2023-07-18 City Council Agenda Packet
CITY COUNCIL AGENDA
MENDOTA HEIGHTS CITY HALL - COUNCIL CHAMBERS
Tuesday, July 18, 2023
7:00 p.m.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Moment of Silence in Memory of Officer Scott Patrick, EOW July 30, 2014
5. Adopt Agenda
6. Consent Agenda
a. Approve July 5, 2023 City Council Meeting Minutes
b. Acknowledge May 17, 2023 Airport Relations Commission Meeting Minutes
c. Approve Resolution 2023-40 Declaring Skate Park Equipment Surplus and
Authorizing the Sale of the Items
d. Acknowledge the May 2023 Par 3 Financial Report
e. Approve Resolution 2023-41 Accepting Donations to the Cliff Timm Memorial
Fishing Derby
f. Authorize the Appointment of Dan Johnson as the Mendota Heights Fire
Department Training Officer
g. Approve Endorsement of the MSP Noise Oversight Committees Response Letter to
Request for Comments on the FAA’s Civil Aviation Noise Policy
h. Approve Alcohol License Renewals
i. Acknowledge May 2023 Fire Synopsis
j. Acknowledge June 2023 Fire Synopsis
k. Approval of Claims List
7.Public Comment (for items not on the agenda)
8.Presentations/Recognitions
9.Public Hearings
10.New Business
a.Right-of-Way License Agreement for 1831 Walsh Lane
b.Ordinance 578 Amending No Parking Areas on Warrior Drive
c.Approve Construction Services Contract for the Rogers Lake Skate Park
11.Community Announcements
12.Council Comments
13.Adjourn
Alternative formats or auxiliary aids are available to individuals with disabilities upon request.
Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov
Guidelines for Public Comment Period: The Public Comment Period of the agenda provides an opportunity
to address the Council on items which are not on the agenda. All are welcome to speak.
Comments should be directed to the Council. Comments will be limited to 3 minutes per person; presentations
which are longer will need to be scheduled with the City Clerk to appear on a future City Council agenda.
Public comments may not be used to air personal attacks, to make political endorsements, or for political
campaign purposes. Council members will not enter into a dialogue, nor will any decisions be made at that
presentation.
Questions from the Council will be for clarification only. If appropriate, the Mayor may assign staff for follow up
to the issues raised or occasionally called on to respond.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the Regular Meeting
Held Wednesday, July 5, 2023
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 7:00 p.m. Councilors Lorberbaum, Paper, and Mazzitello,
were also present. Councilor Miller was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda.
Councilor Paper seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Lorberbaum moved approval of the consent calendar as presented.
a.Approval of June 20, 2023 City Council Minutes
b. Approval of June 20, 2023 Council Work Session Minutes
c.Approve June 6, 2023 City Council Closed Work Session Minutes
d. Acknowledge April 11, 2023 Parks and Recreation Commission Minutes
e.Acknowledge May 9, 2023 Parks and Recreation Commission Work Session Minutes
f.Acknowledge May 10, 2023 Natural Resources Commission Minutes
g.Acknowledge June 1, 2023 Natural Resources Commission Work Session Minutes
h. Approve Massage Licenses
i.Approve Purchase of Replacement BolaWrap Restraint Devices
j.Accept Oheyawahe Task Force Resignation and Appointment of Replacement Task Force Member
k. Approve May and April 2023 Treasurer’s Report
l.Approval of Claims List
Councilor Mazzitello seconded the motion.
6aCity Council | Tuesday, July 18, 2023 | Page 1 of 86
Ayes: 4
Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
PRESENTATIONS
A) OHEYAWAHE/PILOT KNOB FUNDING RECOGNITION
Public Works Director Ryan Ruzek introduced the Chair of the Oheyawahe Task Force. He reported that
the City was awarded $1,800,000 for improvements at Oheyawahe.
Gail Lewellan provided background information on Oheyawahe, the importance to the Dakota people,
and its historical declaration. She explained how the Task Force was formed, recognized its members,
and the contributions that they have made. She commented on previous grants they have received from
the Minnesota Historical Society.
Public Works Director Ryan Ruzek thanked the state representatives that assisted in the City gaining the
funding. He displayed the vision from the Task Force that was presented to the legislature and reviewed
the proposed improvements.
Councilor Lorberbaum asked the timeline.
Public Works Director Ryan Ruzek commented that the City has four years to use the funds. He
anticipated that the RFP process for consultants would soon begin to finalize the plans for implementation
and construction could begin in two years.
Councilor Paper asked if the County would be a partner in this project.
Public Works Director Ryan Ruzek replied that Dakota County would be involved in the natural resources
work. He commented that the County would fund 90 percent of those improvements.
Councilor Paper asked and received confirmation that there would be two bathrooms at the shelter. He
asked if the bathrooms would be similar to those at the scenic overlook.
Public Works Director Ryan Ruzek replied that is being used as the model. He noted that they would be
seasonal bathrooms and would not be open during the winter months.
Mayor Levine thanked the members of the Task Force, City staff, and the state representatives that worked
on this effort. She recognized the members of the Task Force in attendance and the contributions that they
make.
PUBLIC HEARING
No items scheduled.
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NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2023-39 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ROGERS
LAKE SKATE PARK
Public Works Director Ryan Ruzek explained that the Council was being asked to approve Resolution
2023-39 accepting bids and awarding a contract for the concrete base and site work for the Rogers Lake
Skate Park Improvements.
Councilor Paper asked the low bid in the last bids received.
Public Works Director Ryan Ruzek was not sure of the exact amount but believed it to be around $240,000
without an alternate.
Councilor Paper asked what was done to change the plans.
Public Works Director Ryan Ruzek replied that the elevation of the pad was raised to reduce excavation,
the concrete pad was reduced from six inches to five inches, and the steel rebar was replaced with fiber
mesh.
Councilor Paper commented that he agrees with adding the additional space as the incremental cost is less
than $13 per foot and that will make this a better project.
Councilor Mazzitello commended staff for the revision of plans and specifications and agreed that they
would not get a better price than this and should include the alternate. He believed they should move
forward with the recommendation at this time.
Councilor Paper moved to approve RESOLUTION 2023-39 ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE ROGERS LAKE SKATE PARK, INCLUDING THE BID ALTERNATE.
Councilor Mazzitello seconded the motion.
Further discussion: Councilor Paper asked the timeline for the project.
Public Works Director Ryan Ruzek replied that the project timeline is July 31st through October 27th. He
stated that the features will hopefully be installed in November but could be delayed until spring.
Councilor Paper asked what would be done with the current equipment.
Public Works Director Ryan Ruzek commented that it will be decided feature by feature and noted the
process the City would need to follow to declare surplus equipment and then to have a public bid process.
He stated that they will be determining if the mini ramp could be salvaged.
Councilor Paper agreed that it would be nice to reuse the pieces if possible.
Mayor Levine recognized that many members of the public have advocated for a fully concrete park, and
because of the cost of concrete that would be very expensive. She commented that they would have a
City Council | Tuesday, July 18, 2023 | Page 3 of 86
concrete pad with modular features, which will be appreciated by users while also being fiscally
responsible. She noted that she believes the additional cost would be eligible for funding through the
special parks fund.
Councilor Paper asked what could be done to ensure people do not go on the concrete while it is drying.
Public Works Director Ryan Ruzek commented that they will be using orange construction fencing and
they will have signs up. He noted that if people go on the concrete that will decrease the lifespan of that
feature.
Ayes: 4
Nays: 0
B) AWARD A PROFESSIONAL SERVICE CONTRACT FOR THE MARIE AVENUE BRIDGE
ANALYSIS
Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being
asked to authorize a professional services contract for analyzing two issues with the Marie Avenue Bridge.
Councilor Mazzitello asked if the void under the bridge is contributing to the noise complaints.
Public Works Director Ryan Ruzek replied that the issues are completely separate.
Councilor Lorberbaum moved to AUTHORIZE STAFF TO EXECUTE A PROFESSIONAL SERVICES
CONTRACT WITH BOLTON & MENK FOR $25,455.
Councilor Mazzitello seconded the motion.
Further discussion: Councilor Lorberbaum commented that she would like to hear from residents present
if they would like to speak.
Tom Hastings, 776 Marie Avenue, commented that he built his home in 1989 and stated that he did not
have issues with noise prior to the overlay done in 2020. He commented that when vehicles travel at
speeds higher than 30 mph, the noise increases and there is noise from the expansion joints. He believed
the solution would be to do something with the surface of the bridge.
Kevin Manly, 766 Marie Avenue, commented that his family has lived in the property since 2013 and
spend a lot of time outside. He noted that the sound issue is important to his family. He stated that
previously the top concern was with speed and not noise, but once the concrete surface was added, the
noise became an issue. He stated that when vehicles travel under 30 mph the noise is not that bad but
increases as the speed increases. He thanked Police Chief McCarthy and her department for their patrols.
He noted that the issue seems to have been the change from asphalt to concrete and the noise with the
expansion joints. He stated that the noise has gotten so bad that they have started looking at different
homes. He thanked those that were present at the listening session and for addressing this issue. He
commented that they would be pleased if something could be done to address the noise as they love their
home and would like to stay there.
City Council | Tuesday, July 18, 2023 | Page 4 of 86
Harvey Arbit, 1782 Trail Road, commented that he has lived in his home since 1982 and it has been a
quiet neighborhood until the concrete surface was added a few years ago. He commented that the noise
interferes with their ability to enjoy their property.
Councilor Paper asked what was done differently to the expansion joints.
Public Works Director Ryan Ruzek replied that the expansion joints were replaced as the old joints were
not maintained. He commented that the speed limits were mandated by the State, but the City now does
have the ability to create a consistent speed along the corridor, although vehicles may still travel at higher
speeds.
Councilor Lorberbaum thanked staff for allowing her to reach out to determine what could be done about
this issue. She was unsure if something could be done but noted that this step will review whether there
is something that could be done to make this better.
Ayes: 4
Nays: 0
C) TWO RIVERS ATHLETIC ASSOCIATION (TRAA) TOURNAMENT FEE REDUCTION
REQUEST
Parks and Recreation Manager Meredith Lawrence presented background information to the Council and
explained that the Two Rivers Association (TRAA) has requested a financial reduction in field reservation
and field preparation fees for traveling baseball/softball tournaments held in May and June.
Councilor Paper commented that this process was guided to the local youth athletic association directing
them to bring forward a request each year.
City Administrator Cheryl Jacobson confirmed that TRAA would need to make a request each year for
tournament fees and noted that requests are considered on a case-by-case basis.
Councilor Lorberbaum asked why the budget does not reflect this if it is known that they are going to
reduce the tournament cost for TRAA each year.
Parks and Recreation Manager Meredith Lawrence stated that staff uses the fee schedule for revenue
projections, noting that the City does not make money from the tournaments, but it is an attempt to recoup
some of the costs. She commented that the fee schedule is set on an annual basis, and by priority groups.
Councilor Lorberbaum commented that the fees have been reduced for at least two years in a row and
asked if that could be reflected in the budget.
City Administrator Cheryl Jacobson commented that this could be considered during the fee schedule
discussion. She commented that in the past they have only received waiver requests from baseball and
softball while the other users have paid the tournament fees.
Councilor Lorberbaum asked if different fees could be set for this user.
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City Administrator Cheryl Jacobson replied that TRAA is included in priority group three as an athletic
association and not just for baseball/softball. She commented that separating out baseball/softball would
complicate that and could bring forward additional waiver requests from other sports.
Councilor Lorberbaum commented if this charge would be comparable to other cities.
Parks and Recreation Manager Meredith Lawrence stated that she did pull comparable fees in 2021 and
could do that again. She noted that each city has its own relationship with athletic associations and
therefore the fees are not always comparable. She noted that some cities have higher fees while others
have lower fees. She commented that she is not aware of other cities that do waiver requests.
Mayor Levine asked if this is the same number of tournaments requested as the previous year.
Parks and Recreation Manager Meredith Lawrence commented that she believed there were two or three
tournaments last year.
Mayor Levine recognized that this is a service to the athletic association but also wanted to be mindful
that this is a subsidy and does not want to continue to see this number of tournaments in the waiver request
increase significantly.
Councilor Mazzitello recognized the statement that the fees do not cover the costs the City incurs for
maintenance and tournament setup. He noted that priority group three already receives a reduced fee and
therefore this would be yet another cost reduction/subsidy. He asked if the reduction of 50 percent is
typical to what has been awarded in previous years.
Parks and Recreation Manager Meredith Lawrence replied that the request is in line with the previous
requests.
Councilor Paper noted the additional tournament that was added and commented that softball had been
holding its tournament in other locations and it is coming back. He commented that following two of the
tournaments, he walked the field the Monday after and the cleanup was exceptional considering the
amount of people at the fields. He commented that there are a lot of people coming through the community
for these tournaments and was impressed with the time and effort that TRAA puts in to clean up the facility
after the event. He commented that the challenge today is related to club sports that have unlimited funds,
where TRAA is a volunteer organization for the community. He explained that the waiver process was
developed because the City cannot call out these users separately in the fee schedule.
Parks and Recreation Manager Meredith Lawrence clarified that the new tournament is baseball.
Councilor Paper moved to approve A FEE REDUCTION TO THE TWO RIVERS ATHLETIC
ASSOCIATION (TRAA) IN THE AMOUNT OF $2,023 FOR MAY AND JUNE TRAVELING
BASEBALL AND SOFTBALL TOURNAMENTS.
Councilor Lorberbaum seconded the motion.
Ayes: 4
Nays: 0
City Council | Tuesday, July 18, 2023 | Page 6 of 86
D) SET CITY COUNCIL WORK SESSION MEETING DATES FOR FY24 BUDGET REVIEW
City Administrator Cheryl Jacobson stated that the City Council is asked to establish three work session
dates in August to discuss proposals for the FY2024 budget.
The Council set the following dates for work sessions for the FY24 budget review: August 15 at 3 p.m.,
August 17 at 3 p.m., and August 22 at 4 p.m.
COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced upcoming events and activities.
COUNCIL COMMENTS
Councilor Paper commented that the Cliff Tim fishing derby is a great event. He thanked those involved
in the $1,8500,000 the City received for improvements to Oheyawahe.
Councilor Lorberbaum echoed those two comments. She commented that she participated in two ride
alongs this month and thanked the officers that she rode with, noting that was a learning opportunity. She
commented that one person can do a lot, noting the residents that came forward with their complaints
about the bridge.
Councilor Mazzitello commented on discussion of a previous meeting where park grants were discussed
and noted that the intention was to make the program open to all. He noted the passing of Dr. Charles
Chrutchfield, a Mendota Heights resident.
ADJOURN
Councilor Mazzitello moved to adjourn.
Councilor Lorberbaum seconded the motion.
Ayes: 4
Nays: 0
Mayor Levine adjourned the meeting at 8:32 p.m.
____________________________________
Stephanie B. Levine
Mayor
ATTEST:
_______________________________
Christine Lusian
City Clerk
City Council | Tuesday, July 18, 2023 | Page 7 of 86
City Council | Tuesday, July 18, 2023 | Page 8 of 86
CITY OF MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION
May 17, 2023 6:00 p.m.
City Hall 1101 Victoria Curve
The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, May 17, 2023 at Mendota Heights City Hall, 1101 Victoria Curve.
1.Call to Order
Chair Norling called the meeting to order at 6:00 pm.
Commissioners present: Gina Norling, William Dunn, David Sloan, Jim Neuharth, Bruce Bobbitt,
and Arvind Sharma. Commissioners absent: Jeff Hamiel.
Staff present: City Administrator Cheryl Jacobson and Office Support Assistant Sheila Robertson.
2.Approval of Agenda Motion by Sloan and second by Dunn to approve the agenda. Motion carried 6-0. 3.Approval of Minutesa.March 15, 2023 Regular Meeting MinutesMotion by Sharma and second by Dunn to approve the minutes pending grammatical errors to bereviewed, identified, and corrected by City Clerk Lusian. Motion carried 6-0. 4.Public CommentsScott Norling, of 1280 Lakeview Ave, reviewed the 2018 Very High Frequency Omni-Directional
Range (VOR) decommissioning and introduction of Area Navigation (RNAV), per a FederalAviation Administration (FAA) presentation at the January Noise Oversight Committee (NOC)meeting. He shared unofficial charts and maps that demonstrated various data points, such ashouses in Mendota Heights that are only 1½ miles off of 12L, where planes are still flying at lowtakeoff altitudes and receiving more noise. He stated that he’s cautiously optimistic that the
NOC wants to help mitigate noise over the Eagan/Mendota Heights Corridor.
5.Unfinished and New Business
a.FAA Noise Policy Review Public Comment Period
City Administrator Jacobson asked the Commission to review links to the FAA’s Request for
Comments published in the Federal Register. She asked the Commission if they then would
want to submit comments on behalf of the city with City Council approval. She stated the
NOC will have their draft comment letter done around June 20, so the Airport Relations
Commission (ARC) could schedule a special meeting in June or July in order to review after
that point and draft a city comment letter. Public comments are due to the FAA by July 31.
Commissioner Neuharth made a motion to wait until the NOC’s draft letter comes out before holding a special meeting in June or July and writing a letter from the ARC. Second by Sloan. Motion carried 6-0.
6bCity Council | Tuesday, July 18, 2023 | Page 9 of 86
City Administrator Jacobson will coordinate meeting date options with the ARC, noting a letter would need to be completed by July 13 in order to be added to the July 18 City Council meeting agenda. b. ARC 2023-2024 Work Plan Chair Norling asked if the ARC could make the RNAV work a separate priority item.
City Administrator Jacobson suggested making it an action item under the “Noise
Mitigation” heading.
Commissioner Bobbitt recommended setting an attainable number of goals to be focused
and honed in on.
Chair Norling suggested holding a NOC listening session after the RNAV work is completed.
Commissioner Sharma asked if there are any City events coming up that the ARC could be
present at.
City Administrator Jacobson noted the City’s annual Parks Celebration on August 12 may provide an option to have a presence at. 6. Acknowledge Receipt of Reports and Correspondence a. Review of Airport Operational Statistics (link: https://www.macenvironment.org/reports/) City Administrator Jacobson presented charts on “12R Total Operations”, “12R Night Operations”, “12L Nighttime Operations”, and “Departures North of the Corridor”. 1. Complaint Information Complaints are low at this time. 2. Runway Use Information NA 3. Noise Monitor Information
Commissioner Dunn stated that information hasn’t changed much at this time.
a. MAC Reports
NA
b. News Articles
NA
7. Commissioner Comments
City Administrator Jacobson noted that the July meeting will be a joint meeting with the
Eagan ARC, which will be hosted by the Mendota Heights ARC, on July 19. She added that
she’ll set up a special meeting regarding the follow up to the FAA Noise Policy Review.
City Council | Tuesday, July 18, 2023 | Page 10 of 86
8. Adjourn Meeting Motion by Neuharth and second by Sloan to adjourn the meeting. Motion carried 6-0. Chair Norling adjourned the meeting at 7:12pm.
Minutes taken by Sheila Robertson
Office Support Assistant
City Council | Tuesday, July 18, 2023 | Page 11 of 86
City Council | Tuesday, July 18, 2023 | Page 12 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
SUBJECT: Resolution 2023-40 Declaring Skate Park Equipment as Surplus and Authorizing
the Sale of the Items
INTRODUCTION
The City Council is asked to declare the skate park equipment being replaced as surplus and
authorize the sale of these items to the public.
BACKGROUND
State law requires the City Council declare equipment which is no longer to be used as being
obsolete or surplus and authorize their disposal by an appropriate method.
With the approval of the new skate park equipment, the City must declare the existing equipment
at Roger’s Lake Park as surplus and determine disposal based on the appropriate method. Staff
has heard from skate park users that the public has a desire to purchase some of the existing
pieces of equipment for personal use.
Staff is seeking City Council approval to sell the following pieces through a sealed bid process:
1.Wedge, Flat, Wedge Center Set with Square Rail and Hubba
2. Grind Box/Manual Pad
3.Square Flat Bar
4. Parking Curb
5. Parking Curb
6.Bank Ramp
7.Square Flat Bar
8. Pyramid with Square Rail and Hubba
9.Quarter Pipe
10.Halfpipe/Mini Ramp
*Pieces 9 and 10 would be sold together, as the framework and decking for the quarter pipe and
half pipe are connected
Any equipment not sold through the public sale would be disposed of by the Mendota Heights
Public Works Department.
6cCity Council | Tuesday, July 18, 2023 | Page 13 of 86
Attachments: Resolution 2023-40
Exhibit A
Exhibit B
BUDGET IMPACT
All proceeds from the sale of the skate park equipment will be deposited in the General Fund.
RECOMMENDATION
Staff recommends that the City Council approve Resolution 2023-40 Declaring Skate Park
Equipment as Surplus and Authorize the Sale of the Items.
ACTION REQUESTED
If the council concurs, it should, by motion approve Resolution 2023-40 Declaring Skate Park
Equipment as Surplus and Authorize the Sale of the Items.
City Council | Tuesday, July 18, 2023 | Page 14 of 86
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-40
RESOLUTION DECLARING SKATE PARK EQUIPMENT AS SURPLUS AND
AUTHORIZING THE SALE OF THE ITEMS
WHEREAS, the City Council of the City of Mendota Heights, Minnesota has been
advised by staff that certain skate park equipment described in the attached Exhibit A are no
longer needed for current or future municipal operations; and
WHEREAS, the estimated value of each item is included in Exhibit A; and
WHEREAS, the fair market value of each item included in Exhibit A is estimated to be
less than $25,000 per item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights, Minnesota as follows:
1. The Council declares the items listed in the attached Exhibit A as surplus.
2. The Council authorizes the disposal of said items by advertising it for sale online
pursuant to Minn. Stat. § 471.345, at or above each item’s fair market value. The
minimum bid prices, time period for bidding, and other specifications pertaining to the
process of selling the inventory are specified in the attached Exhibit B.
3. Pursuant to Minn. Stat. § 15.054, the surplus items will not be sold to a City officer or
employee.
4. All sales shall be final and the surplus items are to be sold in “as-is” condition.
Adopted by the City Council of the City of Mendota Heights, Minnesota this 18th day of July,
2023.
________________________
Stephanie B. Levine, Mayor
ATTEST:
________________________
Christine Lusian, City Clerk
City Council | Tuesday, July 18, 2023 | Page 15 of 86
Exhibit A
Lot Number Item Description Estimated Fair Market Value
1 Wedge, Flat, Wedge Center Set with Square Rail and Hubba $150
2 Grind Box/Manual Pad $100
3 Square Flat Bar $50
4 Parking Curb $50
5 Parking Curb $75
6 Bank Ramp $100
7 Square Flat Bar $50
8 Pyramid with Square Rail and Hubba $150
9 Quarter Pipe/Halfpipe/Mini Ramp $500
Exhibit B
The City of Mendota Heights (the “City”) will be conducting a competitive bidding process to
dispose of surplus skate park equipment. The City will post the nine lots, including the item’s
description, estimated fair market value, and photos on the City’s website promoting the sale.
Each lot will have a required minimum bid of $5. All items will be sold “as-is.”
Those interested in submitting a bid on the items must be 18 years of age or older. Bids must be
delivered to the City (1101 Victoria Curve, Mendota Heights) by 10:00am on July 26, 2023 in an
envelope that is sealed that includes the desired lot number, dollar amount of bid, bidder’s full
name, phone number and/or email address.
Immediately following expiration of the time for receiving bids, the Public Works Director and
Parks and Recreation Manager will publicly open said bids at City Hall. The bid opening will be
open to the public and the highest bidder for each lot will be awarded the purchase of the item.
High bidders will be notified by July 27.
After payment to the City via check or cash and approval from the Parks and Recreation
Manager, the high bidder for each piece of equipment must dissemble the equipment and remove
it from Roger’s Lake Park by August 2, 2023 at 4:00pm. If the high bidder does not remove the
equipment by said deadline, the individual will forgo the opportunity to obtain the equipment
and any fees already paid to the City will not be refunded.
City Council | Tuesday, July 18, 2023 | Page 16 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
SUBJECT: Acknowledge the May 2023 Par 3 Financial Report
INTRODUCTION
The City Council is asked to acknowledge the May Par 3 Financial Report.
BACKGROUND
In the month of May, the course had a total of 2,923 rounds of golf played. In May, the Par 3 had
a total of $44,459 for monthly revenue. The 2023 year-to-date revenue total including May is
$98,244.
The course’s May expenditures totaled $39,659. The year-to-date expenditure total is $86,690. As
of now the course is showing a $11,554 operating surplus.
Included in the maintenance and repairs line item are the following capital items/projects that were
completed and paid for:
•Patio Furniture: $8,195.03
•Carpet Replacement in Clubhouse: $4,483.41
•Maintenance Building Fence: $5,318.10
•Chemicals/Fertilizer: $5,146.03
Not included in this financial report is the window replacement at the clubhouse, which totaled
$10,651.91. This project was funded from the Par 3 fund, but not included in the monthly
expenditure report.
Attachment: May 2023 Par 3 Financial Report
RECOMMENDATION
Staff recommends that the Mendota Heights City Council acknowledge the May Par 3 Financial
Report.
ACTION REQUIRED
If the Council concurs, it should, by motion acknowledge the May Par 3 Financial Report.
6dCity Council | Tuesday, July 18, 2023 | Page 17 of 86
MONTHLY EXPENDITURE REPORT
MAY 2023
MENDOTA HEIGHTS PAR 3
BUDGET TO ACTUAL REPORT
MAY 2023 (41.67% OF YEAR)
May
REVENUES May YTD YTD YTD
BUDGET 2023 2023 % 2022
GREENS, LEAGUE & TOURN FEES $150,000 $36,588 $49,113 32.74% $40,148
RECREATION PROGRAMS $45,000 $2,823 $43,370 96.38% $48,432
CONCESSIONS $22,500 $4,949 $5,649 25.11% $5,230
SUNDRY REVENUE $0 $99 $113 100.00% $25
INTEREST $450 $0 $0 0.00% $0
INSURANCE CLAIM $0 $0 $0 0.00% $0
PAR 3 FUND REVENUE TOTAL $217,950 $44,459 $98,244 45.08% $93,835
EXPENDITURES May YTD YTD YTD
BUDGET 2023 2023 % 2022
CLUBHOUSE SALARIES $42,300 $5,493 $7,463 17.64% $7,396
ADMINISTRATIVE SALARIES $30,722 $2,383 $12,574 40.93% $9,796
FICA/PERA $12,952 $1,184 $2,393 18.48% $2,633
MEDICAL INSURANCE $7,187 $599 $2,995 41.67% $2,855
U/E & W/C INSURANCE $3,255 $3,737 $5,364 164.81% $3,103
RENTALS $6,000 $1,350 $1,350 22.50% $1,443
UTILITIES $14,495 $554 $4,393 30.31% $4,377
PROFESSIONAL FEES - AUDIT $2,990 $0 $0 0.00% $0
PROF FEES - CONSULTING FEES $1,100 $0 $0 0.00% $0
PROF FEES - GROUNDS MGMT $7,250 $0 $0 0.00% $0
PROF FEES - GROUNDS WAGES $25,000 $3,102 $4,430 17.72% $3,056
PROF FEES - TREE MAINTENANCE $1,500 $2,779 $2,779 185.25% $2,800
LIABILITY/AUTO INSURANCE $4,800 $0 $3,365 70.11% $3,885
OPERATING COSTS/SUPPLIES $8,850 $2,647 $4,824 54.50% $2,452
FUEL $2,600 $259 $365 14.05% $512
REPAIRS & MAINTENANCE $54,750 $14,409 $28,430 51.93% $17,493
SUNDRY/DUES/MILEAGE/CLOTHING $12,750 $414 $3,258 25.55% $2,202
CONTINGENCY $0 $0 $0 0.00% $0
ONLINE REG & CREDIT CARD FEES $7,975 $750 $2,706 33.93% $2,447
PAR 3 EXPENDITURES TOTAL $246,476 $39,659 $86,690 35.17% $66,450
7/10/2023
City Council | Tuesday, July 18, 2023 | Page 18 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
Willow Eisfeldt, Recreation Program Coordinator
SUBJECT: Resolution 2023-41 Accepting Donations to the Cliff Timm Memorial
Fishing Derby
INTRODUCTION
The City Council is asked to formally accept donations which were received for the Cliff Timm
Memorial Fishing Derby.
BACKGROUND
By state law, all donations to the City must be accepted by the City Council by means of a
resolution.
On July 20, the annual Cliff Timm Memorial Fishing Derby will be held at Rogers Lake Park. The
Charitable Gift Fund of Clifford Timm has generously donated $1,000 to be used for program
expenses and participant prizes. This event has been a resident favorite for many years and has
been made possible by the Cliff Timm family’s financial support of the event for many years.
In addition, the City received the following items:
•(2) Sougayilang Reels at valued at $36 each by Adam Borgstahl
•(1) 71-degree Hydro Spinning Rod valued at $30 by Adam Borgstahl
•(1) Shimano FX Spinning Rod valued at $20 by Adam Borgstahl
•(1) Sakana SK-S4 Spinning Reel valued at $40 by Adam Borgstahl
•(1) Get the Lead Out Gift Basket valued at $30 from the GreenCorp of America
•(2) Zepco Reel Rods valued at $20 each by Paul Burkhardt
The City is grateful for the generosity of these donations. A thank you note will be sent to each
donor.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve Resolution 2023-41.
6eCity Council | Tuesday, July 18, 2023 | Page 19 of 86
ACTION REQUIRED
If the Council concurs, it should, by motion adopt RESOLUTION 2023-41 FORMALLY
ACKNOWLEDGING THE RECEIPT OF DONATIONS TO THE CLIFF TIMM
MEMORIAL FISHING DERBY.
City Council | Tuesday, July 18, 2023 | Page 20 of 86
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-41
A RESOLUTION FORMALLY ACKNOWLEDGING THE RECEIPT OF DONATIONS
FOR THE CLIFF TIMM MEMORIAL FISHING DERBY
WHEREAS, the City of Mendota Heights desires to follow Minnesota Statute 465.03
“Gifts to Municipalities”; and
WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to
municipalities; and
WHEREAS, the City has previously acknowledged gifts with a resolution; and
WHEREAS, the City Council of the City of Mendota Heights have duly considered this
matter and wish to acknowledge the civic mindedness of citizens and officially recognize their
donations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mendota Heights is accepting the following donations for the Cliff Timm Memorial Fishing
Derby
2023 Cliff Timm Memorial Fishing Derby Donations:
DONOR DONATION VALUE
Charitable Gift Fund of Clifford Timm $1,000 cash $1,000
Adam Borgstahl (2) Sougayilang Reels $72
71-degree Hydro Spinning Rod $30
Shimano FX Spinning Rod $20
Sakana SK-S4 Spinning Reel $40
GreenCorp of America Get the Lead Out $30
Paul Burkhardt (2) Zepco Reel Rods $40
Adopted by the City Council of the City of Mendota Heights this 18h day of July 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
Christine Lusian, City Clerk
City Council | Tuesday, July 18, 2023 | Page 21 of 86
City Council | Tuesday, July 18, 2023 | Page 22 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Dave Dreelan, Fire Chief
SUBJECT: Fire Department Training Officer Appointment
INTRODUCTION
The city council authorized the internal posting of the Training Officer position with the Mendota
Heights Fire Department at its June 20, 2023 meeting.
BACKGROUND
Training Officer Dale Stein stepped down from the Training Officer role on the Mendota Heights
Fire Department effective June 30, 2023. Following his resignation, the position was posted
internally for interested firefighters to apply for.
Staff received two applications for the position with a single applicant meeting the requirements
for the position. Staff are recommending the appointment of Dan Johnson to the position of
Training Officer. Dan was appointed the Assistant Training Officer on February 19, 2019, and
became a Captain on March 10, 2022. Dan has demonstrated that he has all the training,
knowledge and tools that are necessary to succeed in the position of Training Officer.
Dan Johnson’s appointment as Training Officer, will result in a vacant Captain position. Staff
would like to post the position of captain within the Mendota Heights Fire Department.
BUDGET IMPACT
The Training Officer and Captain position are budgeted positions on the Mendota Heights Fire
Department.
RECOMMENDATION
Staff recommend that the Mendota Heights City Council appoint Dan Johnson as Training Officer
effective July 1, 2023, and authorize the posting of the Captain position within the Mendota
Heights Fire Department.
ACTION REQUESTED
If Council concurs with the recommendation, they should appoint Dan Johnson as Training
Officer of the Mendota Heights Fire Department effective July 1, 2023, and allow for the posting
of a captain position within the Mendota Heights Fire Department.
6ffCity Council | Tuesday, July 18, 2023 | Page 23 of 86
City Council | Tuesday, July 18, 2023 | Page 24 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
Mendota Heights Airport Relations Commission
SUBJECT: City Comment on the FAA Review of the Civil Aviation Noise Policy
INTRODUCTION
The Federal Aviation Administration (FAA) has published in the Federal Register a Request for
Comments seeking public input on four key considerations of its Civil Aviation Noise Policy. The
FAA is accepting comments through July 31, 2023
BACKGROUND
The FAA’s civil aviation noise policy sets forth how the FAA analyzes, explains and publicly
presents changes in noise exposure from aviation activity. The FAA will consider how changes to
the civil aviation noise policy may better inform agency decision-making, the types of impacts it
considers in making decisions (e.g., community annoyance, certain types of adverse health impacts
highly correlated with aviation noise exposure), and potential improvements to how the FAA
analyzes, explains, and presents changes in exposure to civil aviation noise.
The city’s 2040 Comprehensive Plan continues the city’s goal to reduce negative airport impacts
within the city and to work diligently with all noise issues and agencies to decrease aircraft noise
in volume and to decrease the area of noise impacts. The city has put forth considerable time and
effort to reduce aircraft noise and operations over the city, establishing an Airport Relations
Commission, participating in the Metropolitan Airports Commission MSP Noise Oversight
Committee and adopting Minnesota’s first Noise Attenuation Ordinance.
The MSP Noise Oversight Committee (NOC) is an advisory board appointed to address aircraft
noise issues associated with MSP Airport. The NOC is made up of community and aviation
industry representatives that provide policy recommendations to the Metropolitan Airports
Commission. The City is a full member of the NOC (along with the cities of Bloomington, Eagan,
Minneapolis and Richfield) with City Administrator Cheryl Jacobson serving as the city’s primary
representative and Committee Co-Chair.
6gCity Council | Tuesday, July 18, 2023 | Page 25 of 86
In response to the FAA’s Request for Comments, the NOC has prepared for Metropolitan Airports
Commission endorsement the attached letter. The letter focuses on four main points: 1) Scientific
evidence resulting from FAA’s current research in the auditory and non-auditory effects of noise
should be used to inform decisions on changing policy; 2) Aircraft noise policy should be stable,
well-understood and well researched to avoid confusion and disruption for airports and their
surrounding communities; 3) The FAA should explore and accelerate research on reducing noise
at the source and incentivize operators and aircraft manufacturers to install or employ noise
reduction equipment and technology; and 4) The use of companion metrics is an asset in decision
making and communicating decisions and noise impacts to the public.
BUDGET IMPACT
N/A.
RECOMMENDED ACTION
The Mendota Heights Airport Relations Commission (ARC) reviewed the NOC’s letter at a special
meeting held on July 11 and were in support of the of the Committee’s position and comments as
written.
The Mendota Heights ARC is recommending that staff prepare and submit, on behalf of the City,
a letter endorsing the NOCs response to the Federal Register Docket No. FSS-2023-0855 Request
for Comments on the Federal Aviation Administration’s Review of the Civil Aviation Noise Policy
ACTION REQUESTED
If Council concurs, it should, by motion endorse the NOCs letter in response to Federal Register
Docket No. FSS-2023-0855 Request for Comments on the Federal Aviation Administration’s
Review of the Civil Aviation Noise Policy and authorize the City Administrator, on behalf of the
Mayor and City Council, to file the city’s endorsement via the Federal Register.
City Council | Tuesday, July 18, 2023 | Page 26 of 86
June 20, 2023
Mr. Kevin Welsh
Director, Office of Environment and Energy
Federal Aviation Administration
Docket Operations, M-30
US Department of Transportation
1200 New Jersey Avenue SE
Room W12-140, West Building, Ground Floor
Washington, DC 20590
Re: Docket No. FAA-2023-0855
“Request for Comments on the Federal Aviation Administration’s Review of the Civil Aviation Noise Policy”
Dear Mr. Welsh:
Thank you for inviting comment on the review of the civil aviation noise policy being undertaken by the Federal Aviation
Administration (FAA) to define, assess, and communicate aircraft noise exposure and impacts. The Minneapolis-St. Paul
International Airport (MSP) Noise Oversight Committee (NOC) has monitored the FAA’s Noise Policy Review process
with keen interest. The NOC previously commented on the request for comment on the Neighborhood Environmental
Survey, Docket No. FAA-2021-0037.
The NOC is the primary advisory body on aircraft noise issues associated with MSP. The NOC is comprised of six
community representatives and six aviation industry representatives who provide policy recommendations to the
Metropolitan Airports Commission (MAC), which owns and operates MSP 1. For 20 years, the NOC has provided a
balanced forum and amassed a distinguished record of identifying and analyzing airport noise issues around MSP,
which has resulted in the development of many innovative solutions through sophisticated evaluation of noise issues.2
These solutions are based both in acoustical methods, such as sound insulation and noise abatement mitigation, as
well as non-acoustic methods, such as stakeholder and community collaboration and engagement. The NOC recognizes
the importance of this work and, in conjunction with MAC staff, works to maintain strong partnerships with the airlines,
airport, community, and FAA through a robust calendar of engagements designed to meet and collaborate with our
stakeholders.
It is from this experience that the NOC formulates the following comments and suggestions in response to the FAA’s
request for public comment on the Review of the Civil Aviation Noise Policy.
1 The NOC airport user representation includes air carriers, cargo air carriers, chief pilots, charter air carriers, and the
Minnesota Business Aviation Association. NOC community representation includes the cities of Bloomington, Eagan,
Mendota Heights, Minneapolis, Richfield and an At-Large community seat representing the cities of Apple Valley, Burnsville,
Edina, Inver Grove Heights, St. Louis Park, St. Paul and Sunfish Lake.
2 Please see https://metroairports.org/noc-work-plans-and-accomplishments.
City Council | Tuesday, July 18, 2023 | Page 27 of 86
First, the NOC would like to address the question regarding the information FAA should be using to inform decisions
about an updated noise policy. Rather than resting only on the results of the Neighborhood Environmental Survey and
subsequent public comments, the NOC would encourage the FAA to complete its current research efforts. Data from
ongoing research, such as auditory and non-auditory effects and epidemiological studies currently underway by the
FAA, are crucial elements in the portfolio of scientific evidence on the impact of aviation in the community. Scientific
evidence resulting from the FAA’s studies on children’s learning, impacts to cardiovascular health, sleep disturbance
and economic impacts is necessary to inform policymakers on the best use of resources and techniques available to
minimize aircraft noise impact on our communities.
Second, an overarching comment relates to the FAA’s intent on reviewing its noise policy to consider revisions every
three to five years. While a regular review of best available data and consideration of supplemental metrics to inform
decision-making could be useful, regular and frequent noise policy changes to metrics and thresholds of significance
will likely disrupt active or proposed processes – such as land use planning, noise mitigation measures, airport long-
term plans and environmental reviews – which require time to establish and/or complete. These processes, particularly
corrective and preventative land use management, require a stable noise metric and policy. Substantial time, effort
and investment has gone into corrective and preventative land use management around MSP. Over 19,000 homes
around the airport have been offered noise relief through MAC’s Airport Noise Mitigation Program and the
communities have conducted land use planning and zoning efforts based on the DNL metric. A change to the metric
and threshold used for determining compatible land use and mitigation eligibility would take time to adopt into practice
for both the airport and surrounding communities. Revisions to noise policy to determine compatible land use and
noise mitigation eligibility every three to five years would be problematic for the airport and communities to easily and
readily adopt. Additionally, frequent changes could add to public confusion and weariness about the definition of
acceptable and unacceptable aircraft noise levels. The NOC encourages the FAA to establish a new noise policy that is
stable, well-understood and well-researched to limit disruptive and confusing changes for our communities. One way
to do this is to complete and incorporate findings from the FAA’s aforementioned research initiatives.
The third comment relates to the FAA’s statement that the noise policy review is not intended to reduce noise
exposure. The NOC has and continues to advocate for the reduction of noise exposure through the advancement of
technology. The NOC concurs with the accompanying framing paper which states that the adoption of quieter
technology and voluntary noise abatement procedures are necessary to reduce aviation noise exposure. The NOC
encourages the FAA to accelerate the implementation of creative noise reduction strategies that take noise sensitive
areas into account including noise abatement procedures, procedure development, and runway use. Technology
designed to reduce noise at the source is tremendously beneficial to residents and often provides mutual benefits to
airports and operators. Federally developed incentive programs should be considered for aircraft operators to install
or employ noise reduction equipment, as well as methods to accelerate the adoption of these systems and incorporate
noise reduction equipment into the fleet as quickly as possible. The NOC encourages the FAA to build capabilities into
the Aviation Environmental Design Tool to quantify the noise reduction benefits provided by advanced noise reduction
technology and accurately model low-noise abatement procedures and systems. These capabilities would allow the
agency to further reduce the impact on affected communities by actively designing and implementing noise abatement
procedures at airports, which would reduce the frequency of flights over residential and other sensitive land uses.
The FAA asked about the concerns voiced by residents outside the 65 decibel (dB) Day-Night Average Sound Level (DNL)
contour and sought clarification regarding how the FAA could better communicate noise impacts to benefit the public.
Ninety-nine percent of MSP noise complaints in 2022 were submitted by residents outside the 65 dB DNL contour. In
addition to overall noise, residents express concerns about the frequency of aircraft operations and the time of day
those operations occur. Given that, the calculation of DNL or a revised metric should continue to account for increased
City Council | Tuesday, July 18, 2023 | Page 28 of 86
nighttime disturbance. The NOC has found that companion and supplemental noise metrics add clarity when
communicating noise exposure and that they aid in decision-making, particularly related to proposed flight procedure
changes. Metrics such as number of events and the time above decibel thresholds, as well as maximum sound levels,
both augment the benefits of DNL and communicate more effectively to concerned residents who feel an average level
is not representative of their experience. Additionally, DNL noise contours often lead to misconceptions that homes
outside the contours should have no aircraft noise exposure. Using other metrics sets a more realistic expectation of
noise exposure for residents outside published DNL contours.
Given NOC's experience using supplemental and companion metrics to communicate impacts, the NOC believes there
is an opportunity for the FAA Air Traffic Organization to improve both the evaluation and communication of noise and
environmental changes resulting from new or modified flight procedures. Recently, when the City of Eagan developed
several flight procedure modification requests, the NOC utilized companion metrics to evaluate the resultant noise
impacts. Understanding how a flight procedure change would increase or decrease the number of events exceeding 65
dB in communities led to a well-researched, balanced, justified and clear decision.
The NOC appreciates the FAA's commitment to engagement and communication with stakeholders during the
development of new Performance Based Navigation procedures. However, there remains an opportunity for the FAA
to share information with the public early and often using plain language, clear visual representations of proposed
flight procedure changes and companion metrics to help communicate impacts to communities.
Thank you for recognizing the vital role the NOC provides in developing recommendations for the MAC. The NOC is
poised and eager to participate in discussions regarding the FAA's future decisions on federal noise policy.
Sincerely,
Cheryl J son
MSP NOC Co-chair
City Administrator
City of Mendota Heights
Jeff Hart
MSPNOCCo-chair
General Manager-Airport Customer Service
Delta Air Lines
ec: MAC Planning, Development & Environment Committee
Brian Ryks, MAC Executive Director/ CEO
City Council | Tuesday, July 18, 2023 | Page 29 of 86
City Council | Tuesday, July 18, 2023 | Page 30 of 86
Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Christine Lusian, City Clerk
SUBJECT: Alcohol License Renewals
INTRODUCTION
City Council is asked to approve alcohol license renewals.
BACKGROUND
Northern Tier Retail LLC has completed application requirements and paid the associated fees for
license renewal (off sale 3.2% malt beer sales) for Speedway stores:
•#4521 - 1080 Highway 62
•#4516 - 1200 Mendota Heights Road
City approval and establishment insurance information will be shared with the state for
certification/approval and renewed license will authorize the sale of alcohol through June 30, 2024.
RECOMMENDATION
City staff recommends City Council approve the licenses through June 30, 2024 contingent on
successful completion of background investigation.
ACTION REQUIRED
If City Council concurs, it should, by motion, approve the licenses contingent on successful
completion of background investigation.
6hCity Council | Tuesday, July 18, 2023 | Page 31 of 86
City Council | Tuesday, July 18, 2023 | Page 32 of 86
Request for City Council Action
MEETING DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: May 2023 Fire Synopsis
COMMENT:
Fire Calls: 34
For May 2023, the Fire Department was paged for service a total of 34 times.
Types of calls:
Fires: 2 The Mendota Heights Fire Department along with South Metro Fire were paged to a
structure fire that began on the deck in the rear of a residential home which then extended into
the kitchen and attic space. The department also responded to and extinguished a commercial
dumpster that was on fire.
Medical/Extrication: 6 The fire department responded to six medical emergencies in the
month of May.
Hazardous Situations: 2 May found the department responding to two calls categorized as
hazardous. One was for a cut gas line and the other was for a downed power line.
False Alarms/System Malfunctions: 5 In May, the department responded to five false
alarm calls. Of those, three were deemed malfunctioning equipment and two were deemed
unintentional trips of alarms.
Service Call: 1 The police department requested assistance for building access to a senior
high rise for medical assistance.
Mendota Heights 26 calls
Lilydale 1 call(s)
Mendota 0 call(s)
Sunfish Lake 4 call(s)
Others 3 call(s)
Total 34 calls
6iiCity Council | Tuesday, July 18, 2023 | Page 33 of 86
Good Intent: 7 The department responded to one good intent call for a smell of burning that
proved unfounded. The department also responded to two calls for smoke scares, two for
hazardous material release investigations, and two for good intent calls.
Dispatched and Cancelled En route: 8 Mendota Heights Fire were paged for eight fire calls
that were cancelled before our arrival.
Mutual/Auto-Aid Other: 3 In May, the MHFD responded to mutual aid/auto aid calls as
follows: Two calls to assist South Metro Fire with fires in South St Paul and one call to Inver
Grove Heights for a structure fire but we were cancelled before going en route.
May Trainings
May 3 06:00 EMS C (Option 3)
This drill was the third portion of a firefighter’s bi-annual EMR medical refresher. The training
is presented by M Health and includes the Mendota Heights Police Department as well.
May 10 18:30 Ropes & Knots (Option 1) Mandatory
This drill was broken into three stations and held at Two Rivers High School on the large hill.
Stations included rope knot tying, proper patient assessment, packaging a patient for transport
(for outdoor environments), and proper techniques for extricating a patient on a moderate incline.
May 11 07:00 Ropes & Knots (Option 2) Mandatory
This drill was broken into three stations and held at Two Rivers High School on the large hill.
Stations included rope knot tying, proper patient assessment, packaging a patient for transport
(for outdoor environments), and proper techniques for extricating a patient on a moderate incline.
May 17 18:30 FAO - Fire Apparatus Operator Testing (Option 1) Mandatory
This drill was broken down into two different duplicate stations where firefighters were tested
for their ability to properly hook into a fire hydrant, supply water to their truck, and then pump
water to a crew on a fire hose before they ran out of onboard water on the fire truck. Successful
completion of this drill is a mandatory requirement of the department.
May 24 18:30 Sprinkler Systems
This drill had the State of MN Fire Marshal’s office bring in their sprinkler trailer and go over
numerous types of sprinklers and discuss their proper usage, process to control, and shut down
these systems.
May 23 07:00 Sprinkler Systems
This drill had the State of MN Fire Marshal’s office bring in their sprinkler trailer and go over
numerous types of sprinklers and discuss their proper usage, process to control, and shut down
these systems.
City Council | Tuesday, July 18, 2023 | Page 34 of 86
Number of Calls 34 Total Calls for Year:170
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential 1 $75,000 $25,000 $109,500
Structure - Contract Areas $0
Cooking Fire - confined $0
Vehicle - MH $0
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire 1
OVERPRESSURE RUPTURE $75,000 $25,000 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 6
Vehicle accident w/ no injuries
Extrication ALL FIRES, ALL AREAS (MONTH)$100,000
Medical, other
HAZARDOUS SITUATION $100,000
Spills/Leaks 1
Carbon Monoxide Incident
Power line down 1
Arcing, shorting $109,500
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency 1
Service Call, other
GOOD INTENT
Good Intent 1
Dispatched & Cancelled 8 Current To Date Last Year
Smoke Scare 2 26 123 117
HazMat release investigation 2 1 9 8
Good Intent, Other 2 0 4 2
FALSE ALARMS 4 16 7
False Alarm 3 18 13
Malfunction 3
Unintentional 2 Total:34 170 147
False Alarm, other
MUTUAL AID 3 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 34 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 453 2185 1994.5
Meetings 38 289 350.5 Meetings
Training 281.5 1662.5 1234
Special Activity 81.5 239 339.25 Administration
Fire Marshal 0 182.5
Plan Review/Training
TOTALS 854 4375.5 4100.75 TOTAL:0
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
MAY 2023 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
City Council | Tuesday, July 18, 2023 | Page 35 of 86
City Council | Tuesday, July 18, 2023 | Page 36 of 86
Request for City Council Action
MEETING DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: June 2023 Fire Synopsis
COMMENT:
Fire Calls: 31
For June 2023, the Fire Department was paged for service a total of 31 times.
Types of calls:
Fires: 2 The department went to one structure fire due to water in an exterior outlet that caused
shorting and arcing in an exterior wall of the home. The department also responded to a vehicle
fire on the Mendota Bridge on the eastbound side where construction already had the lanes
narrowed significantly. The fire department ended up staging their truck on the westbound side
and brought the hose line across to the eastbound car fire due to the traffic stoppage.
Medical/Extrication: 5 Medical/Extrication calls made up five of the calls that the department
responded to in June. Two were medicals and three were for vehicle accidents with injuries.
Hazardous Situations: 3 There were three powerline issues with arcing and/or limbs of trees
on the powerlines.
Haz Mat Release investigation: 2 June had the department responding to two exterior gas
leaks (cut gas lines).
False Alarms/System Malfunctions: 7 The makeup of false alarms was: two system
malfunctions, three unintentional trips and two good intent calls.
Good Intent: 7 June had seven calls that were coded as good intent that included: three
calls that were deemed smoke scares, two calls for the investigation of a possible hazardous
materials release (no hazardous materials were detected) and two for good intent calls.
Mendota Heights 28 calls
Lilydale 1 call(s)
Mendota 0 call(s)
Sunfish Lake 1 call(s)
Other 1 call(s)
Total 31 calls
6jCity Council | Tuesday, July 18, 2023 | Page 37 of 86
Dispatched and Cancelled En route: 4 Mendota Heights Fire had four fire calls that were
cancelled before our arrival.
Mutual/Auto-Aid Other: 1 Inver Grove Heights requested Tender 10 to assist at a structure
fire but they cancelled the request before the Tender arrived.
June Trainings
June 7 18:30 FAO Fire Apparatus Operator Testing (Option 2) Mandatory
This drill was broken down into two different duplicate stations where firefighters were tested
for their ability to properly hook into a fire hydrant, supply water to their truck, and then pump
water to a crew on a fire hose before they ran out of onboard water on the fire truck. Successful
completion of this drill is a mandatory requirement of the department.
June 8 07:00 FAO Fire Apparatus Operator Testing (Option 3) Mandatory
This drill was broken down into two different duplicate stations where firefighters were tested
for their ability to properly hook into a fire hydrant, supply water to their truck, and then pump
water to a crew on a fire hose before they ran out of onboard water on the fire truck. Successful
completion of this drill is a mandatory requirement of the department.
June 14 18:30 Ropes & Knots (Option 3) Mandatory
This drill was broken into three stations and held at Two Rivers High School on the large hill.
Stations included rope knot tying, proper patient assessment, and packaging a patient for
transport (for outdoor environments), and proper techniques for extricating a patient on a
moderate incline.
June 19 18:30 Boat Operations
This drill was held at Lilydale Regional Park and had two stations. One station involved using
the department’s primary boat (for water bodies that have a launch). Firefighters had the
opportunity to go over piloting and handling the boat in the river. The second station used the
inflatable boat that would be used for ice rescue or any body of water too small for a boat launch.
June 20 07:00 Boat Operations
This drill was held at Lilydale Regional Park and had two stations. One station involved using
the department’s primary boat (for water bodies that have a launch). Firefighters had the
opportunity to go over piloting and handling the boat in the river. The second station used the
inflatable boat that would be used for ice rescue or any body of water too small for a boat launch.
City Council | Tuesday, July 18, 2023 | Page 38 of 86
Number of Calls 31 Total Calls for the Year 201
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential 1 $500 $110,000
Structure - Contract Areas $0
Cooking Fire - confined $0
Vehicle - MH 1 $22,340 $1,000 $23,340
Vehicle - Contract Areas $0
Grass/Brush/No Value MH
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $22,840 $1,000 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 2
Vehicle accident w/injuries 3
Extrication ALL FIRES, ALL AREAS (MONTH)$23,840
Medical, other
HAZARDOUS SITUATION $122,340
Spills/Leaks 2
Carbon Monoxide Incident $0
Power line down 1
Arcing, shorting 2 $133,340
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other
GOOD INTENT
Good Intent
Dispatched & Cancelled 4 Current To Date Last Year
Smoke Scare 3 28 151 147
HazMat release investigation 2 1 10 14
Good Intent, Other 2 0 4 2
FALSE ALARMS 1 17 11
False Alarm 1 19 13
Malfunction 2
Unintentional 3 Total:31 201 187
False Alarm, other 2
MUTUAL AID 1 FIRE MARSHAL'S TIME FOR MONTH
Total Calls 31 Inspections
Investigations
WORK PERFORMED Hours To Date Last Year
Re-Inspection
Fire Calls 359.5 2544.5 2440
Meetings 18 307 364.5 Meetings
Training 227 1889.5 1463.5
Special Activity 61 300 381.75 Administration
Fire Marshal 0 231.5
Plan Review/Training
TOTALS 665.5 5041 4881.25 TOTAL:0
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
JUNE 2023 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
City Council | Tuesday, July 18, 2023 | Page 39 of 86
City Council | Tuesday, July 18, 2023 | Page 40 of 86
1101 Victoria Curve I Mendota Heights, MN 55118
651.452.1850 phone I 651.452.8940 fax
www.mendotaheightsmn.gov
CITY OF MENDOTA HEIGHTS
MEETING DATE:
TO:
FROM:
SUBJECT:
BACKGROUND
Significant Claims
Request for City Council Action
July 18, 2023
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director�Claims List Summary
Met Council Environmental Services-July Sewer Service
American Pressure Inc -Pressure Washer - Public Works
American Ramp Company -Skate Park Equipment Deposit
Bergan KDV -2022 Audit
Bond Trust Services Corp -Bond Payments
Century Fence -Fence Repairs
Mansfield Oil Company -Fuel
Northern Lighters Pyrotechnics -Fireworks
Nystrom Publishing -Newsletter
Savatree -Tree Services (19 trees)
SPR WS -Water Service & Cell Revenue Share
TKDA -Ivy FallsNictoria Curve/Emerson Street Improvements
Wrap Technologies Inc -Bolawrap
Manual Checks Total
System Checks Total
Total for the list of claims for the July 18, 2023 City Council meeting
RECOMMENDATION
$ 112,278.62
$ 13,869.25
$ 108,938.36
$ 43,900.00
$ 306,131.25
$ 7,560.00
$ 6,269.39
$ 15,000.00
$ 3,720.22
$ 9,035.00
$ 25,494.93
$ 9,409.30
$ 22,837.56
$ 192,410.06
$ 705,781.89
$ 898,191.95
Staff recommends that the Mendota Heights City Council approve the list of claims for July 18, 2023.
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Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Right-of-Way License Agreement for 1831 Walsh Lane
INTRODUCTION
Dale and Julia Lauwagie are seeking a Right-of-Way License Agreement from the city to install a
new 4-ft. ornamental wrought iron fence in their side yard, and within the abutting Windwood
Court right-of-way.
BACKGROUND
The Lauwagie’s are the owner of 1831 Walsh Lane, Mendota Heights, which they have resided
at for over 20 years. On May 17, 2023, they submitted a fence permit application to replace their
fence, which was approved by the City on May 25.
The homeowners ordered a property survey, so all residential property pins were located. The lot
lines and utilities were also marked by a certified party.
On June 28, the old fence was removed. When the contractor began setting the post for the new
fence, they questioned where the northern lot line was. It appeared that this portion of the old
fence was approximately 32 inches beyond the lot line. The attached map shows the location of
the existing fence, including the lot line overage on the Windwood Court side.
Pulling the new fence back about 32 inches is not a reasonable option due to the location of six
40 foot evergreen trees. These were planted fairly close to the existing fence line when it was
installed over 30 years ago. If the new fence were pulled back to the lot line, it would be against
the tree trunks (See photo). The pink marker next to the tree trunk is the lot line. The yellow
maker is the existing fence line.
The fence is important to the homeowners for the safety of their grandchildren and pets. They are
seeking permission to place the new fence in the exact location as the previous fence.
A License Agreement is the City’s permission for a private entity or property owner to install an
improvement or minor structure within city-owned right-of-way. The attached License Agreement
would allow the Lauwagie’s to complete the installation of their new fence within a section of city
right-of-way. The agreement also provides for ownership, maintenance and liability of the fence
by the homeowners; and provides allowance by the city and/or utility companies to access the
10aCity Council | Tuesday, July 18, 2023 | Page 57 of 86
right-of-way and remove the fence if needed. A four foot gate is included in the plan for the new
fence along the northern lot line to allow full access to the right-of-way.
This agreement was drafted by city staff. The homeowners have reviewed the license document,
and accept the terms and conditions of this license agreement.
RECOMMENDATION
Staff recommends Council approve the attached Right-of-Way License Agreement. The applicant
has also provided signatures from all adjacent property owners.
ACTION REQUESTED
If Council wishes to enact the staff recommendation, make a motion to approve the attached Right-
of-Way License Agreement between the City of Mendota Heights Dale and Julia Lauwagie of
1831 Walsh Lane. This action requires a simple majority vote.
City Council | Tuesday, July 18, 2023 | Page 58 of 86
LICENSE AGREEMENT
This License Agreement (the "LICENSE") is made this 18th day of July, 2023, by and between
THE CITY OF MENDOTA HEIGHTS, a Minnesota municipal corporation and political
subdivision (the "CITY") and DALE AND JULIA LAUWAGIE (the "LICENSEE").
RECITALS
WHEREAS, the LICENSEE owns real property in the CITY located at 1831 Walsh Lane
("LICENSEE'S PROPERTY"), as legally described in Exhibit A; and
WHEREAS, LICENSEE’S PROPERTY is contiguous to an improved right-of-way owned by
the CITY (the " LICENSED PREMISES”); and
WHEREAS, LICENSEE has an existing split rail fence located partially in the right-of-
way of Windwood Court which was constructed prior to the LICENSEE’S ownership of the
property; and
WHEREAS, said split rail fence has existed for over 30 years and is in a state of disrepair
and in need of replacement; and
WHEREAS, the LICENSEE desires to replace the split rail fence with a wrought iron
fence in the same location as relocating the fence would require the removal of six mature
evergreen trees; and
WHEREAS, the LICENSEE is seeking relief to allow this fence to remain within the
Windwoord Court right-of-way area under this LICENSE, in which the fence will be located 10-
ft. from the curb line, which would encroach approximately 3-ft. into the public right-of-way area
known as the LICENSED PREMISES; and
WHEREAS, the CITY desires to allow LICENSEE to utilize the LICENSED PREMISES
for the fence until such time as dictated by this LICENSE.
LICENSE
NOW, THEREFORE, in consideration of the terms and conditions contained herein, and
$1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, the
parties hereto agree as follows:
1. Grant of License. The CITY does hereby grant LICENSEE a non-exclusive
revocable license to install and maintain the proposed 4-ft. high ornamental
wrought iron fence in the side-yard area of LICENSEE’S PROPERTY and within
the improved right-of-way of Windwood court abutting 1831 Walsh Lane. Such
LICENSE shall extend to LICENSEE only and shall not run with the land.
2. No Interest Created. LICENSEE certifies, represents, and acknowledges that it has
no title in or to the LICENSED PREMISES, nor to any portion thereof, and has
City Council | Tuesday, July 18, 2023 | Page 59 of 86
not, does not, and will not claim any such title nor any easement by necessity or by
proscription or otherwise over the LICENSED PREMISES.
3. Improvements. Other than normal maintenance or repairs to the fence and
appurtenances, the LICENSEE shall not make any further additions or
improvements in or to the LICENSED PREMISES without the CITY's prior
written consent. The LICENSEE will endeavor to adequately maintain the fence
on the LICENSED PREMISES
4. Right-to-Access; Fence Removal. The CITY, its agents, contractors/sub-
contractors and utility providers and companies (collectively, the “CITY
PARTIES”), shall have full and free right-to-access and inspect the LICENSED
PREMISES, or install, repair and maintain any public or private improvements
within the LICENSED PREMISES. The CITY PARTIES have the right to remove
the fence, once installed, as part of any public improvement, utility improvement,
or in an emergency situation. Should such a situation arise, the CITY PARTIES
will endeavor to provide reasonable notice to the LICENSEE of the removal of the
fence, and shall repair the LICENSED PREMISES and, if applicable, the
LICENSEE’S PROPERTY to the states in which such properties were in prior to
access by the CITY PARTIES.
5. Indemnification. LICENSEE shall hold the CITY PARTIES harmless from and
indemnify and defend the CITY PARTIES against any claim or liability arising in
any manner from this LICENSE and the LICENSEE's use of the LICENSED
PREMISES for the fence and any appurtenant improvements for the fence, or
relating to the death or bodily injury to any person or damage to any personal
property present on or located in or upon the LICENSED PREMISES, including
the person and personal property of LICENSEE or LICENSEE's employees,
invitees, and guests, unless such claim or liability arises from the intentional action
or gross negligence of the CITY PARTIES. LICENSEE agrees to pay all sums of
money in respect to any labor, service, materials, supplies, or equipment furnished
or alleged to have been furnished to LICENSEE in or about the LICENSED
PREMISES, and not furnished on order of the CITY. LICENSEE may contest any
lien for such services, materials, supplies, or equipment, on the condition that
LICENSEE first provide to the CITY cash, bond, credit, or other security against
such lien which the CITY reasonably determines to be sufficient, the intent of this
Section being that no lien shall ultimately attach to the LICENSED PREMISES.
6. Assignment or Sublicensing. LICENSEE shall not sublicense any portion of the
LICENSED PREMISES or transfer or assign this LICENSE without obtaining the
prior written consent of the CITY, which consent the CITY may grant or deny at
the CITY's sole discretion; provided that the CITY hereby consents to the
assignment of LICENSEE'S rights and obligations hereunder in the event of the
sale of the LICENSEE'S PROPERTY provided the purchasing party of the
LICENSEE'S PROPERTY agrees to the term and conditions of this LICENSE in
writing. The CITY's consent to any assignment of this LICENSE shall not be a
waiver of the CITY's rights under this Section as to any assignment.
City Council | Tuesday, July 18, 2023 | Page 60 of 86
7. Notices. All communications, notices, and demands of any kind that either party
may be required or desires to give to or serve on the other party shall be made in
writing and personally delivered or certified by U.S. Mail, return receipt requested
to the following addresses:
To the CITY:
City of Mendota Heights
Attention: City Administrator
1101 Victoria Curve
Mendota Heights, MN 55118
To LICENSEE:
Dale & Julie Lauwagie
1831 Walsh Lane
Mendota Heights, MN 55118
8. No Representation by CITY. Neither the CITY, the CITY PARTIES, nor any other
agent or representative of the CITY has made any warranty or other representation
with respect to the LICENSED PREMISES.
9. Termination and Surrender. The CITY reserves the right to terminate this LICENSE
at will and the CITY shall give LICENSEE not less than sixty (60) days' notice of any
termination. Upon termination of this LICENSE by the CITY, the LICENSEE shall
peaceably surrender the LICENSED PREMISES in its unimproved and "as is"
condition and shall relocate the fence improvements to an alternate location on
LICENSEE'S PROPERTY. The CITY shall enforce this Section by any means
possible, legally or equitably.
10. Miscellaneous.
a. Choice of Law. The laws of the State of Minnesota shall govern the validity,
performance, and enforcement of this LICENSE.
b. Counterparts. This LICENSE may be executed in one or more counterparts,
each of which, when taken together will be deemed to be an original.
c. Amendment or Modification. This LICENSE may not be changed or modified
orally, but only upon written agreement signed by the party against whom
enforcement of any waiver, change, modification, or discharge is sought.
d. Severability. If any term or provision in this LICENSE is deemed to be invalid
or unenforceable, the remainder of the LICENSE shall remain in effect and be
enforceable to the fullest extent permitted by law.
e. Time is of the Essence. Time is of the essence in the performance of all
obligations under this LICENSE.
f. No Other Agreements. This LICENSE fully governs the relationship between
the parties hereto related to the placement of a fence on the LICENSED
PREMISES, and no oral representations or promises are included herein.
City Council | Tuesday, July 18, 2023 | Page 61 of 86
IN WITNESS WHEREOF, the CITY and LICENSEE have caused these presents to be
executed in form and manner sufficient to bind them at law as of the day and year written above.
CITY:
CITY OF MENDOTA HEIGHTS
A Minnesota municipal corporation
and political subdivision
Stephanie B. Levine, Mayor
Christine Lusian, City Clerk
LICENSEE:
Dale Lauwagie
Julie Lauwagie
This instrument was drafted by:
The City of Mendota Heights
City Council | Tuesday, July 18, 2023 | Page 62 of 86
EXHIBIT A
Property Address: 1831 Walsh Lane, Mendota Heights, MN 55118
Parcel ID No.: 27-64700-01-070
LEGAL:
Lot 7, Block 1, Rolling Green, Dakota County, Minnesota
City Council | Tuesday, July 18, 2023 | Page 63 of 86
1831
1839
1016
1821
1834WALSH LNWIND
W
O
O
D
C
T
This ima gery is co p yrighted a n d licen sed by Nea rma p US In c, which reta in so wn ership o f the ima gery. It is bein g p ro vided by Da ko ta Co un ty un der theterms o f tha t licen se. Un der tha t licen se, Da ko ta Co un ty is a llo wed top ro vide a ccess to the “Offlin e Co p y Add-On fo r Go vern men t”, o n which thisima ge services is ba sed, a t 6-in ch reso lutio n , six mo n ths a fter the ca p tureda te, p ro vided the user a ckn o wledges tha t the ima gery will be used in theirn o rma l co urse o f busin ess a n d must n o t be reso ld o r distributed fo r the
1831 Walsh Lane
Da te: 7/6/2023
City o fMen do taHeights030
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
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1831 Walsh Lane, Mendota Heights
Western and Northern Property Lines (256 linear feet)
3-Rail Flat-Top Wrought Iron
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Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Ordinance 578: No Parking on Warrior Drive
INTRODUCTION
The Council is asked to approve Ordinance 578 amending City Code; Title 6, Chapter 3, Section
3 establishing parking restrictions on Warrior Drive.
BACKGROUND
Mendota Heights currently has codified the following restrictions on Warrior Drive regarding
parking:
Parking Prohibited During Certain Hours: No person shall park or leave standing any motor
vehicle on the following streets in the City, during the following hours, on the following days:
7:00 A.M. TO 2:00 P.M., MONDAY THROUGH FRIDAY
Street Side Location
High Ridge Circle and Sibley Court Within 30 feet of their intersections
Warrior Drive West North 600 feet
Permanent No Parking
Warrior
Drive
East 50 feet wide, centered on the pedestrian crosswalk located across
from and just north of High Ridge Circle
East 50 feet wide, centered on the pedestrian crosswalk located across
from and just north of Sibley Court
East From the south side of the Henry Sibley High School driveway south
75 feet
There is a “No Parking” sign on the cul-de-sac that is not in the code. The code also does not
identify “No Parking” for the entire length of the southbound lane (west side) through the
median area.
10bCity Council | Tuesday, July 18, 2023 | Page 71 of 86
The Mendota Heights Traffic Safety Committee met and discussed these issues on November 4,
2019. Attached is the memo and minutes from the meeting. The Traffic Safety Committee’s
recommendation was to synchronize the code with the current no parking signs on Warrior
Drive. In addition, the code references Henry Sibley which has changed to Two Rivers. The
proposed changes are as follows (strike out is a deletion and underline is an addition):
Warrior
Drive
East 50 feet wide, centered on the pedestrian crosswalk located across
from and just north of High Ridge Circle
East 50 feet wide, centered on the pedestrian crosswalk located across
from and just north of Sibley Court
East From the south side of the Henry Sibley Two Rivers High School
driveway south 75 feet
Both From the north side of the Two Rivers High School driveway north
around the cul-de-sac
West From 600 feet south of the cul-de-sac to Mendota Road
There has been recent violations of the parking restriction during stadium events.
BUDGET IMPACT
Warrior Drive is currently posted with the parking restrictions. Due to a recommendation from
the Mendota Heights Police Department, an additional “No Parking” sign would be added in the
cul-de-sac.
RECOMMENDATION
The Traffic Safety Committee recommends adoption of the proposed Ordinance.
ACTION REQUIRED
If the City Council with the Traffic Safety Committee recommendation, they should pass a
motion adopting Ordinance 578, “AN ORDINANCE AMENDING TITLE 6, CHAPTER 3,
SECTION 3 OF THE CITY CODE”. This action requires a super majority vote.
City Council | Tuesday, July 18, 2023 | Page 72 of 86
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 578
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, SECTION 3 OF THE CITY CODE
The City Council of the City of Mendota Heights, Minnesota ordains as follows:
The following streets are hereby added or amended to Title 6, Chapter 3, Section 3, Paragraph C of the
City Code:
Parking prohibited on Certain Streets: No person shall park or leave standing any motor vehicle on
the following streets or portions thereof in the City:
Street Side Location
Warrior Drive Both From the north side of the Two Rivers High School
driveway north around the cul-de-sac
Warrior Drive East From the south side of the Henry Sibley Two Rivers High
School driveway south 75 feet
Warrior Drive West From 600 feet south of the cul-de-sac to Mendota Road
Adopted and ordained into an Ordinance this eighteenth day of July, 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
__________________________
Stephanie B. Levine, Mayor
ATTEST:
______________________________
Christine Lusian, City Clerk
City Council | Tuesday, July 18, 2023 | Page 73 of 86
HIGHWAY 62WARRIOR DRMENDOTA RDKNOB RDSIBLEY CT
HENRY SIBLEY ACCESS RD
HIGH
R
IDGE
C
IR
This im agery is copyrighted an d licen sed by Nearm ap U S In c, which retain sown ership of the im agery. It is bein g provided by Dak ota Coun ty un der theterm s of that licen se. U n der that licen se, Dak ota Coun ty is allowed toprovide access to the “Offlin e Copy Add-On for Govern m en t”, on which thisim age services is based, at 6-in ch resolution , six m on ths after the capturedate, provided the user ack n owledges that the im agery will be used in theirn orm al course of busin ess an d m ust n ot be resold or distributed for the
Warrior DriveParking Restrictions
Date: 6/21/2023
City of Men dotaHeights0250
SCALE IN FEET
Legend
No Park in gNo Park in g7:00 A.M. to 2:00 P.M. M-F
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Request for City Council Action
DATE: July 18, 2023
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Authorize Construction Services Contract for the Rogers Lake Skate Park
INTRODUCTION
The Council is asked to authorize a professional services contract for construction services on the
Rogers Lake Skate Park Project.
BACKGROUND
In November, 2022 the City Council approved professional services agreements with Bolton and
Menk, Inc. and the American Ramp Company for the engineering and design of the Roger’s Lake
Skate Park Reconstruction Project. Staff estimated the consulting fees in regards to this project to
total $40,000.
The cost of the equipment, shipping and installation based on American Ramp Company’s
proposal is $217,876.72. City Council also awarded a construction contract to Goodmanson
Construction for $199,353 at their July 5, 2023 meeting.
The city will need to provide construction services for the installation of the concrete pad and
site work for the Rogers Lake Skate Park. Bolton & Menk provided the attached not-to-exceed
quote for this work. The project will require oversight for the removals, reclamation, subgrade,
sub-drains, select granular, placement of reclaimed material, concrete pad, construction staking,
material testing, and restoration.
Bolton & Menk provided the professional services for the engineering and design of the Rogers
Lake Skate Park plans. With the original design bids being rejected and the project rebid, Bolton
& Menk exceed the original contract amount which the city was not charged for based on the
not-to-exceed contract issued in November 2022.
BUDGET IMPACT
The attached quote outlines the services provided to include contract preparation, pre-
construction conference, submittal review, construction staking, payment application
preparation, project inspection services and testing services. The total not-to-exceed quote is
estimated at $29,551. This includes the testing services from AET of $7,320.
10cCity Council | Tuesday, July 18, 2023 | Page 79 of 86
RECOMMENDATION
Staff recommends that City Council authorize the professional services contract to Bolton &
Menk for $29,551.
ACTION REQUIRED
If Council agrees with the staff recommendation, authorize Staff to execute a professional
services contract with Bolton & Menk for $29,551. This action requires a simple majority vote.
City Council | Tuesday, July 18, 2023 | Page 80 of 86
July 10, 2023
Ryan Ruzek, P.E.
Public Works Director
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Rogers Lake Skate Park Construction Services
Dear Mr. Ruzek:
We appreciate the opportunity to present this scope of services for the Rogers Lake Skate Park project.
Our scope and fees were prepared based on our understanding of the project and our previous
experience in delivering similar project types. Our proposed services will be as described below:
Contract Preparation – Assist with Notice of Award, Contracts, and Notice to Proceed. Prepare sets of
contract documents (plans and specifications) for City and Contractor.
Pre-Construction Conference – Coordinate the Pre-Construction Conference, including scheduling,
preparing the agenda, administering the meeting and preparing meeting minutes. We will also address
any questions that may arise related to project design or construction staking.
Shop Drawing / Submittal Review – Review submittals for key project components.
Construction Staking – Includes the following:
• Calculations and Preparation of Data,
• Establishing Survey Control,
• Staking of Erosion Control,
• Staking of Draintile,
• Staking Blue Tops for Subgrade and Class 5 Aggregate Base Course,
• Staking Concrete Slab, and
• Staking Miscellaneous Features.
Pay Application Assistance – Work with City and Contractor to complete payment documents.
As-Built Survey and Record Drawings – None required.
Construction Revisions and Plan Updates – To be performed as needed during construction. We have
assumed a total of 8 hours for this task.
Project Inspection Services – We will assist the City of Mendota Heights with project inspection. The
services will generally be part-time, with some full-time days, as needed. We have budgeted 80 hours
for this task, although the actual time spent will be heavily dictated by the contractor.
City Council | Tuesday, July 18, 2023 | Page 81 of 86
Mr. Ryan Ruzek, P.E.
July 10, 2023
Page 2
Testing Services – We will sub-contract with AET to complete the construction testing services for the
project. Testing services are anticipated to include:
• Reclaimed Material – Testing to determine suitability for use as aggregate base. Testing for
compaction during placement of the material.
• Select Granular Borrow – Gradation verification and compaction testing.
• Subgrade Review – Determine suitability or if subgrade corrections are required.
• Concrete – Testing for air and slump, along with plant inspections and cylinder testing for
strength.
We have attached a fee spreadsheet depicting hours, rates, and total compensation on a per task basis.
Our proposed Not-To-Exceed fees for the work are $29,551.00.
If there are any questions related to this proposal, please call me at (651) 968-7760.
Sincerely,
BOLTON & MENK, INC.
Kevin P. Kielb, P.E.
Principal Engineer
(651) 968-7760
City Council | Tuesday, July 18, 2023 | Page 82 of 86
CLIENT: City of Mendota HeightsPROJECT: Rogers lake Skate Park ConstructionProject ManagerProject EngineerDesign EngineerLicensed SurveyorSurvey TechnicianSurveyorClericalConstruction Services AssistanceContract Preparation1 2 0 0 0 0 47$906Pre-Construction Conference1 8 0 0 0 0 413$1,884Construction Staking0 2 0 4 3 20 029$5,122Shop Drawing Review0 4 0 0 0 0 15$745Pay Application Assistance0 4 0 0 0 0 04$652As-Built Survey0 0 0 0 0 0 00$0Record Drawings0 0 0 0 0 0 00$0Revisions / Plan Updates2 2 4 0 0 0 08$1,322Inspection Services 0 0 80 0 0 0 080$11,6004 22 84 4 3 20 9 66Subtotal for Staking and Construction Admin $22,231Subtotal for Testing Services $7,320TOTAL Construction Services $29,551DETAILED COST ESTIMATEWORK TASK DESCRIPTION Total Bolton & Menk HoursBOLTON & MENK, INC.Total HoursCostCity Council | Tuesday, July 18, 2023 | Page 83 of 86
July 10, 2023
Bolton & Menk, Inc.
7533 Sunwood Drive Northwest, Suite 206
Ramsey, Minnesota 55303
Attn: Mr. Kevin Kielb, PE – Principal Engineer
RE: Professional Services Agreement
Rogers Lake Skate Park
Mendota Heights, Minnesota
Dear Mr. Kielb:
American Engineering Testing (AET) is pleased to provide engineering consultation and
construction materials testing as requested for the Rogers Lake Skate Park project in
Mendota Heights, MN. These services will be performed in accordance with the
Subconsultant Master Agreement for Professional Services (Task Orders) between
Bolton & Menk, Inc. and American Engineering Testing, Inc., dated January 21, 2021.
I appreciate the opportunity to provide our services to Bolton & Menk and the City of
Mendota Heights and I look forward to building a lasting relationship for years to come.
If you have any questions regarding the service agreement presented, please contact
me.
Sincerely,
American Engineering Testing
Nicholas D. Collette
Project Manager / Engineer I
ncollette@teamAET.com
Cell: (651) 470-4110
5548 Barthel Industrial Drive, Suite 500 | Albertville, MN 55301
Phone (763) 428-5573 | (800) 972-6364 | Fax (651) 659-1379 | teamAET.com | AA/EEO
This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc.
City Council | Tuesday, July 18, 2023 | Page 84 of 86
ACCEPTANCE AND AUTHORIZATION: AET Proposal No. P-0024867
SIGNATURE:
PRINTED NAME:
COMPANY:
ADDRESS:
PHONE NUMBER AND EMAIL:
DATE:
INVOICING INFORMATION (Provide Company AP Department Information,
if present.)
AP CONTACT NAME:
BILLING/MAILING ADDRESS:
AP PHONE NUMBER AND INVOICE EMAIL:
P.O. NO./ PROJECT NO.:
Attachments: Project Testing Services Fee Schedule
City Council | Tuesday, July 18, 2023 | Page 85 of 86
PROJECT TESTING SERVICES FEE SCHEDULE
ROGERS LAKE SKATE PARK
MENDOTA HEIGHTS, MN
AET PROPOSAL No. P-0024867
UNIT BUDGET
RATE AMOUNT
Excavation Observations - Engineer I for observations of excavations, consultation and
reporting (assumes 1 trip to the jobsite).2 hours $160.00 $320.00
Soil Density Testing - Technician II for soil compaction testing and reporting (assumes 5 trips
to the jobsite).10 hours $110.00 $1,100.00
Personal or company vehicle mileage.180 miles $1.25 $225.00
Nuclear Density Test 12 tests $39.00 $468.00
Dynamic Cone Penetrometer (MnDOT)6 tests $60.00 $360.00
ASTM D698 Standard Proctor 2 tests $175.00 $350.00
ASTM C136 Sieve Analysis of Aggregate (Coarse and Fine)3 tests $129.00 $387.00
$3,210.00
Proof Roll Observations - Engineer I for observations, consultation and reporting (assumes #
trips to the jobsite).2 hours $160.00 $320.00
Personal or company vehicle mileage.20 miles $1.25 $25.00
$345.00
Reinforcing Steel & Concrete Testing - Technician II for observations of reinforcing steel and
testing of concrete (assumes 4 trips to the jobsite).14 hours $110.00 $1,540.00
Concrete Testing - Technician I for testing of concrete only - NO OBSERVATIONS OF
REINFORCING STEEL (assumes 2 trips to the jobsite).4 hours $95.00 $380.00
Personal or company vehicle mileage.180 miles $1.25 $225.00
ASTM C39 Concrete Compressive Strength - Curing, handling and testing of 4" x 8" concrete test
cylinders (includes handling of non-tested cylinders).25 cyls. $40.00 $1,000.00
$3,145.00
Project Management - Engineer II/Project Manager for coordination of AET personnel and
activities, attending meetings (if requested), consultation and report preparation.3 hours $180.00 $540.00
Project Administrator for report preparation, review, invoicing.1 hours $80.00 $80.00
$620.00
$7,320.00
Section Subtotal:
Excavation Observations & Compaction Testing
Reinforcing Steel Observations & Concrete Testing
Concrete Testing
UNITS
Subgrade/Base Proof Roll Observations & Testing
SERVICE DESCRIPTION
Section Subtotal:
Section Subtotal:
PROJECT BUDGET
ESTIMATED
Section Subtotal:
Project Management & Coordination
ESTIMATED BUDGET
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City Council | Tuesday, July 18, 2023 | Page 86 of 86