the friction forces within the sediment (Jennings, et al., 2016) Construction on the slope is potentially changing both driving and resisting forces. Driving forces may increase with the building of homes. Resisting forces may decrease with alterations to the slope that locally steepen it for retaining wall construction and the build-up of pore-water pressure. It is clear that groundwater is being transmitted to deeper layers and emerges at the elevation of the springs on the bluff face. Failures in locations with similar stratigraphy have involved all of the material above the elevation of the springs with the entire hillside rotating and in some cases liquefying as it flows to lower elevations (e.g. Fig. 11, Jennings et al., 2016). Professional Certification: I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Geologist under the laws of the State of Minnesota. Kelton D. Barr, PG License Number: 41410 October 5, 2020 page 64 October 5, 2020 Page 5 REFERENCES CITED Braun Intertec, Inc. (September 28, 2020) Preliminary Geotechnical Evaluation, Valley View Oak Third Addition, Mendota Heights, Minnesota; report to Mr. Larry Culligan; 12 p. Jennings, Carrie E., M. Presnail, E. Kurak, R. Meier, C. Schmidt, J. Palazzolo, S. Jiwani, E. Waage, J. Feinberg (2016) Historical Landslide Inventory for the Twin Cities Metropolitan Area: Minnesota DNR EcoWaters Report of Investigations, 34 p. https://files.dnr.state.mn.us/waters/watermgmt_section/shoreland/landslide- inventory.pdf Meyer, Gary N. (2007) Surficial Geology of the Twin Cities Metropolitan Area, Minnesota: Minnesota Geological Survey Miscellaneous Map Series Map M-178; 1 plate. Meyer, Gary N. and Carrie J. Patterson (1999) Surficial Geology of the Anoka 30 x 60 Minute Quadrangle, Minnesota: Minnesota Geological Survey Miscellaneous Map Series Map M-97; 1 plate. Mossler, John H (2013) Bedrock Geology of the Twin Cities Ten-County Metropolitan Area, Minnesota: Minnesota Geological Survey Miscellaneous Map Series Map M-194; 1 plate. Runkel, Anthony C., Julia R. Steenberg, Robert O. Tipping, Steve Jansen, and Adrew Retzler (April, 2015) Hydraulic Conductivity and Hydrostratigraphy of the Platteville Formation, Twin Cities Metropolitan Area, Minnesota: Minnesota Geological Survey Open File Report 15-1; 35 p. page 65 Project locationFigure 1. Glacial geology of project vicinity (Meyer, 2007)page 66 Project locationFigure 2. Bedrock geology in the project vicinity (Mossler, 2013)page 67 ST-3ST-2ST-1Figure 3. Location of MWI wells and fence diagram locationpage 68 A BC (West)(East)(Northwest) 756466 544269 ST-3 ST-2 ST-1 244795 242894 273735 207247 920 918 916 914 912 910 908 906 904 902 900 898 896 GLACIAL 894 DRIFT 892 890 888 886 884 882 GLACIAL GLACIAL 880 DRIFT DRIFT 878 876 874 (wx'd Ss) 872 870 868 866 864 862 860 (wx'd Ss) 858 856 854 852 (wx'd Ss) 850 848 846 844 842 840 838 836 834 832 830 828 DECO- 826 RAH DECO- 824 RAH CLAY 822 & ROCKS 820 SHALE 818 PLATTE- 816 VILLE 814 812 810 808 806 804 802 PLATTE-PLATTE- 800 VILLE VILLE 798 PLATTE- 796 GLEN-VILLE 794 GLEN-WOOD 792 WOOD SHALE 790 SHALE 788 786 784 SAND/ 782 CLAY 780 778 776 GLEN- 774 WOOD 772 SHALE 770 SAND 768 ST. 766 PETER 764 762 760 ST. 758 PETER 756 754 752 Static water level 750 748 Date of SWL reading 746 744 Pumping water level 742 740 738 736 CLAY 734 732 GRAVEL 730 728 726 724 722 720 718 716 SAND 714 712 710 ROCK 708 706 704 702 700 698 696 694 SAND- 692 ROCK/ 690 SHALE 688 5/5/2009 686 684 682 680 678 676 674 672 SAND- 670 ROCK 668 (Osp) 666 664 662 660 658 656 654 652 650 648 646 644 642 640 638 636 634 632 630 628 626 624 622 620 618 SHAKOPEE 616 ROCK DOLOMITE 614 612 610 608 606 604 602 600 598 596 594 592 590 588 586 584 582 7/23/1991 SP Legend 7/23/1991 5/5/2009 10/15/2013 SC SM SC SC SC CL SP Figure 4. Geologic Fence Diagram Figure 2. Geologic Cross Section page 69 842810805810Figure 5. Location of bluff seeps page 70 page 71 page 72 DATE: November 17, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Discuss Date and Process for Interviews of City Council Vacancy Candidates Comment: Introduction: The City Council is asked to affirm a process, and establish a date or dates in which to interview candidates for the vacant City Council position. Background: At a special meeting held November 12th, the City Council accepted with regret the resignation of Elizabeth Petschel from her position on the City Council. Her term was to expire December 31, 2022. In discussions at that meeting, it was decided that the Council would not hold a special election in the immediate future to fill the vacant seat, but to instead advertise the vacancy, and let candidates submit information indicating their interest by November 30th. Then, on December 1st, the current City Council would be given copies of the applications, and then narrow the candidate numbers down to a manageable number to interview. The successful individual would be an interim Councilor, and would hold office until a special election would be held. It was decided that the narrowing of the candidate numbers, and the interviews would be conducted by the current City Council and Mayor-elect Stephanie Levine; however, the actual voting to select the successful candidate would be by the current Council only. An advertisement will be made in the City’s legal newspaper, the St. Paul Pioneer Press, and will also be noted on the City’s webpage and other electronic media. The successful candidate would be in office from their swearing in following the appointment, until a special election was held. Based on the Council’s November 12th discussion, that special election would coincide with the City’s next regular general election on November 8, 2022. At that time, the position would be up for another election, with the term then going from November 9, 2022 to December 31, 2026. Application: It is recommended that interested parties first complete a Candidate Eligibility Form, attesting to their eligibility for office. However, it is also recommended that some statement of qualifications also be required, which could include the following questions (with answers to be submitted in writing): • Why are you interested in being considered for appointment to the vacant Mendota Heights City Council position? • Describe your training, experience, and special attributes which make you qualified for appointment to this position. page 73 Narrowing of the Pool of Candidates Anticipating a large interest in the position, the Council should determine a method of reducing the number of candidates to a number which is manageable to interview. Options include: • Councilors individually going through the applications, and recommending their single (or predetermined number) preference. If a consensus candidate is not apparent when considered at a public meeting, the Council should then determine how many candidates to interview. • Hold a special meeting (open to the public) to go through the names and qualifications of interested candidates, and again determine how many to interview. Interview Dates: The Council should determine a date in which conduct the interviews. If the option described above to hold a meeting to narrow the field is chosen, a date for that meeting should also be determined. A December calendar is attached. Public Information: A question was raised at the special meeting on November 12th as to what applicant information is public. The City Attorney has subsequently provided which candidate information is public, assuming that it is requested and received: That specific information is shown on the attached page. Recommendation: The Council discuss the proposed process and determine dates. It should also discuss and determine what additional questions should be asked of interested candidates. Mark McNeill City Administrator page 74 CANDIDACY ELIGIBILITY FORM Instructions All information on this form is available to the public. Affirmation For the office of City Councilmember, I swear (or affirm) that I have provided my true name or the name by which I am generally known in the community. I also swear (or affirm) that: • I am eligible to vote in Minnesota; • I am, or will be on assuming office, 21 years of age or more; • I will have maintained residence in this district for at least 30 days before the general election (Note: To remain a councilmember, the individual must continue to maintain this residency); • I do not have an impermissible conflict of interest to serve in this office; and • I meet any other qualifications for this office prescribed by law. Candidate Signature: _____________________________________________________ Date: _______________ page 75 13.601 ELECTED AND APPOINTED OFFICIALS. Subd. 3.Applicants for appointment. (a) Data about applicants for appointment to a public body collected by a government entity as a result of the applicant's application for appointment to the public body are private data on individuals except that the following are public: (1) name; (2) city of residence, except when the appointment has a residency requirement that requires the entire address to be public; (3) education and training; (4) employment history; (5) volunteer work; (6) awards and honors; (7) prior government service; (8) any data required to be provided or that are voluntarily provided in an application for appointment to a multimember agency pursuant to section 15.0597; and (9) veteran status. (b) Once an individual is appointed to a public body, the following additional items of data are public: (1) residential address; (2) either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee; (3) first and last dates of service on the public body; (4) the existence and status of any complaints or charges against an appointee; and (5) upon completion of an investigation of a complaint or charge against an appointee, the final investigative report is public, unless access to the data would jeopardize an active investigation. (c) Notwithstanding paragraph (b), any electronic mail address or telephone number provided by a public body for use by an appointee shall be public. An appointee may use an electronic mail address or telephone number provided by the public body as the designated electronic mail address or telephone number at which the appointee can be reached. page 76 page 77 DATE: November 17, 2020 TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: First City Council Meeting in January Comment: Introduction: The Council is asked designate the date of its first regular meeting in January, 2021. Background: The Council is asked to consider changing the date of the first City Council meeting of 2021 to be on the second Tuesday of the month (January 12th) as opposed to the “normal” first Tuesday (January 5th). If approved, the reason for the change would be to allow an opportunity for staff to utilize more accrued vacation time in the holiday week of December 28th through January 1st. With a first Tuesday Council meeting, it requires more staff to be in City Hall during an otherwise slow business cycle, primarily to compile the City Council meeting packet. Moving the meeting to January 12th would move that preparation to the first week of January. The 12th would conflict with the regular Parks and Recreation meeting, and so that would have to be accommodated—either by moving the Commission’s meeting date, or delaying the Commission’s normal 6:30 PM starting time. It is anticipated that the fifth member of the City Council will be appointed by January 1st. The ceremonial swearings-in of that individual, and newly elected Mayor Stephanie Levine, would be held at the first meeting, whenever that might designated. Recommendation: This is not a critical action to approve, but would be appreciated by many members of staff. Therefore, I recommend approval. Action Required: If the Council concurs with the change, it should, by motion, approve the change of the first meeting date of the Council from January 5th, the January 12, 2021. Mark McNeill City Administrator page 78