2018-04-17 Council PacketCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
April 17, 2018 – 7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approval of April 3, 2018 City Council Minutes
b. Approval of the April 3, 2018 Council Work Session Minutes
c. Acknowledge February 13, 2018 Parks and Recreation Commission Meeting Minutes
d. Acknowledge March 1, 2018 Parks and Recreation Commission Work Session Minutes
e. Authorize 2017 Auditing Services with BerganKDV
f. Approval of Communications Coordinator Job Description and Position Posting
g. Approve 2018 Workers Compensation Insurance Renewal
h. Authorize MHAA Temporary Fence at Valley Park
i. Approve Resolution 2018-33 Approving a Temporary Permit to MnDOT
j. Approve Resolution 2018-31 Update Fund Balance Policy
k. Approve Training Request for City Administrator
l. Approve Dakota Communications Center Management Control Agreement
m. Approve Resolution 2018-30 Cancellation of The Village Lots Letter Of Intent
n. Approve the Purchase of Two Pickup Trucks for the Public Works Department
o. Authorize Purchase of Tractor Loader for Public Works Department
p. Acknowledgement of the March Building Activity Report
q. Approval of Claims List
6. Citizen Comment Period
*See guidelines below
7. Public Hearings - none
8. New and Unfinished Business
a. Discuss Format for the May 9, 2018 Joint City Council/Parks and Recreation Work Session
b. Approve Resolution 2018-32 to Comply with District Court Ruling on the Preliminary Plat of
Orchard Heights
9. Community Announcements
10. Council Comments
11. Adjourn
Guidelines for Citizen Comment Period: “The Citizen Comments section of the agenda
provides an opportunity for the public to address the Council on items which are not on the
agenda. All are welcome to speak.
Comments should be directed to the Mayor. Comments will be limited to 5 minutes per person
and topic; presentations which are longer than five minutes will need to be scheduled with the
City Clerk to appear on a future City Council agenda. Comments should not be repetitious.
Citizen comments may not be used to air personal attacks, to air personality grievances, to
make political endorsements, or for political campaign purposes. Council members will not
enter into a dialogue with citizens, nor will any decisions be made at that presentation.
Questions from the Council will be for clarification only. Citizen comments will not be used as
a time for problem solving or reacting to the comments made, but rather for hearing the
citizen for information only. If appropriate, the Mayor may assign staff for follow up to the
issues raised.”
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 3, 2018
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 Garlock called the meeting to order at 7:00 p.m. Councilors Paper, Miller, and Petschel were also
present. Councilor Duggan was absent.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Garlock presented the agenda for adoption. Councilor Petschel moved adoption of the agenda.
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
CONSENT CALENDAR
Mayor Garlock presented the consent calendar and explained the procedure for discussion and approval.
Councilor Petschel moved approval of the consent calendar as presented and authorization for execution
of any necessary documents contained therein, pulling items h) Approve Resolution 2018-28 Supporting
Dakota County Request for State Bond Funding for the Safety and Mental Health Alternative Response
Training Center.
a. Approval of March 20 , 2018 City Council Minutes
b. Acknowledge the February 27, 2018 Planning Commission Meeting Minutes
c. Approve Purchase of Installation Enhanced Visibility Pedestrian Crossing Signs
d. Approve No Loss Determination for the Ivy Hills Park Pond
e. Approve Resolution 2018-26 Final Payment and Acceptance of the 2017 Sanitary Sewer
Rehabilitation Project
f. Approve Joint Powers Agreement with Dakota County for Electronic Pollbooks
g. Approve Ordinance 521 Moratorium on Massage Establishment and Therapist Licenses
h. Approve Resolution 2018-28 Supporting Dakota County Request for State Bond Funding for the
Safety and Mental Health Alternative Response Training Center
i. Approve Training Request for the Police Department
j. Update on the City’s 2017-18 Goals
k. Acknowledge February 2018 Fire Synopsis
l. Approval of February 2018 Treasurer’s Report
m. Approval of Claims List
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
PULLED CONSENT AGENDA ITEM
H) APPROVE RESOLUTION 2018-28 SUPPORTING DAKOTA COUNTY REQUEST FOR STATE
BOND FUNDING FOR THE SAFETY AND MENTAL HEALTH ALTERNATIVE RESPONSE
TRAINING CENTER
Councilor Petschel asked Chief of Police Kelly McCarthy to explain this request. Chief McCarthy
stated that the law enforcement and fire agencies of Dakota County would like to consolidate their
resources and create this SMART training center in Inver Grove Heights. There is a newer law that
dictates that 16 hours of officer training must be spent in de-escalation and crisis intervention. Currently,
the leading provider of that training (Minnesota Crisis Intervention Team) does not have a home base.
The Sheriff’s office has proposed to create this center to house the Minnesota CITs so they can utilize
the space for training. The county could also place other shared resources here, such as the Drug Task
Force and the Electronics Crime Unit. This would help the force, not only with their crisis intervention
training, but with other training needs.
Councilor Petschel stated that the partnership the city has with the Dakota County Sheriff’s Department
is very important. The issue with the Electronic Crimes Task Force is the lack of space. She stated that
this is not just about Dakota County but is very much about the City of Mendota Heights.
Councilor Petschel moved to adopt Resolution 2018-28 Supporting Dakota County Request for State
Bond Funding for the Safety and Mental Health Alternative Response Training (SMART) Center
Mayor Garlock seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
PUBLIC COMMENTS
Mr. Robert Dietrich, 2178 Lemay Lake Drive, stated that over the past couple of years there has been a
bias with the Planning Commission and the City Council towards spot zoning and high density
development. This appears to be in conflict with the needs and the desires of the citizens of Mendota
Heights. At the last Planning Commission meeting, no residents in attendance were in favor of the high
density PUD’s that have been going up in the last couple of years. One of the most frequent issues that
came up in the meeting was in relation to traffic and infrastructure. There was concern about the current
stressed nature of our roads and infrastructure. The traffic study that was completed was revealing. There
are some much stressed traffic areas. To add additional high density housing with no change to
infrastructure, specifically roadways, is creating more problems in an already stressed situation.
So if the Planning Commission and the Council still feel that these high density developments are
necessary for Mendota Heights, the case should be made and endorsed by the citizens and made as part of
the Comprehensive Plan. Residents utilize the Comprehensive Plan as a guide when making major
financial decisions on where to move, what house to purchase, where to live in Mendota Heights.
Mr. Bernard Friel, 750 Mohican Lane, stated that he believes the city is going to find out what a
monumental error it was to permit the development in The Plaza of 138 new housing units, that can only
be exited on one public street and a private roadway. This will be compounded with the Viking
development traffic. He said that fire protection will be in jeopardy.
Ms. Julie Schnell, 2354 Lemay Shores Drive, stated she loves her neighborhood and her home. She feels
ashamed as she was completely oblivious to the Michael’s Development and The Plaza development. She
is against this. She believes Mendota Heights to be a gem and is so grateful to be a part of the community.
Ms. Cindy Mullan, 2170 Lemay Lake Drive, stated she was disappointed by the spot zoning that is going
on. They moved here for the green space and quality of life. There is a trail system that crosses Highway
13 that she walks. She has to wait a long time to cross Highway 13 because of the curve in the road and
the speed zones are not adhered to. She stated there has been no thought to the trail system nor to the green
space.
Mr. Tom Hanschen, 2158 Lemay Lake Drive, stated that he is in favor of the Michael Development;
however, he said that it should be in Eagan.
Mr. Brad Wallace, 715 Linden Street, explained that he just attended the Council’s work session. In
regards to the vacant lot at Maple Street in The Village, he thanked the Council for talking about discussing
the usage of the vacant lots with the merchants and the neighbors as he believes this to be important. He
would like to see The Village be successful. Having amenities adds to the quality of life here.
He expressed his appreciation when the Council pushed back on the Orchard development and gave the
developer many opportunities to create something that would fit the neighborhood. The neighborhood in
The Village would ask the Council to adhere to the same criteria. The neighborhood would get on board
with something that would fit the area.
PRESENTATIONS
No items scheduled.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) RESOLUTION 2018-29 APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT
PLAN –AND – ACCEPTING FINDINGS AND RECOMMENDATIONS FROM THE
PLANNING COMMISSION REGARDING THE MENDOTA HEIGHTS APARTMENTS
PLANNED UNIT DEVELOPMENT (REF. PLANNING CASE NO. 2018-09)
Community Development Director Tim Benetti explained that the Council was being asked to consider
and adopt a resolution approving an Amendment to the Final Development Plan, and accepting
additional findings and recommendations from the Planning Commission regarding the Mendota
Heights Apartments Planned Unit Development (PUD).
Mr. Benetti provided background on the subject project by noting the property’s general location, the
previous zoning, and the steps taken by the Planning Commission and the City Council up to this point
in time:
• August 22, 2017 – Planning Commission recommended unanimous approval to rezone the
properties from B-3 General Business to HR-PUD – High Density Residential Planned Unit
Development; Preliminary Plat of “Mendota Heights Apartments”; Conditional Use Permit; and
a Wetlands Permit (vote 6-0)
• September 5, 2017 – City Council adopted Resolution 2017-69 approving the Rezoning,
Preliminary Plat, and Wetlands permit (vote 3-2)
• November 2017 – several city residents initiated a lawsuit against the city relating to the City
Council’s approval of the development. Attorneys representing the city recommended that the
Council adopt an additional resolution reaffirming its previous approvals and whether the
proposed PUD met the standards for a PUD development of less than 10 acres
• January 2018 – City Council adopted Resolution 2018-01, which reaffirmed and adopted
additional findings relating to the approval of a Comprehensive Plan Amendments, Rezoning,
CUP, and Preliminary/Final Plat; adopted specific findings setting for the basis for the decision;
and confirmed that the site no longer needed or required a Wetlands Permit due to the changes
made by the developer
• February 2018 – Both sides appeared before Dakota County District Court Judge Michael Baxter
and presented their arguments; Judge Baxter had asked if the Planning Commission was required
to review and comment on the matters addressed in Resolution 2018-01 (staff and city attorneys
do not believe that the Planning Commission consideration was required). Because Mr. Swenson
is now requesting an amendment to the Final PUD Plan, staff requested the Planning
Commission to review and comment on the matters addressed by the City Council in Resolution
2018-01.
The PUD was approved as two 70-unit apartment buildings. Phase 1 would be on the south side where
the motel was sited and Phase 2 would be on the previous Larsen Greenhouse space. 270 parking spaces
were planned – some underground and some on the surface – with a single divided access point off of
Highway 13 with a right-hand turn lane as part of the Minnesota Department of Transportation
(MnDOT) recommendation.
The amended Final Planned Unit Development under consideration would decrease the distance
between the two buildings from 60.7 feet to 47 feet. This would result in the Phase 2 development
footprint being reduced by approximately14 feet in distance between the buildings, or just over 1,000
square feet in area. The amendment also removes 13 parking spaces in the Phase 1 section, which would
provide for more green space. These parking spaces would be put into a ‘proof of parking’, meaning if
there is ever a need for additional parking, or the site stops meeting its parking demands, those spaces
could be returned. They would also be taking out the closest access point and re-establishing all of the
curb-gutter sections around that new parking area. In Phase 2, they would remove 14 surface parking
spaces and 4 underground parking spaces and re-establish the curb-gutter sections.
This amended plan results in the possible reduction of from two to six units. However, the developer is
still in the process of redesigning the interior floor plans. The reduction in parking spaces resulted in a
total of 239 spaces or a 1.73/unit ratio, down from the original 1.98/unit ratio. The impervious surface
would decrease from the original 50% to 45.5%.
Staff had asked the Planning Commission to provide comments and recommendations regarding the
resolution that was adopted by City Council on January 2, 2018. The Commission was also asked to
reaffirm the August 22, 2017 recommendation for the rezoning of the subject site from B-3 General
Business, to HR-PUD High-Density Residential Planned Unit Development.
Mr. Benetti shared the five standards that must be met for a PUD under 10 acres but more than 5 acres:
determined to be an “infill type development”; will not require any wetlands permit; will not require any
critical area variance; will not increase traffic or parking estimates above the level reasonably estimated
for a permitted use for the project area’s size in the zoning district in which it is situated [B-3 General
Business]; provides a landscaped buffer around the perimeter of the entire project area unless expressly
waived by the Council.
Mr. Benetti stated that the Planning Commission reaffirmed that the project met the definition of an in-
fill type development; does not require a Wetlands Permit; does not require a Critical Area Permit;
impacts to the increased traffic and parking estimates for the project would be less than those estimated
for a typical permitted use under the original B-3 district (as shown in the independent traffic study
report from WSB Engineering submitted in January); and that the proposed landscape and buffer plan
was acceptable. The Planning Commission also determined and affirmed that the City Council did act
conservatively in exercising its discretion to permit a planned unit development under 10 acres.
Mr. Benetti also confirmed that the Planning Commission stated that the PUD remains an appropriate
use of this land; the PUD was found to be an acceptable redevelopment plan; the PUD was found to be
an effective unified treatment; and the PUD would harmonize with the existing and proposed
developments in the area surrounding. The Planning Commission reaffirmed their decision that the
rezoning from B-3 to HR-PUD is appropriate.
At the March 27, 2018 meeting, the Planning Commission recommended unanimously for the approval
of the amendment to the Final Development Plan. They also agreed to find that the proposed
development meets the criteria under City Code Section 12-1K-2.B for the under 10 acre size limitation.
Also, the Planning Commission reaffirmed its August 22, 2017 recommendation.
Councilor Miller commented by providing a definition of ‘arbitrary’ and ‘capricious’ as an act of doing
something solely according to ones will rather than being guided by facts, policy, or good judgment.
This is where he feels the Council is right now. The question is how it got here. He believes the Council
got here by dancing around and completely disregarding its own ordinances as a means to an end. He
provided the following as a few of the many examples:
• An updated and adjusted grading and utility plan approval
o It did not appear to him that the Planning Commission nor the Council had been asked to
approve this and it is something that Section 12-1K-2.B requires. This is something the
Council should be hyper-vigilant on, especially considering its proximity to Lake Lemay
and the travesty that has become Lake Augusta – due to poor grading and erosion
oversight on that lake.
• The June 29th MnDOT traffic letter addressed some concerns that MnDOT had regarding traffic.
o This was sent to the city and staff but was not disseminated at the August public hearing.
That is a critical piece of information because it speaks to the narrative of this project.
The Council wants to be forthright and allow people to know this is what is wanted and
why.
• Conservative pursuit when exercising discretion
o One of the thresholds that must be had when pursuing this very project
o Many people in the room have decided that this phrase means the Council is free to
multiply, by a factor of three, the acceptable amounts of units allowed in an HR-PUD. To
him this is the very opposite of ‘conservative’
• The litany of follow-ups, affirmations, findings, and fixes during this process since the city found
out about the lawsuit
o If this project is truly the right thing for this space, then why have there been so many
meetings to discuss this. It appears that the Council is spinning its wheels.
o It appears that what the Council is now being asked to do is to “approve the approval of
the Planning Commission’s approval of what the Council has already approved back on
January 2, 2018”.
Councilor Miller stated that Councilor Duggan is in Arizona and not in attendance; however, he sent the
following note that reads:
“After reading several Planning Staff Reports on this project, as well as the several staff requests for
Council action, having watched the video of the two public hearings before our Planning Commission,
and participated in the discussions at our Council meetings, I find that this project located where all of
the nearby properties are single-family dwellings, its scale is inappropriate to the existing terrain and to
surrounding land uses. Its appearance will be out of character with all of the properties in the
neighborhood. Furthermore, realtors estimate that it will diminish the value of the nearby residential
properties by 10%-15%. It is an example of ‘spot zoning’.
It will produce over 1,000 vehicle movements per day; thereby contributing to already existing serious
traffic problems on Highway 13 and will be productive of increased accidents both because of increased
traffic density and impaired sight lines at the intersection of Acacia Drive and Highway 13. It will
seriously diminish pedestrian safety for those wishing to be accessing the off-leash dog park, Pilot Knob
Historical Park off of Highway 13, and the traffic increase will generate more pollution and decrease air
quality.
Because it is three stories high, the residents will experience greater traffic noise from the air – this being
one of the highest air traffic zones in the city – and because it is three stories, the upper story will also be
impacted by the traffic noise on Highway 13 that would otherwise be blocked by the 18-foot deep trench
which Highway 55 is situated in and its location.
The project’s impervious surface exceeds over 80% of what is permitted. The estimated parking and
traffic estimates for this site do not meet the respective limits for this site prescribed by city ordinance
under which this project is authorized. There is no public transportation nearby, no convenience store,
drug store, or other service facility within walking distance. In fact, this site’s walking score – on a scale
of 1 – 10 – is four, according to walkscore.com. Automobile travel is the only and simplest way of
running errands. It is isolated from services.
The project’s architect asserts that it will be rental units for seniors, yet the developer asserts that it is
built for those that are 25 to 50 years in age. Its location is inconsistent with long-term city plans, the
project run-off will impair further the water quality of nearby Lemay and Augusta Lakes, and it is not ‘in-
fill’ property as required by city ordinance. The approval of this project is arbitrary, capricious,
unreasonable, and an abuse of discretion; particularly where the authorizing ordinance mandates to
Council to exercise that discretion conservatively.
I reaffirm my previous no votes for the forgoing reasons, all of which are substantiated for the record
before this Council.”
Councilor Miller stated he concurred with Councilor Duggan’s comments.
Councilor Paper had no additional comments to make other than the ones he has already provided.
Councilor Petschel noted that her comments and opinions have already been noted for the record.
Mayor Garlock opened the floor for comments from the public. He requested that the rules for public
comments be followed.
Ms. Julie Schnell, 2354 Lemay Shores Drive, stated that she did not know what Councilor Petschel’s
opinion was as she missed previous meetings. She moved to the area to be closer to her handicapped
son. She appreciated Councilor Miller’s comments about the pollution and the airplane noise. She also
noted that the bus company situated right behind their neighborhood is honking horns at 6:30 in the
morning.
Mr. Dan Bonk, 2346 Lemay Shores, commended Councilor Duggan on the letter he wrote and the
comments that Councilor Miller made as they sum up what the residents have to say.
Mr. Bernard Friel, 750 Mohican Lane, reiterated why the lawsuit against this project was started. The
original plaintiffs in the lawsuit found it outrageous that the Council and the Planning Commission
would look at the ordinance, which states very plainly that you could not have this PUD if it required a
Wetlands Permit, and they approved the project and authorized a Wetlands Permit. The Council
undertook to correct that deficiency by getting a change made in the grading and utility plan so that they
no longer required the Wetlands Permit. However, in the process, the plaintiffs discovered some other
infirmities that have already been covered in prior comments.
The thing that he found most bizarre is that with the matter pending in court for a decision, the Council
would undertake to have further public hearings on this matter.
Ms. Jill Smith, 625 Hampshire Drive, stated that one of the things that has been overlooked is the
underlying conditions of R-3 zoning for the HR-PUD. She read something directly out of the 2030
Comprehensive Plan which she believed to be applicable at this time:
“The HR-PUD District is intended to provide the opportunity to develop a Planned Unit Development of a
nature and intensity equivalent to the R-3 zoning district. The permitted conditional and accessory uses in
this district are the same as those for the R-3 district”.
She stated that this development does not come close to those standards.
Mr. Al Fotsch, 2126 Lake Augusta Drive, noted he lives on Augusta Lake. He built his home in 2002
and his grandchildren at that time could play and fish in the lake. Last year, his association contributed
to treating the lake to clean it up. Then they received notice that they cannot even touch the water
because it is polluted. They have a wetlands buffer that prevents them from doing anything within 100
feet of Augusta Lake. However, a new development was allowed to come in and they were approved all
of the way down to the lake. He questioned whether the Council cared about the environment.
Mr. Ben Delwiche, architect with Kaas Wilson Architects, came forward wishing to address items that
came up; some of which he had addressed before.
Noise Provisions – this has never come up until now. The developer has followed strict guidelines from
the Metropolitan Airport Commission and has put in premium windows to mitigate airplane noise.
Stormwater Runoff – The developer has worked with the city engineering staff to provide a plan that not
only meets code requirements, but exceeds them. Based on what he has seen, this site will function a
whole lot better than the existing developments are currently doing for the lake. They are following all
guidelines to make sure they are within state building codes regulations.
Councilor Miller asked what the status was for the sanitary sewer system. What he had understood was
they were going to use the existing one as opposed to putting in a new one. Mr. Delwiche replied that he
would have to defer to Public Works Director Ryan Ruzek on the technical engineering issues.
However, in response to the Wetland Permit issue, they had always provided information that they
would tap into the existing storm sewer and wished to quantify that revision that was made based on
clarification. Basically they decided to tap into a pipe five to ten feet up from where they had originally
proposed, which is outside of the wetlands permit area.
Mr. Ruzek came forward to address the question posed by Councilor Miller and replied that the City of
Mendota Heights has a city mainline sanitary sewer in the area that was installed in the early 1990’s and
services the greenhouse site, the whole Augusta Shores development, and it served the previous motel. It
also serves the single-family properties to the south. The area along the lake and through the buffer has
already been disturbed by the city. There is an existing service line that did service the motel. The Phase
1 apartment building is proposed to re-use this existing service line. The original plan submitted did
have the sanitary sewer service for the Phase 2 building coming down and tying into the city sanitary
sewer main line within that 100-foot wetlands buffer area. Staff requested that they connect to the city’s
main line further north – outside of that 100-foot buffer area. That was a utility change that was
requested by the city staff.
Councilor Miller asked for clarification that they would be tapping into existing pipe rather than
installing new pipe. Mr. Ruzek confirmed that they would be tying into the city’s main line. Councilor
Miller, noting that the goal is to not add anything to the existing issues, asked if it would be better to do
something new and improved. Mr. Ruzek replied that this existing main line has all of the sewage from
the Augusta Shores running through it. If the city would like to consider re-routing this somewhere, that
would not be on either of these developments.
Councilor Miller asked why staff asked for the tapping location change. Mr. Ruzek replied that there
was no need for it to go down that far, it would be a less expensive option to install it further to the north
and to keep it outside of the 100-foot wetland buffer.
In regards to the storm sewer, Mr. Ruzek replied that he did not have the complete plans with him. He
stated that this would be the second underground infiltration basin and would be located underneath the
drive aisle. They do also have some infiltration basins that are open water ones on both the north and the
south parts of the site and are designed for the 2, the 10, and the 100 year events. They are also
infiltrating, per city requirements, one inch over all new impervious surface. They are actually
infiltrating approximately 10 times that amount. Additional details on the storm sewer infiltration and
storm water treatments were provided. Basically, the Larsen Greenhouse site and the motel site did not
have any stormwater or storm sewer infiltration systems. The water ran directly into the lake.
Mr. Delwiche returned and expressed his appreciation to Mr. Ruzek for answering the questions.
Senior Living – the first phase apartment building is going to be a standard market-rate building open to
all qualified candidates. He had mentioned at the last meeting that the second phase may very well turn
into a 55+ type development. The main point he wished to illustrate is that the first building will be open
to people of all backgrounds and ages and as long as they prove themselves under Mr. Swenson’s
guidelines to be a good quality renter. He apologized if he caused any confusion there.
Non-Supported Development – Mr. Delwiche reminded the Council that there were a lot of residents
this past summer and fall that spoke at neighborhood meetings and at public hearings that were in favor
of this project.
Mayor Garlock stated that it was good to see so many people in attendance at this meeting. Council
meetings and work sessions are posted. Since the beginning of this process, meetings have been posted
and are open to the public. He expressed his appreciation to everyone who made comments.
Councilor Paper moved to adopt RESOLUTION 2018-29 APPROVING AN AMENDMENT TO THE
FINAL DEVELOPMENT PLAN AND ACCEPTING ADDITIONAL RECOMMENDATIONS AND
FINDINGS WITH REGARDS TO THE MENDOTA HEIGHTS APARTMENTS PLANNED UNIT
DEVELOPMENT (PUD) (PROPERTIES LOCATED AT 2160 AND 2180 HIGHWAY 13).
Councilor Petschel seconded the motion.
Ayes: 3
Nays: 1 (Miller)
Absent: 1 (Duggan)
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the City of Eagan will be hosting a meeting for
neighboring businesses and residents regarding traffic management plans for special events in the Vikings
Lakes Development on Monday, April 16 at 4:00 p.m. in the auditorium at Trinity School in Eagan.
He also said that the City is accepting applications for the student representative position on the Parks and
Recreation Commission. Applicants must be a city resident and be attending a high school in Mendota
Heights.
COUNCIL COMMENTS
Councilor Petschel stated that Mayor Garlock and she have been working with the Patrick family, along
with Officer John Larrive, on a permanent memorial for Officer Scott Patrick. They have a design and a
permanent memorial will be ready for July 30th.
Mayor Garlock congratulated Minnehaha Academy on its state championship basketball team and St.
Thomas for making a good showing at the state tournament.
Councilor Miller asked everyone who has a fire hydrant in front of their house to please shovel it out.
Councilor Paper also expressed congratulations to Minnehaha Academy on its state boys’ basketball title.
ADJOURN
Councilor Petschel moved to adjourn.
Councilor Paper seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
Mayor Garlock adjourned the meeting at 8:17 p.m.
____________________________________
Neil Garlock
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Held April 3, 2018
Pursuant to due call and notice thereof, a work session of the City Council, City of Mendota
Heights, Minnesota was held at the City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Garlock called the meeting to order at 5:30 pm. Councilmembers Miller, Paper, Petschel
were also present. Councilor Duggan was absent.
Others present included Mark McNeill, City Administrator; Kristen Schabacker, Finance Director;
Tim Benetti, Community Development Director; Ryan Ruzek, Public Works Director; Lorri
Smith, City Clerk.
FLAVORED TOBACCO DISCUSSION
The Council discussed an amendment to the current tobacco sales code regulations. Elyse Less and
Melissa Mady, representing MN Tobacco Free Alliance, were present to answer the Council’s
questions. The proposed ordinance would restrict the sale of flavored tobacco products with the
exception of mint, menthol, and wintergreen flavors. The prohibition would be for all locations in
Mendota Heights,.
The Council agreed to bring this code amendment forward to the Council on May 15, 2018. A
meeting with the licensees will be held on April 24th, to present the changes to them, answer
questions, and hear any concerns.
FUND BALANCE POLICY UPDATE
Finance Director Kristen Schabacker explained the City’s Fund Balance policy for minimum fund
balances. The General Fund, Water Revenue Fund, Special Parks Fund, Civil Defense Fund, and the
Street Light District Fund are covered under this policy.
The Council was in agreement to amend the current policy as follows:
General Fund – set at 75% of the current expenditures
Water Revenue Fund – fund balance to be reduced to $100,000
Special Parks Fund – no change to the $200,000 recommended fund balance
Civil Defense Fund – no change to the $100,000 recommended fund balance
Street Light District – decrease to 25% of current expenditures
DISCUSSION OF CITY OWNED PARCELS AT THE VILLAGE
City Administrator Mark McNeill and Community Development Director Tim Benetti discussed with
the Council the future of the city-owned vacant parcels located in the Village development. They said
that City staff has received multiple inquiries from interested parties on the use of this property.
Discussion was held on the traffic study that was conducted and the possibility of relocating Maple
Street to the north. The Council members expressed interest in exploring the relocation of Maple
Street to the north, and meeting with the business owners at The Village to get feedback on how they
would like to see the lots developed. In addition, Councilor Paper suggested having a meeting with
the neighbors.
Councilor Miller stated that this is a city asset and there is no need to sell this property, unless it will
satisfy a long-term need for the city. He suggested setting a date for a future meeting with the
business owners to give them time to prepare their thoughts and ideas on the future use of this
property.
Councilor Petschel suggested having a table set up at the June 2nd 5K and Parks Celebration, to
survey the residents on how they would like to see this land developed.
ADJOURN
The meeting was adjourned at 6:27 pm.
___________________________
Neil Garlock, Mayor
____________________________
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA
PARKS AND RECREATION MEETING
February 13, 2018
The February meeting of the Mendota Heights Parks and Recreation Commission was held on
Tuesday, February 13, 2018, at Mendota Heights City Hall, 1101 Victoria Curve.
1. Call to Order – Chair Pat Hinderscheid called the meeting to order at 6:30 p.m.
2. Roll Call – The following Commissioners were present: Chair Pat Hinderscheid,
Commissioners Steve Goldade, Bob Klepperich, Stephanie Levine, David Miller, and Nissa
Tupper. Absent: Ira Kipp and Student Representative Clair Dunham. Staff present: Assistant
City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek, and Recreation
Program Coordinator Meredith Lawrence.
3. Approval of Agenda
Motion Goldade /second Tupper to approve agenda. AYES 6: NAYS 0: ABSENT 1
4. Approval of Minutes from January 9, 2018
Motion Levine / second Klepperich to approve the minutes of the January 9, 2018 Parks and
Recreation Commission meeting. AYES 6: NAYS 0: ABSENT 1
5. Unfinished and New Business
Chair Pat Hinderscheid noted that he had provided the Commission with a copy of some of the
achievements of the Commission in the past year and his thoughts on goals for this coming
year.
5.a Election of Chairperson and Vice-Chairperson
Recreation Program Coordinator Meredith Lawrence explained that Section 2.3 of the Rules of
Order states that at the February meeting the Commission would elect from its members a
Chairperson and Vice-Chairperson. The term would last one year and become effective at the
February meeting. The Chairperson and Vice-Chairperson take office immediately following
their election and hold office until their successors are elected and assume office.
Current Chairperson Pat Hinderscheid was nominated as Chairperson, along with
Commissioner Nissa Tupper. Mr. Hinderscheid accepted the nomination; however, Ms. Tupper
declined the nomination.
Motion Miller / second Levine to appoint Pat Hinderscheid as the Chairperson for the Parks &
Recreation Commission for the year 2018. AYES 6: NAYS 0: ABSENT 1
Motion Levine / second Klepperich to appoint Nissa Tupper as the Vice-Chairperson for the
Parks & Recreation Commission for the year 2018. AYES 6: NAYS 0: ABSENT 1
5.b Schedule Work Session
Staff requested a work session in late February or early March as it would be important to
review the rules, responsibilities, and goals of the Commission. They recommended either
February 26, 2018 or March 1, 2018. A suggestion was made to have the meeting prior to the
regular Tuesday meeting, which the Commission declined.
It was decided to hold the Parks and Recreation Commission Work Session on Thursday,
March 1, 2018 beginning at 5:30 p.m. at City Hall.
5.c Skating Trainers Research
Recreation Program Coordinator Meredith Lawrence explained that the Commission had asked
staff to research the price of ice skating trainers and their use in surrounding cities. An ice
skating trainer is a walker-like tool that younger users use to learn how to skate. Staff found that
ice skating trainers can range price from $40 - $300 each. After conducting other research, they
did not find any other communities with ice skating trainers at outdoor rinks; they are used
mainly for indoor rinks where there is better storage facilities and it is easier to administer.
After speaking with other facilities the most common concern raised was theft prevention. The
other portion that concerns staff a bit is the administrative process of renting them out to users.
It was decided to not pursue ice skating trainers at this time.
5.d Summer Recreation Program Offerings
Recreation Program Coordinator Meredith Lawrence explained that staff has been busy
planning and coordinating recreation programs and activities for the summer season.
Information will be available on the website February 15, 2018 and would list all of the available
programs along with times and places. Registration will be open March 1, 2018 and can be
completed online or at City Hall.
A list of summer programs was provided in the commission packet.
Chairperson Hinderscheid asked for an explanation of the difference between Frisbee and Disc
golf. Ms. Lawrence explained that the Ultimate Frisbee Camp is on a soccer field and the goal is
to get the Frisbee from one end of the field on a team to the other end of the field. Disc golf is
when a player uses the so-called holes to throw the Frisbee to. She does believe that the
Frisbee is different than the Disc.
Ms. Lawrence also pointed out some new programs that were added this year. A discussion
occurred on whether or not working parents could sign their child up for an activity in the AM
and then another activity in the afternoon, essentially having their child fully active all day and
the parents would not have to worry about their child being alone for part of the day. This is the
reason the golf camp has been moved to the afternoon, so the children could do an activity in
the morning and then join the golf camp in the afternoon. This information will be available on
the City’s website and in the Heights Highlights.
At the mention of the Heights Highlights, discussion occurred concerning whether or not the
Highlights could be sent to residents outside of Mendota Heights. It was determined that staff
would work with the City Clerk to determine if that would be possible, desired, or feasible.
5.e Recreation Facilities Reservation / Special Event Policy
Recreation Program Coordinator Meredith Lawrence noted that the City has 12 parks and
recreation facilities, which includes fields, shelters, courts, and concession stands. A lot of
requests have been received from residents, organizations, and non-residents to reserve these
facilities. Prior to this year, the process to reserve a facility was unclear and inconsistent.
Since the fees have been established in the City’s fee schedule, staff has worked to update the
policy for reserving the facilities. This new policy was passed by City Council at their February 7,
2018 meeting and a copy was provided to the Commissioners.
5.f Market Square Park Bench Discussion
Public Works Director Ryan Ruzek explained that a resident that lives near Market Square Park,
a small park in the retail area of The Village Development, has requested a table and possibly a
tiltable umbrella. She lives nearby and is looking to possibly have picnic lunches, work on arts
and crafts, and other tasks. The benches that are already supplied in the park are not meeting
her needs.
There are businesses in the area that do provide table-type seating; however, they would prefer
that the users of those tables are paying customers. Also, there is likely to be a number of
changes undertaken in the park. The businesses are currently looking at no longer continuing
some of the Music in the Park and maybe some other activities. Nothing has been finalized yet.
Mr. Ruzek suggested that a committee be formed that could join him in meeting with the
developer who has been managing and operating the park. This committee could be made up of
business representatives, city staff, a member of the Commission, and possibly a member of
the City Council; and they would look at what would be the long-term use to help attract people
to the park and to attract people to the local businesses.
That being said, staff is not too supportive of making any large scale changes. The resident who
requested the table has also had a number of other suggestions that should be discussed in a
committee-type setting.
Staff would not be supportive of a table with an umbrella simply because of liability issues – the
umbrella could be a wind projectile, which could cause personal injury or building damage. If the
Commission were to desire table seating staff could look at some type of permanent sunshade,
a pergola, or some sort of larger wind-proof umbrella or structure. With everything else going on
in the area, staff believes the Commission should be looking at what should be done with the
park rather than purchasing just one table. The City also does not have this purchase budgeted;
however, there is a park bench donation program that this resident could look into.
Market Square Park is a public park; however, the fixtures in the park are managed by the
company that oversees The Village. All of the businesses pay a small fee per square footage of
rental space that goes towards Promotions and Marketing, which included maintenance of the
park.
The Commission asked how to handle the interest in installing tables in the park since there has
been only one request received. Discussion ensued on this topic as well as to the Business
Tenant Association indicating their unwillingness to continue to provide the Concerts in the
Park. Assistant City Administrator Cheryl Jacobson stated that the City Administrator and the
City Council has been made aware of this possible cancellation. Staff is looking into the
possibility of doing a scaled-back concert series that would be city sponsored – maybe only
three this summer – and is looking into lining something up for 2019 that is more of a concert
schedule, as well as other options.
Concerns and disappointments were expressed at the short notice from Market Square
regarding the discontinuation the Concerts in the Park and other tenant sponsored activities with
the possible backlash of residents not visiting the area as often or possible reduction in revenue
on the part of the businesses.
Going back to the discussion on the park bench, a commissioner expressed his opinion that the
dropping of one picnic table into this space as not being a good idea. Another commissioner
expressed their desire to have tables available to sit at when visiting the park, or going to the
fountain; however, now is not the time to be putting anything in.
It was determined that the best way to move forward was for representatives of the city, the
developer, and the tenants to get together and look at a vision for the park on a go-forward
basis. Commissioner Klepperich volunteered to be a part of this committee. Chair Hinderscheid
indicated his agreement to this as well but did not commit at this time.
Motion Klepperich / second Goldade to appoint Bob Klepperich to the Market Square Park
Committee. AYES 6: NAYS 0: ABSENT 1
5.g Ivy Hill Park Pond Improvements
Public Works Director Ryan Ruzek explained that the Commission was alerted to this project
last fall – the Ivy Hill Park Pond has filled in with sediment so staff was looking at dredging some
of that material out. They went through a wetland delineation report and discovered that the
sediment in the pond is a class 1 material, meaning that it is not a hazardous waste and does
not have to go to a sanitary landfill; it can be used on an improved site.
The project has been put out to bid with the bid opening scheduled for February 28, 2018. Staff
hopes for a City Council award of that project on March 6, 2018. From there, staff would work
on contracts with the contractor with the possibility of work beginning in March 2018.
There is an area on the north part of the park where approximately 500 yards of fill could be
disposed to – a low area that has drowned out some trees. However, that would be determined
by the contractor and whether or not he has any use of the fill. Also, if the ground is soft city
staff would not allow the contractor to drive their heavy equipment to the low area identified.
Commissioner Miller, who missed the last meeting, asked what necessitated the dredging of the
pond. Mr. Ruzek replied that there have been complaints received over the last couple of years
about the odor being caused by the large amount of sediment the pond has filled up with. Also,
the pond is not providing the water quality benefits that it should be providing. There is a limited
number of ponds on the north end of the city and this is a very important pond for water quality.
This is the only water treatment pond between the Dodd/Delaware intersection and the
Mississippi River.
Funding for this project would come from the Stormwater Utility Fund.
6. Reports
6.a Natural Resource Update
Public Works Director Ryan Ruzek had provided the Commission with a number of Natural
Resource Updates:
Three articles proposed to run in the March Heights Highlights
o Information around pollinator activities
o Invasive species
o Stormwater pollution and good housekeeping practices
Annual noxious weed list
Work Plan for 2017-2018 Pollinator Friendly Activities
Natural Resources Management Plan
o Staff requested Commission feedback and thoughts on items in the plan that
may still be worth undertaking; does this report encompass most of the natural
resources concerns of the City or should this plan redone; and are there areas
the Commission feels some of the effort should be concentrated
The Commission requested that discussion of the Natural Resources Management Plan be put
on the agenda for the upcoming Work Session.
6.b Par 3 Update
Recreation Program Coordinator Meredith Lawrence explained that in January 2018, City
Council approved a professional services contract for the development of an RFP to solicit
proposals for turf and grounds maintenance at the Par 3 Golf Course. For several years, the city
worked with a private company for oversight of maintenance of the course. This included
application of chemicals/fertilizer, winterization of the course, and general maintenance of the
irrigation system. This contract ended in 2017, so the city will need to find someone to complete
these services at the course in 2018.
The reason for the RFP is that the current contract is up and the vendor is no longer in this
business. A suggestion was made to work with the school district as they pay someone to apply
these chemicals.
Chair Hinderscheid asked about the accounting system that had been discussed at the last
meeting. Ms. Lawrence replied that she and Ms. Jacobson have been researching that, doing
demos, met with local groups that have Point-of-Sale Systems that serve as cash registers and
they have decided to go with a simple cash register for another year. They are in the process of
purchasing a new cash register that is a lot more up-to-date, should help with the accounting,
and keep better data in the future. This new cash register will split out foot golf and regular golf.
2017 financial information will be available at the March 2018 meeting.
6.c Recreation Programs Updates
Recreation Program Coordinator Meredith Lawrence stated that skating lessons at Friendly Hills
Park ended last Saturday (February 9, 2018). There were 27 participants this year with five
different classes.
Gymnastics classes end this Saturday, February 17, 2018. Mendota Heights had 48 youth
registered in the program, an increase of 29% from last year.
The Royal Ball took place on Sunday, February 11, 2018 at the Concord Exchange Building in
South Saint Paul. There were 117 total participants, 43 of them being Mendota Heights
residents; this is up 79% from last year. Ms. Lawrence attended and had a blast. Commissioner
Tupper was also there and had a great time and heard very positive comments.
Ms. Lawrence did some research on the School Donation Program for the fee assistance
program. After speaking with the representative from the city’s online registration system
software, it was discovered that it would be difficult to add a donation box at the end of
registration. The current system does not allow for this. Staff has requested that the
representative look into this for a future option.
Staff completed the paperwork and submitted the first technical review for a USTA tennis court
grant at Marie Park. The USTA representatives that staff works with provided feedback, which
staff is using to submit the final technical review to the USTA.
Recreation program registration information will be on the city’s website February 15, 2018 and
registration will go live on March 1, 2018.
There was a total of 2,497 skaters using the ice rink this season and hopefully, with the warmer
weather coming staff will be able to keep the rinks open until March.
7. Announcements and Commission Comments
Commissioner Tupper expressed her appreciation of being made the Vice-Chairperson this
evening. She continues to be impressed by the lean staff the city has and the amount of work
they accomplish, the diverse amount of programming that comes out and how well it is done.
She commended staff for their efforts to engage the community and create opportunities to
bring people together.
Commissioner Levine congratulated Chairperson Hinderscheid and Vice-Chairperson Tupper
on their appointments. She pointed out to the community that she is a Facebook friend with the
City of Mendota Heights and the Mendota Heights Parks and Recreation Commission and is
getting a lot of good information. She encouraged residents to Like these pages on Facebook.
She also shared that on March 8, 2018 at 7:00 p.m. there will be an Invasive Plant Species in
your Neighborhood; Identification Management and Beautiful Alternatives session that is free to
the public.
Commissioner Miller noted that when he received the packet for this meeting he was a bit
daunted at the size and wondered if they weren’t going to have a 3-hour meeting. However,
everyone engaged in some very good meeting management, yet with the discussions they
covered all of perspectives and got everyone’s point of view respectfully. It was a good meeting.
Commissioner Klepperich stated that he had the opportunity on Sunday to attend the Sibley
High School Band Pancake Breakfast and a great job was done by all. He reminded everyone
that the band is looking for help, financially and otherwise, for their big trip to Washington D.C.
this coming summer.
Commissioner Goldade thanked the residents who gave the Commission suggestions for the
skating trainers and for the table at Market Square Park. He encouraged all residents to keep
sharing their ideas because everyone working together will create the best parks in Mendota
Heights.
He also expressed his appreciation to the plow drivers as they have done great work, especially
with the recent large snow event.
He concurred with Commission Miller’s comments on a great meeting.
Chair Hinderscheid expressed his appreciation for the opportunity to serve as Chairperson
again and welcomed Vice-Chairperson Tupper. Echoing what Commissioner Goldade said, he
commented that it is really helpful for the Commission to get comments from the residents and
encouraged residents to contact them.
He also appreciated all of the work on the Recreation Programs, and Mr. Ruzek and Ms.
Jacobson being in attendance to cover some of the other subjects. Looking forward to a great
2018.
8. Adjourn
Motion Levine / Second Miller to adjourn the meeting at 7:57 PM
AYES 6: NAYS 0: ABSENT: 1
Minutes Taken By:
C. Darlene Oehlke
Independent Contractor
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Parks and Recreation Commission Work Session
Thursday March 1, 2018
Pursuant to due call and notice thereof, a work session of the Mendota Heights Parks and Recreation
Commission was held at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Chair Pat Hinderscheid called the meeting to order at 5:32 p.m. Commissioners Tupper, Klepperich,
Levine, Goldade, and Kipp (arrived at 6:09 p.m.) were also present. Staff in attendance included City
Administrator Mark McNeill, Assistant City Administrator Cheryl Jacobson, Finance Director Kristen
Schabacker, Public Works Director Ryan Ruzek, and Recreation Program Coordinator Meredith
Lawrence.
COMMISSION ROLE REFRESHER
Recreation Program Coordinator Meredith Lawrence reviewed with the Commission City Code Chapter
2, the purpose of the commission. This included the powers and duties of the commission. The
commission is to advise the City Council on matters pertaining to parks and recreation development and
the establishment of written rules and regulations for use, management and operations of parks and
recreation facilities. This is then approved by City Council.
Assistant City Administrator Cheryl Jacobson reviewed Minnesota Statute Chapter 13D, Open Meeting
Law, and reminded commissioners’ official business cannot be communicated via email. Chair
Hinderschied questioned whether or not the commission needed to follow the Open Meeting Law
statute since they are not a decision making body. Staff explained that the commission is appointed by
City Council (who complies with the Open Meeting Law statute) and so the Commission must also
comply with Open Meeting Law. It was recommended that commissioners refrain from hitting, “reply
all” on emails.
Recreation Program Coordinator Meredith Lawrence discussed with commissioners the park
assignments that had been assigned in the past. Commissioners reviewed the purpose of the park
assignments, which is to visit and report any problems or concerns to staff. Examples of what to look for
include: conditions of trails, playground equipment, tripping hazards, ball fields, tennis courts and
basketball courts. The commission feels that each park should be checked at a minimum on a monthly
basis. The commission will review the available parks and assign them at the March meeting.
PARKS FUNDING/BUDGET
Assistant City Administrator Cheryl Jacobson reviewed with the Commission the land dedication and
park dedication funding. The commission was reminded that park dedication fees must be placed in a
special, segregated fund. Funds can be used for acquisition, development, and improvement. Funds
cannot be used for city operation costs and maintenance costs.
Ms. Jacobson provided the commission with a parks projects proposal list that included estimated costs
and funding sources. The commission was asked to direct staff on which items had the highest priority.
The commission requested that staff conduct a survey in the community to gain insight on what the
community would like seen at Mendota Heights parks.
Commissioner Goldade left the meeting at 6:41pm.
NATURAL RESOURCE PLAN REVIEW
Public Works Director Ryan Ruzek explained to the commission that staff is looking for direction on how
to proceed with the Natural Resource Plan from 2002. Mr. Ruzek believes it would cost around $150,000
to improve the plan. Leslie Pilgrim, a resident of Mendota Heights voiced her opinion that climate
change is coming and will start impacting our Mendota Heights parks. An environmental commission
was recommended. The Commission asked Mr. Ruzek to contact the group who made the Natural
Resource Plan from 2002 and ask if they could come speak at an upcoming meeting.
GREENCORPS PROGRAM DISCUSSION
Public Works Director Ryan Ruzek discussed with the commission the request of applying for a
Greencorp member. The Greenscorp member would work from September-August, 40 hours a week.
The City would not pay their salary, but would need to provide the individual with a work space and a
mentor. With the application deadline being March 23, staff did not think they could produce a quality
application in time. It was recommended that the commission discuss in the future a Greenscorp
member who would begin in Mendota Heights in the fall of 2019. Staff agreed to look into sharing a
Greenscorp member with neighboring cities.
ADJOURN
Chair Hinderscheid adjourned the meeting at 7:18 p.m.
DATE: April 17, 2017
TO: Mayor and City Council
FROM: Kristen Schabacker, Finance Director
SUBJECT: Audit Services
COMMENT
INTRODUCTION
The City Council is asked to approve an agreement for auditing services with BerganKDV for
this year.
BACKGROUND
In August 2009, the city went out for RFP’s for auditing services. In November 2009, the city
contracted for those services with KDV for a three year term. Once the initial three year term
had concluded, the city extended the audit engagement for an additional three years. The city is
able to extend that contract without seeking bids from other firms. At this time, BerganKDV has
provided us with a quote for the upcoming 2017 audit. The cost for the 2017 audit is $34,500.
The cost of the 2016 audit was $34,100. This represents an increase of 1.2%. We have had a
good working relationship with BerganKDV. They provide a thorough report with useful
information. I recommend that we continue to work with BerganKDV and enter into a contract
for the 2017 audit at a cost of $34,500.
BUDGET IMPACT
This price has been budgeted for in the 2018 budget.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council enter into the contract for auditing
services with BerganKDV for the 2017 audit as quoted above.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize BerganKDV to perform 2017 audit
services, in an amount not to exceed $34,500.
Request for City Council Action
DATE: April 17, 2018
TO: Mayor, City Council and City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
SUBJECT: Approval of Communications Coordinator Job Description and Position Posting
COMMENT:
Introduction
The Council is asked to approve the job description, set the pay grade and authorize staff to begin
the recruitment process to fill the part-time Communications Coordinator position.
Background
Communications responsibilities are spread across a number of positions within the city. The
addition of a Communications Coordinator will centralize city communications efforts, providing
efficiencies in the coordination and implementation of messages and materials.
The Communications Coordinator will be responsible for planning, organizing and implementing
a variety of internal and external communications and marketing programs and materials including
city newsletters, updating the city website and managing the city’s social media presence. The
position is planned as a part-time, non-exempt, 16 hours per week position. The proposed
Communications Coordinator job description is attached.
Budget Impact
The Communications Coordinator position is included in the 2018 budget. The Communications
Coordinator is a non-benefitted, part-time position budgeted at 16 hours per week. The position
is ranked at pay grade 8 on the city’s Compensation Plan, which has a pay range of $26.80 to
$32.94 per hour. For hiring purposes, the position will be posted with an hourly rate of $26.80,
which is step one of pay grade 8.
Recommendation
Staff recommends that the City Council approve the Communications Coordinator job description
at pay grade of 8 and authorize staff to begin the recruitment process to fill the position.
Requested Action
If the City Council concurs, it should, by motion, approve the Communications Coordinator job
description, the assigned pay grade and authorize staff to begin the recruitment process to fill the
position.
Position: Communications Coordinator Department: Administration
FLSA Status: Non-Exempt
Reports To: Assistant City Administrator
General Definition of Work
Performs intermediate administrative work planning, organizing and implementing a variety of internal and external
communications and marketing materials including compilation of city newsletters, updating the city website and managing the
city’s social media presence. Ensures high quality and timely distribution of accurate, consistent and relevant information to
stakeholders. Work is performed under the direction of the Assistant City Administrator.
Qualification Requirements
To perform this job successfully, an individual must be able to perform each essential function satisfactorily. The requirements
listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
Essential Functions
1) Plans, coordinates, and prepares electronic and print marketing and communications materials including soliciting content,
writing articles, proofreading, editing and designing graphic layout.
2) Develops, updates and manages content for City website and social media accounts (e.g. Facebook, Twitter). Monitors and
responds to social media inquiries and comments.
3) Assists with the production of press releases, media alerts, presentations and other informational documents.
4) Assists in the planning and coordination of special events and programs.
5) Provides general support to internal and external communications and public information programs and events.
6) Supports crisis and emergency communication planning and events; disseminates information and responds to inquiries, as
directed.
7) Performs other duties, as assigned.
Knowledge, Skills and Abilities
Thorough knowledge of the principles, practices and methods involved in planning and implementing communications programs and
materials; knowledge of public/government agencies, public administration and communications; knowledge of information
dissemination, graphic design, and media creation such as press releases, memos, and content layout. Ability to operate personal
computers including knowledge of applicable software packages; ability to communicate effectively both orally and in writing; ability
to establish and maintain effective working relationships with associates and the general public; ability to plan, organize and
implement a variety of communications programs and events; ability to prepare reports and maintain records.
Education and Experience
Bachelor’s degree in Communications, Public Relations, Journalism, Public Administration or related field. Moderate experience in
managing projects in communications, public relations, community affairs or related field. Moderate experience with the
professional application of social media platforms.
Special Requirements
Valid Driver’s License- State of Minnesota
Proficient in the use of computers and related software including MS Office (Word, Excel, PowerPoint, Outlook) and Adobe Creative
Suite (InDesign, Photoshop) software.
Physical Requirements
This work requires the occasional exertion of up to 25 pounds of force; work regularly requires sitting, using hands to finger, handle
or feel, reaching with hands and arms and repetitive motions, frequently requires speaking or hearing and occasionally requires
standing, walking, stooping, kneeling, crouching or crawling, pushing or pulling and lifting; work requires close vision and ability to
adjust focus; vocal communication is required for expressing or exchanging ideas by means of the spoken word; hearing is required
to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to
make fine distinctions in sound; work requires preparing and analyzing written or computer data, operating machines and
observing general surroundings and activities.
Environmental Conditions
This work has no exposure to environmental conditions; work is generally in a moderately noisy location (e.g. business office, light
traffic).
DATE: April 17, 2018
TO: Mayor, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: 2018 Workers compensation insurance
INTRODUCTION
The Council is asked to approve Workers Comp Insurance for a one year period which begins
May 1, 2018.
BACKGROUND
On May 1, 2018, the City’s Workers Compensation insurance renews. The base premium for this
year is $282,222. This represents a 10.84% increase over last year’s premium of $254,623. This
increase is based on the comparitively high claim history which the City been experiencing.
Below are the amounts and number of claims that we have had for the last 5 renewal periods.
13/14 $134,408.86* 14 claims
14/15 $1,133,301.80** 10 claims
15/16 $93,558.75*** 8 claims
16/17 $684,845.50**** 8 claims
17/18 $472,041.96***** 11 claims
*This period includes a reserve of $25,939.93 that has not actually been paid out.
** This period includes a reserve of $687,345.32 that has not actually been paid out.
*** This period includes reserves of $11,716.69 that have not actually been paid out.
****This period includes reserves of $511,840.87 that have not actually been paid out.
*****This period includes reserves of $421,850.86 that have not actually been paid out.
The City has the option to pay a fixed premium, or deductible premium option. The City has
opted to go with the regular premium option, and pay a fixed premium amount in the past. We
have the option of choosing a deductible per claim. This option reduces the amount of premium
paid up front, but also has the potential to amount to a greater cost, depending on the number of
claims which are experienced in the year.
The City’s Workers’ Compensation policy includes a volunteer policy. This provides for limited
“no-fault” benefits for volunteers injured while working for the city (the firefighters and police
reserves are covered under the city’s worker’s comp and not this volunteer plan). Volunteers
receive limited death, disability and impairment benefits. This policy would cover people
volunteering at events such as the parks celebration, fishing derby, etc.
BUDGET IMPACT
There is $226,041 in the 2018 budget for workers compensation costs. The amount budgeted is
short of the base premium amount by approximately $47,000. There is an insurance reserve
amount ($161,258) designated in fund balance. I recommend that we reduce this amount by
$47,000 to cover the amount of premium not budgeted. The 2019 budget will need to have the
workers compensation insurance amounts increased to cover the increased premium.
Given our recent claim history, the City Administrator and I also recommend the regular
premium option.
RECOMMENDATION
Staff recommends that the Council pass a motion accepting the regular premium option for the
workers compensation renewal with a base premium of $282,222 effective May1, 2018 – April
30, 2019.
ACTION REQUIRED
If the Council concurs, it should, by motion, accept the regular premium option for the Work
Comp renewal for the year beginning May 1, 2018.
REQUEST FOR COUNCIL ACTION
DATE: April 17, 2018
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: MHAA Temporary Field Fencing
COMMENT:
INTRODUCTION
The Council is asked authorize the temporary installation of a field fence at Valley Park.
BACKGROUND
Last summer the Park & Recreation Commission and City Council authorized the installation of a
temporary field fence at Marie Park. This temporary field fence assists in establishing the outfield on
the youth baseball field. The outfield at Marie Park and Valley Park are adjacent to open water
features and the fence will also act as a physical barrier to this hazard.
DISCUSSION
MHAA is proposing to relocate the fence that was installed at Marie Park to Valley Park in 2018.
The reason for this request is due to the age group of youths at the different park with MHAA
preferring the fence at Valley Park.
The Parks & Recreation Commission made a motion at their April 10, 2018 meeting to recommend
approval of this request. MHAA also requested that Public Works personnel install this fence. I
have spoken with Public Works and they are willing to install this fence for the youth baseball at
Valley Park.
BUDGET IMPACT
The City would have to invest a few hours of staff time to pound the fence posts into the ground and
string the netting.
RECOMMENDATION
Staff recommends that Council authorize the temporary fence at Valley Park. The maintenance of
the turf around the fencing last summer did not add significant time to the overall maintenance of the
park. Staff is also recommending that this fence not be erected until after April 28th due to a large
volunteer event scheduled at Valley Park
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion authorizing Public
Works to install the MHAA provided temporary fence at Valley Park after April 28, 2018. This
action requires a simple majority vote.
818 215911161131
7
0
7548474016030
204337461783
1796
1779
1786
MARIE AVE W TRAIL RDDakota County GIS
Valley ParkMHAA Temporary Fence City ofMendotaHeights060
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
4/12/2018
Approximate Fence Location
REQUEST FOR COUNCIL ACTION
DATE: April 17, 2018
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2018-33 Approving a Permit to the Minnesota Department of
Transportation (MnDOT) for Slope and Fence Repairs Along 35E
COMMENT:
INTRODUCTION
The Council is asked to approve a permit granting MnDOT rights to enter real property from the
City of Mendota Heights.
BACKGROUND
MnDOT has an existing fence along 35E running through Mendota Heights.
DISCUSSION
There is a steep slope on the east side of 35E that runs down to Valley Park between Highway 110
and Marie Avenue. This slope is in need of maintenance as well as the chain link fencing that
delineates the Highway right-of-way. The ideal access point for these repairs is from the City trail at
the bottom of the slope. MnDOT is requesting permission to utilize the city park to access the
construction area. The trail will remain open during this work.
The zero dollar permit also requires any disturbed areas will be restored to existing or better
condition.
BUDGET IMPACT
None. Governmental agencies grant zero dollar permits as a standard practice.
RECOMMENDATION
Staff recommends Council approve Resolution 2018-33 granting a permit to the Minnesota
Department of Transportation for activities related to the slope and fence repair adjacent to
Valley Park.
ACTION REQUIRED
If Council wishes to enact the staff recommendation, it should pass a motion to approving
Resolution 2018-33, APPROVING A TEMPORARY PERMIT TO THE MINNESOTA
DEPARTMENT OF TRANSPORTATION. This action requires a simple majority vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-33
RESOLUTION APPROVING A TEMPORARY PERMIT TO THE MINNESOTA
DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Mendota Heights has interest in properties designated by
Dakota County Parcel ID as:
270260002020 and 276400001031; and
WHEREAS, the Minnesota Department of Transportation (MnDOT) will need
temporarily utilize said real property to maintain and operate the Interstate (35E); and
WHEREAS, a permit was drafted by MnDOT granting rights to enter property for said
purposes to the State of Minnesota.
NOW THEREFORE, BE IT RESOLVED, the Mendota Heights City Council hereby
approves and authorizes a permit to the State of Minnesota waiving certain rights and granting
immediate right to enter the above described property.
BE IT FURTHER RESOLVED, the Mendota Heights City Council herby authorizes
the City Administrator and Public Works Director to sign the permit.
Adopted by the City Council of the City of Mendota Heights this seventeenth day of April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
ATTEST Neil Garlock, Mayor
_________________________
Lorri Smith, City Clerk
ZERO DOLLAR PERMIT TO CONSTRUCT
C.S. 1982 (35E=390) 901
Parcel 231
Mendota Heights
Dated: April 10, 2018 County of Dakota
The State of Minnesota, by its Commissioner of Transportation, has established and
designated the route of Trunk Highway No. 35E in Dakota County, Minnesota.
It is necessary that the State of Minnesota use for highway purposes real property
situated in Dakota County, Minnesota, as shown highlighted in yellow on “EXHIBIT A”:
The undersigned, having an interest in the above described real property, understand
that they are not required to surrender possession of the property without just
compensation and are not required to surrender lawfully occupied real property without
at least 90 days notice. By signing this Permit, the undersigned waives these rights and
grants to the State of Minnesota the immediate right to enter the above described
property to reconstruct the fence and repair the slope.
At the completion of SP 1982-201 all trails and Mendota Heights parkland
contained within this permit shall be returned to its original condition.
Permit will expire July 31, 2018 or when construction is completed, whichever is soonest.
Name/Title (Print)
Signature Date
Name/Title (Print)
Signature Date
`
DATE: April 17, 2018
TO: Mayor, City Council and City Administrator
FROM: Kristen Schabacker, Finance Director
SUBJECT: Fund Balance Policy Update
COMMENT
INTRODUCTION
The City Council is asked to adopt an updated Fund Balance policy.
BACKGROUND
In 2011, the City of Mendota Heights adopted a Fund Balance Policy. This policy recommends fund
balance levels for specific funds. During the 2016 audit it was noted that some of the funds were not
meeting the recommended balances. The auditors recommended that this policy be reviewed and
updated.
The General Fund, Water Revenue Fund, Special Park Fund, Civil Defense Fund and the Street Light
District Fund are the funds that are covered under this policy. At the end of 2016 there were two funds
that were not meeting the recommended funding levels (Special Park Fund and Street Light District
Fund). The Special Park Fund did meet the recommended funding levels at the end of 2017. However,
the Street Light District Fund still is not meeting recommended funding levels.
The City Council reviewed the Fund Balance Policy at an April 3, 2018 workshop. The following funds
recommended fund balance levels are as follows.
• General Fund – 75% of current general fund expenditures
• Water Revenue Fund - $200,000 minimum fund balance
• Special Park Fund – $200,000 minimum fund balance
• Civil Defense Fund – 50% of current expenditures
• Street Light District – 25% of current expenditures
BUDGET IMPACT
No impact.
RECOMMENDATION
Staff recommends that the Mendota Heights City Council adopt the attached Fund Balance Policy by
passing Resolution 2018-31.
ACTION REQUIRED
If the Council concurs, it should, by motion, adopt the Resolution 2018-31, a Resolution Adopting a Fund
Balance Policy.
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2018-31
RESOLUTION ADOPTING A FUND BALANCE POLICY
WHEREAS, the City of Mendota Heights adopted a Fund Balance Policy on December
6, 2011; and
WHEREAS, the fund balance policy includes fund balance classifications; and
WHEREAS, it is required that the City of Mendota Heights have a clear, written policy
on the procedures and rules governing the fund balances; and
WHEREAS, the City of Mendota Heights has reviewed and amended the attached
Fund Balance Policy.
NOW, THEREFORE, BE IT RESOLVED that the attached Fund Balance Policy, dated
April 17, 2018, is hereby adopted.
Adopted by the City Council of the City of Mendota Heights this seventeenth day of
April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________
Neil Garlock, Mayor
ATTEST:
_____________________________
Lorri Smith, City Clerk
FUND BALANCE POLICY
Purpose
The purpose of this policy is to establish specific guidelines which the City of Mendota Heights
(City) will use to maintain an adequate level of fund balance to provide for cash flow
requirements and contingency needs. This is due, in part, because most of the City’s major
sources of revenue—specifically property taxes--are received in the second half of the City’s
fiscal year.
This policy will also establish specific guidelines that the City will use to classify fund balances
into categories. This will be based primarily upon the extent to which the City is bound to
honor constraints on the specific purposes for which the amounts of these funds can be spent.
The City has the following funds to which this policy will apply:
• General Fund
• Water Revenue Fund
• Special Park Fund
• Civil Defense Fund
• Street Light District Fund
Based on the revenue streams, the following minimum fund balance levels are recommended.
• General Fund 75%
• Water Revenue Fund $200,000
• Special Park Fund $200,000
• Civil Defense Fund 50%
• Street Light District Fund 25%
Classification of Fund Balances/Procedures
• Non-spendable – This category includes fund balances that cannot be spent because
they are either not in spendable form, or are legally or contractually required to be
maintained intact. Examples include inventories, and prepaid amounts.
• Restricted – Fund balances should be reported as restricted when the constraints that
are placed on those resources are either externally imposed by creditors, grantors,
contributors, laws and regulations of other governments, or imposed by law through
constitutional provisions or enabling legislation.
• Committed – Fund balances that can only be used for specific purposes pursuant to
constraints imposed by formal action of the government’s highest level of decision
making authority (i.e. the City Council). The committed amounts cannot be used for any
other purpose unless the government removes or changes the specified use by taking
the same type of action it employed to commit those amounts.
• The City Council will annually, or as deemed necessary, commit specific revenue
sources for specific purposes by resolution. The formal action must occur prior
to the end of the reporting period; however, the amount to be subject to the
constraint may be determined in the subsequent period.
• To remove the constraint on a specific use of committed resources, the City
Council shall pass a resolution removing the constraint.
• Assigned – Fund balances that are constrained by the government’s intent to use for
specified purposes, but are neither restricted nor committed. Assigned fund balances in
the general fund include amounts that are intended to be used for specific purposes.
• The City Council has delegated the authority to assign and remove assignments
of fund balance amounts for specified purposes to the city administrator and/or
finance director.
• Unassigned – Unassigned fund balances represent the residual classification for the
general fund. They include amounts that have not been assigned to other funds and
that have not been restricted, committed, or assigned to specific purposes. The general
fund should be the only fund that reports a positive unassigned fund balance amount.
Monitoring and Reporting
The city administrator and finance director shall annually prepare the status of fund balances in
relation to this policy, and present to the City Council in conjunction with the development of
the annual budget.
When both restricted and unrestricted resources are available for use, it is the City’s policy to
first use restricted resources, and then use unrestricted resources as they are needed.
When committed, assigned, or unassigned resources are available for use, it is the City’s
policy to use committed resources, assigned resource, and then unassigned resources (in that
order) as they are needed.
A negative residual amount may not be reported for restricted, committed, or assigned fund
balances in the general fund.
DATE: April 17, 2018
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Out of Metro Area Travel Request for Conference
INTRODUCTION
The Mayor and Council are asked to approve attendance at a State conference for the City
Administrator, to be held May 2-4, 2018.
BACKGROUND
City policy requires that the City Council approve any travel to a location out of the metropolitan
area for city employees.
I am asking your approval to attend the Minnesota City/County Management Association
(MCMA) annual conference in Nisswa, Minnesota, May 2nd to 4th. The program is geared for
City and County managers, and management assistants.
BUDGET IMPACT
The estimated expenses to attend, including conference registration and lodging, is $776. Travel
costs are part of my vehicle allowance, and so do not add to the expense. The 2018 Administration
budget has funding for this conference.
RECOMMENDATION
I ask that the Council approve a motion to approve my attendance at the MCMA Conference.
ACTION REQUIRED
If the Council concurs, it should, by motion approve attendance for the City Administrator at the
MN City/County Management Association annual conference May 2-4, in Nisswa, Minnesota.
Approval of this action requires a majority vote of the City Council.
Mark McNeill,
City Administrator
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Dakota Communications Center Management Control Agreement
Date: April 17, 2018
COMMENT:
INTRODUCTION:
The City Council is asked to approve the City’s participation in a Management Control
Agreement (MCA). This will allow the Dakota Communications Center to comply with FBI and
BCA Security rules.
BACKGROUND:
The Dakota Communications Center (DCC) provides emergency dispatch for all Dakota County
Police and Fire Departments. It is a Joint Powers Organization, authorized under Minnesota law.
The Criminal Justice Information Systems (CJIS) security policy states that non-criminal justice
agencies, such as the DCC, will enter into an MCA with a criminal justice agency. That role is
proposed to be served by the Dakota County Sheriff’s Office. This will allow for the DCC’s
continued access to the BCA’s Criminal Justice network and Federal Bureau of Investigation
databases, which is critical for the operation of the DCC.
In order to do this, the attached MCA needs to be executed by each of the member jurisdictions
of the DCC. That will allow for the Dakota County Sheriff’s Office to provide management
control of the criminal justice information function for the DCC.
As an informational item, a separate Memorandum of Understanding (MOU) between the DCC
and the Dakota County Sheriff’s Office is also attached. The MOU is an agreement that will be
executed between the Dakota County Sheriff’s Office and the DCC, and provides details on the
nature of the relationship. The day to day operations will essentially remain the same for the
DCC; however, the criminal justice information functions will be with the oversight of the
Dakota County Sheriff’s Office.
BUDGET IMPACT:
There is no impact on the City’s budget by entering into this MCA.
RECOMMENDTION:
I recommend that the Council authorize entering into the Management Control Agreement.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the approval of the Dakota
Communications Center Management Control Agreement.
Mark McNeill
City Administrator
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Cancellation of Village Lots LOI
Date: April 17, 2018
COMMENT:
INTRODUCTION:
The City Council is asked to cancel the Letter of Intent (LOI) with Trammell Crow Company for
the development of the three City-owned lots, and Outlot D, which are part of the Village of
Mendota Heights.
BACKGROUND:
On March 21, 2017, the City entered into an agreement with Trammell Crow Company for the
potential development of the three remaining City-owned lots, and Outlot D in the Village at
Mendota Heights. The LOI became effective on March 28, 2017, the date that the City signed
the agreement.
These lots are located between Dodd Road and Linden Street, and on either side of Maple Street.
Trammell Crow had proposed to construct an active adult rental housing development on that
site, with between 150 and 165 living units in the project. The proposed development would
have required the relocation of Maple Street and its underlying utilities.
Initially, the size of the building was to be 5 stories in height, with most parking spaces being
underground. The scope of a building of that size was of concern to neighbors. Concerns were
cited about traffic and visual impacts on neighboring properties and area roadways.
While further adjustments reduced the overall number of stories, the developer’s need to have
nearly 150 units in the building in order to warrant the desired amenities caused the development
to be without sufficient support by the Council to move forward.
As it is apparent that the project is not going to proceed, the LOI should be cancelled.
RECOMMENDTION:
I recommend the Letter of Intent with Trammell Crow Company be cancelled.
ACTION REQUIRED:
If the Council concurs, it should, by motion, adopt Resolution No. 2018-30:
RESOLUTION CANCELLING A LETTER OF INTENT BY AND BETWEEN THE CITY
OF MENDOTA HEIGHTS AND TRAMMELL CROW CHICAGO DEVELOPMENT,
INC. FOR THE PROPOSED PURCHASE OF THREE LOTS AND OUTLOT D
Mark McNeill
City Administrator
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-30
RESOLUTION CANCELLING A LETTER OF INTENT BY AND BETWEEN
THE CITY OF MENDOTA HEIGHTS AND TRAMMELL CROW CHICAGO
DEVELOPMENT, INC. FOR THE PROPOSED PURCHASE OF THREE LOTS
AND OUTLOT D
WHEREAS, on March 21, 2017, the City Council of the City of Mendota Heights
entered into a Letter of Intent with Trammell Crow Chicago Development, Inc., and which was
signed by the parties effective March 28, 2017; and
WHEREAS, said Letter of Intent was for the potential development of a multistory
apartment building for active adults, and would have been constructed in a size between 150 to
165 living units, to be located between Linden Street and Dodd Road in the City; and
WHEREAS, upon research and review, said proposed development was deemed by the
City Council to be inconsistent with the overall character of the surrounding neighborhood in
terms of size, scope, and the impact on area traffic.
NOW THEREFORE IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the Letter of Intent signed March 28, 2017, with Trammell Crow Chicago
Development, Inc. for the potential development of three parcels, identified as Parcel
Identification Numbers 274833503020, 274833503010, and 274833502010, and Outlot D in the
Mendota Heights Town Center plat; is hereby cancelled.
NOW THEREFORE BE IT FURTHER RESOLVED by the City Council of the City
of Mendota Heights that any further development negotiations related to the above-referenced
properties shall proceed without reference to the Letter of Intent. The City Council may require
negotiation, drafting and execution of a new Letter of Intent or a Pre-Development Agreement, to
set forth the parameters and timelines of any preliminary approval of a future development.
Adopted by the City Council of the City of Mendota Heights this 17th day of April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
___________________________
Neil Garlock, Mayor
ATTEST
____________________________
Lorri Smith, City Clerk
274833506020
274833506010
277105000311
274833500050
274833500040
274833506030
276475101061
274833503020
271390001010
274833501010
277105000320277105000450
277105000330277105000440
277105000290
277105000340
274833500010
274833503010
274833502010
277105000281
277105000430
277105000280
273860002080
274833500060
274833507020
274833500070
274833500030
273860004100
277105000260
273860004100
274833507010
273860003070
273860003080
274833500020
702
750
1925
720
700
745755
1938
1944
18991894
1933
1887
1960
699
1937
1888
1941
730
765
698
740DODD RDLINDEN STHILLTOP RD
MAPLE ST OAK STMAR
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S
T
MAIN STK
A
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O
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E
N
S
T
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Dakota County GIS
Village Lots City ofMendotaHeights0150
SCALE IN FEET
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
4/10/2018
To: Mayor and City Council
From: Mark McNeill, City Administrator
Terry Blum, Public Works Superintendent
Subject: Approval of Public Works Truck Purchases
Date: April 17, 2018
COMMENT:
INTRODUCTION:
The City Council is asked to approve the purchase of two pickup trucks for use in the Public
Works Department.
BACKGROUND:
The City’s 2018 budget provided for the purchase of two pickup trucks for use in the Public
Works Department.
The first is a replacement for a 2009 Ford F-250, which is used as the primary vehicle in the
utility department. It would also include a utility box. The crane and magnet which is on the
existing 2009 truck will be transferred to the new truck.
The second truck is a replacement for a 2008 Chevrolet which is used by the mechanic, and is
used for the plowing of snow in cul-de-sacs and parking lots. This will include a lift gate, light
bar, cab rack, and plow package.
Both of these vehicles have been ordered. Council approval is recommended.
BUDGET IMPACT:
The sewer division truck was budgeted at $54,000. The new truck purchase price was $42,700,
and there will be a $13,000 trade-in. With the utility box of $24,300, the total purchase price
was $54,000.
The base price of the second truck is $41,700. After trade-in, and the other equipment, the total
cost comes to $47,673. $54,000 was budgeted for this purchase.
RECOMMENDTION:
We recommend authorization to purchase both vehicles.
ACTION REQUIRED:
If the Council concurs, it should authorize the purchase of a 2018 Ford F-250 for use by the
utility department for $54,000, and another 2018 Ford F-250 for use by the Public Works
Department for $47,673.
To: Mayor and City Council
From: Mark McNeill, City Administrator
Terry Blum, Public Works Superintendent
Subject: Authorize Purchase of Tractor Loader
Date: April 17, 2018
COMMENT:
INTRODUCTION:
The Council is asked to approve the purchase of a John Deere 410-L tractor loader for the Public
Works Department.
BACKGROUND:
The 2018 City Budget includes funding for the purchase of a tractor/loader for use by the Public
Works Department. This would be to replace a 2003 model, and which is becoming worn, and
for which parts are becoming harder to find. The machine is used for both streets and parks
functions. The new machine includes a compactor.
While the acquisition was provided for in the budget, the next step is to have the Council
authorize the purchase. That was not done in this case, and the tractor/loader has been ordered
and delivery has been taken. Approval of payment is on the April 17th claims list.
The purchase was made from the State bidding list, which meets the competitive bid
requirement.
BUDGET IMPACT:
The 2018 budget included $122,500 for the acquisition of this machine. The actual purchase
price is $119,100.61, which included a trade-in value of $30,000.
RECOMMENDTION:
We recommend authorization of the purchase of the John Deere 410-Ltractor loader.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the purchase of a John Deere 410-L
tractor loader for use in the Public Works Department, at a price $119,100.61.
4/4/2018 Mendota Heights Building Activity Report Mike Andrejka, Building Official
March 1, 2018 thru March 31, 2018 January 1, 2018 thru March 31, 2018 January 1, 2017 thru March 31, 2017 January 1, 2016 thru March 31, 2016
Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected Building Permit No.Valuation Fee Collected
SFD 0 -$ $0.00 SFD 3 1,717,925.00$ $18,856.62 SFD 2 505,000.00$ $6,506.78 SFD 1 672,850.00$ 7,325.89$
Apartment 0 -$ $0.00 Apartment 0 -$ $0.00 Apartment 1 4,523,000.00$ $33,080.62 Apartment 0 -$ -$
Townhouse 0 -$ $0.00 Townhouse 4 696,000.00$ $8,921.25 Townhouse 2 450,000.00$ $4,516.88 Townhouse 6 1,465,000.00$ 16,170.54$
Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ $0.00 Condo 0 -$ -$
Misc 40 672,991.05$ 9,147.94$ Misc 89 1,657,319.87$ 23,159.63$ Misc 95 1,211,288.40$ 17,680.56$ Misc 75 1,418,594.24$ 18,727.81$
Commercial 1 5,200,000.00$ $37,547.89 Commercial 2 5,250,960.00$ $38,287.14 Commercial 9 657,895.00$ $10,298.81 Commercial 9 1,132,945.00$ 12,377.34$
Sub Total 41 5,872,991.05$ 46,695.83$ Sub Total 98 9,322,204.87$ 89,224.64$ Sub Total 109 7,347,183.40$ 72,083.65$ Sub Total 91 4,689,389.24$ 54,601.58$
Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected Trade Permit No.Valuation Fee Collected
Plumbing 17 $1,394.89 Plumbing 65 $6,153.54 Plumbing 37 $3,218.13 Plumbing 59 5,502.25$
Water 0 $0.00 Water 0 $0.00 Water 0 $0.00 Water 1 10.00$
Sewer 1 $75.00 Sewer 13 $975.00 Sewer 12 $913.00 Sewer 8 600.00$
Mechanical 45 $4,332.13 Mechanical 132 397.00$ $13,014.53 Mechanical 77 $8,916.48 Mechanical 86 7,695.59$
Sub Total 63 5,802.02$ Sub Total 210 20,143.07$ Sub Total 126 $13,047.61 Sub Total 154 13,807.84$
License No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected Licenses No.Valuation Fee Collected
Contractor 14 $700.00 Contractor 187 $9,350.00 Contractor 210 $10,500.00 Contractor 193 9,650.00$
Total 118 5,872,991.05$ 53,197.85$ Total 495 9,322,204.87$ 118,717.71$ Total 445 7,347,183.40$ 95,631.26$ Total 438 4,689,389.24$ 78,059.42$
NOTE: All fee amounts exclude SAC, WAC and State Surcharge. Amounts shown will reflect only permit, plan review fee and valuation totals
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Joint Meeting—Natural Resources
Date: April 17, 2018
COMMENT:
INTRODUCTION:
The Council is asked to discuss the format of an upcoming joint meeting with the Parks and
Recreation Commission, relating to the discussion of Natural Resources.
BACKGROUND:
At its March 20th meeting, the City Council established Wednesday, May 9th, as the date for a
joint meeting with the Parks and Recreation Commission. The meeting is scheduled to begin at
5:30 PM.
At the April 10th Commission meeting, the Commission was advised of items which have been
identified as being topics for discussion at that joint meeting. The meeting is expected to have an
in-depth discussion of financing for parks and recreation, capital improvements for parks and
trails, and the operation of the Par 3 golf course.
However, there has also been a desire to discuss Natural Resources for the City. A presentation
from a consulting engineer for the updating of the most recent (2002) City Natural Resources
plan is anticipated. However, there is also a desire to discuss a plan for dealing with Emerald
Ash Borer, engineering issues like plans for storm water pond and erosion control inspections,
the possible application for status to be a GreenStep City, citizen involvement, and the need for
City staffing of this function. We are aware of local residents who are interested in this
discussion, and will likely attend.
Staff’s concern is that trying to cover all of these topics in a single meeting will not allow for an
adequate discussion of each of the topics. The Commission is willing to start at 5 PM on that
day, but will need to have a brief regular meeting later that evening—the start of that would be
advertised to follow the adjournment of the joint meeting. As a result, it may be better to
schedule two separate joint meetings. The first would still be on May 9th, but a second one could
be later in May. The Commission is flexible on these options.
RECOMMENDATION:
The Council should discuss whether it wants to discuss these topics at a single meeting, or if a
separate second meeting for Natural Resources should be scheduled.
If there are to be two joint workshops, that second date should be set. Calendars for May and
June are attached.
ACTION REQUIRED:
Determine a meeting date(s) for the City Council to jointly meet with the Parks and Recreation
Commission.
Mark McNeill
City Administrator
Request for City Council Action
MEETING DATE: April 17, 2018
TO: Mayor and City Council, City Administrator
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution to Approve the Preliminary Plat of Orchard Heights with Variance and
Wetlands Permit (Royal Oaks Realty/Olin Family Trust)
Planning Case No. 2017-14
Introduction
City Council is asked to adopt a resolution approving the Preliminary Plat of Orchard Heights, along with a
Variance and Wetlands Permit, for the properties located at 1136 and 1140 Orchard Place.
Discussion
This item was originally presented before the Planning Commission under two separate public hearings at the
June 27 and July 25, 2017 regular meetings. Upon closing the second hearing, the Commission’s motion to
approve the plat was voted down (2-for / 3-against), which constituted a recommendation of denial.
On August 15, 2017, the City Council received the recommendation of denial from the Planning Commission,
and after discussion, the council elected to adopt Resolution No. 2018-57, a resolution denying the preliminary
plat of Orchard Heights, along with the related variance and wetlands permit with certain findings of denial.
On December 14, 201 7, the case of Royal Oaks Realty, Inc. vs. the City of Mendota Heights was presented
before Dakota County District Courts; and thereafter Royal Oaks prevailed in its request for summary
judgment, and the City was ordered by the court to “unconditionally approve the Orchard Heights Preliminary
Plat under the City’s standard subdivision ordinance, including the variance for the proposed cul-de-sac.”
The attached resolution fulfills the order decreed by Dakota Co. District Court Judge Asphaug. The resolution
contains thirteen (13) conditions, which have been revised and amended from the originally proposed
resolution of approval presented at the previous Aug. 15, 2017 meeting. The Developer (Marcel
Eibensteiner/Royal Oaks) has agreed to accept these conditions as part of this plat approval.
The final plat and developer’s agreement will be presented at a future city council meeting date.
Recommendation
The City Council is asked to consider and adopt RESOLUTION NO. 2018-32, A RESOLUTION
APPROVING A PRELIMINARY PLAT OF ORCHARD HEIGHTS AND A VARIANCE AND
WETLANDS PERMIT FOR THE PROPERTIES LOCATED AT 1136 & 1140 ORCHARD PLACE
Action Required
This matter requires a simple majority vote.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-32
RESOLUTION APPROVING A PRELIMINARY PLAT OF ORCHARD HEIGHTS
AND A VARIANCE AND WETLANDS PERMIT
FOR THE PROPERTIES LOCATED AT
1136 & 1140 ORCHARD PLACE
WHEREAS, Marcel Eibensteiner of Royal Oaks Realty (the “Developer”), acting on
behalf of Marilyn Olin and David Olin (the “Property Owners”) has applied for a preliminary plat
to be titled “Orchard Heights”, along with a related variance to exceed the normal length of a cul-
de-sac roadway and wetlands permit for work in and around an established water feature, as
proposed under Planning Case 2017-14, located at 1136 and 1140 Orchard Place (the “Subject
Property”), and legally described in Exhibit A; and
WHEREAS, on June 27, 2017, the Mendota Heights Planning Commission held an initial
public hearing on this plat, variance and wetlands permit applications, whereby a planning staff
report was presented and received by the commission, comments from the general public and
Developer were received and noted for the record, and upon closing the hearing the Planning
Commission recommended to table this matter to the July 25, 2017 meeting; and
WHEREAS, on July 25, 2017, the Mendota Heights Planning Commission received a
supplemental planning staff report and an updated presentation regarding this new subdivision plat
matter, re-opened the public hearing and allowed additional comments from the general public and
Developer, and upon closing the hearing the Planning Commission offered a motion to recommend
approval of the plat, variance and wetlands permit, but said motion failed 2 votes for and 3 against
said adoption, which thereby constituted a recommendation of denial; and
WHEREAS, on August 15, 2017, the City Council received the recommendation of denial
from the Planning Commission, and after discussion between city staff, city council and the
Developer, the council elected to adopt Resolution No. 2018-57, a resolution denying a
preliminary plat of Orchard Heights and its related variance and wetlands permit for property
located at 1136 and 1140 Orchard Place, with certain findings of denial; and
WHEREAS, the case of Royal Oaks Realty, Inc., David J. Olin, James Olin Marital Family
Trusts (the “Plaintiffs”) vs. the City of Mendota Heights (the “Defendant”) came before the
Honorable Karen J. Asphaug, Judge of District Court, on December 14, 201 7 at the Dakota County
Judicial Center, in Hastings, Minnesota, whereby the Plaintiffs’ motion for summary judgment
against the Defendant was granted on March 8, 2018, and the City was ordered by said Court to
“unconditionally approve the Orchard Heights Preliminary Plat under the City’s standard
subdivision ordinance, including the variance for the proposed cul-de-sac; and
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the
Preliminary Plat of Orchard Heights, along with its related Variance and Wetlands Permit as
originally proposed under Planning Case 2017-14, are all hereby approved with the following
amended conditions:
1. The existing single family dwellings and detached accessory buildings must be
removed prior to the Final Plat being recorded by Dakota County.
2. In lieu of land dedication, the Developer/Applicant shall pay a park dedication fee
in the amount of $4,000 per unit (18 lots – 2 existing lots = 16 x $4,000/unit, or
$64,000) is collected after City Council approval and before the Final Plat is
recorded by Dakota County or issuance of any permits.
3. All new homes within this development shall have an automatic fire sprinkler/fire
suppression system, reviewed and approved by the City Building Official.
4. The final grading plan must be submitted and approved by the Public Works
Director prior to any grading or land disturbance operations, pursuant to Mendota
Heights Ordinance §12-1-E-2.
5. Street grades in excess of 6% - but no more than 8% are hereby allowed in certain
locations as shown on the submitted Plans. In the event the Plans are revised in the
future, the Developer must make every effort to meet the 6% grade standard along
this roadway section.
6. The cul-de-sac roadway is allowed to be constructed with no less than a 30-ft. face-
to-face street width.
7. A SWPPP shall be developed for the project as required by Mendota Heights
Ordinance. §14-1-6. Protected waters shall have a double silt fence/redundant
BMP, and a separate NPDES permit is required, per MPCA rules.
8. No disturbances shall occur within a 20-foot wide wetland buffer, which shall
include provisions for no cutting (non-mowing) and a natural vegetation buffer area
around the delineated edges of the wetland. The buffer strip shall be shown and
dedicated on the final plat.
9. No utilities may be buried at a depth greater than 20 feet.
10. Any proposed retaining wall(s) greater than 4 feet in height require engineered
drawings.
11. All Plans shall be reviewed and approved by St. Paul Regional Water Service
(SPRWS). SPRWS requires inspection of the public utilities and water supply to
the fixtures.
12. The Developer/Applicant shall submit a lot survey as part of any building permit
application as required by Mendota Heights Ordinance §11-2-3(B).
13. Future construction on the newly-created parcels will be compliant with all
applicable City Code and Building Code provisions
Adopted by the City Council of the City of Mendota Heights this 17th day of April, 2018.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Neil Garlock, Mayor
ATTEST:
________________________________
Lorri Smith, City Clerk
EXHIBIT A
Legal Description – 1136 Orchard Place
PID: 27-54150-01-010
Lot 1, Block 1, Olin Addition, Dakota County, Minnesota
AND
Legal Description – 1140 Orchard Place
PID: 27 -54150-01-020
Lot 2, Block 1, Olin Addition, Dakota County, Minnesota
PRELIMINARY PLA'
-,for-, ROYAL OAKS REALTY [:
NofN ORCHARD HEIGHTS
GENERAL NOTES
Fee ownership is vested in David Olin (Lot 1, Block 1);
Parcel ID Number: 27-54150-010-10 [1136 Orchard Place]
Fee ownership is vested in Marilyn Olin & Michael Kula (Lot 2,
Block 1); Parcel ID Number: 27-54150-010-20 [1140 Orchard
Place]
Surveyed premises shown on this survey map is in Flood
Zone X (Areas determined to be outside the 0.2% annual
chance floodplain.), according to Flood Insurance Rate Map
No. 27037C0019E by the Federal Emergency Management
Agency, effective date December 02, 2011.
Bearings shown hereon are based on the Dakota County
Coordinate System.
Boundary area of the surveyed premises: 13.449± acres.
A zoning endorsement letter was not furnished to the
surveyor. A search of the City of Mendota Height's web site
indicates that the surveyed premises shown on this survey
is currently zoned R1 -(One Family Residential District).
Under the applicable zoning regulations, the current
setbacks are:
Building: Front = 30 feet
Side yard adjacent to street = 30 feet
Side = 10 feet or (2 Height building)
Rear = 30 feet or (20% Ave. lot depth)
Minimum Lot Area: 15,000 sq.ft.
minimum Lot Width is 100 feet.
For additional information contact the Planning and Zoning
Department at the City of Mendota Heights.
The surveyed premises has access to Orchard Lane, a
public street.
SITE STATISTICS:
Total Boundary Area 585,843 sq. ft. 13.45 acres
WET
Wetland 153,560 sq. ft. 3.53 acres
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LOT 2 15,114
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LOT 4 15,114
LOT 5 15,114
LOT 6 15,114
LOT 7 15,114
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LOT 9
LOT 10
LOT 11
LOT 12
LOT 13
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LOT 15
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LOT 17
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41,694 sq. ft.
175,169 sq. ft.
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LEGEND
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DENOTES ADJACENT PARCEL OWNER INFORMATION
(PER DAKOTA COUNTY TAX INFORMATION)
VICINITY MAP
1 1 1 I
HUNTER LANE
IlifALLARD RD
NfERONICA LN
HILL /-
LEGAL DESCRIPTION
Lots 1 and 2, Block 1, OLIN ADDITION,
Dakota County, Minnesota.
I hereby certify that this survey, plan
or report was prepared by me or under
my direct supervision and that I am
a duly Registered Land Surveyor under
the ws of the State of Minnesota.
DANIEL W. OBERMILLER
Date: 7/14/17 License No. 25341
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Address: 1140 Orchgrd Place
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DRAWN BY: BPN
JOB NO: 17091PP
DATE: 5/30/17
CHECK BY: DWO
SCANNED
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PIN No. 270270003010
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PIN No. 270270004010
Owner: City of Mendota Hghts
Address: Unassigned
TYPICAL EASEMENTS
BEING 10 FEET IN WIDTH ADJOINING RIGHT OF
WAY AND REAR LOT LINES AND 5 FEET IN
WIDTH ADJOINING LOT LINES UNLESS
OTHERWISE SHOWN.
No. 270270064020
Address: 1101 Victoria Curve
111111 SONS INC.
"I1971 Professional Land Surveyors
www.egrud.com 6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel. (651) 361-8200 Fax (651) 361-8701
17091PP