2023-08-02 City Council Agenda Packet
CITY COUNCIL AGENDA
MENDOTA HEIGHTS CITY HALL - COUNCIL CHAMBERS
Wednesday, August 2, 2023
7:00 p.m.
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approve July 18, 2023 City Council Meeting Minutes
b. Approve July 18, 2023 City Council Work Session Minutes
c. Acknowledge June 14, 2023 Natural Resources Commission Meeting Minutes
d. Authorize the Conditional Hiring of Probationary Firefighters
e. Approve Fire Department Out of Metro Travel Request
f. Resolution 2023-42 Approving Appointment to the Natural Resources Commission
g. Resolution 2023-43 Approving and Authorizing the Execution of Assignment and
Assumption of Rights and Obligations Agreement for Pilot Knob BC LLC
h. Approve Reimbursement for the Interstate Valley Creek Stabilization and Volume
Reduction Study
i. Award Professional Services Contract for the Completion of the Oȟéyawahe/Pilot
Knob Preservation Site Interpretive Plan, Phase II
j. Approve Purchase Order for Wentworth Warming House Electrical Work
k. Resolution 2023-46 Approve Renewal of Contract with Metro Bowhunters
Resources Base for Deer Control and Public Hunt
l. Approve Temporary Alcohol License for Holy Family Maronite Catholic Church
m. Approve Purchase Order for a Snow Plow and Tommy Liftgate
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.
Page 2 of 2
n.Approve Claims List
6.Public Comment Period (for items not on the agenda)
7.Presentations/Recognitions
a.City of Mendota Heights Instagram Account
8.Public Hearings
9.New Business
a.Ordinance Discussion - Cannabis Use within Public Property and Public Places
b.Resolution 2023-44 Approving the Variance and Lot Line Adjustment for Planning
Case 2023-07
c.Resolution 2023-45 Approving the Conditional Use Permit for Planning Case 2023-12
10.Community Announcements
11.Council Comments
12.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
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
DRAFT Minutes of the Regular Meeting
Held Tuesday, July 18, 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, Mazzitello, and
Miller were also present.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
MOMENT OF SILENCE IN MEMORY OF OFFICER SCOTT PATRICK, EOW JULY 30, 2014
The Council and those present observed a moment of silence for Officer Scott Patrick who was killed in
the line of duty on July 30, 2014. She noted that on Sunday, July 30 at noon there will be a memorial on
the corner of Smith and Dodd.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Paper moved adoption of the agenda.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Mazzitello moved approval of the consent calendar as presented, pulling items C, E, F and G.
a.Approval of July 5, 2023 City Council 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
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f.Authorize the Appointment of Dan Johnson as the Mendota Heights Fire Department Training
Officer
g.Approve Endorsement of the MSP Noise Oversight Committee’s 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
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
C) APPROVE RESOLUTION 2023-40 DECLARING SKATE PARK EQUIPMENT
SURPLUS AND AUTHORIZING THE SALE OF THE ITEMS
Mayor Levine commented that the skate park is being redone and the City is offering the opportunity for
the public to purchase the surplus equipment.
Mayor Levine moved to approve RESOLUTION NO. 2023-40 DECLARING SKATE PARK
EQUIPMENT SURPLUS AND AUTHORIZING THE SALE OF THE ITEMS.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
E)APPROVE RESOLUTION 2023-41 ACCEPTING DONATIONS TO THE CLIFF TIMM
MEMORIAL FISHING DERBY
Councilor Lorberbaum asked what would be done with the list of items received, whether those items are
going to be given as equipment to use for those without equipment or whether those items are going to be
given away as prizes.
Parks and Recreation Manager Meredith Lawrence commented that the items will be given away as prizes
at the event. She stated that the event will be held at 4 p.m. on Thursday, July 20 at Rogers Lake Park;
registration is required and she believed two spots were still available.
Councilor Lorberbaum moved to approve RESOLUTION NO. 2023-41 ACCEPTING DONATIONS TO
THE CLIFF TIMM MEMORIAL FISHING DERBY.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
F)AUTHORIZE THE APPOINTMENT OF DAN JOHNSON AS THE MENDOTA HEIGHTS
FIRE DEPARTMENT TRAINING OFFICER
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Councilor Miller commented that this is a slam dunk. He stated that since Dan Johnson’s arrival he has
been top shelf, participating in committees and leadership decisions. He stated that Dan Johnson helps to
make the department more effective and efficient. He noted that Mr. Johnson’s wife is also a firefighter
in the department. He thanked Dale Stein who had been the previous training department lead, noting that
he is pursuing higher education at this time.
Councilor Paper echoed the comments of Councilor Miller noting that Dan Johnson is an exemplary
citizen and a great addition to the community. He was happy that Mr. Johnson was willing to take on this
additional role.
Mayor Levine commented that there are not a lot of departments that conduct training in-house and the
City is grateful for the efforts of the department.
Councilor Paper moved to authorize APPOINTMENT OF DAN JOHNSON AS THE MENDOTA
HEIGHTS FIRE DEPARTMENT TRAINING OFFICER.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
G)APPROVE ENDORSEMENT OF THE MSP NOISE OVERSIGHT COMMITTEE’S
RESPONSE LETTER TO REQUEST FOR COMMENTS ON THE FAA’S CIVIL AVIATION
NOISE POLICY
Councilor Lorberbaum noted the top of page 28 and stated that she had a small grammatical change.
City Administrator Cheryl Jacobson stated that the Metropolitan Airports Commission has approved the
letter for submission and therefore it is not possible to make grammatical changes.
Councilor Lorberbaum moved to approve ENDORSEMENT OF THE MSP NOISE OVERSIGHT
COMMITTEE’S RESPONSE LETTER TO REQUEST FOR COMMENTS ON THE FAA’S CIVIL
AVIATION NOISE POLICY.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
Roberta Parnell commented that a contractor she hired came into her home and caused about $4,000 in
damage. She stated that she threatened to sue for damages and the contractor called the Mendota
Heights Police Department to file a false complaint against her. She stated that a former member of the
department, entered her home without proof or cause, and she was assaulted.
Mayor Levine asked if this is a personnel issue and asked legal counsel for an opinion.
Roberta continued to detail the injuries she experienced because of the incident.
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Mayor Levine asked the resident to pause because this is a personnel issue. She commented that the
resident is welcome to speak but cannot speak on personnel issues.
Roberta continued to detail her experience and the losses she has experienced as a result of this incident.
She stated that she and her family have been threatened and there continues to be justification from the
department and the Council. She commented that her case has been buried.
Mayor Levine thanked the resident for her comments.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A)RIGHT-OF-WAY LICENSE AGREEMENT FOR 1831 WALSH LANE
Public Works Director Ryan Ruzek explained that Dale and Julia Lauwagie are seeking a Right-of-Way
License Agreement from the City to install a new four-foot ornamental wrought iron fence in their side
yard, and within the abutting Windwood Court right-of-way.
Dale and Julia Lauwagie, applicants, commented that the old fence was taken down before the next crew
came out to install the new fence and that is when they discovered the issue with the property line. Julie
Lauwagie noted that they may not have chosen to remove the fence if they would have known about the
property line issue. She noted that they have been without a fence for three weeks which has caused an
issue for their dogs and grandkids.
Councilor Paper asked the length of the license.
Public Works Director Ryan Ruzek replied that the license is issued to the homeowners and therefore if
the home were vacated by the residents, the license would be dissolved.
Councilor Lorberbaum moved to approve THE RIGHT-OF-WAY LICENSE AGREEMENT BETWEEN
THE CITY OF MENDOTA HEIGHTS AND DALE AND JULIA LAUWAGIE OF 1831 WALSH
LANE.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
B)ORDINANCE 578 AMENDING NO PARKING AREAS ON WARRIOR DRIVE
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Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being
asked to approve Ordinance 578 amending City Code; Title 6, Chapter 3, Section 3 establishing parking
restrictions on Warrior Drive.
Councilor Paper asked if this area is currently no parking.
Public Works Director Ryan Ruzek confirmed that students do not use the cul-de-sac for parking and
parking in that area typically only occurs during events.
Councilor Lorberbaum asked the time school ends and why a time of 2 p.m. was chosen.
Public Works Director Ryan Ruzek stated that he believed 2 p.m. was chosen as students would not be
arriving after that time. He was not aware of any issues with the time restriction area.
Mayor Levine asked if staff has spoken with Dr. Johnson, or other members of administration at Two
Rivers.
Public Works Director Ryan Ruzek replied that staff has not because the School District is already aware
that the cul-de-sac is not allowed for parking. He commented that this is a small cul-de-sac and parking
would cause issues.
Councilor Mazzitello moved to adopt ORDINANCE NO. 578 AMENDING TITLE 6, CHAPTER 3,
SECTION 3 OF THE CITY CODE.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
C)APPROVE CONSTRUCTION SERVICES CONTRACT FOR THE ROGERS LAKE SKATE
PARK
Public Works Director Ryan Ruzek stated that the Council is asked to authorize a professional services
contract for construction services on the Rogers Lake Skate Park Project.
Councilor Paper asked for details on the professional services that were already paid for.
Public Works Director Ryan Ruzek reviewed the work that was already completed by Bolton & Menk
including soil borings and soil analysis, which led to the recommendation for pavement thickness and
design specifications. He stated that the firm also assisted with the bidding process. He noted that the
project needed to be redesigned and rebid as well.
Councilor Paper asked if the firm would be handling project management duties.
Public Works Director Ryan Ruzek confirmed that the firm could be considered a project manager.
Councilor Mazzitello asked if other quotes were solicited or whether Bolton & Menk was chosen because
they were already involved in the project from the beginning.
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Public Works Director Ryan Ruzek replied that quotes were not solicited for this stage of the project as
Bolton & Menk was already under contract for the first phase.
Councilor Mazzitello moved to authorize STAFF TO EXECUTE A PROFESSIONAL SERVICES
CONTRACT WITH BOLTON & MENK FOR $29,551.
Councilor Miller seconded the motion.
Ayes: 5
Nays: 0
COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced upcoming events and activities.
COUNCIL COMMENTS
Councilor Miller recognized MnDOT staff that were instrumental in clearing obstructions at Wagon
Wheel and Dodd. He also commended the Police Department who provided assistance on a Fire
Department call over the weekend. He commented that people often encounter the police on a bad day in
their life and the department often does not receive the praise it deserves.
Councilor Lorberbaum noted an opening on the Natural Resources Commission and shared that the
Council held interviews today. She stated that she continues to be amazed by the quality of applicants the
City receives and noted that the City is very lucky to have its residents.
Councilor Paper thanked Mayor Levine for participating with Beyond the Yellow Ribbon at the Mendota
Days parade.
Councilor Mazzitello noted that Night to Unite provides a wonderful opportunity for people to meet their
neighbors and also meet elected officials that travel to different parties throughout the community. He
commented that he and Mayor Levine had a great time at Coffee with the Council at the Copperfield. He
encouraged residents to attend one of the upcoming sessions as it provides an opportunity for informal
conversations. He also reminded residents of the memorial for Officer Scott Patrick on July 30 at noon at
the corner of Smith and Dodd.
ADJOURN
Councilor Mazzitello moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
Mayor Levine adjourned the meeting at 7:38 p.m.
____________________________________
Stephanie B. Levine
Mayor
City Council | Wednesday, August 2, 2023 | Page 6 of 143
ATTEST:
_______________________________
Christine Lusian
City Clerk
City Council | Wednesday, August 2, 2023 | Page 7 of 143
City Council | Wednesday, August 2, 2023 | Page 8 of 143
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Tuesday, July 18, 2023
CALL TO ORDER
Mayor Levine called the work session to order at 4:15 p.m. Councilmembers Lorberbaum,
Mazzitello, Paper, and Miller were present.
Staff in attendance included City Administrator Cheryl Jacobson, Assistant City Administrator
Kelly Torkelson, Public Works Director Ryan Ruzek, Park and Recreation Manager Meredith
Lawrence, Public Works Superintendent John Boland, Recycling Coordinator Courtney Selstad,
Finance Director Kristen Schabacker, and City Clerk Christine Lusian.
ORGANICS COLLECTION
Coordinator Selstad provided an update to the city council on the Minnesota Pollution Control
Agency’s (MPCA) plans regarding organics collections. The state has a goal to reduce solid
waste by 75% by 2030 and organics collection is a part of the strategy that they are going to use
to try to meet that goal. Staff have met with representatives from Dakota County and the MPCA
to identify upcoming requirements and resources available to Mendota Heights to meet those
requirements.
The MPCA has recently published a draft policy plan which outlines their strategy to achieve
their waste reduction goals. Council is invited to submit comments on that plan through
September. The plan will be finalized by the end of the year. Once the plan is finalized, counties
have until Q3/Q4 of 2024 to develop their own plan for how they will respond. Dakota County is
anticipating that there will be some kind of organics collection requirement by 2026 based on the
timelines of the State.
The MPCA hosted listening sessions last week at which the waste haulers expressed concerns
about labor shortages, licensing issues, and limited capacity at the existing organics facilities.
There is a new organics facility that just broke ground in Scott County. Staff would like guidance
from the City Council as to how they would like staff to approach these upcoming requirements.
Some options that the city council could consider would include finding a hauler who is willing
to do curbside organics collection within Mendota Heights, investigate the feasibility of
instituting organized organics collection in Mendota Heights, or expand organics education and
activities to increase the participation in the city’s organics drop off program.
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Parks and Recreation Manager clarified for the city council that if there was interest in doing
curbside organics collection that the city council would need to institute organized trash
collection as well. This is a hot topic that generates a significant amount of public feedback. If
the city were to move in this direction then staff would recommend working with a vendor to
support the initiative.
Councilor Paper asked staff about the feasibility of developing an in-house organics collection
program. Councilor Mazzitello stated that the development of such a program would require
significant administration on the back end. Council Paper recommended that the development of
a program like this be funded by taxes rather than by additional fees and asked about the
feasibility of using existing city property to manage organics collections. Public Works Director
Ruzek clarified that there were significant requirements by the MPCA regarding organics
management sites that the city would not be able to meet. Mayor Levine shared that the city
shouldn’t try to recreate the wheel, but that we can learn from other cities who have done this.
Parks and Recreation Manager shared that Dakota County has offered to pay for a study for
Mendota Heights to figure out the feasibility of an organics collection program. Councilor
Lorberbaum shared that she was interested in the staff looking into the possibilities of organics
collection.
Councilor Mazzitello asked if it would be possible to pull a report together before the comment
period expired with the MPCA. Staff said that timeline would be challenging to meet, however,
other cities are further along in this process than we are and can speak to some of the questions
and issues that this data will illuminate for Mendota Heights. Councilor Mazzitello shared that he
supported a study funded by the County. Councilor Miller asked what the county would want
from the city as a part of the initiative. Parks and Recreation Manager Lawrence clarified that the
County would be looking for clear direction and commitment by the council regarding interest in
moving forward on the initiative.
Councilor Lorberbaum requested that staff connect with staff from the City of Edina as they
implemented an organics program prior to the requirements by Hennepin County. Staff
confirmed that they have been and will continue to be in contact with staff at the City of Edina
and other cities that have experience implementing these programs.
Councilor Mazzitello clarified that he was not interested in government run waste collection.
SNOW EQUIPMENT
Superintendent Boland introduced the department’s request for snow removal equipment that is
not currently in the Capital Improvement Plan (CIP). The equipment requested has the ability to
be used year round, however, its main utility will support the city’s efforts in snow removal
specifically in cul-de-sacs. The new equipment is safer to use as it has increased visibility and it
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will be able to use different attachments that we have in our existing equipment. The new
machine will speed the response of public works for how long it takes to clear snow and it will
reduce the amount of snow that gets packed onto roads.
Councilor Lorberbaum said that the residents think that public works does a great job and wanted
to know why staff needed this when they were already doing such a great job. Superintendent
Boland clarified that this year’s snowfall included a lot of challenges for staff and reinforced that
the equipment would improve safety during snow events.
Councilor Mazzitello asked about the feasibility of using existing equipment for trade in value to
fund this request. Public Works Director clarified that the equipment that Councilor Mazzitello
was referring to is currently used as a back up for snow removal at the industrial park and that
the city should not get rid of that equipment until the replacement has arrived.
Councilor Miller asked if the equipment would be able to be used outside of snow events.
Superintendent Boland confirmed that yes staff would be able to use it year round, but the
primary benefit it would add to the city would be during snow events.
Councilor Paper asked staff to look into the feasibility and costs of using other vendors.
COMPENSATION STUDY
Kelly Torkelson introduced the compensation study to the city council. She reviewed the city
council’s strategic priorities which include recruiting and retaining staff. Torkelson reviewed that
the hiring market is getting increasingly challenging and projections for recruitment efforts in the
future.
Tessia Melvin reviewed the benchmarks that the employees have proposed. Benchmarks
includes cities that have a variety of characteristics that reflect the range of the market for
employees. Some of the cities are bigger, but some of them are smaller. Some cities have a larger
tax base, some are smaller.
Mayor Levine said that it doesn’t make sense to compare us to cities that are much larger
because going to a larger city is a promotion. We shouldn’t be comparing our city to cities that
are so much bigger than us. Assistant City Administrator Torkelson stated that the goal of this
conversation is not to say that we should be paying the same as some of these larger cities, but it
is important to outline the context for the market, these are the cities that we are competing with.
While some jobs have more differences between Mendota Heights and Apple Valley, there are
other jobs which are very similar, and having the cities in the benchmarks will make sure that we
are including those as well.
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Councilor Mazzitello said that in reviewing these cities, there is a pretty good split of cities that
are larger and cities that are smaller than we are. Dr. Melvin shared that out of 24 cities, 11 of the
benchmarks are larger, 14 are smaller than Mendota Heights.
Councilor Mazzitello shared that at Ramsey County, the county board of commission has a
philosophy to pay 65 percentile of the market. Currently pay is significantly below that and the
impact is that they cannot keep people employed.
Assistant City Administrator Torkelson said that Dr. Melvin has pulled together some data that
can show where we fit in the existing benchmark environment, what we would be looking for
from the council if there are any specific changes to the list of benchmarks and where the city
council would like staff to aim their analysis towards from a pay philosophy perspective. That
will help the city to ensure that we are meeting the expectations of the council with the
recommendations that we make in the report.
Mayor Levine wanted to aim to be right in the middle of the benchmarks but also to be
competitive with cities that we provide better service than.
Councilor Mazzitello said that Mendota Heights is a great place to work, that the city has
relatively low turnover in staff. There are some of the intangibles which can make up the
difference in competitiveness that are left over from having average pay.
Assistant City Administrator Torkelson said that while these intangibles can be powerful
motivators, they are not necessarily sufficient to keep staff when the market has higher pay as
well as their own intangibles attracting staff. Sometimes people like where they work and they
still end up leaving because they need to pay bills. That is a reality of the situation, these other
cities are also a very nice place to work. If the city finds that we are paying below the average,
they are going to consider that as a recognition that they are under paid.
Mayor Levine said that the city has a lot of costs that are coming up, if we are committing to a
30% pay increase to staff that might not be something that we should be doing right now. Dr.
Melvin clarified that the study would not show that type of necessary adjustment.
Mayor Levine confirmed that she was comfortable with the proposed benchmarks. Councilor
Miller shared that he would like the city to be competitive with the market and that the middle of
the market should be the least that the city do. Councilor Mazzitello added that one of the main
reasons people stay or leave an organization is because of the leadership.
ADJOURNMENT
Mayor Levine adjourned the meeting at 5:41 p.m.
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ATTEST: ____________________________________
Stephanie B. Levine, Mayor
_______________________________
Christine Lusian, City Clerk
City Council | Wednesday, August 2, 2023 | Page 13 of 143
City Council | Wednesday, August 2, 2023 | Page 14 of 143
CITY OF MENDOTA HEIGHTS
NATURAL RESOURCES COMMISSION
Wednesday, June 14, 2023- 6:00 P.M.
Mendota Heights City Hall-Council Chambers
Minutes
The regular meeting of the Mendota Heights Natural Resources Commission was held on Wednesday, June
14, 2023, at Mendota Heights City Hall; 1101 Victoria Curve.
1.Call to Order
Chair Swank called the meeting to order at 6:00pm.
2.Roll Call
Natural Resources Coordinator Spreiter called the roll. Commissioners present: Swank, Husbands,
Stein, and Fahnhorst. Commissioners Absent: McCaslin, Tupper, and Student Commissioner Byrnes.
Staff present: Natural Resources Coordinator Krista Spreiter and Assistant City Administrator Kelly
Torkelson.
3.Adopt Agenda
Motion to approve the agenda by Stein, second by Fahnhorst.
Motion passed 4-0.
4.Approval of Minutes
Approval of May 10, 2023 Natural Resources Commission Meeting Minutes
Motion to approve the minutes by Husbands, second by Fahnhorst.
Motion passed 4-0.
Approval of June 1, 2023 Natural Resources Commission Work Session Meeting Minutes
Motion to approve the minutes by Stein, second by Fahnhorst.
Motion passed 4-0.
5.Citizen Comment Period (for items not on the agenda)
NA
6.New Business
a.Summer Recycling Events Update
Natural Resources Coordinator Spreiter shared information on the past and upcoming 2023
recycling events, per the memo from Recycling Coordinator Courtney Selstad.
Chair Swank clarified how these events are being promoted and shared; through the City’s website
and City’s social media accounts.
b.Quarterly Work Session Scheduling
Natural Resources Coordinator Spreiter proposed regular quarterly work sessions to focus on the
work plan goals. She presented two proposed schedule options for the Commission to choose
from.
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Chair Swank noted there may be a conflict with the Education and Outreach Committee meeting
dates.
Commissioners shared their preferences for scheduling.
c. Natural Resources Commissioner Resignation
Natural Resources Coordinator Spreiter shared that Commissioner Rachel Quick has resigned from
the Commission. Her term was set to expire in 2024, City Council has authorized staff to advertise
and interview for the open commission seat, with an anticipated appointment of a new
commission member in early August.
7. Old Business
a. Pollinator Awareness Month Report
Natural Resources Coordinator Spreiter provided a recap of the program held in May.
Chair Swank and Commissioner Stein thanked staff for the work on this program, as well as
commissioners who supported the efforts.
b. Budget Planning- Green Steps
Natural Resources Coordinator Spreiter provided a recap from the June 1 work session regarding
budget priorities. Priority best practices determined from commissioner responses include;
efficient existing public building, design for natural resources conservation, living and complete
streets, efficient city fleets, community forests and soils, stormwater management, surface water,
benchmarks and community engagement, climate adaptation, and community resilience.
Commissioner Husbands asked the next steps for translating the priorities to the actual budget.
Coordinator Spreiter stated they’ll bring the recommendations to City Council next.
Assistant City Administrator Torkelson noted this is wide ranging in scope, which brings up several
applications for prioritization. Staff can also use this budget planning to see if any priorities can be
integrated into other projects, or if there are opportunities to make some items staff initiatives,
rather than budget items.
Commissioner Husbands asked if the commission should prioritize the list further for City Council,
and/or if they should create a strategic plan that creates specific asks.
Chair Swank provided more information on the Green Steps program and how the steps are laid
out, and how the Green Steps committee will work to determine specific tasks to take on.
Commissioner Husbands noted her concern regarding setting specific budget priorities now, so
that they can be assailant in 2024, and that the Commission isn’t funded yet.
Chair Swank suggested the Commission gives themselves some grace, as they’re still a brand-new
group that might not be ready to provide specific asks yet.
Commissioner Stein noted that these reflect the committee’s work and priorities, which is good to
see. He noted he agrees that specificity is usually more effective.
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Assistant City Administrator Torkelson reminded commissioners that they can present any sort of
specific or non-specific asks to the City Council. She encouraged the Commission to look at how
this budget can lay the groundwork for future action plans, but noted the process can be slow at
times. She noted the priorities direction should be determined at the meeting tonight, as to get on
the City Council’s agenda in August.
Assistant City Administrator Torkelson noted that are looking at how to categorize the Natural
Resources budget to be easily prioritized and managed;
Commissioner Stein advocated for the prioritization growing from the work of the subcommittees.
Chair Swank agreed that prioritization could be done by subcommittees.
Motion to provide a recommendation to City Council as presented tonight by Fahnhorst, second by Stein.
Motion passed 4-0.
c. Budget Planning- Natural Resources Management Plan Projects
Natural Resources Coordinator Spreiter noted priority projects determined by a survey taken by
commissioners. Priority projects in order include; Valley Park Pollinator Corridor, Valley Park
Forest Enhancement North, Valley Park Northwest Forest Enhancement, Valley Park East Forest
Enhancement, Valley Park South Central Forest Enhancement, and Valley Park South Oak and
Aspen Knoll Forest Enhancement. Other projects to consider include; maintaining current
restoration areas, climate action plan, Valley Park strategic natural resources plan, additional
natural resources staffing, and increasing the natural resources budget 5% annually.
Commissioner Fahnhorst asked for clarification on a budget figure on the Natural Resource
Management Plan list.
Coordinator Spreiter noted the budget figure in question might be a typo and she’ll revisit the
issue.
Commissioner Stein suggested being vigilant and spending some budget on follow-up to
restoration projects.
Coordinator Spreiter confirmed there would need to be a budget item created for existing
restoration projects, but there is a planned budget for maintenance of existing restoration
projects.
Chair Swank agrees with the idea to provide budget to this type of preservation. She asked how
many of the projects are anticipated to be funded by grants.
Coordinator Spreiter noted there are some projects that have already been partially funded by
grants, and there is often less grant funding available for restoration projects.
Commissioner Stein suggested adding one more budget item to the current list; to uphold the
restoration work already accomplished.
Commissioner Fahnhorst suggested exploring the use of a stewardship account that would allocate
a percentage of the allotted funds for continual maintenance of projects.
City Council | Wednesday, August 2, 2023 | Page 17 of 143
Commissioner Husbands asked for clarification of the stewardship account use for grants or City
funds.
Commissioner Fahnhorst clarified it could be both, if accounted appropriately. He noted the
purpose of the percentage breakdown is to hold a rough correct proportion for projects.
Assistant City Administrator Torkelson noted that staff would have to create a policy for a budget
process change as presented by the Commission. She noted that City Council also has the goal of
maintaining projects.
The Commission has directed staff to determine if a stewardship account can be created and used
moving forwards in the budgeting process.
Motion to recommend priority projects to City Council as presented by Fahnhorst, second by Stein.
Motion passed 4-0.
d. Committee Reports – Workplan
• Ordinance and Policy Development
Commissioner Fahnhorst reported the committee is collaborating on a document that will
address a tree ordinance first, with waters and other ordinances to follow. This document will
be sent to the remainder of the Commission to be reviewed and edited. The goal is to discuss
more at the regular July Commission meeting and then dive into the details at the September
Worksession meeting.
Commissioner Stein added that it’s important for the Commission to adhere to the deadlines.
Staff will send reminders of upcoming deadlines.
• Education and Outreach
No meeting was held. Chari Swank noted the committee is looking to participate at the
upcoming Parks Celebration Event in August.
• Urban Forestry
Commissioner Husbands reported the committee discussed the tree budget, a tree giveaway,
a planting demonstration, and generally embracing the forestry portion of “urban”. She
shared initial details of the tree giveaway plan.
Coordinator Spreiter noted that trees should be planted in the fall and could give a proposed
date soon.
Commissioner Husbands noted, due to the logistics, the tree planting project may not be
ready this year.
Coordinator Spreiter noted that the budget allotted for this would carry over into next year or
could be used towards other needs.
• Green Steps
Chair Swank noted this committee will start meeting regularly again.
• Sustainability
City Council | Wednesday, August 2, 2023 | Page 18 of 143
Commissioner Stein reported of an upcoming presentation with a representative from Xcel
Energy to be held on July 10. A presentation will be given on Xcel’s “Partners in Energy”
Program. Another goal is to set up the City and its residents to take advantage of the Inflation
Reduction Act rebates and incentives.
Coordinator Spreiter noted that if other Commission members wanted to attend the July 10
presentation they would publish a notice of quorum. This presentation could also be
recorded and shared with the Commission members.
8. Staff Announcements
Natural Resources Coordinator Spreiter noted a new volunteer opportunity for a curb-cut raingarden
planting in the Ivy Hills neighborhood on June 23. Interested volunteers can visit the City’s’ website.
She added the City is hosting a workshop series for “Landscaping for Clean Water” through the Lower
Mississippi River Watershed Management Organization on June 20th and June 22nd. Coordinator
Spreiter encouraged interested residents to apply for the open Commission position. Applications are
due July 7. She also reminded all of City Hall being closed on June 19, July 3, and July 4.
9. Commission Comments
Chair Swank encouraged interested resident to apply for the open Commission position and noted they
can reach out to staff or commission members for any questions.
10. Adjourn
Motion to adjourn the meeting by Stein, second by Husbands.
Motion passed 4-0.
Chair Swank adjourned the meeting at 7:19pm.
City Council | Wednesday, August 2, 2023 | Page 19 of 143
City Council | Wednesday, August 2, 2023 | Page 20 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayo r, City Council and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
Kelly Torkelson, Assistant City Administrator
SUBJECT: Probationary Firefighter Appointments
INTRODUCTION
The City Council is asked to approve the appointment of five candidates to the position of
probationary firefighter with the Mendota Heights Fire Department.
BACKGROUND
Staff has completed the recruitment process to fill vacant firefighter positions within the Mendota
Heights Fire Department. A conditional offer has been extended, contingent upon the successful
completion of a pre-employment physical, background check, psychological assessment and
approval of the City Council to the following candidates: Gretchen Hansen, Ricky Chodek,
Christian Douah, Emily Mahone, and Anna Molinaro.
With the approval of the council, candidates will begin classroom training on August 3, 2023.
BUDGET IMPACT
Probationary firefighter pay is $11.37 per hour for fire calls and training and is included in the
budget.
ACTION RECOMMENDED
Upon completion of the conditional offer contingencies, staff recommends that the City Council
approve the appointment of Gretchen Hansen, Ricky Chodek, Christian Douah, Emily Mahone,
and Anna Molinaro. as Mendota Heights probationary firefighters.
ACTION REQUIRED
If City Council concurs, it should by motion, authorize the conditional appointment of Gretchen
Hansen, Ricky Chodek, Christian Douah, Emily Mahone, and Anna Molinaro as Mendota Heights
probationary firefighters.
5dCity Council | Wednesday, August 2, 2023 | Page 21 of 143
City Council | Wednesday, August 2, 2023 | Page 22 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayo r, City Council, and City Administrator
FROM: Dan Johnson, Fire Training Officer
SUBJECT: Out of Metro Travel Request
INTRODUCTION:
The City Council is asked to approve the attendance for Captain Hayley Heidelberg at the National
Fire Academy conference entitled “Best Practices in Community Risk Reduction”, to be held
September 9-10, 2023.
BACKGROUND:
City policy requires that the City Council approve any travel to a location out of the metropolitan
area for employees.
Approval is requested for Captain Hayley Heidelberg to attend the National Fire Academy
conference in Bemidji, MN, September 9-10, 2023. The program is designed for fire and
emergency service personnel to help develop and deliver fire prevention and community risk-
reduction programs in their community. Captain Heidelberg is the Fire Department Public
Education Coordinator.
BUDGET IMPACT:
Estimated lodging, registration, and meal expenses will be approximately $600 for a two night
stay. Funding is available in the 2023 Fire training budget to cover the costs of attending the
seminar.
RECOMMENDATION:
Staff asks that Council approve the attendance of Captain Heidelberg at the National Fire Academy
seminar.
ACTION REQUIRED:
If the Council concurs, it should by motion approve the attendance of Captain Heidelberg at the
National Fire Academy seminar in Bemidji, MN.
5eCity Council | Wednesday, August 2, 2023 | Page 23 of 143
City Council | Wednesday, August 2, 2023 | Page 24 of 143
DATE: August 2, 2023
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
SUBJECT: Resolution 2023-42 Appointment to the Natural Resources Commission
INTRODUCTION
The City’s Advisory Commissions include the Planning Commission, Parks and Recreation
Commission, Airport Relations Commission and Natural Resources Commission. Members of
city advisory commissions are appointed by the Mayor and city council.
BACKGROUND
The city council accepted the resignation of Rachel Quick from the Natural Resources Commission
at its June 6 meeting, creating a mid-term vacancy on the commission. The city sought applications
from interested residents between June 7 and July 7. The city received three applications and
interviewed two applicants on July 18.
BUDGET IMPACT
N/A
RECOMMENDATION
In order to make the appointment official, the City Council should approve Resolution 2023-42
Appointing Resident Lori Knosalla to the Natural Resources Commission.
ACTION REQUESTED
If the city council concurs, it should, by motion approve Resolution 2023-42 Appointing Lori
Knosalla to the Natural Resources Commission.
5fCity Council | Wednesday, August 2, 2023 | Page 25 of 143
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-42
APPROVING AN APPOINTMENT TO THE NATURAL RESOURCES COMMISSION
WHEREAS, the City Council of the City of Mendota Heights benefits from the active
participation of citizens in representing the City on boards and commissions; and
WHEREAS, the Natural Resources Commission serves as an advisory body to the City
Council. The Commission advises the Council on matters pertaining to natural resources,
sustainability, the environment and climate stewardship; and
WHEREAS, a vacancy with a term expiring January 31, 2024 exists on the Natural Resources
Commission; and
WHEREAS, applications from interested residents were sought and interviews were
conducted; and
WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights
resident Lori Knosalla to serve on the Natural Resources Commission.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it
hereby appoints Lori Knosalla to the Natural Resources Commission to fill a commissioner term
expiring January 31, 2024.
Adopted by the Mendota Heights City Council this 2nd day of August, 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
______________________________
Stephanie B. Levine, Mayor
ATTEST:
Christine Lusian, City Clerk
City Council | Wednesday, August 2, 2023 | Page 26 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayo r, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: Assignment of Development Agreement and TIF Note
for Pilot Knob BC LLC
INTRODUCTION
The City Council is asked to approve the Assignment and Assumption of Rights and Obligations
Agreement for the Pilot Knob BC LLC.
BACKGROUND
In March 2021, the City entered into a Development Agreement with Pilot Knob BC LLC (the
“Developer”). On February 1, 2022, the City issued a TIF Note in the principal amount of
$300,000 in favor of the Developer. The Developer is selling the property that is subject to the
Development Agreement, and pursuant to that sale, the Developer is assigning its interest in the
Development Agreement and TIF Note to a new entity.
Pursuant to the Agreement, the City must review this assignment.
BUDGET IMPACT
There is no budget impact as a result of this assignment.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve Resolution 2023-43 Approving
and Authorizing the Execution of Assignment and Assumption of Rights and Obligations
Agreement for the Pilot Knob BC LLC project.
ACTION REQUESTED
If Council concurs with the recommendation, they should, by motion, approve Resolution 2023-
43 Approving and Authorizing the Execution of Assignment and Assumption of Rights and
Obligations Agreement.
5gCity Council | Wednesday, August 2, 2023 | Page 27 of 143
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA
HELD: August 2, 2023
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Mendota Heights, Dakota County, Minnesota, was duly called and held at the City Hall in said
City on August 2, 2023, at 7:00 P.M.
The following members were present:
and the following were absent:
Member ________________ introduced the following resolution and moved its adoption:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 2023-43
RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF ASSIGNMENT
AND ASSUMPTION OF RIGHTS AND OBLIGATIONS AGREEMENT
A. WHEREAS, the City of Mendota Heights, Minnesota (the “City”) entered into a
Development Agreement, dated March 1, 2021 (the "Development Agreement") with Pilot Knob
BC LLC, a Minnesota limited liability company (the “Developer”).
B. WHEREAS, the Developer desires to assign its interest in the Development
Agreement and the TIF Note (as defined in the Development Agreement) pursuant to an
Assignment and Assumption of Rights and Obligations Agreement (the "Assignment") by and
between the Developer and 1420 Perron Road East Owner, LLC, a Delaware limited liability
company.
C. WHEREAS, a draft of the Assignment has been submitted to the City Council of
the City for approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. The City Council hereby approves the Assignment in substantially the form
submitted, and the Mayor and City Administrator are hereby authorized and directed to execute
the Assignment on behalf of the City.
City Council | Wednesday, August 2, 2023 | Page 28 of 143
2. The approval hereby given to the Assignment includes approval of such
additional details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by
the City officials authorized by this resolution to execute the Assignment. The execution of the
Assignment by the appropriate officer or officers of the City shall be conclusive evidence of the
approval of the Assignment in accordance with the terms hereof.
The motion for adoption of the foregoing resolution was duly seconded by member
_________________ and, after full discussion thereof, and upon a vote being taken thereof, the
following voted in favor thereof:
and the following voted against same:
Adopted this 2nd day of August, 2023.
_________________________
Stephanie B. Levine, Mayor
Attest: ________________________
Cheryl Jacobson, City Administrator
City Council | Wednesday, August 2, 2023 | Page 29 of 143
STATE OF MINNESOTA
COUNTY OF DAKOTA
CITY OF MENDOTA HEIGHTS
I, the undersigned, being the duly qualified and acting City Administrator of the City
Council of the City of Mendota Heights, Minnesota, DO HEREBY CERTIFY that I have
carefully compared the attached and foregoing extract of minutes with the original minutes of a
meeting of the City Council City held on the date therein indicated, which are on file and of
record in my office, and the same is a full, true and complete transcript therefrom insofar as the
same relates to a Resolution Authorizing the Execution of Assignment and Assumption of Rights
and Obligations Agreement.
WITNESS my hand as such City Administrator of the City Council of the City of
Mendota Heights, Minnesota this ___ day of ______________, 2023.
_____________________________
City Administrator
City Council | Wednesday, August 2, 2023 | Page 30 of 143
ASSIGNMENT AND ASSUMPTION OF
RIGHTS AND OBLIGATIONS AGREEMENT
Tax Increment Financing District No. 3
(Pilot Knob BC LLC Project)
This instrument drafted by:
Taft, Stettinius & Hollister (MLI)
2200 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
City Council | Wednesday, August 2, 2023 | Page 31 of 143
ASSIGNMENT AND ASSUMPTION OF
RIGHTS AND OBLIGATIONS AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF RIGHTS AND OBLIGATIONS
AGREEMENT ("Assignment" or "Agreement"), made as of August __, 2023, by and among the
City of Mendota Heights, Minnesota (the "City"), Pilot Knob BC LLC, a Minnesota limited
liability company, as assignor ("Assignor"), and 1420 Perron Road East Owner, LLC, a
Delaware limited liability company, as assignee ("Assignee").
RECITALS:
WHEREAS, the City entered into a Development Agreement, dated March 1, 2021, with
the Assignor (the "Development Agreement") and the Assignor desires to assign its interest in
the Development Agreement to Assignee pursuant to this Agreement.
WHEREAS, pursuant to the Development Agreement, the City issued a Tax Increment
Revenue Note dated February 1, 2022 in the principal amount of $300,000 (the “TIF Note") in
favor of the Assignor, and the Assignor desires to assign its interest in the TIF Note to the
Assignee pursuant to this Agreement.
WHEREAS, the Assignor desires to assign to the Assignee its rights, and be released
from all of its duties, obligations and responsibilities under the Development Agreement and the
TIF Note arising or accruing after the date of this Assignment, and the Assignee is willing to
accept and assume such rights, duties, obligations and responsibilities under the Development
Agreement and the TIF Note arising or accruing after the date of this Assignment.
NOW THEREFORE, in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals: The recitals set forth above are hereby incorporated into the
body of this Assignment as if fully restated herein.
2. Assignment of Agreement: The Assignor hereby assigns, transfers and quitclaims to the
Assignee all rights, duties, obligations and responsibilities under the Development Agreement
and the TIF Note arising or accruing after the date of this Assignment, subject to the terms of this
Agreement. The Assignee hereby accepts such rights and assumes such duties, obligations and
responsibilities of the Assignor as the “Developer” under the Development Agreement and the
TIF Note arising or accruing after the date of this Assignment, subject to the terms of this
Agreement. Assignor shall retain rights, liabilities or obligations under the Development
Agreement and the TIF Note arising or occurring prior to the date of this Assignment, but shall
have no further rights, liabilities or obligations under the Development Agreement or TIF Note
associated with actions or inactions arising or occurring after the date of this Assignment. The
Assignor warrants that it is not in default under the Development Agreement.
City Council | Wednesday, August 2, 2023 | Page 32 of 143
3. Covenants of Assignee:
(a) As a condition of the assignment herein, the Assignee hereby expressly assumes
the duties, obligations and responsibilities of the Assignor as the "Developer" under the
Development Agreement.
(b) The Assignee acknowledges that it may not re-assign its rights as the "Developer"
under the Development Agreement without the express prior written consent of the City, which
consent shall not be unreasonably withheld, delayed or conditioned as provided in the
Development Agreement.
(c) The Assignee certifies that it has the qualifications and financial responsibility
necessary and adequate to fulfill the obligations undertaken by the Developer in the
Development Agreement.
(d) The Assignee hereby agrees to indemnify and hold the Assignor and the City
harmless from all claims by third parties arising from and after the date of this Assignment, as
provided in the Development Agreement.
4. Assignee Default: In the event the Assignee defaults under the terms and obligations of
the Development Agreement assigned hereunder and does not cure the default in accordance
with the terms of the Development Agreement, the Assignee acknowledges the City has the right
to pursue any remedies against the Assignee as provided in the Development Agreement without
any notice to and without seeking any remedy from the Assignor.
5. Governing Law: It is agreed that this Assignment shall be governed by, construed and
enforced in accordance with the laws of the State of Minnesota.
6. Partial Invalidity: The invalidity of any portion of this Assignment will not and shall
not be deemed to affect the validity of any other provision. In the event that any provision of this
Assignment is held to be invalid, the parties agree that the remaining provisions shall be deemed
to be in full force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
7. Entirety of Agreement: This Assignment shall constitute the entire agreement between
the parties and any prior understanding or representation of any kind preceding the date of this
Assignment shall not be binding upon either party except to the extent incorporated in this
Agreement.
8. Modification: Any modification of this Agreement or additional obligation assumed by
either party in connection with this Assignment shall be binding only if placed in writing and
signed by each party or an authorized representative of each party.
9. Paragraph Headings: The titles to the paragraphs of this Agreement are solely for the
convenience of the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Agreement.
City Council | Wednesday, August 2, 2023 | Page 33 of 143
10. Execution in Counterparts: This Agreement may be executed, acknowledged and
delivered in any number of counterparts and each of such counterparts shall constitute an original
but all of which together shall constitute one agreement.
City Council | Wednesday, August 2, 2023 | Page 34 of 143
To evidence their agreement to the foregoing, the Parties have duly executed this
Agreement effective as of the date hereof.
ASSIGNOR:
PILOT KNOB BC LLC
By:
Its:
City Council | Wednesday, August 2, 2023 | Page 35 of 143
ASSIGNEE:
1420 PERRON ROAD EAST OWNER, LLC
By:
Its:
City Council | Wednesday, August 2, 2023 | Page 36 of 143
CONSENT AND ACKNOWLEDGMENT OF
THE CITY OF MENDOTA HEIGHTS, MINNESOTA
The City of Mendota Heights, Minnesota, by its undersigned designated representatives,
hereby expressly consents to the assignment of the Development Agreement and the TIF Note
by Pilot Knob BC LLC, pursuant to the terms and conditions of the foregoing Assignment and
Assumption of Rights and Obligations Agreement. The City further joins this Agreement to
confirm the facts set forth herein.
CITY OF MENDOTA HEIGHTS,
MINNESOTA
By: _______________________________________
Mayor
By: ______________________________________
City Administrator
City Council | Wednesday, August 2, 2023 | Page 37 of 143
City Council | Wednesday, August 2, 2023 | Page 38 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Coordinator
SUBJECT: Approve Reimbursement for the Interstate Valley Creek Stabilization and Volume
Reduction Study
INTRODUCTION
The Lower Mississippi Watershed Management Organization (LMRWMO) is seeking
reimbursement for the local match on the Interstate Valley Creek Stabilization and Volume
Reduction.
BACKGROUND
The LMRWMO presented the Interstate Valley Creek Stabilization and Volume Reduction study
results to the Council at their meeting on March 21, 2023.
The project is now moving towards an implementation phase with a grant request being
submitted to State Agencies (Board of Soil and Water Resources, DNR, etc.) for implementation
funding. The projects will be jointly applied for from the LMRWMO, Dakota County Soil and
Water Conservation District (SWCD) and the City of Mendota Heights.
BUDGET IMPACT
The City of Mendota Heights is asked to approve the required local match of $25,000 towards
the study as required in the JPA. This match is proposed to be funded from the Storm Water
Utility Fund which has adequate funds for the project.
RECOMMENDATION
Staff is recommending approval of the reimbursement for the Interstate Valley Creek Study.
ACTION REQUIRED
If the city council concurs, it should, by motion approve the reimbursement to the Lower
Mississippi River Watershed Management Organization in the amount of $25,000. This action
requires a simple majority vote.
5hCity Council | Wednesday, August 2, 2023 | Page 39 of 143
MEMORANDUM
To: Ryan Ruzek
From: Joe Barten, LMRWMO Administrator
Subject: Lower Mississippi River WMO Reimbursement Request
Date: July 25, 2023
The LMRWMO is requesting reimbursement for expenditures from the Interstate Valley Creek (IVC)
Stabilization and Volume Reduction Study. The City of Mendota Heights executed a Joint Powers
agreement with the LMRWMO on June 7th, 2022 to provide matching funds towards the study. That
study is finalized, posted on the LMRWMO website, and the project is completed.
Please prepare a check in the amount of $25,000.00 to the LMRWMO for the matching funds portion
of the Interstate Valley Creek (IVC) Stabilization and Volume Reduction Study.
Thank you and please contact me with any questions.
Joe Barten
Administrator via Dakota County SWCD
Lower Mississippi River Watershed Management Organization
Enclosed: Mendota Heights and LMRWMO IVC Study Joint Powers Agreement
City Council | Wednesday, August 2, 2023 | Page 40 of 143
7thJuneDocuSign Envelope ID: 82B4A8A2-BB15-4A53-9746-7629429F73AACity Council | Wednesday, August 2, 2023 | Page 41 of 143
June 7DocuSign Envelope ID: 82B4A8A2-BB15-4A53-9746-7629429F73AAJune 15City Council | Wednesday, August 2, 2023 | Page 42 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor, City Council and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Coordinator
SUBJECT: Award Professional Services Contract for the Completion of the Oȟéyawahe/Pilot
Knob Preservation Site Interpretive Plan, Phase II
INTRODUCTION
The Council is asked to accept the proposal, as well as authorize the execution of a Professional
Services Agreement with Full Circle Indigenous Planning + Design for development of Phase II
of the Interpretive Plan for the Oȟéyawahe/Pilot Knob Preservation site.
BACKGROUND
At the regular meeting of the City Council on June 6, 2023, the City Council authorized city staff,
the Oȟéyawahe/Pilot Knob Task Force and Dakota County to apply to the Minnesota Historical
Society (MHS) for a Heritage Partnership Program grant for the development of Phase II of the
interpretation plan for the Oȟéyawahe/Pilot Knob Preservation site.
The project entails the development of an Interpretive Concept Design Plan, focusing on
engagement with the Indigenous community, and furthering collaboration with the City, County
and Pilot Knob Preservation Association, in order to provide a thorough and comprehensive
interpretation and educational experience for school groups, tour groups and members of the
public.
The City and its partners were awarded a Heritage Partnership Program grant from MHS in the
amount of $50,000, with a cash match of $10,000. Cash match funds will be provided by the City
of Mendota Heights.
A Request for Proposals was sent to known qualified firms, as well as published in the Pioneer
Press. One proposal was received. Full Circle Indigenous Planning + Design was unanimously
recommended by staff and the Task Force based on the selection criteria; including the firm’s
qualifications and experience, familiarity and experience with the site, demonstrated ability to
engage with Indigenous communities, and fee estimate.
Attachments: Professional Services Agreement & Proposal from Full Circle Indigenous
Planning + Design
5iCity Council | Wednesday, August 2, 2023 | Page 43 of 143
BUDGET IMPACT
The total project cost proposed by Full Circle Indigenous Planning + Design is $59,550. The MHS
grant agreement for the project requires a $10,000 cash match that the City would provide. These
matching funds are a budgeted expense and would be funded from the City’s General Fund
balance.
RECOMMENDATION
Staff recommends that the City Council approve the proposal submitted by Full Circle Indigenous
Planning + Design for the Oȟéyawahe/Pilot Knob Interpretive Plan, Phase II, and authorize the
execution of a Professional Services Agreement for the identified scope of services.
ACTION REQUIRED
If the Council concurs, it should, by motion, approve the proposal submitted by Full Circle
Indigenous Planning + Design for the Oȟéyawahe/Pilot Knob Interpretive Plan, Phase II in the
amount of $59,550, and authorize the execution of a Professional Services Agreement for the
identified scope of services. This action requires a simple majority vote.
City Council | Wednesday, August 2, 2023 | Page 44 of 143
PROFESSIONAL SERVICES AGREEMENT
This professional services agreement is between Full Circle Indigenous Planning and Design, LLC
(“Full Circle”), and City of Mendota Heights, a Minnesota municipal corporation (“Client”). Client
wants to engage Full Circle, and Full Circle wants to accept the engagement, to render
professional services (“services”) in connection with Oȟéyawahe/Pilot Knob Preservation Site.
The parties therefore agree as follows:
Section 1. Scope of Services
Full Circle shall provide the services defined in Exhibit A.
Section 2. Compensation and Payment Terms
1)For the above services, Client shall compensate Full Circle on an hourly basis, for an
amount not to exceed $59,550.
2)Client shall compensate Full Circle at the rates in Exhibit A. Full Circle may mark up
subconsultant costs and will bill other direct, non-salary expenses at actual costs.
3)Full Circle will submit monthly invoices. Client shall pay invoices within 30 days of receipt of
invoice.
4)Full Circle may institute an up to five percent annual increase in labor rates.
5)Full Circle may charge interest at 1.5 percent per month, or the maximum rate under the
usury laws of the state in which services are performed, whichever is lower, on invoices
unpaid 45 days after the invoice date. Charges will be computed from the date of the
invoice.
6)If Client disputes any portion of an invoice submitted by Full Circle, Client shall issue a
detailed explanation for such dispute within the 30-day period. If no detailed explanation of
the dispute is issued by Client within the 30-day period, the invoice shall be deemed
accepted. Client and Full Circle shall work in good faith to resolve any dispute within 60
days of the invoice date.
7)The scope of services defined in Exhibit A does not include sale/use tax, if applicable.
Should any sale/use tax or other governmental taxes be imposed on any part under this
agreement, the amount of such taxes will be invoiced to Client and will be outside of the
City Council | Wednesday, August 2, 2023 | Page 45 of 143
Agreement total. Client will pay such amount unless Client provides Full Circle with a valid
tax exemption certificate authorized by the appropriate taxing authority.
Section 3. Standard of Care
Full Circle shall use reasonable efforts in providing services in a manner consistent with the degree
of care and skill ordinarily exercised by members of the same profession currently practicing under
similar circumstances. Full Circle makes no warranties or guarantees, either express or implied,
with respect to the providing of its services.
Section 4. Client Responsibilities
Client shall be responsible for the following:
1)Obtaining permission from public and private property owners for Full Circle to accomplish
its onsite work.
2)Carefully reviewing all documents Full Circle submits in providing services and immediately
report any deficiencies or inaccuracies.
Section 5. Termination and Disputes
1)Either party may terminate this agreement by providing written notice to the other party. Full
Circle will be paid for all services performed to the notice date, including non-cancellable
and non-refundable obligations, payments to others, and reasonable costs of termination.
2)In the event of a dispute, parties shall attempt to negotiate in good faith the resolution of the
dispute.
Section 6. Controlling Law
The laws of the State of Minnesota govern all matters arising out of this agreement. Parties may
bring a legal proceeding arising out of this agreement in the state or federal courts in Hennepin
County, Minnesota. Each party submits to the exclusive jurisdiction of those courts for purposes of
any such proceeding.
Section 7. Liability
1)Full Circle shall indemnify Client for losses caused by Full Circle’s negligence, gross
negligence, or intentional misconduct in the performance of its services.
City Council | Wednesday, August 2, 2023 | Page 46 of 143
2)Full Circle shall be liable to Client for all losses and expenses, including attorneys fees
incurred in any steps needed to be taken as a result of Full Circle violating this agreement,
or against Full Circle to enforce this agreement.
3)Parties shall not be liable for incidental or consequential damages.
Section 8. Ownership and Use of Information
1)Full Circle shall not use Client’s name and the products of its services in marketing efforts
unless it receives written consent from the Client.
2)Government Data Practices. Full Circle understands that the Confidential Information
provided to Customer may be governed by the Minnesota Government Data Practices Act
(Minn. Stat. §§ 13.01 et. seq.) (the “MGDPA”). Consequently, the data collected, received,
created, stored, maintained, or disseminated to Client may be subject to the requirements
of the MGDPA. Full Circle understands that the Client has an obligation to evaluate
whether the data it receives qualifies as trade secret data or business data under the
MGDPA. If it does qualify as trade secret data or business data, the information would
generally be classified under the MGDPA as either private data or nonpublic data. The
parties acknowledge that the classification of Confidential Information is governed by the
MGDPA and not this Agreement. Client may be obligated to maintain and release the
Confidential Information in a manner required by the MGDPA or as otherwise required by
state law and cannot be held liable for disclosures made as required by the MGDPA,
pursuant to judicial order, or Minnesota state law.
3)Documents prepared by Full Circle under this agreement are the property of both the Client
and Full Circle and may be used by either in their reasonable discretion and consistent with
their intended use, including by retaining, reproducing, and disseminating copies. When
services are complete, Full Circle shall provide to the Client all documents produced under
this agreement. Full Circle shall maintain required records for three years after final
payment.
4)Full Circle uses proprietary database systems that will not be provided to Client. Relevant
data can be provided upon request.
Section 9. Additional Services
For additional services not included in Exhibit A, Full Circle will be compensated as mutually
agreed upon by the parties, in addition to the maximum fee agreed to under this agreement. Full
Circle shall not be responsible for completing additional services until an amendment is executed
defining scope, cost, and schedule. Additional services may include the following:
City Council | Wednesday, August 2, 2023 | Page 47 of 143
1)Substantial revisions not included in Exhibit A, required by the Client.
2)Extra work due to denial or delay in property access.
3)Extra work due to action or inaction by Client, government agency, or third parties.
4)Extra work that cannot be reasonably anticipated prior to completion of preliminary cultural
resources survey and identification, due to results including identification of human
remains, identification of significantly greater number of properties/sites/artifacts than
anticipated, etc.
Section 10. Non-Discrimination
In connection with the services, Full Circle shall not discriminate against any employee or applicant
for employment because of race, sex, sexual preference, color, religion, age, or national origin. Full
Circle shall take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, sex, sexual preference, color, religion,
age, or national origin. Minnesota Statute 181.59 shall be considered part of this agreement. This
provision shall be included in any subcontractor agreements related to the services.
Section 11. Non-Solicitation
For the term of this agreement, and 12 months follow the termination of the agreement or
completion of any individual project, Client shall not solicit any prospective, current, or former
clients, or Full Circle employees, for the purpose of offering services or employment similar to Full
Circle’s.
Section 12. General Provisions
1)Entire Agreement – This agreement constitutes the entire agreement of the parties
regarding the subject matter of this agreement.
2)Independent Contractor – The parties intend that Full Circle will be an independent
contractor.
3) Amendment – This agreement may be amended only in writing signed by both parties.
4) Counterparts – This agreement may be executed in counterparts, each of which shall be
deemed an original, and all of which together will constitute one and the same agreement.
City Council | Wednesday, August 2, 2023 | Page 48 of 143
5) Waiver – The failure of either party to exercise or enforce any terms of this agreement, or
the waiver by either party of any breach, shall not be construed as waiving any terms in the
future.
6)Force Majeure – Parties shall not be liable for failure to perform obligations if caused by
circumstances beyond their reasonable control, other than a payment obligation, on
condition that the nonperforming party uses reasonable efforts to limit damages and
resume performance.
7)Effectiveness and Date – This agreement is effective when all parties have signed it. The
date of this agreement is the latest date below a party’s signature. If a party signs this
agreement but fails to date their signature, the date the other party receives the signing
party’s signature will be deemed to be the date the signing party signed the agreement.
Each party is signing this agreement on the date stated below that party’s signature.
Full Circle Indigenous Planning and
Design, LLC
City of Mendota Heights, MN
By: By:
Nam: Sam Olbekson Name: Stephanie B. Levine
Title: CEO Title: Mayor
Date: July 26, 2023 Date:
Attest: _________________________________
Christine Lusian, City Clerk
EXHIBITS FOLLOW
City Council | Wednesday, August 2, 2023 | Page 49 of 143
City of Mendota Heights
July 14, 2023
Proposal for
Oheyawahe/Pilot Knob
Preservation Site Interpretive Plan:
Interpretive Concept Design Plan
Full Circle
Indigenous Planning + Design
EXHIBIT 'A
City Council | Wednesday, August 2, 2023 | Page 50 of 143
CONTENTS
4 Understanding and Approach
9 Project Schedule
10 Fee Estimate
11 Project Team & Collective Expereince
Prepared by
Full Circle Indigenous Planning and Design, LLC
201 Main Street SE, Suite 325
Minneapolis, MN 55414
Contact
Sam Olbekson, AIA, NCARB, AICAE, NOMA
612.819.8968
sam.olbekson@fullcircleplanning.com
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July 14, 203
Krista Spreiter
Natural Resources Coordinator
City of Mendota Height
Dear Ms. Spreiter,
We are delighted to submit our proposal for the development of an Interpretive Concept Design Plan for the
Oheyawahe/Pilot Knob Preservation Site. Successful completion of this work will engage Indigenous voices
in connecting people to the rich cultural and natural resources of this sacred place. This work is especially
dear to us for many reasons. Foremost, we believe that it is essential for everyone to better understand that
Indigenous people are still here, on this landscape that has been their home for millennia. Our team has
worked extensively at places that are culturally significant to Dakota people in the Twin Cities.
With decades of experience and award-winning projects, our team offers you valuable insights informed by:
Collaboration with Indigenous Communities: We are experienced in working with and for Tribes and
other Indigenous communities, in Minnesota and nationally. Our projects include collaboration with the four
Minnesota Dakota Tribes around site development, cultural resource preservation, and heritage interpretation.
Whether working with tribal leaders, historic preservation officers, artists, Elders, or other knowledge
keepers, we have developed lasting relationships built on trust and respect. We interpret with, rather than for,
communities—we are conduits for them to convey their own stories.
Indigenous-led Team and Process: Sam Olbekson of Full Circle Indigenous Planning + Design leads the
consultant team. He will lead engagement and concept development, and guide recommendations for
interpretive design. Regine Kennedy of 106 Group is an experienced planner who will bring her multidisciplinary
background to all aspects of the work. Kate Lamers of TLALLI Collaborative brings to the effort her experience
leading innovative projects around long-term community relationships and planning important regional civic
spaces and public landscapes. Sam is currently collaborating with Regine and Kate on numerous similar national
and regional efforts including the development of the site and exhibits at Waḳáŋ Ṭípi Center and multiple
projects in and around Bdote that meaningfully elevate and center the Indigenous voice.
Knowledge of This Place and Its People: Our working knowledge at Bdote and around the confluence of the
Minnesota and Mississippi rivers spans over 25 years. 106 Group completed a cultural resource evaluation for
eligibility of Oȟéyawahe for listing as a traditional cultural property. Sam and Regine collaborated with the City
of Mendota Heights and its Advisory Group to create the Interpretive Plan on which this work will based. We
have also enjoyed long-term collaborations in Dakota County for trail, park, greenway, and corridor planning
and interpretation.
We would be honored to continue our collaboration with you and the Indigenous community on this important
and meaningful effort to restore cultural and physical connections to this sacred place. If you have any
questions, please contact me at any time.
Chi Miigwech,
Full Circle Indigenous Planning + Design, LLC
100% Native American-owned, community-focused architecture, planning and design
www.fullcircleplanning.com
Sam Olbekson, AIA, NCARB, NOMA, AICAE
Founder and CEO
Full Circle Indigenous Planning and Design, LLC.
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UNDERSTANDING AND APPROACH
Project Understanding
Supported by a Heritage Partnership Grant from the Minnesota Historical Society,
the City of Mendota Heights, Dakota County, and the Pilot Knob Preservation
Association (the Partners) seek the development of an Interpretive Concept
Design Plan for Oheyawahe/Pilot Knob that is guided by Dakota voices, grounded
in Indigenous perspectives, and responsive to its appointed Task Force. This
project requires a strategic and deeply collaborative planning process, built on a
foundation of meaningful, sustained engagement with the Dakota community.
Understanding this project begins with recognizing that Oheyawahe is a sacred
site. For millennia, Dakota and other Indigenous peoples have used this place
to gather, strengthen kinship bonds, share cultural teachings, participate in
ceremonies, bury their dead, and care for their ancestors. For Dakota people,
this site is part of Bdote, the place where they came into being. Oheyawahe is
one of many interconnected sites along the Minnesota and Mississippi rivers in
the Dakota Homelands. With years of experience working throughout the Bdote
landscape, including collaborating with you on the Interpretive Plan, our team
understands the significance of this place and look forward to continuing our
work together.
This project builds on our past work together, continuing the collaboration with
Dakota people to engage visitors with authentic and meaningful experiences
that focus on a Dakota perspective. Over centuries of European colonization and
American settlement, Oheyawahe/Pilot Knob has accumulated additional layers of
history. In recent years, as its protectors worked to preserve the site and restore
its native plant community, local residents have come here to connect with the
natural world. As visitation increases, so does the need to help people understand
the site’s complex history and ecological value as well as its meaning for Dakota
people and other Indigenous communities. We have the experience to ensure that
your stories are told in respectful, appropriate, and creative ways.
A successful planning process for Oheyawahe/Pilot
Knob requires holistic awareness of, and strategic
connection with, other related initiatives in the
Minnesota and Mississippi river corridors.
The planning context for this project is multi-layered and complex. It requires
close collaboration between the Partners, Task Force, Minnesota Dakota
communities, and potentially other stakeholders and community members.
Oheyawahe/Pilot Knob exists within a larger network of city, county, and regional
parks, historic sites, and nature preserves in the Twin Cities area. Many of these
sites are planning and implementing new interpretive programs that either
incorporate or center Dakota stories and perspectives. Our team is central to most
of those efforts and has the relationships and experience to coordinate, manage,
and situate this project to for success.
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Photo of Oȟéyawahe, courtesy Laurie Shaull.
Project Approach
Our approach to this project is built on knowledge
gained from working with and for Indigenous
Nations across the country. In particular, it draws
from our long experience of working with Minnesota
Dakota communities to document, preserve, and
interpret their stories in their voices. We also apply
insights gained from our work with city, county,
and tribal agencies and non-profit organizations on
planning, interpretive, and cultural resource projects
across the Twin Cities and throughout Minnesota,
including previous work at Oheyawahe/Pilot Knob,
Waḳáŋ Ṭípi, Owámniyomni, and Bde Maka Ska
among other places. Our team has worked together
on past and current projects that include Waḳáŋ Ṭípi,
Oheyawahe/Pilot Knob, Spring Lake Park Reserve,
Owámniyomni and other site along the Mississippi
and Minnesota Rivers.
A Dakota/Indigenous Place
Both our collaborative planning process and
our interpretive recommendations will center
Indigenous relationships to, and Dakota people’s
singular connection with, this culturally significant
place. The Interpretive Concept Design Plan will
illustrate inclusive and interactive installations that
express Indigenous-centered interpretation. Above
all, whatever is added to the landscape must preserve
Oheyawahe/Pilot Knob as a natural and sacred site.
Our team can represent complex histories through
focused messaging and thoughtful design that honor
Indigenous relationships to place. We also know how
to develop interpretive strategies for culturally and
environmentally sensitive sites. We did this recently
for interpretive exhibits at Waḳáŋ Ṭípi, a messaging
plan and Bison signage at Spring Lake Park Reserve,
and in a Visitor Experience Plan for the Shakopee
Riverfront Cultural Trail, another place with a long,
layered history and spiritual significance for
Dakota people.
To facilitate Indigenous engagement and center
Dakota perspectives, our team is led by Sam
Olbekson (White Earth Nation of Ojibwe) of Full
Circle Indigenous Planning + Design. His unparalleled
expertise in Indigenous-centered design, landscapes,
and community planning will lead engagement and
concept development, and guide recommendations
for interpretive design.
Commitment to Dakota-Led Process
For planning to be effective and meaningful, we
believe the process is as important as the product.
This is an especially appropriate approach for this
project. We will devote significant time and creative
energy to fostering collaboration among the Partners
and Task Force, and other stakeholders.
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Consultation with the Tribal Historic Preservation
Officers (THPOs) for the four Minnesota Dakota
tribes will be an essential part of this process. We
also commit to broader engagement with other
Indigenous organizations and community members
who care about this site.
Throughout the process, we will follow the
guidance and amplify the voices of Dakota and
other Indigenous partners. Our role is to facilitate,
coordinate, synthesize, and manifest their vision,
rather than impose our own. In this work, we will
draw from our current experience facilitating the
development of the building, site, and exhibits for the
Waḳáŋ Ṭípi Center, in a process led by Waḳáŋ Ṭípi
Awanyankapi and guided by a Steering Committee of
Dakota THPOs and other community leaders.
Planning in Context
This project requires understanding the multi-
layered context at the site as well as along the
Minnesota and Mississippi River corridors. We will
build on previous work at the site, including the 2022
Interpretive Plan and research conducted for the
NRHP nomination. We also will draw from cultural
resource and interpretive work at other Dakota
historical sites, including Waḳáŋ Ṭípi, Bde Maka Ska,
Owámniyomni, Flying Cloud Drive, Water Works,
Minnehaha Parkway, the Great River Passage, and
the Shakopee riverfront, among others.
We understand the cultural relationships, both
historical and contemporary, among these places.
We also bring to this project our holistic awareness
of the many planning, cultural, and interpretive
projects currently active or in development across
this landscape. Planning at Oheyawahe/Pilot Knob
should not proceed in a vacuum; we will keep it
contextualized and connected.
Our team’s research and project management skills
will also ensure success. We will draw from our
experience managing similarly complex planning
processes. Our recent work together showcases
how to layer messaging and meaning with ongoing
intricacies of planning and design work.
Interpretive Experience Design
Good interpretive planning centers the visitor
experience. At Oheyawahe/Pilot Knob, visitors
will include Dakota and other Indigenous people
who come here to participate in ceremony, honor
their ancestors, connect with the land, and care for
their plant and animal relatives. There will also be
neighborhood and Twin Cities residents who come
to spend time in nature and find a new perspective
on the city. Increasingly, there are school groups
and organized tours that come to discover the site’s
history. Our goal is that all visitors experience this as
a Dakota place and understand it through Indigenous
perspectives.
We are committed to making the site experience
accessible for all visitors. This includes all kinds of
accessibility: physical, intellectual, and emotional.
Our team will apply universal design standards to
create better experiences for everyone. Our team
includes an National Association for Interpretation-
certified interpreter who is well-versed in
maximizing accessibility in concept, writing,
design, and site development.
While facilitating a meaningful visitor experience,
we must also be good stewards. At comparable
site, developed through Dakota-led processes, the
interpretation rests lightly on the land, a mix of sensory
experiences are provided, and, most importantly, the
land speaks for herself. Balancing these elements takes
design experience and excellence. Our team knows
how to plan interpretive designs that are creative,
buildable, environmentally sensitive, and responsive
to you and your stakeholders.
Audio description makes exhibit content accessible for blind and low-
vision visitors.
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Workplan
Collaborative Plan Development
Throughout the project, we will work with the
Oheyawahe Indigenous Advisory Council to guide
Plan development, meeting at least monthly.
Our team anticipates deep engagement with the
Council especially in the early stages of the project to
inform our understanding of the site narratives and
guide development of the interpretive media and
nodes. Specific meetings and deliverables include:
• (3) Meetings with the Advisory Council and client
team to develop the foundation elements of the
interpretive plan
• Interpretive palette, guidelines, narratives,
research material needs
While writing and revising the Plan, we will
communicate and consult with the Advisory Council
to keep them updated and invite additional input.
Interpretive Concept Design Plan
Research
Our research will include review of existing planning
documents, research materials, and parallel planning
efforts as well as identification of key audiences, in
cooperation with the Partners. We also will draw
from the Advisory Council’s Dakota culture and
history expertise as well as our team's internal
research materials and institutional knowledge from
working on related projects.
We envision an initial site visit that includes the
core project team, including representatives from
the Partner organizations and Advisory Council.
This visit will add to our understanding of the site’s
history, cultural significance, physical characteristics,
and local context. We also will assess possible
interpretive locations and identify potential
opportunities and challenges.
Plan Development
Guided by the Advisory Council, our team will
develop sub-themes and identify specific stories for
interpretation. Together, we will identify locaitons
where the theme(s) will be presented, distributing
the stories appropriately among each of the six
interpretive notes.
We will build our interpretive concept design plans
on solid foundations and a carefully constructed
interpretive framework. We will assess the
interpretive foundations from previous work and
revise them if needed.
Specific meetings and deliverables include:
• (3) Meetings with the Advisory Council and client
team to draft concepts for each of the nodes
• Initial draft concepts (2 draft ideas for each node)
and a refinement of a preferred design for
each node
Draft Plan
With ideas and stories in place, we will link
interpretive media that best suits the story and site,
with consideration of various audience needs. The
interpretation will be presented through narrative
and concept images such as sketches, precedent
images, etc. To best engage a range of visitors,
the stories will be told through various media,
installations, or experiences.
Our team will develop these components to complete
the Draft Plan:
• Project background and planning process
• Interpretive foundations & principles
(themes, narratives)
• Design guidelines (palette, fonts, languages, voice)
• Draft concepts (unifying motif, focal point, exhibit
design description, scaled drawings)
• Draft implementation schedule
Crafting the document will be an interactive process
with several touchpoints where we can check our
direction and product with you. Specific meetings
and deliverables include:
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• (3) Meetings with the Advisory Council and client
team to review and refine increasingly detailed
iterations of the Plan document
• Initial Plan outline and summary narrative, 50%
Draft Plan, 75% Draft Plan for review
Final Plan
After review of the Draft Plan, we will revise
all components according to feedback, and add
estimated cost ranges for implementation at each
interpretive node.
Additional Meetings & Communications
Kickoff meeting
We will host a one-hour conference call or virtual
meeting to introduce the project team, establish
communication protocols, review the project
schedule, identify research documentation, and
discuss the Plan development approach.
Biweekly check-ins
Our project manager will participate in up to 15
biweekly check-ins. These might be completed via
phone or video calls of 15-30 minutes or via email.
Review meetings
At least one member of our team will participate in
three one-hour review meetings, either in-person or
virtual, with the City and Partners. These meetings
will take place after submittal of key deliverables:
• Draft Plan
• Final Plan
One member of our team can also participate in up
to four hours in additional meetings, if needed.
City Council Presentation
Our work will include a presentation of the Plan to
the City Council and members of the public.
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PROJECT SCHEDULE
AUG SEPT OCT NOV DEC JAN
COLLABORATIVE
PLAN DEVELOPMENT
Guidelines, Narratives, Framework
INTERPRETIVE CONCEPT
DESIGN
Research and plan development
PRE-PROJECT
PREPARATION
KICKOFF MEETING
CORE TEAM MEETINGS
• Meeting #1 (onsite w/ virtual option): Members of Advisory Council share knowledge, vision, and concerns related to interpreation onsite.
• Meeting #2 (onsite w/ virtual option): Our team facilitates a workshop with the Advisory Council to develop foundations and interpretive framework
• Meeting #3 (onsite w/virtual option): Through an exploratory tour we review narrative, media, and landscape of each site experience by location. Together we generate guidelines and ideas regarding palette, inspiration, voice, and more.
• Meeting #4 (onsite, weather permitting): Review preliminary concepts including general components, sensory elements, and landscape. We demonstrate how concepts respond to established goals and guidelines.
• Meeting #5: Based on the feedback from you and other stakeholoders, we provide initial concepts for review and establish preferred designs.
• Meeting #6: We continue to refine concepts and evolve designs with you.
• Co-develop process and project schedule
ACTIVITIES AND DELIVERABLESNOTICE TO PROCEEDONSITE MEETINGS
BIWEEKLY CHECK
IN MEETINGS (NOT
SHOWN)
Final project duration and meeting schedule and time line to be co-developed by
client and design team
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FEB MARCH
FINAL REVISIONS
Final Conceptual Planning Report
DOCUMENT DEVELOPMENT
SYNTHESIS AND DRAFT PLANS
• After a review of the Draft Plan we revise all components according to feedback and add estimated cost ranges for implementation at each interpretive node.
• Meeting #7: We show a plan outline and summary narrative of messaging, stories, and general presentation.
• Meeting #8: We provide a draft document for your review.
• Meeting #9: We revise the document based on your input and provide a refined version.
• Public Hearing and City Council Meeting: We present the 75% Draft Plan with you for public and stakeholder input.
ACTIVITIES AND DELIVERABLES
APRIL MAY
PUBLIC HEARING AND COUNCIL MEETING
DRAFT PLAN
REVIEW
FINAL PLAN
REVIEW
FINAL PRESENTATION DOCUMENT
FEE ESTIMATE
Firm/Name Full Circle/Sam Tlalli/Kate Tlalli/Devon 106/Regine 106/Alyssa Total Hours Fee by Task
Rate $ 205 $ 195 $ 130 $ 188 $ 125
Research & Project Inventory
Kick‐off 2 7 2 4 15 $ 2,651.00
Task Force Meetings (3)24 8 2 24 0 58 $ 11,252.00
Research & Inventory 4 2 6 $ 1,040.00
Subtotal 26 19 4 26 4 79 14,943.00$
Plan Development
Task Force Meetings (3)24 6 6 24 6 66 $ 12,132.00
Concepts 6 34 40 $ 5,590.00
0 $ ‐
Subtotal 24 12 40 24 6 106 17,722.00$
Document Development
Task Force Meetings (3)24 6 6 24 6 66 $ 12,132.00
Interpretive Concept Design Plan 6 34 18 58 $ 7,840.00
Public Hearing & Presentation to
City Council and public.11 5 3 11 5 35 $ 6,313.00
Subtotal 35 17 43 35 29 159 26,285.00$
Expenses
Mileage, meeting materials, etc. $ 200 $ 100 $ 100 $ 200 $ ‐ 600.00$
‐$
Total Hours by Personnel 85 48 87 85 39
Total Fee $ 59,550.00
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PROJECT TEAM &
COLLECTIVE EXPERIENCE
The team we’ve brought together for your project blends backgrounds in
Indigenous knowledge, interpretive planning, and award-winning design
expertise with a shared purpose for illuminating the stories of this place and its
people. They also benefit from being a proven collaborative team, having worked
together on other interpretive planning and exhibit design projects.
As project manager, Sam Olbekson is your primary point-of-contact. With strong
project management skills, he will keep the project on schedule and within
budget. He encourages the best in team members while planning towards
meaningful results with audiences. Within our team we have Regine Kennedy as
Interpretive Planner, and Kate Lamers as the landscape architect. We’ve provided
a deep bench of talent to meet the unique needs of this project. Together, our
team will listen intently to reflect the culture and history that connects your
communities and stakeholders. Beyond our key personnel, we are able to draw
from a wide pool of additional in-house talent, including expert designers,
historians, and planners. They increase the diversity of our experience and
perspectives, and contribute to a system of institutional support that ensures
quality results within proposed schedules.
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Full Circle Indigenous Planning, 106 Group, and TLALLI have collectively worked on numerous interpretive
planning and design projects throughout the region.
Knowledge of Oĥéyawahe/
Pilot Knob
We’ve worked extensively at and around this
site since 1994 when we provided historical
documentation in support of the conversion of
a segment of the former Soo Line Railroad to a
bicycle trail. Since then, we’ve conducted extensive
archaeological, historical, and cultural studies
on this land. Our work has included interviews
with Dakota leaders and elders, an archaeological
survey, an evaluation of the area as a traditional
cultural property, and an assessment of effects
of proposed developments on many surrounding
National Register properties. We recommended
that Oȟéyawahe/Pilot Knob together with other
traditional sites in the area of the confluence of the
Minnesota and Mississippi Rivers be considered
contributing properties to a larger Traditional
Cultural District.
Tribal Relationships & Trust
Over the last two decades, we’ve partnered with
American Indian Tribes in both formal and informal
settings. We have worked closely with the Cherokee
Nation and the Akwesasne Saint Regis Mohawk Tribe
on a range of interpretive planning projects. Locally,
we have worked with both the Shakopee
Mdewakanton Sioux Community and the Lower
Sioux Indian Community to create maps that
accurately depict their Tribes’ sacred relationships
to the land. Our work with Tribal representatives on
the Flying Cloud Drive (CSAH 61) Reconstruction site,
resulted in the completion of interpretive waysides
that are translated into Dakota and include audio
descriptions in English and Dakota. We have worked
closely with Cherokee and Lakota Tribes to create
bilingual interpretive text for wayside exhibits along
the Blue Ridge Parkway and at Devils Tower National
Monument, respectively.
Together, we’ve worked to reveal the unique nuances
of a Tribe’s history and culture, in addition to how,
when, and if they would like these stories to be told.
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Sam Olbekson is a citizen of the White Earth Nation
of Ojibwe. Backed by years of experience in Native
American design, he serves as our team’s guide in
leading community consensus-building exercises and
conversations on and evaluations of culturally based
issues which are pertinent to the outcome of any
tribal project.
(Re) Connecting Indigenous communities to culture and land through innovative, impactful, and beautiful design.
Founded in 2010, Full Circle utilizes a customized
team-based approach to project problem-solving
through a collaborative and multi-disciplinary
design process. We work with Tribal Communities
throughout Indian Country to develop culturally
respectful, functional master plans and buildings of
many types.
We help plan and design important educational,
cultural and economic development projects from
a Native perspective that honors cultural tradition
while designing for the needs of contemporary tribal
identity and future prosperity.
Full Circle Indigenous is committed to providing
exceptional community planning and design
services based in real-world budget, schedule
and common sense.
We are committed to help our clients advance
the economic growth, health and well-being of
Native communities through sound planning and
practical design strategies that are innovative,
environmentally regenerative, functional, and
culturally specific.
Full Circle
Indigenous Planning + Design
[ 100% Native American Owned ]
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Full Circle is the only design and community engagement firm of its kind in Indian Country.
We facilitate an authentic and engaging community listening process for Tribal Communities. Our practice
focuses on giving a meaningful voice and rewarding experience to Native organizations as they develop
important community-building projects. Together, we listen and help determine the right team of community
stakeholders, cultural leaders, consultants and design professionals to develop the community gatherings
and project meetings that lead to your vision of project success. By listening deeply and carefully addressing
the unique community goals of each project, we will provide a thoughtfully planned, fiscally responsible,
beautifully designed and culturally appropriate vision for your Project.
[ CULTURALLY SPECIFIC ]
[ IMPACTFUL ]
[ FUN ]
[ AUTHENTIC ]
[ UNIQUE TO EACH COMMUNITY ]
Native-Led Community Engagement + Visioning
F U T U R E G E N E R ATIONS
N A T IV E C O M M UNITY
A N C E S T O RS
INDIGENOUS
VALUES
AND SHARED
COMMUNITY
GOALS
TRIBAL COUNCILREPRESENTATIVES
DIASPORA
CLIENTADVISORYGROUP COMMUNITY
STAKEHOLDERS
LOCAL ARCHITECTURE /
DESIGN TEAM
KEYLEADERWORKINGGROUP
CITY AND TRIBAL DECISION-MAKERS
INDIGENOUS
CORE
PROJECTTEAM
COMMUNITY
STAKEHOLDER
LEADERSHIP
INDIGENOUSDESIGNPROFESSIONALS
COMMUNITYLEADERS
YOUTH
ELDERS
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Cultural Heritage Planning
• Master Planning
• Strategic Planning
• Preservation Planning
• Tourism Planning
• Community Engagement
Cultural Resource Management
• Archaeology
• NHPA & NEPA Compliance
• Tribal Consultation
• Architectural History
• Risk Assessment
Interpretation & Exhibit Design
• Interpretive Planning
• Exhibits
• Waysides & Wayfinding
• Digital Experience Design
• Universal Design & Accessibility
ABOUT THE 106 GROUP
For over 30 years, 106 Group has guided the planning, management, and interpretation
of natural, historical, and cultural resources. Built on the belief that communities are
strongest when they evolve with a rooted sense of their own authentic heritage, we’ve
developed innovative solutions to document resources and uncover powerful stories.
Our core staff of 32 employees includes National Association of Interpretation Certified
Interpretive Planners; three of whom meet the Secretary of the Interior’s Professional
Qualifications Standards for History. We also have in-house planners, researchers,
archaeologists, historians, writers, and designers, as well as trusted partners who
enhance our interpretation and design work. We seamlessly collaborate across
fields—from historical and cultural resources research to community and stakeholder
engagement to interpretation and design—all under the same roof.
106 Group is a Small Disadvantaged Business (SDB) and a certified Disadvantaged
Business Enterprise/Woman-owned Business Enterprise (DBE/WBE).
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City Council | Wednesday, August 2, 2023 | Page 64 of 143
ABOUT TLALLI COLLABORATIVE
TLALLI Collaborative, LLC is a start-up landscape architecture, urban design and community planning practice
in Minneapolis, Minnesota. TLALLI’s mission is to reimagine relationships between people and place through
design. The firm is a certified minority and woman-owned business (DBE and TGB) enterprise with a rapidly
expanding portfolio of exciting work. TLALLI believes meaningful design is deeply rooted in relationship to
one another, community, and the land. Collaboration, innovation, the earning of trust, systemic thinking, and
the understanding of how visionary ideas get built are central to TLALLI Collaborative’s mission.
Our practice leaders merge their seventy-five years of combined experience under TLÂL-LI’s landscape
architecture and urban design & planning banner. We offer comprehensive design and strategy services from
planning through implementation for a variety of projects including civic, learning, and cultural environments,
community and neighborhood planning, public realm and corridor planning, open space and trails.
Services
• Community / Stakeholder Engagement and
Outreach
• Visioning and Pre-Design
• Implementation Strategy
• Context Design Research
• Master Planning, Design and Implementation of:
• Parks, Trails, and Open Space
• Civic and Cultural Environments
• Waterfronts
• Campus and Learning Environments
• Streetscapes
• Public Realm and Corridor Planning
• Design Guidelines
• Urban Character and Typologies
• Regenerative Design Strategies
• Welll-Being Environments
• Community and Neighborhood Planning
• Corporate and Mixed-Use Environments
• Health District Planning
• Research and INnovation Districts
• Comprehensive Facility Planning
• Adaptive Re-use Strategies
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City Council | Wednesday, August 2, 2023 | Page 65 of 143
Sam Olbekson
Project Manager
Select Project Experience
Oheyawahi / Pilot Knob Interpretive Site Planning, Mendota Heights, MN
Waḳáŋ Ṭípi Cultural Center at the Bruce Vento Nature Sanctuary, MN
Lower Phalen Creek Daylighiting Project, St. Paul, MN
Spring Lake Park Interpretive Messaging Plan
Friends of the Falls, Owamniyomni, Minneapolis, MN
River Learning Center, St. Paul, MN
River Balcony, St. Paul, MN
Anpetu Was’te Cultural Arts Landscape Design and Marketplace, MN
Minneapolis American Indian Center Expansion and Renovation, MN
Bde Maka Ska Pavilion, Minneapolis, MN
Red Lake Nation Longhouse & Cultural Center, Red Lake, MN
Ione Band of Miwok Community Master Plan, Plymouth, CA
Puyallup Tribe Master Plan, Tacoma, WA
Shakopee Mdewakanton Sioux Community Housing Plan, Prior Lake, MN
As an Indigenous architect with over 25 years of design, comprehensive planning,
and cultural visioning experience, Sam serves Tribal communities and Indigenous
organizations by bringing a Native perspective to the design and planning process.
With a sincere commitment to improving the lives of Tribal community members,
Sam brings a wealth of experience and cultural knowledge as a talented designer
on a wide range of mixed-use, urban design, residential, institutional, hospitality,
landscape, educational, and community-oriented projects. He is committed to help
advance the cultural preservation, economic growth, health, and well-being of
Native communities through sound planning and practical design strategies that
are beautiful, innovative, sustainable, functional, and culturally specific.
Education
M.A.U.D. Architecture &
Urban Design
Harvard University
B.A Architecture
Cornell University
Certifications
The American Institute of
Architects (AIA)
American Indian Council of
Architects and Engineers
The National Organization
of Minority Architects
Professional
Affiliations
Registered Architect in
Minnesota (no. 57586)
National Council of
Archtiectural Registration
Board (NCARB)
Enrolled Citizen, White
Earth Nation of Minnesota
Ojibwe
President, Minneapolis
American Indian Center
Board of Directors
Chair, Board of Directors,
Native American
Community Development
Institute
Board of Directors, Great
River Passage Conservancy
Full Circle
Indigenous Planning + Design
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City Council | Wednesday, August 2, 2023 | Page 66 of 143
Regine Kennedy
Interpretive Planner
Project Experience
Waḳáŋ ṬípiCenter, MN (2021–2023)
PROJECT MANAGER & DAKOTA ENGAGEMENT LEAD
Spring Lake Park Bison Herd Waysides, MN (2022-2023)
PROJECT MANAGER, INTERPRETIVE PLANNER, & DAKOTA ENGAGEMENT LEAD
Spring Lake Park Interpretive Messaging Plan, MN (2022-2023)
INTERPRETIVE PLANNER & DAKOTA OUTREACH COORDINATOR
Thompson County Park, MN (2020-2021)
PROJECT MANAGER & INTERPRETIVE PLANNER
Regine is an experienced planner and resourceful project manager who has
worked at parks, visitor centers, and heritage sites across the country. Her skilled
project management has resulted in projects being consistently on time and
within budget. Her interpretive planning, facilitation, research and writing, and
exhibit development has resulted in excellent products that are appreciated by
clients and their constituents. She applies strong critical thinking skills and keen
attention to detail with the ability to see the bigger picture. Her multidisciplinary
background enables her to communicate effectively with a broad range of
stakeholders, professionals, and people from other cultures.
Certifications
AICP
Certified Interpretive
Planner (CIP)
Awards
2021 National Association
for Interpretation (NAI)
Media Award for Outdoor
Exhibit: Minnesota
Pollinator Waysides
As a graphic and interactive media designer, Alyssa brings visual clarity to all
of her work. Whether producing eye-catching interpretive wayside exhibits,
sophisticated document design and layout, or meaningful interactive experiences,
she applies her skills as a detailed problem-solver, storyteller, and visual
communicator. Adept at managing multiple projects simultaneously, she is an
engaged team member with a keen understanding of messaging and audience.
Awards & Honors
2021 National Association
for Interpretation (NAI)
Media Award for Outdoor
Exhibit: Minnesota
Pollinator Waysides
Alyssa Rupp
Graphic Designer
Project Experience
Waḳáŋ Ṭípi Center, MN (2021–2023)
GRAPHIC DESIGNER
Spring Lake Park Bison Herd Waysides, MN (2022-2023)
GRAPHIC DESIGNER
Thompson County Park, MN (2020–2021) GRAPHIC DESIGNER
Garman Nature Preserve & Indian Mounds County Park, WI (2019–2021)
GRAPHIC DESIGNER
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City Council | Wednesday, August 2, 2023 | Page 67 of 143
Park and Public Realm Design & Development, Tachi Yokut Tribe, Santa
Rosa Rancheria, CA
PROJECT LANDSCAPE ARCHITECT
Water Works Riverfront Park Design & Development MN
PROJECT MANAGER
Water Works Communications and StoryMap, MN
PROJECT MANAGER
JD Rivers Childrens Garden Expansion, MN
PROJECT MANAGER
Kate Lamers is a Principal and Practice Lead with TLALLI Collaborative. She is
a landscape architect with twenty years of public and private-sector experience.
Most recently with the Minneapolis Park and Recreation Board (MPRB), Kate built
innovative projects around long-term community relationships and deep dialogue
with members of the public. Kate has experience in the planning and design of
parks & trails, urban districts, streetscapes, private developments, aquatic centers,
and transportation corridors. Kate has managed large and complex public realm
design efforts that include multiple agencies, sensitive stakeholder engagements,
and broad professional teams. Kate recently managed the Water Works project and
established the restaurant partnership with leaders in the Indigenous food world.
Certifications
MN Landscape Architect
#44740
LEED Accredited
Professional
Erosion and Stormwater
Management Inspection
Certification
Kate Lamers
Landscape Architect
Devon Clark
Landscape Architect
Certifications
MN Landscape Architect
#60782
Devon practices design with a passion for collaboration and an appreciation for
interdisciplinary perspective. He has constributed his skills to education based
projects, residential sites, community planning, parks and green space, and public
works. Devon’s comprehensive approach allows him to dig deeply into project
challenges and find solutions that layer form, contextual influence, flexibility and
resilient design. He starts every effort by finding shared vision and values and
applies thoughtful innovative design and technical expertise.
Bde Maka Ska Refectory Rebuild*
PROJECT LANDSCAPE ARCHITECT
Frances A Crane Wildlife Management Park - Nature Preserve Classroom*
PROJECT LANDSCAPE ARCHITECT
United Tribes Technical College Master Plan
PROJECT LANDSCAPE ARCHITECT
Westwood Early Childhood Center - Outdoor Learning
PROJECT LANDSCAPE ARCHITECT
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City Council | Wednesday, August 2, 2023 | Page 68 of 143
Dakota County, through their Park System Plan
and Greenway Guidebook, envisioned regional
greenways connecting parks, schools, trails, and
libraries. The greenway vision identifies 200 miles
of regional greenway, which serve to improve water
quality, connect wildlife habitat, provide recreation,
and provide non-motorized transportation.
106 Group has collaborated with Dakota County staff
and consultant teams to develop master plans for
greenways throughout the county. Our historians
and interpretive planners researched historical
documents and developed interpretive frameworks
for each plan, considering the specific resources,
challenges, and potential of each greenway.
Our work has supported Dakota County in
implementing its progressive vision for a connected
network of greenways. Most recently, we’ve
developed interpretive panels along the Greenway
to convey information about vegetation and habitat
restoration and management, site geology, Native
American presence, and park stewardship.
Dakota County Greenways & Trail Corridors
Dakota language interpretation at Schaar’s Bluff Trail
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City Council | Wednesday, August 2, 2023 | Page 69 of 143
Big Rivers Regional Trail
Dakota County wanted interpretation specialists on
the team carrying out Phase I implementation of
the Minnesota River Greenway Cultural Resources
Interpretive Plan at the Big Rivers Regional Trail
overlook in Mendota Heights, MN. The design team of
Miller Dunwiddie and SRF Consulting led the project
with architecture and landscape design services, and
we provided interpretive planning and design.
Our team developed interpretive messaging and
outdoor interpretive signage from concept through
production-ready files for six locations at the Big
Rivers Regional Trail overlook. We participated
in design team meetings and communicated and
collaborated closely with the design team and Dakota
County Parks to develop creative and meaningful
interpretive exhibits. Our team included Dakota
culture and language specialists Gwen Westerman
and Glenn Wasicuna, who provided interpretive
content for two locations, Dakota language
translation, and English and Dakota audio.
Visitors to Big Rivers Regional Trail overlook will find
interpretive content and design incorporated into the
site amenities. Creative design and signage interpret
the site’s natural and cultural resources, and Dakota
people’s connection to this place and other related
places. Interpretation will also encourage visitors to
enjoy the recreational opportunities while being good
stewards of trail resources.
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As the project’s cultural resources consultant, 106
Group studied some remarkable archaeological
sites that shed light on our knowledge of American
Indian settlement in the Minnesota River valley.
Early input was sought from the Tribal Historic
Preservation Officers and Elders of four Dakota
tribes with ancestral connections to the area. Tribal
representatives helped guide and inform the
archaeological data recovery, interpretation, and the
telling of stories about the place, the people who lived
here, and their connection to descendants who live
in the area today. 106 Group collaborated with the
Dakota communities to develop recommendations
from the Interpretive Plan including interpretive
waysides, a website, short film, and an audio exhibit
as part of implementation of the project’s regulatory
requirements. The project has been recognized
with multiple awards, including an Environmental
Excellence Award from the National Association of
Environmental Professionals (NAEP).
Cultural Resources Planning for Shakopee
Mdewakanton Sioux Community
106 Group has worked with the Shakopee
Mdewakanton Sioux Community to support a wide
range of research, interpretation, mapping, and survey
projects associated with the community’s historical
and cultural preservation. We conducted Phase I
archaeological surveys of tribal land, conducted
ground penetrating radar to confirm location of a
burial mound, prepared digital mapping of Inyan
Ceyaka Otonwe (Village at the Rapids), a significant
ancient Dakota village. Most noteworthy was the
collaborative work with the community Elders to map
ancestral sites along the Minnesota River valley. The
map, called “Dakota Presence on the Minnesota River,”
has heightened awareness of the strong presence of
American Indians in this region.
Flying Cloud Drive (CSAH 61) Reconstruction
— Dakota Archaeology & Interpretation
Our long-term partnerships with Dakota communities
and our deep knowledge of their relationship with this
land has led to involvement on numerous community
efforts, including the Flying Cloud Drive Reconstruction.
YOU ARE HERE
www.website.com
Here, for well over 1,000 years, people have fished,
hunted, and harvested food; built houses, made tools,
and prepared meals; raised families and buried those
who passed on. Artifacts demonstrate great age,
recent history, and everything in between.
Wild ricing
Spring
Cultural objects not actual size.Trail to top of bluffs
For more information about
the cultural objects, visit
shakopeedakota.org or mnhs.org.
This pot was made at least 1,000 years
ago. It is one of the oldest of the 5,000
artifacts recovered in preparation for
reconstructing the highway.
De ceġa waniyeṫu kekṫoṗawiŋġe
waŋżi ced heehan kaġaṗi. Ṫaku
taŋniŋ kekṫoṗawiŋġe zapṫaŋ iyeyaṗi
tka de aṫaya ehaŋna kaġaṗi. De
caŋku apiyaṗi ecaŋ iyeyaṗi.
This decorative cone was crafted
from tin that came from European
traders, probably between 1820
and 1860.
De mibeya pesṫo ayuwaṡṫeṗi ceḣska
maza uŋ kaġaṗi. Waṡicu wopetoŋ
hena ahiṗi keciŋṗi okitahedaŋ
kekṫoṗawiŋġe waŋżi sam oṗawiŋġe
ṡaḣdoġaŋ sam wikcemna nuŋṗa k’a
kekṫoṗawiŋġe waŋżi sam oṗawiŋġe
ṡaḣdoġaŋ sam wikcemna ṡakṗe.
Ded omaka kekṫoṗawiŋġe waŋżi sampa hukuwaṗi,
wihniṗi k’a woyuṫe kicaŋyaṗi, ticaġaṗi, wokicaŋye
kaġaṗi k’a waṡpaŋyaṗi, ṡiceca icaḣwicayaṗi k’a uŋġe
iyayaṗi hena wicaḣaṗi. Dena wookaġe nina taŋniŋ,
uŋġe aṡkaṫada kaġaṗi k’a nakuŋ ṫaku owas okitahedaŋ.
CONTINUITY
Cultural Heritage Planning in our Community
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Garman Nature Preserve &
Indian Mounds County Park
Interpretive Exhibits
106 Group recently developed outdoor exhibits that
interpret the natural resources and cultural history
of Garman Nature Preserve and Indian Mounds
County Park in Jefferson County, Wisconsin. In both
parks, the county is preserving burial mounds built
by ancestors of the Ho-Chunk People. Our exhibits
interpret the history of the mound builders, highlight
the sites’ ongoing significance for Ho-Chunk People,
and encourage visitors to be good stewards of these
sacred places. They also engage visitors with the
parks’ unique glacial geology. We developed content
in consultation with the Ho-Chunk THPO and
contracted a Ho-Chunk/Anishinaabe artist to produce
original illustrations for the exhibits.
“The final documents for the Garman Nature
Preserve and Indian Mounds Park look great.”
Bill Quackenbush, Tribal Historic Preservation Officer, Ho-Chunk Nation of Wisconsin
Wayside artwork by Chris Sweet, Ho-Chunk/Anishinaabe artist
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City Council | Wednesday, August 2, 2023 | Page 72 of 143
Spring Lake Park Reserve
Bison Herd Waysides
Dakota County reintroduced bison to Spring Lake
Park Reserve, a picturesque 1,100-acre park near
Hastings, Minnesota. The bison herd, part of the
Minnesota Bison Conservation Herd, is managed
in collaboration with the Minnesota Department
of Natural Resources and the Minnesota Zoological
Gardens. To enhance the visitor experience and
promote understanding, Dakota County engaged
106 Group to develop interpretive signs. These signs
highlight the ecological role of bison in the prairie
landscape, their social structure, and the significant
cultural connection between bison and Indigenous
communities in Minnesota. 106 Group played a
crucial role in various stages of cultural resources
work leading up to the design and development of
the interpretive panels and signage. Our involvement
encompassed research, archaeological survey,
interpretation, and Tribal engagement.
Through client collaboration and feedback with our
team and Dakota partners, concepts were developed,
and culturally relevant content was created in
both Dakota and English. Five interpretive signs
now welcome visitors to the bison viewing area,
including a large panoramic sign in Dakota and
English, expressing the cultural connection with
Indigenous communities. Three smaller signs explore
bison connections with their herd, landscape, and
people, while a larger sign along the trail highlights
the ecological role of bison in the prairie landscape.
This project celebrates the ecological and cultural
significance of bison, offering visitors a deeper
appreciation for these majestic creatures and their
role in the park’s ecosystem.
Interpretive Messaging Plan
The Interpretive Messaging Plan was developed by
Dakota County, Minnesota to recognize, honor, and
preserve Indigenous sites, spaces, and histories
within Spring Lake Park Reserve (SLPR). The plan
aimed to capture the complexities and unique
characteristics of the site in collaboration with
Dakota County and the Indigenous Advisory Group,
and to update the SLPR Master Plan.
106 Group’s interpretive planner led outreach
efforts with Dakota and other Indigenous elders
and knowledge keepers, supported community
engagement activities, and conducted
audience research.
Our team also developed an interpretive framework,
including a theme and supporting subthemes,
through collaboration with Dakota partners.
Through intensive Indigenous engagement and a
collaborative development process, the Interpretive
Messaging Plan centers Dakota perspective for
on-site messaging, limits physical structures on the
site, refines the SLPR Master Plan and current site
elements, and provides guidance for future park
improvements that focus on an Indigenous approach
to stewardship and promote co-management.
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City Council | Wednesday, August 2, 2023 | Page 73 of 143
mEXISTING
ENTRANCE
SIGN
OVERLOOK - SHEET 25
DIRECTIONAL SIGN
-Bud’s Landing Overlook
-Schaar’s Bluff
-Archery Trail / Camp Spring
Lake
DIRECTIONAL SIGN
-Fischer Avenue
-Pine Bend Trail
-Schaar’s Bluff
-Archery Trail / Camp
Spring Lake
DIRECTIONAL SIGN
-Pine Bend Trail
-Schaar’s Bluff
-Archery Trail
-Camp Spring Lake
-add interpretive
content to existing
kiosk
DIRECTIONAL SIGNS 2
-Schaar’s Bluff building
-Archery Trail / Camp
Spring Lake
-Hastings
Overlook plan indicates
“interpretive signage
mounted on overlook
guardrail”
DIRECTIONAL SIGN
-Schaar’s Bluff
-Archery Trail / Camp
Spring Lake
-Hilary Path
DIRECTIONAL SIGN
-Schaar’s Bluff
-Archery Trail / Camp
Spring Lake
-Ranelius Point Overlook
DIRECTIONAL SIGN
-Lake Vista Overlook
-Schaar’s Bluff building
-Archery Trail / Camp
Spring Lake
REST STOP
-2 BENCHES
-2 BIKE LOOPS
REST STOP
-2 BENCHES
-2 BIKE LOOPSOVERLOOK &
STAIR ACCESS TO
WATERFRONT
REST STOP
-2 BENCHES
-2 BIKE LOOPS
REST STOP
-2 BENCHES
-2 BIKE LOOPS
OVERLOOK
-SHEET 26
OVERLOOK
-SHEET 27
FUTURE
OVERLOOK ?
K
DIR
-S
-A
Sp
O
Monument Sign -
Dakota Co. Standard
Entrance Sign A
Proposed MRT
Interpretive Node #6
“Spring Lake”
Proposed MRT
Interpretive Node #7
“Spring Lake II”
SIGNAGE LAYOUT PLAN
DRAFT 01.17.2014
SIGN TYPES:
Interpretive Sign -
Dakota Co. Standard
Kiosk A
Directional
Sign
(8) (7) (7)(4)
Mile
Marker
Informational
Sign 1
Informational
Sign 2
CLIENT
Dakota County
SCOPE OF SERVICES
Landscape Architecture
PROJECT SIZE
4 Miles
CONSTRUCTION COST
$12 Million
COMPLETION
2016
Ana was the lead Landscape Architect working with Dakota County to complete a new
multi-use path along the banks of the Mississippi River. The four-mile SLPR trail is the final
segment of a 26-mile trail system known as the Mississippi River Regional Trail, and part
of the national Great River Road’s Mississippi River Trail which extends as far south as
the Gulf of Mexico. Planning for the trail was vetted through a very inclusive process with
stakeholders and the community to gain their feedback and consensus. The project was
designed to follow the County’s Greenway design guidelines and to be closely integrated
with the natural and cultural resources of the area. The project involved lead direction
in siting and grading specific trail design amenities including various River and Ravine
overlooks, waysides, bridge aesthetics, site amenities, wayfinding and interpretive signage,
trailheads, etc.
The project was particularly challenging because the trail alignment travels through a
significant amount of rocky terrain and across a number of steep ravines which existing
natural and cultural resources had to be studied carefully to lessen impacts and preserve
as much as possible. *Project completed by Ana Nelson prior to joining Cuningham
Mississippi River Regional TrailSpring Lake Park Reserve Segment*
Dakota County, Minnesota
Full Circle
Indigenous Planning + Design
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City Council | Wednesday, August 2, 2023 | Page 74 of 143
Wakan Tipi Center
St. Paul, Minnesota
Located in the Bruce Vento Nature Sanctuary in St. Paul, MN, Wakan Tipi Center will provide a cultural learning
center rooted in Dakota cultural values, aesthetics, and cultural activity. The extensive community engagement
process brought together Dakota and Indigenous leaders from the region and established guiding design
principles and directions for visual expression, materials, and function. A strong goal to provide authentic Dakota
cultural interpretation and culturally meaningful guiding design principles framed community conversations and
design direction. Dakota culture is expressed through modern forms that honor the community’s relationship to the
site’s landscape and sacred features and spaces for ceremony and gathering located throughout the site.
Project completed in collaboration with Cuningham
Conceptual Rendering
Full Circle
Indigenous Planning + Design
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City Council | Wednesday, August 2, 2023 | Page 75 of 143
Tachi Yokut Tribe: Santa Rosa Racheria Comprehensive Plan
Lemoore, CA
Full Circle
Indigenous Planning + Design
27
City Council | Wednesday, August 2, 2023 | Page 76 of 143
Ione Band of Miwok Land Use and Community Planning
Plymouth, California
The Ione Master Plan is a 47-acre residential development for the Ione Band of the Miwok Indians. The
Plan establishes residential homeland on the edge of the Plymouth, California community for the recently
recognized tribe. The Plan honors the land using light infrastructure and gently locating new buildings on
the landscape – prioritizing those areas that have already been disturbed by mining activities. The primary
landscape features – the arroyos – are incorporated into the plan with a series of trails and parks that connect
all parts of the community. Two neighborhood resource buildings – a community center and a cultural
center – are located at the two entrances to the neighborhood. A variety of housing types provide for a multi-
generational community.
Project completed in collaboration with Cuningham
Full Circle
Indigenous Planning + Design
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City Council | Wednesday, August 2, 2023 | Page 77 of 143
Project completed in collaboration with and as co-owner of Cuningham
Oglala Lakota College - Cultural
Interpretive Trail and Comprehensive Plan
Kyle, South Dakota
Project completed in collaboration with Cuningham
Sisseton Wahpeton College - Climate Action
and Comprehensive Campus Plan
Sisseton, South Dakota
Full Circle
Indigenous Planning + Design
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City Council | Wednesday, August 2, 2023 | Page 78 of 143
Water Works Mezzanine Phase
Minneapolis Park and Recreation Board | Downtown Mississippi Riverfront
Kate served as Project Manager for the project prior to
TLALLI Collaborative, LLC.
See link below for Plants of Owamniyuomni: A Dakota Language Audio Tour
https://storymaps.arcgis.com/stories/bdae2f70661444c18451802099faf4ee
The newly opened Water Works project offers visitor support,
recreational and cultural amenities, and accessible connections
along the complex and historic downtown Minneapolis
riverfront. While the Stone Arch Bridge and Mill Ruins Park
have been popular destinations for decades, the area was
undeserved by the limited park system and the decaying Water
Works site was a barrier to the river. Nestled among historic
mill remnants, the park features an all-season pavilion, outdoor
gathering areas, native plant landscaping, multipurpose lawns,
social seating and outdoor performance terraces, a small play
area, and numerous connections between the downtown and
the riverfront.
The MPRB team led years of engagement with community
members to bring forward the locations importance as a
spiritual place for Dakota and Indigenous people for millennia
through Dakota art, language, and programming. The project
includes a district stormwater reuse system that repurposes
nearby rooftop rainwater to flush toilets and irrigate plants.
Early in the design process, team established a partnership with
the globally acclaimed duo Dana Thompson and Sean Sherman
who are current operating the Owámni restaurant featuring
Indigenous cuisine and a deep commitment to revitalizing
Indigenous food systems.
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City Council | Wednesday, August 2, 2023 | Page 79 of 143
City Council | Wednesday, August 2, 2023 | Page 80 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor and City Council and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
John Boland, Public Works Superintendent
SUBJECT: Authorize Purchase Order for Electrical Work at the Wentworth Warming House
INTRODUCTION
The City Council is asked to approve a purchase order for the electrical work at the new Wentworth
Warming House.
BACKGROUND
This Spring the City Council approved the construction of a new warming house at Wentworth
Park by Kirchner Contracting for $58,800. At that time of approval, staff notified the City Council
that the building’s heater and the electrical work necessary for the building would be bid out
separately. Staff estimated the heater and electrical work to be an additional $15,000 for the
project.
The scope for the electrical work includes the following:
•Relocate (1) 100A pole mounted panel inside of the new warming house structure
•Provide service conductors from the Quazite box to the new panel location
•Provide a new service disconnect switch at the existing pole location
•Provide (8) new recessed can fixtures within the warming house. Fixtures to be controlled
via (1) occupancy sensor
•Provide (5) duplex receptacles wired back to the relocated panel
•Provide connection to (1) 7.5Kw unit heater
•Provide (1) switch and timer for ice arena lighting
In addition, the contractor will move the existing feed to the South and reroute the power to the
pole prior to construction of the building to make room for foundation work. The existing power
is presently located underground and on top of where the new building will be placed.
Staff solicited quotes from three reputable contractors for the necessary electrical work at the new
Wentworth warming house. The quotes received are as follows:
•Hunt Electric: $19,995
•Arcade Electric: $16,750
•Mid Northern Electric: $15,100
5jCity Council | Wednesday, August 2, 2023 | Page 81 of 143
The low bidder, Mid Northern Electric, has done work for the City in the past and staff is confident
in their quality of work to successfully complete this project.
Attachment: Quote from Mid Northern Electric
BUDGET IMPACT
The FY2023 budget includes $100,000 for this project. With the construction of the Wentworth
Warming House and the necessary electrical work to prepare for the 2023-2024 season, the total
project cost thus far is, $73,900. The only outstanding item for the project is the heater for the
building, which staff will purchase directly from the vendor to save on costs.
ACTION RECOMMENDED
Staff recommends that the City Council approve a purchase order for the electrical work at the
Wentworth Warming House by Mid Northern Electric for $15,100.
ACTION REQUESTED
If the City Council concurs, it should, by motion, approve the purchase order for the electrical
work at the Wentworth warming house by Mid Northern Electric for $15,100.
City Council | Wednesday, August 2, 2023 | Page 82 of 143
QUANTITY DESCRIPTION .
Customer:1 Move 100-Amp panel from pole to inside new shack
City of Mendota Heights 1 Refeed wires from ground box into new panel in shack.
Project:1 Add service disconnect under existing meter socket on pole
Warming Shack -
Wentworth Park 8 Can Lights inside new shack w/Occ sensor
ATTENTION 5 Duplex receptacles in new shack
John Boland 1 Electric unit heater (7500W) 25,589 BTU
Estimate Date 1 Light switch timer to control lights on ice arena
3/24/2023 1 Permit
PAYMENT TERMS
Net 30
Proposal Notes and Clarifications
TOTAL $15,100.00
Date
Sign Below to Accept Quote:
Authorized Rep
~Includes Sales Tax equipment rental and permit
~Proposal does not include any additional Xcel energy costs if needed.
Mid-Northern Services
75 Viking Dr W Little Canada, MN 55117
David Swenson
Phone: 651-368-1310
City Council | Wednesday, August 2, 2023 | Page 83 of 143
City Council | Wednesday, August 2, 2023 | Page 84 of 143
1101 Victoria Curve I Mendota Heights,CITY OF :f M
651.452.1850 phone I 651.45i-.0=94�u�1a�x -www.mendota-heights.com -
DATE:
TO:
FROM:
SUBJECT:
August 2, 2023
Mayor, Council and City Administrator
Wayne Wegener, Police Captain
Authorization to Renew Contract with MBRB and Continue to Conduct an
Annual Limited Deer Hunt within Mendota Heights
INTRODUCTION
The Council is asked to renew a contract with the Metro Bowhunters Resource Base for deer
population control hunts and include nuisance coyotes.
BACKGROUND
In 1995, the City of Mendota Heights adopted its first deer management plan with assistance from
the Minnesota Department of Natural Resources (DNR) and began working with the Metro
Bowhunters Resource Base (MBRB) to source and provide hunters. Since that time, the hunt has
changed, along with the density of the populations in the City of Mendota Heights. Over the years,
council has adopted resolutions to continue working with the MBRB on deer management plans.
The MBRB has also received high marks over the years from the property owners on whose land
they have hunted.
City Code 5-1-1 prohibits discharge of firearms or bow and arrow with four exemptions, one of
which is for deer population control hunts under city direction. Code 5-4-3 prohibits all other
hunting in the city with exemptions for government employees and other persons who meet an
exemption requirement in 5-4-3 B. In the past 21 years, the city has not granted a hunting
exemption to a private party and has only issued a single archery permit.
Since the inception of the program:
•Police staff meets and communicates with MBRB staff to review the hunt plan, dates,
options and other scenarios with MBRB staff.
•Notifications are distributed annually to those residents who wish to continue participating
in the hunt
•Options are provided to residents should they wish to refrain from participating in the hunt.
•The hunt has expanded to include certain city owned/public areas, including the cemetery
areas, Friendly Marsh, and Valley Park.
•For the safety of the public, hunting notices of the hunt dates are posted in advance at
entrances to public parks and right of ways, the authorized hunters are provided with a City
of Mendota Heights ID badge and vehicle permit, and a list of the hunters' vehicles
provided to the Police Department.
5kCity Council | Wednesday, August 2, 2023 | Page 85 of 143
MBRB hunters have stated that over the years they have seen several coyotes, and many of these
coyotes have become so accustomed to humans, they were unafraid of them while hunting. The
current plan allows hunters to shoot coyotes while hunting deer. This is legal under Minnesota
State Statutes. They will not do exclusive coyote hunting, but they will shoot and properly dispose
of nuisance coyotes as authorized.
The MBRB contracts with numerous other cities and counties in the metro area to keep the deer
population under control. In recent history, they have only stopped working with communities
and/or counties when the elected officials chose to open the hunt areas to public hunting.
It is recommended that the City of Mendota Heights renew the contract with the MBRB
to hunt on authorized public and private lands in the city. It is further recommended the
city continue to approve only MBRB hunts, sign a five year contract with the MBRB
authorizing them to shoot nuisance coyotes as part of the hunt, and allow private property
owners to request deer hunting on their property by the MBRB (subject to city approval).
As in past practice, the city will work with the MBRB to secure permission for hunting on
private land.
The proposed new contract will expire December 31, 2028.
BUDGET IMPACT
The police department spends approximately five hours of staff time annually working with
MBRB to manage this project and by extending the permissions out another five years, that
amount of staff time should remain the same. The City would agree to pay $50 per year to
be named as an insured on the MBRB liability policy.
RECOMMENDATION
We recommend that the Council renew the contract with the MBRB, to be effective through
December 31, 2028.
ACTION REQUIRED
If the Council concurs, it should by motion renew the following contract, to be effective through
December 31, 2028:
DEER CONTROL SERVICE AGREEMENT
CITY OF MENDOTA HEIGHTS
METRO BOWHUNTERS RESOURCE BASE, INC
City Council | Wednesday, August 2, 2023 | Page 86 of 143
DEER CONTROL SERVICE AGREEMENT
CITY OF MENDOTA HEIGHTS
METRO BOWHUNTERS RESOURCE BASE, INC
WHEREAS, the City of Mendota Heights (City) is in need of services and/or goods (hereinafter
"services") and Metro Bowhunters Resource Base, Inc., located at 7455 France Avenue South, PO Box
409, Edina, MN 55435 (Contractor) is capable of, and desires to provide such services, and
WHEREAS, in consideration of the mutual promises and agreements contained herein the parties
enter into this contract and agree as follows:
SCOPE OF SERVICES. The City requests and the Contractor agrees to be responsible for the following
services:
•Provide a crew of MBRB qualified archers with sharpshooter status.
•Provide certificate of liability insurance with the City listed as an additional insured before start of
hunt.
•Send a mailing list of MBRB hunt participants to City before start of hunt.
•Hold a Hunt Orientation Check-in and Meeting presentation before start of hunt.
o Provide agreed upon hunter identification to hunters
o Provide agreed upon hunter vehicle markings for each vehicle to be used in hunt.
o Post main entrances to public lands hunted at beginning of season advising of hunt dates.
•Have four hunt periods per season in Mendota Heights.
•Gather hunt data from each participant each day.
•Provide the City a verbal report on hunt progress and issues monthly.
•Administer hunts in accordance with hunt rules and other procedures necessary for a safe and
orderly hunt event.
•Assist in tracking and recovery of deer that are reported hit by participants.
•Provide liaison with the City and Police Department so that there is one point of contact for all
hunting activities.
•Report rule infractions and other pertinent incidents to City.
•Take nuisance coyotes during hunt and dispose of properly.
•Send final hunt summary data to City staff one month after completion of hunt.
•And other such services as may be mutually agreed upon.
The services provided under this agreement will be conducted in a manner which is consistent with
that level of care and skill ordinarily exercised by members of the Contractor's occupation while
performing services under similar conditions.
PAYMENT FOR SERVICES. The City agrees to pay for the services, including expenses in an amount
$50.00, and in accordance with payment rates or schedule as provided herein. The City will
reimburse the MBRB for the cost to list the City as an additional insured party on its insurance policy
for these services.
City Council | Wednesday, August 2, 2023 | Page 87 of 143
LIAISONS. The City and Contractor shall each provide a designated liaison to facilitate effective
communications between the two parties.
TERM AND TERMINATION. The term of this Contract is from the date of execution by all parties,
through December 31, 2028, unless otherwise terminated. Either party may terminate this agreement
upon providing 60 days written notice to the other party.
IN WITNESS THEREOF, the parties hereto have executed this Contract on the date(s) indicated below:
FOR CITY OF MENDOTA HEIGHTS:
Stephanie B. Levine, Mayor
Christine Lusian, City Clerk
Date
METRO BOWHUNTERS RESOURCE BASE
I hereby certify that I represent the MBRB,
and have the authority to enter into this
document on behalf of the organization.
Contractor Signature
Print Name and Title
Date
City Council | Wednesday, August 2, 2023 | Page 88 of 143
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 2023-46
AUTHORIZING CONTRACT FOR DEER POPULATION CONTROL
WHEREAS, the city of Mendota Heights (City), via a five year contract with Metro Bowhunters
Resource Base (MBRB), has conducted successful deer hunts;
WHEREAS, the City desires to maintain a reasonable deer population with the City boundaries;
and
WHEREAS, such a balance can only be achieved through regular ongoing deer population control
efforts.
NOW THEREFORE, BE IT RESOLVED that the City Council authorizes to renew the contract
with MBRB and continue to conduct an annual limited deer hunt within Mendota Heights during
the authorized Minnesota Bow Hunting Season as set by the Minnesota Department of Natural
Resources, subject to the following conditions:
1) Metro Bow Hunters Resource Base (MBHRB) receives written reauthorization from each
private property owner wishing to participate in the program once every five years.
2) MBHRB notifies the City in writing of the property they are authorized to hunt on before
they begin hunting.
3) The hunt is conducted by the Metro Bow Hunters Resource Base (MBRB) who will certify
and select qualified bow hunters to participate in the hunt.
4) All deer shall be taken by bow and arrow in a safe and humane manner.
5) MBRB will notify the City of the number of deer taken during the previous season and will
not exceed Minnesota Department of Natural Resources recommendation.
6) Deer of any age or gender maybe taken.
7) Hunters are authorized to take nuisance coyotes.
8) All hunters must be appropriately licensed and hold valid Minnesota Department of Natural
Resources issued tags.
Adopted by the City Council of the City of Mendota Heights this second day of August 2023.
ATTEST: CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_________________________________ _________________________________
Christine Lusian, City Clerk Stephanie B. Levine, Mayor
City Council | Wednesday, August 2, 2023 | Page 89 of 143
City Council | Wednesday, August 2, 2023 | Page 90 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor, City Council and City Administrator
FROM: Christine Lusian, City Clerk
SUBJECT: Temporary Alcohol License and Parking
INTRODUCTION
City Council is asked to approve a temporary alcohol license for Holy Family Maronite Catholic
Church and approve the use of the cit y hall parking lot for event parking overflow.
BACKGROUND
Holy Family Maronite Catholic Church has completed application requirements and paid the
associated fees for a temporary alcohol license. City approval and establishment insurance
information will be shared with the state for certification/approval authorizing the sale of alcohol
on Saturday, September 9, 2023.
The applicant also requests permission for event attendees to use the city hall parking lot if their
lot reaches capacity.
RECOMMENDATION
City staff recommends City Council approve the license for Holy Family Maronite Catholic
Church and approve the use of city hall parking lot for overflow during the September 9, 2023
event.
ACTION REQUIRED
If City Council concurs, it should, by motion, approve the license and the use of city hall parking
lot for overflow by Holy Family Maronite Catholic Church.
5lCity Council | Wednesday, August 2, 2023 | Page 91 of 143
City Council | Wednesday, August 2, 2023 | Page 92 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayo r, City Council and City Administrator
FROM: John Boland, Public Works Superintendent
SUBJECT: Approve Purchase Order for a Snow Plow and Tommy Liftgate
INTRODUCTION
The Council is asked to approve the purchase of a snow plow and Tommy liftgate.
BACKGROUND
Included in the 2023 CIP budget, Public Works has a truck, snow plow and Tommy liftgate as
part of a pickup truck purchase. The new snow plow and Tommy liftgate would be installed on
existing truck 309. The new plow would be used throughout the winter months to clear snow
from parking lots, pedways, and cul-de-sacs. The Tommy liftgate would also be used daily
while picking up trash or hauling large items.
Staff has state contract pricing through Stonebrooke Equipment for a Snowex 86 HDVMS snow
plow and a Tommy liftgate G2 series aluminum gate for a total cost of $16,906.58.
BUDGET IMPACT
Included in the CIP budget amount is $46,000 for the purchase of the truck, snow plow, and
Tommy liftgate. There is enough money in the budget to cover the cost to purchase the snow
plow and Tommy liftgate.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council approve the purchase of a snow plow
and Tommy liftgate from Stonebrooke Equipment.
ACTION REQUIRED
If Council concurs with the staff recommendation, they pass a motion authorizing staff to issue a
purchase order to Stonebrooke Equipment for the purchase of a snow plow and Tommy liftgate
in the amount of $16,906.58. This action requires a simple majority vote.
5mCity Council | Wednesday, August 2, 2023 | Page 93 of 143
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1101 Victoria Curve I Mendota Heights, MN 55118 , m:I ���□OTA HEIGHTS
651.452.1850 phone I 651.452.8940 fax www. mendota heightsmn. gov
Request for City Council Action
MEETING DATE:
TO:
FROM:
SUBJECT:
BACKGROUND
Significant Claims
August 2, 2023
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director� Claims List Summary
Met Council Environmental Services-SAC & August Sewer Service
US Bank -Monthly Purchases
American Engineering Testing -City Hall Building Work
Ehlers -Financial Presentation
Excel Turf & Ornamental -Golf Course Chemicals
Johnson Fitness & Wellness -Fitness Equipment
LOGIS -IT Services -April -August Services
Lower Mississippi WMO -Interstate Valley Creek Study
Mansfield Oil -Fuel
Nystrom Publishing -Fire Dept Annual Report
City of St Paul -Asphalt Mix
Swanson Haskamp Consulting -Interim Planning Services
US Bank -Monthly Purchases
Manual Checks Total
System Checks Total
Total for the list of claims for the August 2, 2023 City Council meeting
RECOMMENDATION
$ 141,800.42
$ 12,000.36
$ 9,400.00
$ 4,231.25
$ 4,098.66
$ 7,835.00
$ 41,058.00
$ 25,000.00
$ 6,523.84
$ 4,278.68
$ 23,455.07
$ 12,225.00
$ 11,722.91
$ 160,034.02
$ 216,346.46
$ 376,380.48
Staff recommends that the Mendota Heights City Council approve the list of claims for August 2, 2023.
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DATE: August 2, 2023
TO: City Council
FROM: Kelly Torkelson, Assistant City Administrator
SUBJECT: City of Mendota Heights Instagram Account
INTRODUCTION
City Staff are proposing the launch of a city Instagram account on August 7. The new platform
will be an additional social media platform, not a replacement of an existing platform. Social
media is a cost-effective tool to engage with residents where they are currently at and helps to
spread awareness of city initiatives and programs.
BACKGROUND
The City currently manages several social media pages. Most notably, the city has a social media
presence on Facebook with a city page, @MendotaHeightsMN, a police department page,
@MendotaHeightsPD, and a parks and rec page, @MHParksandRec. Facebook is the largest
social media site. While it is the most widely used platform, the audience of people on
trends 35 and older as is displayed in the following graph of the city’s Facebook followership
demographics.
Social media platforms are highly segmented by age demographics. By expanding into
Instagram, staff hope to engage another part of the Mendota Heights population. 60% of
Instagram users are under the age of 35. Both as a means of targeting this younger demographic
as well as to adapt to shifting trends in social media, by developing this new platform, it will
ensure that the city’s social media continues to engage with the community across generations.
In addition, building the city’s social media following on multiple platforms creates redundancy
in the city’s social media strategy. The ebb and flow of technology and trends in social media
mean that some platforms will expand while others will fall away. A presence on multiple
7aCity Council | Wednesday, August 2, 2023 | Page 109 of 143
platforms will help to ensure that the city is able to navigate the ebb and flow of social media
trends without having to start from scratch to build an audience.
Staff are proposing to launch the new platform on August 7 leading into the city’s annual parks
celebration weekend. As a part of the Instagram launch, staff will develop content aimed at
promotion of the event as well as highlight core messages about city programs and services that
will be highlighted during the event. The launch of the platform will be an opportunity for city
communications to amplify the messaging around the Parks Celebration and expand the
engagement and impact of the event.
While there will be some duplicated content between platforms, the new platform also allows the
city opportunities to use site specific tools and trends to connect with audiences. Some examples
that Instagram offers include a department take over where staff from a department, such as
parks or the police department, will take over the account for a few days to post department
specific content or opportunities to connect with staff through videos or something like an Ask
Me Anything (AMA) session. Staff will continue to look for opportunities to leverage the unique
features of the platform to further the communications goals of the city.
Mendota Heights would not be the first city to expand into Instagram, many cities already have a
thriving following on the platform. Staff will connect with other cities that have built their
platform on Instagram to build the strategy for Mendota Heights.
In addition to expanding to an Instagram platform, staff are also evaluating other social media
platforms audiences, tools, and resources to identify if there are opportunities and capacity to
expand in the future. Another platform that staff have identified with significant ROI for the city
would be a city LinkedIn account. The audience on that platform is more geared towards
recruitment which the city has limited social media content development for at this time. This
initial expansion into Instagram will provide insight into additional workload of an additional
platform to help staff to identify capacity for additional expansion into other platforms.
BUDGET IMPACT
Social media engagement allows the city to connect with residents in a highly cost-effective
manner. The optional following of the city’s content helps to build engagement and awareness to
city initiatives and programs and helps to provide an additional means through which the city can
communicate critical messages to the community. Alternative methods of disseminating
information such as through mailed materials have significant costs as they require printing costs
and postage for delivery. Social media allows the City to meet residents where they are at.
The platform is free to manage, however with the expansion of the city’s social media presence,
staff will be looking to integrate a social media management software into the city’s budget for
2024. Social Media Management Software will support more than just the city’s Instagram
platform, but this expansion in scope of the city’s communication strategy necessitates additional
tools and resources for staff to efficiently and effectively manage the different platform sites.
The cost to implement a social media software is approximately $1,200 annually.
REQUESTED ACTION:
Informational. No Council action is required.
City Council | Wednesday, August 2, 2023 | Page 110 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor, City Council and City Administrator
FROM: Kelly McCarthy, Chief of Police
SUBJECT: Cannabis Use within Public Property and Public Places
INTRODUCTION
Governor Walz signed legislation (HF100/Chapter 63) legalizing adult-use cannabis in Minnesota
beginning August 1, 2023.
BACKGROUND
City Code (8-4-3E) prohibits tobacco use at all times in or on all recreational areas of the city.
Recreational areas mean all facilities, parks, trails open space, and other property owned, leased,
rented, contracted, used or controlled by the City of Mendota Heights for parks and recreational
purposes. This includes, but is not limited to, restrooms, spectator and concession areas,
playgrounds and athletic fields.
The State’s Adult Use Cannabis law explicitly authorizes individuals to use adult-use cannabis
flower and adult-use cannabis products:
•In a private residence and yard; and
•On private property not generally accessible by the public, unless the owner of the property
prohibits the use of the products; and
•On the premises of an establishment or event licensed to permit onsite consumption.
A person may not use cannabis flower, cannabis products, or hemp-derived consumer products in
a manner that involves the inhalation of smoke, aerosol, or vapor at any location where smoking
is prohibited under the Minnesota Clean Indoor Air Act (MCIAA).
The new law is silent on whether cannabis can be smoked in public places other than public places
governed by the MCIAA. While the law does not specifically authorize the use of cannabis in
public places, it does not create any penalty for use in a public place other than those governed by
the MCIAA. Further, the new law does not clearly define the types of locations that are considered
not generally accessible by the public.
9aCity Council | Wednesday, August 2, 2023 | Page 111 of 143
The statute reads that cannabis may not be used at any location where smoking is prohibited, but
it does not provide an enforcement mechanism.
BUDGET
None
ACTION RECOMMENDED
The statute does allow that a city may adopt an ordinance establishing a petty misdemeanor
offense for a person who unlawfully uses cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products in a public place.
If the city council would want an enforcement mechanism to prevent the use of cannabis in
public places, it will need to adopt an ordinance prohibiting such use and make it a petty
misdemeanor.
ACTION REQUESTED
The council should discuss the development of a city ordinance regulating cannabis use within
public places and on public property and direct staff to research and prepare an ordinance as
required for consideration at a future meeting.
City Council | Wednesday, August 2, 2023 | Page 112 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayor, City Council and City Administrator
FROM: Jennifer Haskamp, AICP, Interim Planning Services
SUBJECT: Resolution No. 2023-44 Approving a Variance and Lot Line Adjustment at 5
Dorset and 3 Dorset Road [Planning Case No. 2023-07]
INTRODUCTION
The City Council is asked to consider adopting a resolution of approval for a Variance and Lot
Line Adjustment at 5 Dorset Road and 3 Dorset Road. Jackie Douda is the Owner and Applicant
of 5 Dorset Road, and Tim and Mary Kirby are the Applicants and Owners of 3 Dorset Road,
collectively the “Applicants” in this report.
BACKGROUND
The Applicants are proposing a lot line adjustment of the shared side-yard property line between
5 Dorset and 3 Dorset Road. The existing lots were platted in 1936 and the side-yard lot lines were
not platted perpendicular to the right-of-way. Subsequently the single-family homes were
constructed in the 1950’s and were placed on the lots with the front facades parallel (facing) road
right-of-way (ROW). The proposed lot line adjustment will correct the lot line to be perpendicular
to the ROW and will align with how the lots are used and developed. The proposed lot line
adjustment requires a variance from the minimum lot width on 5 Dorset Road. No additional lots,
access or other physical improvements are proposed.
At the July 25, 2023 Planning Commission meeting, a planning report was presented, a duly
noticed public hearing was held, and comments from property owners were received and recorded
into the public record. A copy of the 7/25/2023 planning report including the survey is attached to
this memo.
The City received no inquires, and no one from the public provided testimony at the public hearing.
RECOMMENDATION
The Planning Commission recommended approval of the request (5-1) as described in Planning
Case 2023-07, for the properties located at 5 Dorset and 3 Dorset Road with findings-of-fact to
support approval and certain conditions, as memorialized in the attached [draft] resolution.
9bCity Council | Wednesday, August 2, 2023 | Page 113 of 143
ACTION REQUESTED
City Council may affirm the recommendation from the Planning Commission by adopting
RESOLUTION NO. 2023-44, APPROVING A VARIANCE AND LOT LINE
ADJUSTMENT AT 5 DORSET ROAD AND 3 DORSET ROAD
City Council | Wednesday, August 2, 2023 | Page 114 of 143
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-44
RESOLUTION APPROVING A VARIANCE AND LOT LINE ADJUSTMENT AT
5 DORSET AND 3 DORSET ROAD
[PLANNING CASE NO. 2023-07]
WHEREAS, Jackie Douda, the Owner of 5 Dorset Road, and Tim and Mary Kirby the
Owners of 3 Dorset Road made an Application for a Variance and a Lot Line Adjustment as
proposed under Planning Case No. 2023-07, for property as legally described in Exhibit A; and
WHEREAS, the subject property is guided Low Density Residential in the 2040
Comprehensive Plan, situated in the R-1 One Family Residential District; and
WHEREAS, Title 11-1-5C of the City Code (Subdivision Ordinance) allows the
subdivision of parcels, provided that the resulting lots are compliant with the requirements of the
applicable zoning district and further stipulates any deviation from this ordinance requires a
variance; and
WHEREAS, the Applicants propose a lot line adjustment of the shared side-yard property
line between 5 Dorset and 3 Dorset Road, and the lots resulting after the adjustment are described
and illustrated on attachment Exhibit B; and
WHEREAS, the lot line adjustment will reduce the lot width (frontage) on 5 Dorset Road
to approximately 85-feet which requires a variance from the minimum lot width standards of the
R-1 zoning district; and
WHEREAS, Title 12-1L-5 of the City Code (Zoning Ordinance) establishes the standards
for consideration when evaluating a request for a variance from the zoning district; and
WHEREAS, on July 25, 2023 the Mendota Heights Planning Commission conducted a
public hearing on the proposed Variance and Lot Line Adjustment application, and whereupon
closing the hearing, recommended 5-1 to approve the lot line adjustment on the subject property,
with certain conditions and find-of-fact to support said approval.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that
the recommendation from the Planning Commission on Planning Case No. 2023-07 is hereby
affirmed, and the Variance and Lot Line Adjustment requested for the properties located at 5
Dorset Road and 3 Dorset Road, are approved based on the following findings-of-fact.
1. The proposed Lot Split will realign the shared side-yard property line between 5 Dorset
Road and 3 Dorset Road to be perpendicular to the right-of-way.
2. The realignment of the property line will not create any additional density or new lots.
City Council | Wednesday, August 2, 2023 | Page 115 of 143
3. The resulting lots meet all other dimensional standards except for the minimum required
lot frontage.
4. The resulting lot frontage of 5 Dorset Road is approximately 85-feet, which represents a
variance from the standards by approximately 15-feet.
5. The resulting lot frontage of 85-feet is consistent with the neighborhood character, and
other lots within the subdivision typically range from 75 to 110 feet of frontage.
6. The proposed lot line adjustment is consistent with the Low Density Residential (LR)
density requirements and the resulting lot sizes are generally consistent with the existing
conditions.
7. The Applicant demonstrated that practical difficulties exist related to the historic plat
whereby the side-yard lot lines were not set perpendicular to the road right-of-way.
8. The Applicant demonstrated that the property is unique given the configuration of the lot
lines and orientation of the existing homes.
9. Approval of the variance request and the lot line adjustment will not adversely impact the
character of the neighborhood.
10. That provided the conditions of approval are met, the resulting lots will comply with the
intent and purpose of the R-1 Zoning District and the LR land use designation.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
and Lot Line Adjustment requested for the properties located at 5 Dorset Road and 3 Dorset is
hereby approved, with the following conditions:
1. Applicants must record the Lot Line Adjustment (minor subdivision) at Dakota County
indicating the newly revised property descriptions for the resulting lots.
2. All transfer or deed documents which convey the portion of lands under the lot line
adjustment and lot split process shall be recorded with Dakota County.
Adopted by the City Council of the City of Mendota Heights this 2nd day of August 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Stephanie B. Levine, Mayor
ATTEST:
________________________________
Christine Lusian, City Clerk
City Council | Wednesday, August 2, 2023 | Page 116 of 143
EXHIBIT A
Property Address: 5 Dorset Road
Existing Legal Description:
Lot 2, and the southwesterly 10 feet of Lot 1, Block 7, SOMERSET VIEW, Dakota County,
Minnesota.
Proposed Legal Description:
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET VIEW, Dakota County, Minnesota, lying
southwesterly of a line described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 26.32 feet
to the point of beginning of the line to be described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the southeasterly line of said Lot 2, and said line there
terminating.
Property Address: 3 Dorset Road
Existing Legal Description:
Lot 1, except the southwesterly 10 feet thereof, Block 7, SOMERSET VIEW, Dakota County,
Minnesota.
Together with that part of vacated Burr Oak Avenue accruing to said Lot 1 per Document No.
3547902.
Proposed Legal Description:
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET VIEW, Dakota County, Minnesota, lying
northeasterly of a line described as follows:
Commencing at the most westerly corner of said Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the northwesterly line of said Lot 1, a distance of 26.32 feet
to the point of beginning of the line to be described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the southeasterly line of said Lot 2, and said line there
terminating.
Together with that part of vacated Burr Oak Avenue accruing to said Lot 1 per Document No.
3547902.
City Council | Wednesday, August 2, 2023 | Page 117 of 143
MEETING DATE:
TO:
FROM:
SUBJECT:
APPLICANT:
PROPERTY ADDRESS:
ZONING:
LAND USE:
ACTION DEADLINE:
PLANNING STAFF REPORT
July 25, 2023
Planning Commission
Jennifer Haskamp, AICP - SHC
Planning Case 2023-07
LOT LINE ADJUSTMENT & VARIANCE
Jackie Douda & Mary and Tim Kirby
5 Dorset Road and 3 Dorset Road
R-1 One Family Residential
LR Low Density Residential
November 7, 2023 (120-day Review Period)
INTRODUCTION
Jackie Douda, is the Applicant and Owner of the property located at 5 Dorset Road, and Mary and Tim
Kirby are the Applicants and Owners of the property located at 3 Dorset Road. The subject application
includes two requests; 1) A Variance from the minimum lot width/frontage on 5 Dorset Road; and 2) A Lot
Line Rearrangement/Adjustment of the shared property line between the two subject properties.
A public hearing notice for this item was published in the Pioneer Press and notice letters were mailed to
all surrounding properties within 350-feet of the subject property. No public comments or objections were
received.
BACKGROUND / SITE
DESCRIPTION
The subject properties are located
in the Somerset View subdivision
which was platted in 1936. Both
properties are zoned R-1 and were
developed in the 1950’s with
single-family structures. The
properties are generally located on
the north side of Dorset Road and
lie west of Delaware Avenue (see
map for location).
Lot sizes in this subdivision are
between approximately 1/3 and
City Council | Wednesday, August 2, 2023 | Page 118 of 143
3/4 and the subdivision is developed with single-family residential homes and associated uses
predominantly from the 1950’s. As shown on the map, lot lines within the subdivision were not platted
perpendicular to the roadway is some areas, which affected the positioning of the homes on the property as
shown in the aerial. Homes were generally constructed parallel to the roadway, which in some cases such
as the subject properties, resulted in awkward configurations along side lot lines and rear yard areas.
A summary of the existing properties, and the proposed configuration is provided in the following table:
5 Dorset 3 Dorset
Existing Proposed Existing Proposed
Lot Area (Size) 17,222 SF
(0.4 Ac.)
17,329 SF
(0.4 Ac.)
20,504 SF
(0.47 Ac.)
20,397 SF
(0.47 Ac.)
Lot Width 100’ 84.99’ 149..79’ 164.75’
Lot Depth 174’ 174’ 177 177
Side Yard setback
(shared)
9.0’ 9.0’ 15’ 18.4’
As shown on the table, the Applicants are proposing to reconfigure the lot lines to better align with how the
properties were developed. Both of the homes were constructed in the 1950’s and the homes were
constructed with the front façade generally parallel to Dorset Road. While this development orientation is
logical, the lot lines were not platted perpendicular to the right-of-way which results in awkward side yard
and rear yard configurations. As such, for decades, the properties have generally “used” their lots as if the
lot lines were perpendicular to the right-of-way, especially in the rear yards.
The impetus for this application, is that both property owners wish to formalize the existing condition –
whereby they are each using their rear yards as if the lot lines were perpendicular to the road. By allowing
for the reconfiguration of this shared lot line, the rear yard will become more useable for both properties.
Ultimately, the property Owner of 5 Dorset Road would like to construct a fence around the backyard, and
this will make more sense if the alignment of the lot line is consistent with how both Owners understand
their rear yards to be laid out.
However, while the alignment makes more sense for how the lots are developed and actually used, the lot
line rearrangement will create a legally non-conforming frontage on the 5 Dorset Road property. As such,
the Applicants are proposing the following (see Survey Site Plan):
• To realign the shared side-yard property line between 5 Dorset and 3 Dorset Road to be
perpendicular to the right-of-way line.
• A variance from the required minimum lot width, per City Code section 12-1E-3.D.3.a., to create
a lot with approximately 84.99 Feet of lot frontage.
The following Analysis regarding the proposed request is provided for your review and consideration.
ANALYSIS
City Code Section 11-1-5.C.1., states, “Lot line adjustment request to divide a lot which ais a part of a
recorded plat where the division is to permit the adding of a piece of land to an abutting lot and the newly
created property line will not cause the other remaining portion of the lot to be in violation with this title
or the zoning ordinance...”
City Council | Wednesday, August 2, 2023 | Page 119 of 143
As shown on Table 1, the resulting lots if the rearrangement is approved will comply with all R-1 Zoning
standards with the exception of the lot width/frontage on 5 Dorset Road. Section 11-1-9 Variances states
that any deviation from the subdivision code requires a variance to be requested, and such variance to be
processed consistent with City Code Section 12-1L-5.
The following analysis regarding the proposed variance is provided.
Variance Process
City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when
recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties;
and (ii) impact to the community.
The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in
a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner
is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if
granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic
considerations alone do not constitute practical difficulties. In addition, variances are only to be
permitted when they are in harmony with the general purposes and intent of the zoning ordinance
and consistent with the comprehensive plan.
Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a
variance, noted as follows:
• Effect of variance upon health, safety, and welfare of the community.
• Existing and anticipated traffic conditions.
• Effect on light and air, as well as the danger of fire and the risk to public safety.
• Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan.
• Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue
hardship or difficulty.
When considering a variance request, the Planning Commission must determine if these standards have
been met in granting a variance, and provide findings-of-facts to support such a recommendation to the
City Council. If the Planning Commission determines the Applicant has failed to meet these standards, or
has not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact
supporting a recommendation of denial must be determined.
As part of any variance request, Applicants are required to prepare and submit their own responses and
findings, which for this case, are noted below (in italic text), followed by a brief staff response:
1. Are there any practical difficulties that help support the granting of this variance? (“practical
difficulties” means the owner proposes to use the property in a reasonable manner not permitted
by City Code)
Applicant’s Response: Yes – When the lots on Dorset Rd were originally divided, they were set at an
angle to the street. However, the houses were built square to the street. Over time, the lots on either
side of the property and my own property, 5 Dorset Rd, began to use the lots as if they were square to
the street. My neighbor at 3 Dorset Rd agreed to file for a lot line adjustment with me to align the
property with how each property owner had been using the lot (e.g. to straighten the lot line square
to the street. In filing for a lot line adjustment with my neighbors at 3 Dorset Rd, we learned of the
requirement that each lot have 100 feet of frontage on the street. Because my neighbor located at 7
Dorset Rd is unwilling to file a similar lot line adjustment, my property would be short of the 100 feet
City Council | Wednesday, August 2, 2023 | Page 120 of 143
of frontage. The proposed lot line adjustment would leave 5 Dorset Road 15 feet short of the required
100 feet. The frontage of each property will continue to be mowed and maintained as it has been but
approval of this variance would allow the lot line adjustment to proceed even though 5 Dorset Rd will
not have the required amount of frontage to the street. The lot line adjustment represents a common
sense alignment of the line between 3 Dorset Rd and 5 Dorset Rd that accommodates an existing fence
line and square the property to the houses and the road.
Staff’s Response:
The subject property was platted in 1936 and was later developed with a single-family residential house
in 1951. When the property was platted the lot lines were not set perpendicular to the right-of-way line
which created irregular lot configurations on this portion of Dorset Road. As shown by the aerial, when
the homes were constructed in the 1950’s they were developed with the façade parallel to the right-of-
way rather than being developed equidistant between the lot lines. As a result, the side and rear yards
have been used by property owners as if they were regular in shape and size with perpendicular side-
yard property lines. By realigning the property line to be perpendicular it will create more clarity for
all current, and prospective, owners of the subject properties since best practices would suggest that lot
lines should be perpendicular to the right-of-way. The Applicant’s request to realign this property line
to create a more usable rear yard is a reasonable request. Staff confirms this standard is met.
2. The plight of the property owner is due to circumstances unique to the property, not created by
the property owner.
Applicant’s Response: Yes – As described in the answer to the previous question, the lot lines currently
appear to be crooked to the houses and the road. This variance would allow a common sense
adjustment of the lot line to square it to the road and would also align the property line to how the
property was being used by the residents of 3 Dorset Rd and the prior owner of 5 Dorset Rd having less
than the required 100 feet of frontage along the road.
Staff’s Response: The subject property was platted in 1936 and the home was developed on the lot in
1951. The home was constructed and positioned on the lot as if the side yard property line was
perpendicular to the road, and it is likely that at the time of construction it was assumed that the lot line
was in fact perpendicular since that is common practice. The development of the lot in 1951 is what set
the parameters and expectations of the property, which is why both properties (3 Dorset and 5 Dorset)
have used their backyards as if the lot line was perpendicular. This situation was not created by the
existing property owner, and the orientation of the lots in conjunction with their improvements create
a unique situation. Staff confirms that this standard is met.
3. The variance, if granted will not alter the essential character of the neighborhood.
Applicant’s Response: No – Because the use of the land will not be altered by this variance, it is unlikely
anyone would even notice the change.
Staff’s Response: The proposed variance will reduce the lot frontage of 5 Dorset Road by
approximately 15-feet. As viewed from the street, or surrounding neighborhood there will be no visible
change. Additionally, there are other lots within the Somerset View subdivision with lot frontage/width
between approximately 75-feet and 100-feet. The proposed resulting lot frontage is 85-feet, which is
consistent with the character of surround lots. Staff confirms that this standard is met.
4. Restrictions on Granting Variances.
The following restrictions should be considered when reviewing a variance:
a) Economic considerations alone do not constitute practical difficulties.
City Council | Wednesday, August 2, 2023 | Page 121 of 143
The purpose of this variance request is to align the property lines with the way the existing property
owners use their lots and land. Ultimately alignment of the property lines to create a more useable
backyard may increase the value of the subject property, is not the primary reason for this request.
b) Variances are only to be permitted when they are in harmony with the general purposes and
intent of the zoning ordinance and consistent with the comprehensive plan.
Staff finds that requested variance from the minimum lot frontage is consistent with surrounding
properties and land use. No additional lots are created as a result of this request, and the intent is to
align existing use with the legal property lines. As proposed, the requested variance is consistent
and in harmony with the existing R-1 zoning which designates this property for single-family
residential uses.
The subject property is designated as LR-Low Density Residential in the current 2040 Plan. Certain
land use goals and policies are noted below:
• Land Use Goal #2: Preserve, protect, and enrich the mature, fully developed residential
neighborhoods and character of the community.
• Housing Goal #1: Preserve and improve existing neighborhoods and housing units.
o Housing Policy #2: Explore options for flexibility in Zoning Code standards and encourage
reinvestment in existing houses
o Housing Policy #4. Support the maintenance and rehabilitation of the community’s existing
housing stock.
Other guiding principles in the comprehensive plan provide for maintaining, preserving, and
enhancing existing single-family neighborhoods. City Staff believes that the request for a variance
from the minimum lot width is consistent with the goals stated in the comprehensive plan as
referenced above.
ALTERNATIVES for ACTION
1. Recommend approval of the variance and the lot line adjustment, based on the attached findings-of-
fact and based on certain conditions; or
2. Recommend denial of the variance and lot line adjustment, based on the revised findings-of-fact that
the proposed minor subdivision and variance is not consistent with the City Code or Comprehensive
Plan and may have negative impact on the surrounding neighborhood and/or properties; or
3. Table the request, and request more information from the Applicant or city staff to be presented back
to the Planning Commission and the next regular meeting.
City Council | Wednesday, August 2, 2023 | Page 122 of 143
STAFF RECOMMENDATION
Staff recommends approval of the lot line adjustment and variance based on the attached findings of fact
supporting the request, with conditions noted as follows:
1. Applicants must record the Lot Line Adjustment (minor subdivision) at Dakota County indicating
the newly revised property descriptions for the resulting lots.
2. All transfer or deed documents which convey the portion of lands under the lot line adjustment and
lot split process shall be recorded with Dakota County.
City Council | Wednesday, August 2, 2023 | Page 123 of 143
FINDINGS OF FACT FOR APPROVAL
Minor Subdivision and Variance
5 Dorset Road and 3 Dorset Road
The following Findings of Fact are made in support of approval of the proposed Lot Split and Variance
from the minimum required lot width on 5 Dorset Road:
1. The proposed Lot Split will realign the shared side-yard property line between 5 Dorset Road and
3 Dorset Road to be perpendicular to the right-of-way.
2. The realignment of the property line will not create any additional density or new lots.
3. The resulting lots meet all other dimensional standards except for the minimum required lot
frontage.
4. The resulting lot frontage of 5 Dorset Road is approximately 85-feet, which represents a variance
from the standards by approximately 15-feet.
5. The resulting lot frontage of 85-feet is consistent with the neighborhood character, and other lots
within the subdivision typically range from 75 to 110 feet of frontage.
6. The proposed lot line adjustment is consistent with the Low Density Residential (LR) density
requirements and the resulting lot sizes are generally consistent with the existing conditions.
7. The Applicant demonstrated that practical difficulties exist related to the historic plat whereby the
side-yard lot lines were not set perpendicular to the road right-of-way.
8. The Applicant demonstrated that the property is unique given the configuration of the lot lines and
orientation of the existing homes.
9. Approval of the variance request and the lot line adjustment will not adversely impact the character
of the neighborhood.
10. That provided the conditions of approval are met, the resulting lots will comply with the intent and
purpose of the R-1 Zoning District and the LR land use designation.
City Council | Wednesday, August 2, 2023 | Page 124 of 143
Δ
DOR
S
E
T
R
O
A
D
Δ
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
Print Name
Signature
Date License Number
SCALE IN FEET
12730 182nd Street North | Scandia, Minnesota 55047
Phone: (651)433-0110 | Web: goersls.com
PETER GOERS
5/6/2023 44110
Lot 2, and the southwesterly 10 feet of Lot 1, Block 7,
SOMERSET VIEW, Dakota County, Minnesota.
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET
VIEW, Dakota County, Minnesota, lying
southwesterly of a line described as follows:
Commencing at the most westerly corner of said
Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the
northwesterly line of said Lot 1, a distance of 26.32
feet to the point of beginning of the line to be
described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the
southeasterly line of said Lot 2, and said line there
terminating.
1. This survey was prepared from legal descriptions
supplied and our in house records and may not
depict all easements, appurtenances or
encumbrances affecting the property.
2. The orientation of this bearing system is based on
the Dakota County Coordinate System, NAD83, 1986
adjusment.
3. All distances are in feet.
4. The area of the existing described property is
17,222 square feet or 0.40 acres. The area of the
proposed described property is 17,329 square feet
or 0.40 acres.
LEGEND
SURVEYOR'S NOTES
CERTIFICATE OF
SURVEY
DOUDA PROPERTY
5 DORSET ROAD
MENDOTA HEIGHTS
DAKOTA COUNTY - MINNESOTA
EXISTING LEGAL DESCRIPTION
REVISIONS: 5/6/23 Added proposed legal description and the
associated new property dimensions and notes.
DRAWN BY: PDG CHECKED BY: PDG
FIELD CREW: PDG FIELD DATE: 4/19/23
DATE ISSUED: 4/20/23 JOB NUMBER: 23-010
PROPOSED LEGAL DESCRIPTION
City Council | Wednesday, August 2, 2023 | Page 125 of 143
DOR
SE
T
R
O
A
D
Δ
Δ
Δ
I hereby certify that this survey, plan, or report was
prepared by me or under my direct supervision and
that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
Print Name
Signature
Date License Number
SCALE IN FEET
12730 182nd Street North | Scandia, Minnesota 55047
Phone: (651)433-0110 | Web: goersls.com
PETER GOERS
5/6/2023 44110
Lot 1, except the southwesterly 10 feet thereof,
Block 7, SOMERSET VIEW, Dakota County,
Minnesota.
Together with that part of vacated Burr Oak Avenue
accruing to said Lot 1 per Document No. 3547902.
Those parts of Lot 1 and Lot 2, Block 7, SOMERSET
VIEW, Dakota County, Minnesota, lying
northeasterly of a line described as follows:
Commencing at the most westerly corner of said
Lot 1; thence North 55 degrees 37 minutes 25
seconds East, assumed bearing along the
northwesterly line of said Lot 1, a distance of 26.32
feet to the point of beginning of the line to be
described; thence South 37 degrees 17 minutes 04
seconds East a distance of 177.42 feet to the
southeasterly line of said Lot 2, and said line there
terminating.
Together with that part of vacated Burr Oak Avenue
accruing to said Lot 1 per Document No. 3547902.
1. This survey was prepared from legal descriptions
supplied and our in house records and may not
depict all easements, appurtenances or
encumbrances affecting the property.
2. The orientation of this bearing system is based on
the Dakota County Coordinate System, NAD83, 1986
adjusment.
3. All distances are in feet.
4. The area of the existing described property is
20,504 square feet or 0.47 acres. The area of the
proposed described property is 20,397 square feet
or 0.47 acres.
LEGEND
SURVEYOR'S NOTES
CERTIFICATE OF
SURVEY
KIRBY PROPERTY
3 DORSET ROAD
MENDOTA HEIGHTS
DAKOTA COUNTY - MINNESOTA
EXISTING LEGAL DESCRIPTION
DRAWN BY: PDG CHECKED BY: PDG
FIELD CREW: PDG FIELD DATE: 4/19/23
DATE ISSUED: 5/6/23 JOB NUMBER: 23-010
PROPOSED LEGAL DESCRIPTION
City Council | Wednesday, August 2, 2023 | Page 126 of 143
July 10, 2023
City of Mendota Heights - Planning Commission
1101 Victoria Curve
Mendota Heights, 55118
Dear Planning Commission,
This letter signifies my intent to file for a variance to the R-1 zoning requirements, which require
a lot width of 100 feet, for my property at 5 Dorset Road. I am simultaneously filing for a lot line
adjustment jointly with my neighbors at 3 Dorset Road to align the property boundary with the
current use of the property along the common sense boundary between the houses. However,
approval of the lot line adjustment will result in my property being 116 feet along the back
boundary but 85 feet at the front boundary along the road. If granted, this variance would allow
for the lot line adjustment. This variance will not result in any changes to the appearance or use
of the property along the street.
Sincerely,
Jackie Douda
City Council | Wednesday, August 2, 2023 | Page 127 of 143
Variance Application (2019) Page 1 of 3
VARIANCE APPLICATION – CHECKLIST & RESPONSE FORM
Applications will be scheduled for consideration by the
Planning Commission and/or City Council only after all
required materials have been submitted. Application
submittal deadlines are available on the City’s website
or by contacting the City Planner. Late or incomplete
applications will not be put on the agenda.
Office Use Only:
Case #:_____________________
Applicant:____________________
Address:_____________________
The City Council may grant variances from the strict application of the provisions of the City
Code and impose conditions and safeguards in the variances so granted in cases where there
are practical difficulties in carrying out the strict letter of the regulations of the Code. "Practical
difficulties", as used in connection with the granting of a variance, means that the property
owner proposes to use the property in a reasonable manner not permitted by this chapter; the
plight of the landowner is due to circumstances unique to the property not created by the
landowner; and the variance, if granted, will not alter the essential character of the
neighborhood. Economic considerations alone do not constitute practical difficulties. Please
consider these requirements carefully before requesting a variance.
APPLICATION REQUIREMENTS:
Electronic and hard copies of all the required materials must be submitted according to the
current application submittal schedule.
Submit 1 electronic copy and 2 hard copies (full-size/to-scale) of all required plans.
The following materials must be submitted for the application to be considered complete:
Fee, as included in current Fee Schedule (check payable to City of Mendota Heights).
NOTE: Planning Application fees do not cover building permit fees, utilities, or other fees
which may be required to complete the project.
Completed Application Form(s).
Letter of Intent.
Required Plans.
APPLICANT MUST CHECK ALL APPLICABLE ITEMS INCLUDED IN THE SUBMITTAL
Sketch Plan (to-scale drawing or certified survey, if determined necessary):
Location and setbacks of all buildings on the property in question including both existing and
proposed structures.
Location of any easements having an influence upon the variance request.
Written consent and waiver of public hearing, in a form prescribed by the city, by the owners
of property within one hundred feet (100') of the boundaries of the property for which the
City Council | Wednesday, August 2, 2023 | Page 128 of 143
Variance Application (2019) Page 2 of 3
variance is requested, accompanied by a map indicating the location of the property in
question and the location of the property owners who have given consent; or, lacking such
consent, a list of names and addresses of the owners of property within one hundred feet
(100') of the boundaries of the property for which the variance is requested.
If topography or extreme grade is the basis on which the request is made, all topographic
contours shall be submitted.
If the application involves a cutting of a curb for a driveway or grading a driveway, the
applicant shall have his plan approved by the city public works director prior to construction.
Please complete the attached questions regarding your request.
Responses will be presented to the Planning Commission & City Council.
__________________________________________________________________
Please answer the following three questions as they relate to the variance request.
(Note: you may fill-in this form or create your own)
1.Are there any practical difficulties that help support the granting of this variance?
(Note: “practical difficulties" as used in connection with the granting of a variance, means that the
owner proposes to use the property in a reasonable manner not permitted by City Code. Economic
considerations along do not constitute a practical difficulty).
YES NO
Please describe or identify any practical difficulties and/or how you plan to use the property
in a reasonable manner below:
X
When the lots on Dorset Rd were originally divided, they were set at an angle to the street.
However, the houses were built square to the street. Over time, the lots on either side of
the property and my own property, 5 Dorset Rd, began to use the lots as if they were
square to the street. My neighbor at 3 Dorset Rd agreed to file for a lot line adjustment with
me to align the property with how each property owner had been using the lot (e.g., to
straighten the lot line square to the street). In filing for a lot line adjustment with my
neighbors at 3 Dorset Rd, we learned of the requirement that each lot have 100 feet of
frontage to the street. Because my neighbor located at 7 Dorset Rd is unwilling to file a
similar lot line adjustment, my property would be short of the 100 feet of frontage. The
proposed lot line adjustment would leave 5 Dorset Road 15 feet short of the required 100
feet. The frontage of each property will continue to be mowed and maintained as it has
been, but approval of this variance would allow the lot line adjustment to proceed even
though 5 Dorset Rd will not have the required amount of frontage to the street. The lot line
adjustment represents a common sense alignment of the line between 3 Dorset Rd and 5
Dorset Rd that accommodates an existing fence line and squares the property line to the
houses and the road.
City Council | Wednesday, August 2, 2023 | Page 129 of 143
Variance Application (2019) Page 3 of 3
2.Are there any circumstances unique to the property (not created by the owner) that
support the granting of this variance?
YES NO
Please describe or identify any unique circumstances below:
3.If the variance was granted, would it alter the essential character of the
neighborhood?
YES NO
Why or Why Not? Please explain how the request fits with the character of the neighborhood.
The City Council must make affirmative findings on all of the criteria listed above in order
to grant a variance. The applicant for a variance has the burden of proof to show that all
of the criteria listed above have been demonstrated or satisfied.
X
As described in the answer to the previous question, the lot lines currently appear to be
crooked to the houses and the road. This variance would allow a common sense adjustment
of the lot line to square it to the road and would also align the property line to the how the
property was being used by the residents of 3 Dorset Rd and the prior owner of 5 Dorset Rd.
The variance is required because the adjustment will result in the property at 5 Dorset Rd
having less than the required 100 feet of frontage along the road.
X
Because the use of the land will not be altered by this variance, it is unlikely anyone would
even notice the change.
City Council | Wednesday, August 2, 2023 | Page 130 of 143
Request for City Council Action
DATE: August 2, 2023
TO: Mayo r, City Council and City Administrator
FROM: Jennifer Haskamp, AICP, Interim Planning Services
SUBJECT: Resolution No. 2023-45 Approving a Conditional Use Permit at 1924 Coventry
Court [Planning Case No. 2023-12]
INTRODUCTION
The City Council is asked to consider adopting a resolution of approval for a Conditional Use
Permit at 1924 Coventry Court as proposed by the Applicants and Owners Tim and Barb Lemke.
BACKGROUND
The subject property is located on the terminus of Coventry Court and is oriented north-south with
the front property line abutting the right-of-way. The lot was developed with a single-family home
in 1989 that included an attached 3-car garage. The existing garage is approximately 870 square
feet. The Applicant is proposing to expand the garage by approximately 400 square feet which will
result in a total attached garage area of approximately 1,300 square feet. Per City Code, attached
garages between 1,200 and 1,500 square feet are permitted provided a conditional use permit is
obtained.
At the July 25, 2023 Planning Commission meeting, a planning report was presented, a duly
noticed public hearing was held, and comments from property owners were received and recorded
into the public record. A copy of the 7/25/2023 planning report including the project plans are
attached to this memo.
The City received one inquiry regarding the application, but stated not objectives to the proposed
project.
RECOMMENDATION
The Planning Commission recommended approval of the request unanimously as described in
Planning Case 2023-12, for the property located at 1924 Coventry Court with findings-of-fact to
support approval and certain conditions, as memorialized in the attached [draft] resolution.
ACTION REQUESTED
City Council may affirm the recommendation from the Planning Commission by adopting
RESOLUTION NO. 2023-45, APPROVING A CONDITIONAL USE PERMIT AT 1924
COVENTRY COURT
9cCity Council | Wednesday, August 2, 2023 | Page 131 of 143
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023-45
RESOLUTION APPROVING CONDITIONAL USE PERMIT AT 1924 COVENTRY
COURT [PLANNING CASE NO. 2023-12]
WHEREAS, Tim and Barb Lemke made an application for a Conditional Use Permit as
proposed under Planning Case No. 2023-12, for the property located at 1924 Coventry Court, as
described in Exhibit A; and
WHEREAS, the subject property is guided Low Density Residential in the 2040
Comprehensive Plan, situated in the R-1 One Family Residential District; and
WHEREAS, Title 12-1D-3 Accessory Structures establishes that attached private garages
between 1,200 and 1,500 square feet are required to obtain a conditional use permit; and
WHEREAS, Title 12-1L-6 of the City Code (Zoning Ordinance) establishes the process
and criteria for obtaining a conditional use permit; and
WHEREAS, on July 25, 2023 the Mendota Heights Planning Commission conducted a
public hearing on the proposed Conditional Use Permit application, and whereupon closing the
hearing, recommended unanimously to approve the Conditional Use Permit for the subject
property, with certain conditions and find-of-fact to support said approval.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council, that
the recommendation from the Planning Commission on Planning Case No. 2023-12 is hereby
affirmed, and the Conditional Use Permit requested for the property located at 1924 Coventry
Court, is approved based on the following findings-of-fact.
1. The proposed garage expansion will allow for the continued use of the property for single-
family and supporting accessory uses.
2. The proposed garage expansion does not alter or change the existing single-family use of
the property.
3. The proposed garage expansion meets the definition of private garage per the City Code.
4. Provided the conditions of approval are met, the proposed garage expansion will not
adversely impact or affect health, safety or welfare of the surrounding neighborhood.
5. The proposed garage expansion will be compliant with all other standards and conditions
included in the City Code and State Building Codes.
6. The proposed garage expansion represents an investment in a residential neighborhood
which is consistent with the Comprehensive Plan’s goals for residential land uses.
City Council | Wednesday, August 2, 2023 | Page 132 of 143
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
Conditional Use Permit requested for the property located at 1924 Coventry Court is hereby
approved, with the following conditions:
1. The proposed expansion of the existing attached garage must comply with the Applicant’s
submitted plans dated June 28, 2023.
2. The proposed expansion shall be constructed in compliance with all applicable and other
City Code and Minnesota State Building Codes.
3. The applicant shall obtain a building permit prior to commencement of any site activities
or construction.
4. All grading and construction activities as part of the proposed development shall be in
compliance with applicable federal, state, and local regulations and codes, as well as in
compliance with the City’s Land Disturbance Guidance Document.
5. Residential construction hours are 7:00 AM to 8:00 PM on weekdays, and 9:00 AM to
5:00 PM on weekends. These work hours shall be strictly adhered to by the Applicant
and all contractors working on the property.
6. Approval of the conditional use permit is contingent upon City Council approval.
Adopted by the City Council of the City of Mendota Heights this 2nd day of August 2023.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Stephanie B. Levine, Mayor
ATTEST:
________________________________
Christine Lusian, City Clerk
City Council | Wednesday, August 2, 2023 | Page 133 of 143
EXHIBIT A
Property Address: 1924 Coventry Court
PIN: 27-72700-02-060
LOT 6 BLOCK 2 OF THE STRATFORD WOODS SUBDIVISION
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Planning Staff Report
MEETING DATE:
TO:
FROM:
SUBJECT:
July 25, 2023
Planning Commission
Jennifer Haskamp, AICP - SHC
Planning Case 2023-12
CONDITIONAL USE PERMIT for Attached Garage Expansion
APPLICANT: Tim and Barb Lemke
PROPERTY ADDRESS: 1924 Coventry Court
ZONING/GUIDED: R-1 One-Family Residential/LR Low Density Residential
ACTION DEADLINE: October 26, 2023
INTRODUCTION
The Applicants are seeking a Conditional Use Permit (CUP) to permit the expansion of their existing
attached private garage. If the proposed expansion is approved, the total garage square footage will be
approximately 1,300 square feet.
A public hearing notice for this item was published in the Pioneer Press and notice letters were mailed to
all surrounding properties within 350-feet of the subject property. One member of the public made an
inquiry regarding the proposed project.
BACKGROUND
The subject property is located on the terminus of
Coventry Court and is oriented north-to-south. The
front façade of the home faces north and the existing
attached garage is accessed from a driveway that
connects to the cul-de-sac.
(See Map for lot orientation and configuration)
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The existing home includes an attached three (3) car garage which was constructed in 1989. As shown on
the applicant’s plans, the existing garage is approximately 870 square feet (see street view below).
City Code Section 12-1D-3: Accessory Structures, subsection C.1.b.(1)(B) stipulates that the size of
attached private garages, “More than one thousand two hundred (1,200) up to one thousand five hundred
(1,500) square feet is allowed via a conditional use permit.”
The Applicant is proposing to add onto the existing garage, adding a small area to the front (north elevation)
resulting in a total garage area of approximately 1,300 square feet. As proposed, the front yard setback will
be approximately 35-feet from the front yard line and approximately 16-feet from the side yard line. As
proposed, the garage addition complies with the minimum yard setback requirements.
Since the proposed project will result in a garage area that is between 1,200 square feet and 1,500 square
feet and Conditional Use Permit is required.
CONDITIONAL USE PERMIT
Pursuant to Title 12-1L-6, the city recognizes that the development and execution of Zoning Code is based
upon the division of the city into districts within which regulations are specified. It is further recognized
that there are special or conditional uses which, because of their unique characteristics, cannot be properly
classified in any district or districts without consideration, in each case, of the impact of those uses on
neighboring land or the public need for the particular location.
To provide for these needs, the city may approve a conditional use for those uses and purposes, and may
impose conditions and safeguards in such permits to ensure that the purpose and intent of this chapter is
effectively carried out.
The City may grant a conditional use provided the proposed use demonstrates the following:
a) Use will not be detrimental to the health, safety or general welfare of the community,
b) Use will not cause serious traffic congestion nor hazards,
c) Use will not seriously depreciate surrounding property value, and
d) Use is in harmony with the general purpose and intent of this chapter and the comprehensive plan.
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A. The proposed use will not be detrimental to the health, safety or general welfare of the
community; will not cause serious traffic congestion or hazards; nor depreciate surrounding
property value.
Staff Response: The proposed project is to expand the existing attached garage by approximately 470
square feet. The proposed expansion will result in a slight adjustment to the façade of the existing home
(north) which will be visible from the public right-of-way, and to expand the garage on the south side
of the home. The proposed northern expansion area will not alter or impact the height of the structure,
and it is designed to be consistent with, and compatible with, the principal structure façade. The
proposed expansion is intended to support the existing single-family use of the property and will
provide additional personal storage for the homeowner. As designed and shown on the Applicant’s
submission, the proposed addition will blend in with the existing architectural design, meets all required
setbacks and other dimensional standards of the R-1 zoning district, and will have no adverse impact
to traffic or surrounding property values.
B. The proposed use conforms to the general purpose and intent of the city code and comprehensive
plan, including all applicable performance standards, so as not to be in conflict on an on-going
basis.
Staff Response:
The Applicant is proposing to use the expanded garage area for storage of personal items and vehicles.
Section 12-1D-3 defines a private garage as, “A detached accessory building or of the principal
building, including a carport, which is used primarily for storing passenger vehicles, trailers…” As
stated in the Applicant’s letter of intent, the purpose of the expansion is to allow for more personal
storage, which is consistent with the City Code definition and meets the purpose and intent of the R-1
zoning code. The subject property is guided Low Density Residential (LR) in the City’s comprehensive
plan, which establishes that use of property should generally be for single-family residential and
supporting accessory buses. The proposed expansion will not alter or change the use of the structure or
the private garage area and is consistent with the city’s adopted comprehensive plan.
REQUESTED ACTION / ALTERNATIVES
Following the public hearing and discussion, the Planning Commission may consider one of the following
actions:
1. Recommend APPROVAL of the Conditional Use Permit (CUP) to allow for the expansion of the
existing attached private garage as shown on the Applicant’s submission dated June 28, 2023.
2. Recommend DENIAL of the Conditional Use Permit (CUP) to expand the existing attached private
garage , with specific findings of facts determined by the Planning Commission that support such
a recommendation of denial; or
3. Table the requested planning application item, direct staff or the applicant to provide additional
information (if needed); and allow this item to be brought back for further review at a future
planning commission meeting; and extend the application review period an additional 60 days,
pursuant to MN State Statute 15.99.
RECOMMENDATION
Staff recommends approval of the conditional use permit for the expansion of the existing attached garage
located at 1924 Coventry Court, based on the findings of fact of support, subject to the following conditions:
1. The proposed expansion of the existing attached garage must comply with the Applicant’s submitted
plans dated June 28, 2023.
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2. The proposed expansion shall be constructed in compliance with all applicable and other City Code
and Minnesota State Building Codes.
3. The applicant shall obtain a building permit prior to commencement of any site activities or
construction.
4. All grading and construction activities as part of the proposed development shall be in compliance with
applicable federal, state, and local regulations and codes, as well as in compliance with the City’s Land
Disturbance Guidance Document.
5. Residential construction hours are 7:00 AM to 8:00 PM on weekdays, and 9:00 AM to 5:00 PM on
weekends. These work hours shall be strictly adhered to by the Applicant and all contractors working
on the property.
6. Approval of the conditional use permit is contingent upon City Council approval.
ATTACHMENTS
1. Letter of Intent
2. 1st Floor Plan (Applicant’s submission)
3. Elevation (Applicant’s submission)
City Council | Wednesday, August 2, 2023 | Page 138 of 143
FINDINGS OF FACT FOR APPROVAL
Conditional Use Permit for
1924 Coventry Ct.
The following Findings of Fact are made in support of approval of the proposed request:
1. The proposed garage expansion will allow for the continued use of the property for single-family
and supporting accessory uses.
2. The proposed garage expansion does not alter or change the existing single-family use of the
property.
3. The proposed garage expansion meets the definition of private garage per the City Code.
4. Provided the conditions of approval are met, the proposed garage expansion will not adversely
impact or affect health, safety or welfare of the surrounding neighborhood.
5. The proposed garage expansion will be compliant with all other standards and conditions included
in the City Code and State Building Codes.
6. The proposed garage expansion represents a investment in a residential neighborhood which is
consistent with the Comprehensive Plan’s goals for residential land uses.
City Council | Wednesday, August 2, 2023 | Page 139 of 143
6/28/23
Jennifer Haskamp, Community development Director
Mendota Heights Planning Commission
I am applying for a conditional use permit as I am proposing to add to the front and back of my attached
garage.
As proposed, It will be 100 sf +/- over size allowed per city code. (1300sf vs 1200sf allowed).
The additions will be well within the required setbacks (40’ +/- to street vs 30’ allowed & 16’ to side yard
setback vs 10’ allowed)
I want additional storage/garage area so I can store my snowmobile & 4-wheeler at home vs off site.
Thank You
Tim & Barb Lemke
1924 Coventry Court
Mendota heights, Mn 55118
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