2021-02-02 Council agenda packetCITY OF MENDOTA HEIGHTS
CITY COUNCIL AGENDA
February 2, 2021 – 6:00 pm
Mendota Heights City Hall
MN stat. 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public
location is not practical or prudent because of a health pandemic or declared emergency.
At its meeting on March 17, 2020, the Mendota Heights City Council declared a local emergency due to the COVID-19 pandemic. As a part of
this action, until further notice all City Council and committee meetings will be held by telephone or through other electronic means, with
social distancing measures in place. All public meetings will continue to follow the requirements of the Minnesota Open Meeting Law.
Note that while all or most of the members of the City Council will be participating remotely, the Council Chambers will be open to the public
during this meeting, assuming that social distancing protocols are followed. Interested individuals may access the meeting by using the
meeting connection information below.
With both the log-in or dial-in options, the line will be muted. Observers wishing to make comments on any of the agenda items will need to
contact the City Clerk no later than 12 noon on the day of the meeting, and provide their contact information and the agenda item which they
want to address. Note that any applicable long-distance telephone charges may apply.
Public Attendance is available via telephone: 1-312-535-8110
Meeting Access Code: 177 180 2692 # #
For viewing City Council meetings, tune in to Comcast Cable Channel 18 or view online at
https://www.townsquare.tv/webstreaming during the posted meeting times.
Meetings can also be viewed on demand, after the original airing, at https://www.townsquare.tv/webstreaming .
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Recognition of Outgoing Commission Members
6. Consent Agenda
a. Approve the January 19, 2021 City Council Minutes
b. Approve the January 27, 2021 Council Work Session Minutes
c. Approve the January 27, 2021 Council Special Meeting Minutes
d. Approve Transfer of Fire Station Construction Management Responsibilities to CPMI, LLC
e. Authorize Purchase Orders for the Control of Invasive Plant Species and Restoration within
Valley Park, Rogers Lake Park, and Copperfield Ponds Park
f. Final Payment for Pilot Knob Road Improvements with Dakota County
g. Approve an Extension for a Leave of Absence without Pay for Anthony Patton
h. Approve Fire Synopsis Report
i. Approval of December 2020 Treasurer’s Report
j. Approval of Claims List
7.Citizen Comment Period (for items not on the agenda)
*See guidelines below
8. Public Hearings - none
9. New and Unfinished Business
a. Discussion of Phase 1, Natural Resources Management Plan
Award Professional Services Contract to Applied Ecological Services for the completion
of the Natural Resources Management Plan, Phase 2
b. Resolution 2021-13 Appointments to the Planning Commission and the Parks and
Recreation Commission
c. Set Date for Joint Training Meeting for Commissioners and City Council
d. Ordinance 562 Moratorium on Critical Area District Activities and approve the summary
publication
10. Community Announcements
11. Council Comments
12. Adjourn
Guidelines for Citizen Comment Period:
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 f
To: Mayor and City Council
From: Mark McNeill, City Administrator
Subject: Recognition of Retiring Commissioners
Date: February 2, 2021
Comment:
Introduction:
At its meeting of February 2nd, two individuals will be recognized for their years of service on City
Commissions.
Background:
Pat Hinderscheid began his membership on the Parks and Recreation Commission on February 1, 2012.
He served a total of three-3 year terms. Those years of service ended on January 31st of this year.
Mary Magnussen has served on the Planning Commission since March 1, 2011, when she was initially
appointed to fill the remainder of an unexpired term. She was subsequently appointed to three additional
3 year terms, which also terminated on January 31st.
Because of the City’s policy limiting service by commissioners to three consecutive terms, both must
retire from their respective commissions.
Both have served as Chairs of their commissions; their knowledge and experience will be greatly missed.
Action Required:
Plaques recognizing Pat Hinderscheid for his service to the City as Parks and Recreation Commissioner,
and to Mary Magnussen for her service on the Planning Commission, will be presented at the February
2nd City Council meeting.
Mark McNeill
City Administrator
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 19, 2021
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held at 6:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 6:00 p.m. Councilors Duggan, Paper, Mazzitello, and Miller,
were also present via teleconferencing.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Miller moved adoption of the agenda.
Councilor Paper seconded the motion.
A roll call vote was performed:
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
PRESENTATIONS
A) INTRODUCTION OF DAKOTA COUNTY COMMISSIONER LAURIE HALVERSON
Mayor Levine introduced and provided background information on Dakota County Commissioner Laurie
Halverson.
Dakota County Commissioner Laurie Halverson appeared via teleconference, and stated that she has a
passion for local government and appreciates the work that the Council does for the community. She
welcomed any comments or questions from the Council.
Councilor Miller welcomed Commissioner Halverson and stated that he looks forward to working with
her.
City Administrator Mark McNeill commented that he and Mayor Levine met virtually with Commissioner
Halverson the previous week to discuss potential partnerships between the City and County. He
commented that it was a productive meeting and appreciated Commissioner Halverson taking that time to
meet with them.
Dakota County Commissioner Laurie Halverson commented that COVID-19 continues to be a large focus
with a priority of vaccinating first responders. She stated that they are working to create a legislative
agenda in order to determine what they will advocate for on the state level with a focus on capital projects
and transportation. She commented on the large geographic area and differences within Dakota County
and noted that it is important that the State recognize that. She noted that pedestrian and bike safety is
also a priority for her. She commented that Mendota Heights is a unique community because it has a
small town feel but is close in proximity to major highways. She stated that she would be interested on
input on how the community feels it would be best served by the County and State roadways.
Councilor Duggan commented that he would like to continue to maintain, preserve and protect the small
town feel of Mendota Heights.
Councilor Miller commented that with the increasing populations to the south of the City, Delaware is
posed to be a major throughfare and could benefit from a different perspective.
Councilor Paper welcomed Commissioner Halverson and stated that he is looking forward to meeting
with her one on one to discuss the needs of the community.
Mayor Levine thanked Commissioner Halverson for attending tonight, noting that this was an introduction
and the beginning of this partnership.
CONSENT CALENDAR
Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Duggan moved approval of the consent calendar as presented.
a. Approval of January 12, 2021 City Council Minutes
b. Approval of 2021 Pay Equity Compliance Report
c. Approval of Resolution 2021-10 Final Payment-Acceptance of Fire Station Addition/Remodel
d. Approval of December 2020 Building Activity Report
e. Approval of Claims List
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Councilor Miller aye
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
PUBLIC COMMENTS
No one from the public wished to be heard.
PUBLIC HEARINGS
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) DISCUSSION OF THE PROPOSED TAX INCREMENT FINANCING (TIF) DISTRICT NO. 3 –
2393 PILOT KNOB ROAD (LLOYD’S BBQ)
Community Development Director Tim Benetti explained that the City received a request for tax
increment financing (TIF) assistance from Endeavor Development to facilitate the development of a
75,000 square foot industrial facility in Mendota Heights. The proposed project, located at 2393 Pilot
Knob Road, is being built on a site which requires the construction of a new road/road extension to allow
access to the site (Perron Road East).
Stacie Kvilvang, Ehlers, provided a review of the memorandum which provides details on the need for
TIF assistance based on the analysis of the developer’s project budget and projections, generally known
as a pro forma. Based on the review of the developer’s pro forma and current market conditions, the
proposed development may not reasonably be expected to occur solely through private investment within
the reasonably near future. Due to the costs associated with Perron Road, this project is feasible only
through assistance, in part, from City contributions.
Councilor Paper asked if Perron Road would become a public road.
Community Development Director Tim Benetti commented that it would still be considered a public road.
He explained that the road would be improved with this assistance, if approved.
Councilor Paper asked who would be responsible for maintenance of the road.
Community Development Director Tim Benetti commented that Southview Design currently maintains
that road and the maintenance would still be handled by that party and the applicant.
Councilor Paper asked who would be responsible for a mill and overlay when that is needed.
City Administrator Mark McNeill commented that staff would need to discuss that detail and could report
back to the Council.
Councilor Mazzitello commented that typically there is a development review and development agreement
that would spell out those details. Community Development Director Tim Benetti confirmed that a
separate development agreement would follow. He stated that staff would also work to ensure that
Southview Design would be able to utilize the roadway for their purposes as well.
Councilor Mazzitello commented that there is also an access to the property to the immediate east that has
access from this right-of-way, therefore three parcels would need access from this roadway. He suggested
that staff review the details of the development agreement for Southview Design, as he believed that right-
of-way and access was mentioned.
Councilor Duggan suggested that a meeting occur between the different parties to discuss their
expectations with the City.
Community Development Director Tim Benetti commented that the intent of staff would be that the
agreement not only bind the developer but include access for Southview Design as well. He noted that
the parties have been receptive to working together thus far.
Councilor Miller asked what the developer would do if the Council does not approve the TIF.
Josh Budish, Endeavor Development, commented that they do not have a backup plan. He stated that if
this proposal is not accepted, they would need to start over with other potential uses for the site.
Councilor Duggan asked if the applicant has prospective clients for the spaces.
Mr. Budish confirmed that he has a letter of intent signed from one business that would create 20 jobs and
has prospects for the rest of the building.
City Administrator Mark McNeill commented that the applicant has paid the fee for Ehlers to complete
the analysis.
Community Development Director Tim Benetti stated that if directed by the Council, he would work with
Ehlers to begin the notification process and a public hearing would come forward at a later date to formally
consider the TIF.
Ms. Kvilvang stated that process would typically run along with the development review so that the TIF
could be approved when the development plans are reviewed and approved.
Councilor Paper moved to DIRECT STAFF TO WORK WITH EHLERS AND THE DEVELOPER TO
PROCEED WITH DEVELOPING THE NECESSARY PLANS NEEDED TO MOVE FORWARD TO
A PUBLIC HEARING PHASE.
Councilor Duggan seconded the motion.
A roll call vote was performed:
Councilor Paper aye
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller nay
B) DISCUSSION OF POSSIBLE CHANGE TO CITY CODE TO ALLOW FOR CHARITABLE
GAMBLING IN MENDOTA HEIGHTS
City Administrator Mark McNeill explained that the Council was being asked to discuss the possibility of
modifying the City Code to allow for charitable gambling to take place in the city.
Councilor Duggan asked if there is an estimate for the amount of City staff time would be needed for
operating this type of activity and whether that could be recouped.
City Administrator Mark McNeill reviewed the different types of expenses the City could incur including
review of the reports submitted by the operators as to how the funds are spent. He commented that he
does not have an estimate on the amount of staff time that would be needed to monitor gambling, but if
there is support for this, staff could check with neighboring communities.
Councilor Duggan stated that it was mentioned that the revenue could be expended within the retail trade
area which would include West Saint Paul, noting that he would be concerned that more revenue would
be likely to be spent outside Mendota Heights. He asked if staff had information on the percentage of
revenue that would be spent within the city compared to the other communities. City Administrator Mark
McNeill commented that staff did not have that answer that evening.
Councilor Mazzitello commented that there is a group of residents that are attempting to form a Mendota
Heights Foundation, and he asked if that foundation could benefit from this activity. City Administrator
Mark McNeill confirmed that would be true.
Mayor Levine commented that she has dealt with the generosity of the hockey boosters that have made a
lot of money through charitable gambling pull-tabs, as well as donations to the School District through
dollars for scholars. She stated that gambling happens in the neighboring communities and pull-tabs are
available in the cities of Mendota or West Saint Paul. She stated that only half of the restaurants polled
were interested and therefore she does not see that as being overwhelming support. She stated that in
order to support this, she would need to see more support from the community. She stated that she does
not feel that she would direct staff to expend their resources to gather additional information on this topic.
Councilor Miller echoed the comments of the Mayor as he also has concerns. He stated that the Fire
Department Relief Association has discussed this as a potential revenue opportunity and therefore he
would abstain from any votes on this topic. He stated that to date he has only received one comment and
it was against this issue, therefore he has not seen a lot of support from the community.
Councilor Mazzitello stated that he would want to see a direct benefit to Mendota Heights. He stated that
this service is available in the immediate area and is not something the City needs to pursue with haste.
Councilor Paper stated that his position has been consistent and has not changed. He stated that he would
want to see a restaurant owner come forward with demonstrated benefit and until that occurs, he does not
want to pursue this issue. He commented that the City polled restaurant owners and received a lukewarm
response.
Councilor Duggan agreed that this is not something Mendota Heights needs at this time and would not
want to expend additional staff time on this matter.
City Administrator Mark McNeill confirmed the consensus of the Council to not pursue this topic further.
Councilor Paper clarified that he is not ruling this out forever but would want to see the request driven by
the users rather than the City.
C) UPDATE ON COMMISSION CANDIDATES
City Administrator Mark McNeill provided an update on the results of the Councilor ranked preferences
for candidates for the Parks and Recreation and Planning Commission. These individuals will be invited
to interview on January 27th.
Councilor Miller commented that there was a groundswell of interest, which speaks to the level of interest
in City government in the community. He thanked everyone that submitted an application and noted he
is looking forward to the interviews.
Councilor Paper commented that if the interviewees are going to receive the questions ahead of time
perhaps there would be a different format that could be used for the interviews. He suggested that perhaps
the written answers to the questions be submitted ahead of time for review.
City Administrator Mark McNeill noted that this will be the first fully virtual interview process and
therefore staff is open to discussing the process. He stated that staff could ask interviewees to respond in
writing but then there would be a question as to what the face-to-face interview process would provide.
Councilor Paper stated that he did not have any other suggestions.
Councilor Mazzitello suggested that half of the questions be provided in advance and the other half of the
questions be asked at the interview.
City Administrator Mark McNeill stated that could be done but that will create a disadvantage if the
subsequent applicants hear the questions asked of the earlier applicants.
Assistant City Administrator Cheryl Jacobson stated that candidates could be held in a virtual lobby but it
is an open meeting so staff cannot guarantee that the applicants would not join the open meeting virtually.
Mayor Levine stated that the School Board went through a similar process and acknowledged that the first
candidate was at a disadvantage because the subsequent applicants could hear the questions as it was an
open meeting. She suggested that the questions be provided to the applicants ahead of time. She stated
that she believes there is still benefit in hearing the applicants speak the answers rather than submitting
written answers.
Councilor Duggan asked if this process would permit or allow for follow up questions during the interview
process. City Administrator Mark McNeill noted that a follow up question could be asked if it relates to
the question/answer.
Mayor Levine commented that the Council would have a hard time providing those opportunities with the
number of applicants.
City Administrator McNeill stated that there are no right or wrong answers for the questions as the
questions are meant to provide the applicant an opportunity to share their opinion on the matter
Mayor Levine confirmed the consensus of the Council to provide the applicants with the prepared
questions in advance of the interviews, which will be held virtually.
Mayor Levine thanked everyone that applied, noting that it was an incredible group of applicants. She
expressed appreciation to those willing to serve and noted that there will continue to be volunteer
opportunities within the community.
Councilor Duggan suggested that staff and/or the Mayor call the applicants who were not chosen for an
interview and thank them for applying for the position. Mayor Levine confirmed that she would complete
that activity.
COMMUNITY ANNOUNCEMENTS
City Administrator Mark McNeill announced that the two warming houses are now open. He stated that
the City is offering recreational camps on Presidents Day and encouraged residents to check the City
website for details.
COUNCIL COMMENTS
Councilor Miller commented that he participated in a virtual meeting representing the Fire Department
related to vaccination roll out. He stated that the County has taken the leadership role and noted that
meeting helped to ease his concerns. He encouraged everyone to thank the members of the County
participating in this process as it will require a lot of work. He referenced the recent mail theft and noted
that he has setup a trail camera in an attempt to catch the person.
Councilor Duggan thanked public works for the great work they are doing to clear roads, to the Fire
Department for their efforts, to those tasked with the vaccination administration, and to Recreation
Coordinator Meredith Lawrence for the Quarantine Cup program. He commented that he is also sad to
hear that Mendoberri restaraunt is closing.
Councilor Mazzitello commented that the local businesses have struggled with the closing and changes to
their rules and encouraged residents to patronize them to ensure they can survive. He stated that he has
noticed a lot of people walking around the community at dusk and encouraged residents to wear reflective
clothing that is easy for vehicles to see.
Councilor Paper thanked the Public Works department, noting that the ice rinks are in terrific shape and
well used. He thanked them for providing picnic tables for the skaters to use. He also thanked City staff
for organizing these virtual meetings.
Mayor Levine echoed the comments of the Council and thanked Dakota County Commissioner Laurie
Halverson for attending tonight.
ADJOURN
Councilor Paper moved to adjourn.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine adjourned the meeting at 7:16 p.m.
____________________________________
Stephanie Levine
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Workshop
Held Wednesday, January 27, 2021
Pursuant to due call and notice thereof, a work session of the Mendota Heights City Council was held at City
Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 5:05 p.m. Council members Duggan, Mazzitello, Miller, and
Paper were present via teleconferencing. Staff in attendance included City Administrator Mark McNeill.
INTERVIEWS FOR COMMISSION OPENINGS
The City Council interviewed candidates for two open positions on the Planning Commission and one open
position on the Parks and Recreation Commission. The applicants interviewed were as follows: Cindy
Johnson, Sally Lorberbaum, John Maczko, Mark Hall, Michelle O’Connor, Jaffrey Blanks, Robert Arnold,
Kirsten Ramirez.
Following the interviews, the council discussed and agreed to appoint Sally Lorberbaum (3 year term) and
Cindy Johnson (2 year remainder of unexpired term) to the Planning Commission and Jaffrey Blanks (3
year term) to the Parks and Recreation Commission. This recommendation will be made at the February 2,
2021 Council meeting.
ADJOURN
Mayor Levine adjourned the meeting at 8:15 pm.
____________________________________
Stephanie Levine, Mayor
ATTEST:
_______________________________
Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Special Meeting
Held Tuesday, January 27, 2021
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights,
Minnesota was held immediately following the Council Work Session at City Hall, 1101 Victoria Curve,
Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Levine called the meeting to order at 8:15 p.m. Councilors Duggan, Mazzitello, Miller, and Paper
were present via teleconferencing. Also present was City Administrator Mark McNeill.
RESOLUTION 2021-12 ENDORSING LIZ PETSCHEL FOR APPOINTMENT TO THE
METROPOLITAN AIRPORTS BOARD OF COMMISSIONERS
City Administrator Mark McNeill introduced and provided background information on RESOLUTION
2021-12 ENDORSING LIZ PETSCHEL FOR APPOINTMENT TO THE METROPOLITAN
AIRPORTS BOARD OF COMMISSIONERS. The Board of Commissioners is the governing body of
the Metropolitan Airports Commission and is comprised of 14 seats, plus a Chair. The seat for District
G, which covers Mendota Heights, Mendota, Lilydale, West St. Paul, Sunfish Lake, and a portion of St.
Paul, is up for appointment.
In recognition of Liz Petschel’s extensive knowledge of the airport and its impact on Mendota Heights
and the region, a resolution of endorsement, recommending her appointment to the vacant seat, is
recommended, which will be forwarded to the Governor. Mayor Levine has submitted a separate letter of
support to the Governor.
Council member Duggan moved to approve RESOLUTION 2021-12 ENDORSING LIZ PETSCHEL
FOR APPOINTMENT TO THE METROPOLITAN AIRPORTS BOARD OF COMMISSIONERS.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye.
ADJOURN
Councilor Miller moved to adjourn.
Councilor Mazzitello seconded the motion.
A roll call vote was performed:
Mayor Levine aye
Councilor Duggan aye
Councilor Mazzitello aye
Councilor Miller aye
Councilor Paper aye
Mayor Levine adjourned the meeting at 8:24 p.m.
____________________________________
Stephanie Levine
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
DATE: February 2, 2021
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Fire Station Construction Manager Firm Assignment
Comment:
Introduction:
The City Council is asked to approve the transfer of contractual responsibilities for the Fire Station’s
construction management responsibilities from CPMI, Inc., the CPMI, LLC.
Background:
On October 2, 2018, the City entered into a contract with CPMI, Inc, for it to serve as Construction
manager for the Fire Station remodeling and construction project. The project is now nearing completion.
Late in 2020, the owners of CPMI, Inc. decided to sell CPMI to another company, which CPMI indicates
will allow for a continuation of the company, and will, in essence, allow for operations to continue in
“essentially the same manner”. Some on the Council will remember one of the partners, Paul Oberhaus,
who appeared before the City Council on a monthly basis to provide construction updates. Mr. Oberhaus
indicates that he will remain for a minimum of three years, as will the other employees with whom we
have done business with CPMI.
Mr. Oberhaus states, “The new company CPMI LLC, will have access to more resources and
opportunities for growth, both on a personal level as well as corporate.” He has requested that this
authorization be retroactive to January 1, 2021.
As part of the transition, CPMI, Inc. is required to assign its contracts to the new company.
Discussion:
The existing contract has been reviewed by the City Attorney. He notes that the contract allows for the
City to assign the contract with written consent (Section 10.3). The City Attorney further did research,
and found that CPMI, LLC, is in good standing with the Minnesota Secretary of State’s office.
Recommendation:
In order to facilitate the transfer of contractual responsibilities for the Fire Station project, we recommend
that the Council authorize the transfer.
Action Required:
If the Council concurs, if should, by motion, authorize the City Administrator to send a letter to CPMI,
LLC, acknowledging the transfer of construction management responsibilities for the Mendota Heights
Fire Station Construction project, in a continuation of the Standard Form of Agreement Between Owner
and Construction Manager as Advisor, dated October 2, 2018, retroactive to January 1, 2021..
Mark McNeill
City Administrator
cc: Dave Dreelan, Fire Chief
CPMI
3265 Northwood Circle, Suite 170
Eagan, MN 55121
952 854-3663
15 January 2021
Mark McNeill
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
RE: Cost, Planning & Management International, Inc. name change with CPMI, LLC Acquisition
Dear Mark:
Cost, Planning & Management International, Inc. (CPMI, Inc.) finalized its acquisition by CPMI, LLC
on January 1, 2021. As part of this acquisition, CPMI, Inc. team members have become part of
CPMI, LLC. The same CPMI, Inc. personnel will continue to work with the City on your projects
after the acquisition, and the City will continue to have all its rights under the existing contracts.
CPMI, Inc. is required to assign its interests in its contracts with Mendota Heights to CPMI, LLC.
CPMI, LLC will also be substituted for CPMI, Inc. in the contracts effective January 1.
After January 1, payments and correspondence for the contracts should be addressed to:
CPMI, LLC
1001 Grand Ave, Suite 201
West Des Moines, IA 50265
Please sign and e-mail the City’s consent to this assignment (below) to poberhaus@cpmi.com. Upon
execution of this assignment a current certificate of insurance will be provided.
Thank you
Mendota Heights consents to the assignment of CPMI, Inc. interest in its contracts with the City to CPMI,
LLC as referenced above and agrees that CPMI, LLC will be substituted for CPMI, Inc. effective January 1,
2021.
By: _________________________ By: _________________________
Title: _Mayor_________________ Title: _City Clerk_______________
Date: _______________________ Date: _______________________
REQUEST FOR COUNCIL ACTION
DATE: February 2, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Technician
SUBJECT: Authorize Purchase Orders for the Control of Invasive Plant Species and
Restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds Park
COMMENT:
INTRODUCTION
The Council is asked to authorize a purchase order to Great River Greening for their 2021 work
plan for the management of invasive species and native restoration within Valley Park, Rogers
Lake Park, and Copperfield Ponds Park.
BACKGROUND
Mendota Heights has been working with Great River Greening on invasive species management
and native species restoration in Valley Park and the Oȟéyawahe/Pilot Knob Historic Site for
several years. Great River Greening has also been working on invasive species management
around Rogers Lake starting in 2017, and Copperfield Ponds Park starting in 2019.
DISCUSSION
Valley Park
Great River Greening began invasive species removal in 2009 in Valley Park, with a focus on
garlic mustard, as well as common and glossy buckthorn. Mature plants have been cut and
cleared from infested park areas and follow-up treatment is required to keep the species under
control. Spraying of newly emerging one or two year old plants has proven to be very effective.
The treated areas are then also revegetated using native plant species.
In the 2021 proposed work plan, the work in Valley Park will continue to focus on removal of
woody invasive species such as common and glossy buckthorn, as well as herbaceous invasive
species such as garlic mustard, common burdock, and Japanese hedge parsley. Follow-up work is
also planned, such as revegetation using native vegetation seeding and plantings to re-establish a
native ground cover. Mendota Heights Parks Staff will continue to contribute to the efforts by
loading and hauling cut material. The City’s contribution towards this work is $8,000.
Rogers Lake
This is the fifth year that Rogers Lake Park has been included in the work plan with Great River
Greening. Staff received many compliments for the work that has been done since 2017.
The 2021 work plan in Rogers Lake will continue to focus and follow-up on the previous control
of buckthorn and garlic mustard within the park, and in addition will target Japanese hedge
parsley, common burdock, thistle species and other herbaceous invasives. The proposed work
plan also includes seeding and restoring these areas with native woodland plant species, as well
as clearing of additional woody invasive species as budget allows. Mendota Heights Parks Staff
will load and haul away cut material. The City contribution for this work is $10,900.
Copperfield Ponds Park
The Great River Greening’s proposed work plan for 2021 also includes the continued
management of woody invasives in Copperfield Ponds Park. Great River Greening cleared
several areas of invasive woody species in 2019 and 2020, opening up views to the Copperfield
Ponds from City trails. The 2021 work plan includes treatment of cleared areas of invasive tree
and shrub species, replanting with native grass, sedge, and herbaceous species, as well as the
removal of additional areas of woody invasive species as budget allows. Mendota Heights Parks
Staff will load and haul away cut material. The City contribution for the work proposed at
Copperfield Ponds Park is estimated at $7,400-8,600.
BUDGET IMPACT
City Council has annually included funding in City budgets for ‘Control of Invasive Plants’ in
City Parks . The available amount in the 2020 City Budget in the Parks Maintenance Budget for
this effort is $30,000 for Invasive Species work.
Great River Greening’s is requesting a City contribution of $26,300-$27,500 towards Invasive
Species Control and Restoration of the City Parks discussed above. Great River Greening has
secured an Outdoor Heritage Fund grant through the MN Department of Natural Resources to aid
in funding of the work done at Valley Park, in the amount of $57,500. These funds must be used
by June 30, 2024. The City has also been awarded a grant from the Minnesota Department of
Agriculture for the control of invasive species in 2020, which will extend into 2021, with a
remaining balance of $5,420. A portion of these grant funds may be used towards the
cooperative 2021 work plan with Great River Greening.
RECOMMENDATION
Staff recommends that City Council approve the purchase order for invasive species control and
site restoration to Great River Greening for their 2021 work plan for the management of invasive
species and native restoration within Valley Park, Rogers Lake Park, and Copperfield Ponds
Park.
ACTION REQUIRED
If the Council concurs, it should approve a motion authorizing the Public Works Director to issue
a ‘not-to-exceed’ Purchase Order in the amount of $30,000 to Great River Greening. This action
requires a simple majority vote.
Mendota Heights Work Plan 2021 Proposal
Valley Park
Note: a separate agreement will be drafted to cover work at Valley Park as part of the OHF funding
Greening has allocated for the project to complete 15 acres of forest enhancement.
North Acres Maintenance:
• Spring garlic mustard treatment: We will treat garlic mustard in the cleared area of the North
Oak Knob, as well as the acreage cleared of BT in December of 2020. Chemical will be selected
based on the risk of off target damage to desirable native plants, especially sedge populations
on the north oak knob, and spring ephemerals on the slope east of the creek. Weed torches or
pulling may be considered. Garlic mustard pulling will be considered as an opportunity for
volunteer engagement, which will be directed by Greening staff if undertaken. $1800
• Herbaceous invasive treatment: Managed acres will be monitored for additional invasive
vegetation. Species of most concern will be budock, hedge parsley, and annual weeds that may
appear due to the increased sunlight. June visit with spraying and mowing. $700
• Invasive Brush Maintenance: Regrowth of invasive brush will be monitored in the summer, with
a targeted foliar application occurring in July, followed by a touch up of regrowth in later fall.
We will use any additional budget to expand the removal area in late fall, as in 2020. $3500
• Revegetation: Site will be monitored for evidence of germination from 2020 seeding, and we
will offer a recommendation based on site conditions, which may or may not include forb seed
for a dormant season broadcast seeding in later 2021/early 2022. $2000
Valley Park Total: $8000
Copperfield Ponds
• Spring invasive treatment: The site will benefit from a Spring (Mid-May) visit to manage
herbaceous invasives. Of chief concern on the site are hedge parsley, garlic mustard, burdock,
thistles, and non-native grasses. The site will also be considered as an opportunity for volunteer
invasive removal (hedge parsley pulling). $1400
• Summer vegetation management: The 2019 cleared area will benefit from a mid-season
mowing to prevent seed formation of annual and biennial weeds, as well as continue to allow
sunlight to penetrate to the ground layer. Desirable native vegetation will be avoided to the
degree possible. $1200
• Amur Maple Management: The 2019 and 2020 cleared areas will need to be sprayed
aggressively with a broadleaf herbicide (triclopyr) in mid-summer, if temperatures allow. This
will be followed by a fall re-treatment for any plants that survived the first spray. Any remaining
funds will be used to treat invasive brush outside of the cleared area. $3500
• Revegetation: Establishment of seed broadcast in 2020 will be monitored, and Greening will
provide a recommendation for supplemental seeding. Shrub planting could be considered as an
alternative, with a focus on providing pollination resources for the site. $1300--$2500
Copperfield Ponds Total: $7400-8600
Rogers Lake
• Spring Invasives: Garlic mustard spray across site. $1700
• Summer Herbacous Invasvies: Two visits. Hedge parsley, burdock, thistles, and other
herbaceous invasives will likely make a strong showing in the areas where removal has taken
place recently. $1700
• Invasive Brush Maintenance: Foliar spray of the previously cleared areas. Recommending a
mid-late summer spray of the areas with dense regrowth, with a follow up in later fall to touch
up plants that persevere and to treat areas that received forb seed and/or have a population of
established broad-leaf groundcover. $2000
• Additional Invasive Brush Removal: Complete management area clearing of invasive brush.
Piles could be burned along with existing piles or used a volunteer opportunity. $5500
Rogers Lake Total: $10,900
Total for Valley Park, Copperfield Ponds, and Rogers Lake Park: $26,300--$27,500
Request for City Council Action
DATE: February 2, 2021
TO: Mayor and City Council, City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Final Payment for Pilot Knob Road Improvements with Dakota County
COMMENT:
Introduction
The Council is asked to approve a final payment to Dakota County for Improvements to Pilot
Knob Road, Mendota Heights Road, and Northland Drive.
Background
Dakota County completed a project in 2018 to widen Mendota Heights Road from 1,000 feet
west of County State Aid Highway (CSAH) 31 (Pilot Knob Road) to 800 feet east of CSAH 31
to create left turn lanes at CSAH 31, signal revision at CSAH 31 and Mendota Heights Road, and
the conversion of the CSAH 31 and Northland Drive intersection to a ¾ intersection.
Discussion
The city approved a Joint Powers Agreement (JPA) establishing responsibility for the project and
per County policy, established the cost share for the project. Under this JPA the City is
responsible for 45% of the total project cost (construction, design & administration). Based on
the preliminary estimates from Dakota County, the City of Mendota Heights would pay $78,000
($35,100 for construction and $42,900 for engineering) of the total project cost of $875,333. In
addition, Dakota County has secured Federal funding in the amount of $702,000.
Budget Impact
This project is proposed to be funded with Municipal State Aid (MSA) funds and City
Infrastructure Funds.
The final costs to the city is $80,505.06, which is higher than the $78,000 estimate; the higher
costs were largely due to right of way acquisition costs being slightly higher than anticipated.
The maximum allowable funds from MSA that can be applied is $72,471.19. The remaining
balance of $8,033.87 is proposed to come from the infrastructure fund.
Recommendation/Action Required
Staff recommends Council approve the final payment for Street Widening, Signal Revision,
Right-of-Way Acquisition and Intersection Construction per the JPA signed with Dakota County.
This action requires a simple majority vote.
Pilot Knob Road ImprovementsMendota Heights Road & Northland Drive
January 28, 2021
City ofMendota
Heights0240
SCALE IN FEET
3/4 Intersection
Widened Mendota Heights Road
with Turn Lanes
Widened Mendota Heights Road
with Turn Lanes
DATE: February 2, 2021
TO: Mayor, City Council, and City Administrator
FROM: Cheryl Jacobson, Assistant City Administrator
Kelly McCarthy, Police Chief
SUBJECT: Leave of Absence without Pay Request
INTRODUCTION
The City Council is asked to approve a request for an extension of a Leave of Absence without
Pay for Police Officer Anthony Patton.
BACKGROUND
Mendota Heights Personnel Code, Section 18 allows an employee to request a Leave of Absence
without Pay:
“Upon request by an employee, leave of absence without pay may be granted by
the City Council, taking into consideration good conduct, length of service, and
efficiency of the employee and the general good of municipal service. Such leave
of absence shall not exceed a period of ninety (90) days provided that the same
may be extended with City Council approval beyond such period if the leave of
absence is for continued disability or other good and sufficient reasons, but in no
case shall such leave of absence exceed one year.”
Police Officer Anthony Patton has requested an extension to his Leave of Absence without Pay
status through February 28, 2021. Mr. Patton has been on leave since September 10, 2020 and has
exhausted other leave coverage. The City Council approved a request for a Leave of Absence
without Pay at its special meeting on December 30, 2020.
Approval of a Leave of Absence without Pay is at the discretion of the City and may be granted
by the City Council. If approved, the employee will not accrue vacation, personal leave or
extended disability protection benefits during the period of leave of absence without pay.
Additionally, leave without pay hours will not count toward seniority. Under a leave of absence
without pay status, employees are required to pay the full cost of all group insurance, in order to
continue coverage.
BUDGET IMPACT
None. Ongoing insurance premiums are the responsibility of the employee requesting the leave
of absence without pay.
RECOMMENDATION
Staff recommends that the City Council approve the request for an extension of a Leave of Absence
without Pay through February 12, 2021 for Anthony Patton.
ACTION REQUESTED
If the City Council concurs, it should, by motion, approve an extension of a Leave of Absence
without Pay through February 12, 2021 for Anthony Patton.
DATE: February 2, 2021
TO: Mayor, City Council and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: December 2020 Fire Synopsis
COMMENT:
Fire Calls:
December had the Fire Department paged for service a total of 35 times.
Mendota Heights 29 calls
Lilydale 1 call
Mendota 2 calls
Sunfish Lake 1 call
Other 2 calls
The estimated fire losses for December in Mendota Heights were $70,000 in structure value and
$39,500 in content value.
Types of calls:
Fires: 4 The Mendota Heights Fire Department responded to several fires in December.
One call the department responded to was for smoke coming from the eaves of a home. Upon
arrival, it was discovered that there was a working fire in the residence, which was extinguished.
The department also responded to an oven fire. Another call was for a commercial fire that was
baking paint off of items that then started on fire. This caused the commercial oven to
automatically open which exposed the flames from within. Finally, the department responded to
a small fire along 35E that was out just after our arrival.
Medical/Extrication: 4 December had the Mendota Heights Fire Department responding to
four calls that were medical in nature.
Hazardous Situations: 5 The Fire Department responded to a carbon monoxide call with
detectable levels of carbon monoxide in the home. We also responded to a smell of natural gas
that the department confirmed, but was unable to pick up on our 4 gas monitors (this call was
turned over to Xcel to continue to investigate). The department was also called out for a possible
structure fire that ended up being an electrical outlet that had sparked and smoked but did not
end up causing a structure fire. In addition, there were two calls for Hazmat release
investigations where no problem was found.
Service Calls: 2 Two service calls were to assist with ambulance issues. One fire call was to
assist EMS with a patient being transferred when the ambulance was unable to get up a snow
covered hill to the patients home. The other call was to assist for a patient from a disabled
ambulance in the median to another ambulance. Firefighters only ended up assisting with traffic
control on this call before clearing.
False Alarms: 14 The MHFD was activated for 14 false alarms that were made up of six
equipment malfunctions, six unintentional alarm activations, and two were coded as false alarm
other calls.
Dispatched and Cancelled En route: 4 Four times the Fire Department was requested and
then cancelled before our arrival in our coverage areas. Below you will see that there was a
mutual aid request that was also cancelled before arrival.
Mutual/Auto Aid Requests: 2 The Mendota Heights Fire Department received an auto aid call
from South Metro Fire (this call is accounted for under our actual “Fires” listed above.) We
were called for a structure fire in Mendota Heights and, later that same day, responded to an auto
aid request from South Metro Fire for a fire at an auto body repair facility. In addition, the
Mendota Height Fire Department also responded to one other auto aid request from South Metro
Fire that was cancelled before our arrival on scene.
December Training
December 9 18:30 SCBA RIT Mandatory 4 Opt 2
This was a two station drill going over medical assessment and packaging of a patient for a
rescue on a challenging incline and a mayday/firefighter down rescue scenario.
December 10 07:00 SCBA RIT Mandatory 4 Opt 3
This was a two station drill going over medical assessment and packaging of a patient for a
rescue on a challenging incline and a mayday/firefighter down rescue scenario.
December 16 18:30 Radio Communications
This drill went over proper radio communications including proper verbiage and standardized
terminology between departments in the county.
December 19 20:00 Make-up Training.
This drill time slot was multi-faceted and based on what topics firefighters needed to remain
compliant with department training requirements.
December 21 18:30 Department EMS
This EMS drill was centered on refreshing and recertifying firefighters CPR skills and
certifications.
December 22 07:00 Department EMS
This EMS drill was centered on refreshing and recertifying firefighters CPR skills and
certifications.
Number of Calls 35 Total Calls for Year 348
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential 1 $70,000 $39,500 $274,500
Structure - Contract Areas $40,000
Cooking Fire - confined 1 $0
Vehicle - MH $24,300
Vehicle - Contract Areas $0
Grass/Brush/No Value MH 1
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire 1
OVERPRESSURE RUPTURE $70,000 $39,500 $0
Excessive heat, scorch burns
MEDICAL
Emergency Medical/Assist 3
Vehicle accident w/injuries
Extrication ALL FIRES, ALL AREAS (MONTH)$109,500
Medical, other 1
HAZARDOUS SITUATION MEND. HTS. ONLY STRUCT/CONTENTS $298,800
Spills/Leaks 1
Carbon Monoxide Incident 1 MEND. HTS. ONLY MISCELLANEOUS $500
Power line down
Arcing, shorting MEND. HTS. TOTAL LOSS TO DATE $299,300
Hazardous, Other 3
SERVICE CALL
Smoke or odor removal CONTRACT AREAS LOSS TO DATE $40,000
Assist Police or other agency 1
Service Call, other 1 Total Losses $339,300
GOOD INTENT
Good Intent
Dispatched & Cancelled 4 Current To Date Last Year
Smoke Scare 29 263 292
HazMat release investigation 1 15 29
Good Intent, Other 2 15 9
FALSE ALARMS 1 18 14
False Alarm 2 37 30
Malfunction 6 Total:35 348 374
Unintentional 6
False Alarm, other 2 FIRE MARSHAL'S TIME FOR MONTH
MUTUAL AID 2 INSPECTIONS 22.5
Total Calls 35 INVESTIGATIONS
RE-INSPECTION
WORK PERFORMED Hours To Date Last Year
MEETINGS
FIRE CALLS 537.5 5405.25 5562.5
MEETINGS 60 750 911 ADMINISTRATION 6
TRAINING 360.5 2809.5 3482
SPECIAL ACTIVITY 12.5 730.25 626.75 PLAN REVIEW/TRAINING 2
FIRE MARSHAL 47 226
TOTAL:30.5
TOTALS 970.5 9742 10808.25 REMARKS:
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
DECEMBER 2020 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
DATE: February 2, 2021
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
Krista Spreiter, Natural Resources Technician
SUBJECT: Presentation of the Natural Resources Management Plan, Phase 1, Draft,
And Award Professional Services Contract to Applied Ecological Services for the
completion of the Natural Resources Management Plan, Phase 2
COMMENT:
INTRODUCTION
The Council is asked to hear a report on Phase 1 of the Natural Resources Plan, and accept a
proposal submitted by Applied Ecological Services (AES) (attached), and begin development of
Phase 2 of the update to the City’s Natural Resources Management Plan (NRMP).
BACKGROUND
As part of the City’s Comprehensive Plan process, the need for an update to the City’s existing
Natural Resources Management Plan was identified, and Phase 1 of the NRMP was approved by
City Council for inclusion in the City’s 2020 budget. Phase 2 of the plan was then proposed, and
subsequently included as part of the City’s 2021 budget.
A NRMP Steering Committee was formed as a result of work done on the 2040 Comprehensive
Plan. It is comprised of four residents (Cindy Johnson, Leslie Pilgrim, Sue Light, and Will
Stein), who were assisted by Krista Spreiter and Ryan Ruzek from City staff. The NRMP
Steering Committee developed and solicited a Request for Proposals for the update to the City’s
NRMP (attached).
RFP’s were solicited. Six proposals were submitted in response, and those were ranked by City
Staff and the Steering Committee. Applied Ecological Services was recommended by Staff and
the Steering Committee, and authorized by the City Council to begin the process of developing
the Natural Resources Management Plan.
DISCUSSION
Applied Ecological Services has completed a draft of Phase 1 of the NRMP Update, which will
be presented to the City Council and public. Applied Ecological Services has submitted a
proposal to the City to continue with the process of preparing the Natural Resources
Management Plan and begin working to complete the second phase of the Plan.
Phase 2 of the NRMP includes the following tasks:
• Task 7. Final NRMP: Conservation concept (map), management briefs for City natural
areas, list of priority projects, and implementation plan, including five-year annual cost
estimate.
• Task 8. Final NRMP: Brief section to plan for outreach to, and invasive plant control on,
private lands, for easements, and for lowland and aquatic communities.
• Task 10. Recommended changes as redlined comments and commentary for revising 3-5
ordinances and policies (depending on City's preference) to improve natural resources
management.
• Task 11. Final NRMP: Section in plan identifying key messages about natural resource
management and ways of effectively communicating those to the public; includes
recommendations for program to use volunteer and other low-cost labor.
• Task 13. Final NRMP: Brief section describing steps and schedule for regularly updating
NRMP.
• Task 14. 3 City team meetings; 2nd round of public outreach; presentation to Council.
• Task 15. Final NRMP: Compile all Phase 1 and 2 report sections for delivery to City;
includes review & revision.
BUDGET IMPACT
The first phase of the NRMP was authorized by the City Council in the amount of $71,276, for
which a draft has now been completed and will be presented at this meeting.
Phase 2 tasks total $54,161 (see attached budget). If the City Council so desires, the second
phase may be completed in 2021 for an additional $54,161. $55,000 was provided for this
purpose in the 2021 Operating Budget.
RECOMMENDATION
After hearing a presentation on Phase 1, the City Council is recommended to approve the
proposal submitted by AES, and then authorize AES to begin the process of developing the
City’s Natural Resources Management Plan Phase 2 Update.
ACTION REQUIRED
After hearing the Phase 1 summary presentation, the Council should approve a motion
authorizing the Public Works Director to issue a ‘not-to-exceed’ Purchase Order in the amount of
$54,161 to Applied Ecological Services, for Phase 2 of the Natural Resources Management Plan.
This action requires a simple majority vote.
January 5, 2021
Ryan Ruzek,
City of Mendota Heights, Public Works Director
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Ryan:
Thank you for notifying us that Council approved Phase 2 of the Mendota Heights Natural
Resources Management Plan. Please find below the list of Phase 2 deliverables and, on the
second page, the budgets for Phase 1 (for reference) and Phase 2.
Deliverables under Phase 1 were listed in a May 13, 2020 letter to the Selection Committee as
an Amendment to the original proposal that AES submitted on April 6, 2020. Please recall that
some deliverables under Phase 1 are in still progress, with delivery scheduled for 2021.
Deliverables Phase 2
Task 2. Final NRMP: Complete field work and document that includes all sections in original
proposal.
Task 7. Final NRMP: Conservation concept (map), management briefs for City natural areas,
list of priority projects, and implementation plan, including five-year annual cost estimate.
Task 8. Final NRMP: Brief section to plan for outreach to, and invasive plant control on, private
lands, for easements, and for lowland and aquatic communities.
Task 10. Recommended changes as redlined comments and commentary for revising 3-5
ordinances and policies (depending on City's preference) to improve natural resources
management.
Task 11. Final NRMP: Section in plan identifying key messages about natural resource
management and ways of effectively communicating those to the public; includes
recommendations for program to use volunteer and other low-cost labor.
Task 13. Final NRMP: Brief section describing steps and schedule for regularly updating
NRMP.
Task 14. 3 City team meetings; 2nd round of public outreach; presentation to Council.
Task 15. Final NRMP: Compile all Phase 1 and 2 report sections for delivery to City; includes
review & revision.
Phase 2 tasks total $54,161 (see following page). We’d like to mention that in our original
proposal we offered to complete an inventory of trees along City streets and solitary trees in
public parks, at an estimated level of effort of $16,000-$21,000, depending on City-defined
scope. This work is not included in the Phase 2 budget.
With kind regards,
Kim Alan Chapman, PhD
Regional Director | Project Director
651-341-5980 | kim@appliedeco.com
Doug Mensing, MS
Senior Ecologist | Project Manager
612-202-2252 | dougm@appliedeco.com
Mendota Heights Natural Resources Management Plan, Phases 1 & 2
Summary of Estimated Costs
Task
Number Task Description AES Labor AES Expenses SRF Labor &
Expenses Total Budget Phase 1
(2020)
Phase 2
(2021)
01 Prepare Vision, Goals & Natural Resource Summary 1,080$ -$ -$ 1,080$ 1,080$
02 Describe Historical & Existing Natural Resources 41,520$ 890$ -$ 42,410$ 39,685$ $2,725
03 List Challenges and Opportunities for City’s Natural Resources 720$ -$ -$ 720$ 720$
04 Assess City’s Existing Natural Resources Program & Volunteer Activities $ 1,400 $ - $ - $ 1,400 1,400$
05 Define Target Plant Communities & Restoration Approaches $ 3,000 $ - $ - $ 3,000 3,000$
06 Identify & Plan for Priority Natural Resources & Actions $ 1,170 $ - $ - $ 1,170 1,170$
07 Prepare Implementation Plan & Innovative Management Approaches $ 18,610 $ - $ - $ 18,610 18,610$
08 Identify & Plan for Other Natural Resource Projects & Actions $ 3,180 $ - $ - $ 3,180 3,180$
09 Plan for Climate Resilience through Natural Resource Management $ 2,610 $ - $ - $ 2,610 2,610$
10 Recommend Changes to City Natural Resource Policies $ 4,320 $ - $ - $ 4,320 4,320$
11 Plan for Public Engagement, Education & Volunteerism $ 2,160 $ - $ - $ 2,160 2,160$
12 Prioritize Funding Sources & Write Grant Proposal $ 5,630 $ - $ - $ 5,630 5,630$
13 Future Review & Schedule $ 720 $ - $ - $ 720 720$
14 Team Meetings, Education of Residents, Council Presentation $ 8,810 $ 96 $ 2,867 $ 11,773 7,985$ 3,788$
15 Draft & Final NRMP $ 22,350 $ - $ 4,304 $ 26,654 7,996$ 18,658$
PROJECT TOTAL $ 117,280 $ 986 $ 7,171 $ 125,437 71,276$ 54,161$
Proposed Phasing
Request for City Council Action DATE: February 2, 2021 TO: Mayor, City Council, and City Administrator FROM: Lorri Smith, City Clerk SUBJECT: Resolution 2021-13 Appointments to Planning, and Parks and Recreation Commissions
COMMENT:
Introduction
The Council is asked to make appointments for vacancies on the Planning Commission and the
Parks and Recreation Commission.
Background
Per City Code, members of the Planning Commission and the Parks and Recreation Commission
are limited to 3 consecutive full terms. Planning Commission member Mary Magnuson, and
Parks and Recreation Commissioner Pat Hinderscheid have both completed three full terms and
cannot be reappointed. Staff advertised the open positions, and at a work session, the Councilors
interviewed candidates.
At a January 27, 2021 Council Work Session, the Council determined that Sally Lorberbaum
was designated to fill the full three year term on the Planning Commission which had been that
of Mary Magnuson. Further, Cindy Johnson is recommended to fill the unexpired term of John
Mazzitello, who had been appointed to the City Council. That term expires on January 31, 2023.
Sally Lorberbaum currently serves on the Airport Relations Commission. She has submitted her
resignation from that Commission as a result of the new appointment. Staff will research options
for filling the vacancy and will report those to the Council at a future time.
Jaffrey Blanks is the preferred candidate to be appointed to the Parks and Recreation
Commission.
Recommendation
In order to make the appointments official, the Council should approve Resolution 2021-13
Appointing Residents to the Planning Commission and the Parks and Recreation Commission.
Action Required
If the Council concurs, it should, by motion, adopt Resolution 2021-13 Appointing Residents to
the Planning Commission and the Parks and Recreation Commission.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-13
A RESOLUTION MAKING APPOINTMENTS TO FILL VACANCIES ON THE
PLANNING COMMISSION AND PARKS AND RECREATION COMMISSION
WHEREAS, the City Council of the City of Mendota Heights benefits from the active
participation of citizens in representing the City on boards and commissions; and
WHEREAS, the Planning Commission serves as an advisory body to the City Council. They
advise the City Council on matters pertaining to comprehensive planning, amendments to the zoning
code, conditional use permits, wetlands permits, and development plans; and
WHEREAS, the Parks and Recreation Commission serves as an advisory body to the City
Council and advises the Council on matters pertaining to parks and recreational programs, the use
and operation of the parks and recreational facilities, and improvement of the parks facilities; and
WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights
residents Sally Lorberbaum and Cindy Johnson to serve the City on the Planning Commission; and
WHEREAS, the City Council recognizes the excellent qualifications of Mendota Heights
resident Jaffrey Blanks to serve the City on the Parks and Recreation Commission.
NOW, THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that it
hereby appoints Sally Lorberbaum to the Planning Commission, for a three year term to expire on
January 31, 2024.
BE IT RESOLVED by the Mendota Heights City Council that it hereby appoints Cindy
Johnson to the Planning Commission, to fill an unexpired term to expire on January 31, 2023.
BE IT ALSO RESOLVED by the Mendota Heights City Council that it hereby appoints
Jaffrey Blanks to the Parks and Recreation Commission, for a three term to expire on January 31,
2024.
Adopted by the Mendota Heights City Council this 2nd day of January, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST: ______________________________
Stephanie Levine, Mayor
_____________________________
Lorri Smith, City Clerk
DATE: February 2, 2021
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Set Date for Joint Training Meeting for Commissioners and City Council
Comment:
Introduction:
The City Council is asked to set a date to hold a meeting to train and orient members of the Council, and
of the City’s Commissions.
Background:
The City has Commissions which are comprised of volunteers who have been appointed by the Council to
advise it in the areas of Planning, Parks and Recreation, and Airport Noise. Each has seven members, with
a variety of years of service of the commissioners.
While new appointees have previously been oriented by members of City staff and more seasoned fellow
commissioners, there are laws, practices, and responsibilities which warrant formal training. Such topics
include ethics, gift law, Robert’s Rule of Order and the conducting of meetings, open meetings, records
retention, data practices, conflicts of interest, roles and responsibilities, and similar issues.
We recommend that a virtual training session be offered, where all members of the Commission and the
City Council could watch and learn. It is especially timely as the Commissions begin a new year of
appointments and reappointments. The presentations would be by the City Attorney, and members of staff.
The event would be recorded for viewing at a later time by those who are unable to attend, or offered as
new members are appointed.
Participation by commissioners and the Council is strongly encouraged. Regardless of the length of service,
and whether this is new information or seen as a refresher course, attendance should be very important.
Possible dates are:
• Monday, February 22 (a virtual skate park design meeting is scheduled at 6 PM, but could be
rescheduled)
• Wednesday, February 23
• Thursday, March 4
A February and March calendar is attached. The Council should also determine a starting time.
Recommendation:
The Council should determine a date and time for a Commission/City Council orientation/training
session. Once determined, the affected commissioners will be notified.
Action Required:
Decide on a date and time for the joint Commission/City Council orientation/training presentation.
Request for City Council Action
MEETING DATE: February 2, 2021
TO: Mayor Levine and City Council
FROM: Mark McNeill, City Administrator
Tim Benetti, Community Development Director
SUBJECT: Adopt Ordinance No. 562 - An Interim Ordinance Placing a Moratorium on Proposed
Development, Subdivision or Certain Construction and Building Activity Requiring a
Permit for Properties Situated in the Critical Area Overlay District
Introduction
The City Council is being asked to consider adopting Ordinance No. 562, which establishes a temporary
moratorium on any proposed or requested land use application requests on properties situated in the current
Critical Area Overlay District.
Background
Under Minnesota State Statute 426.355, Subd. 4, local governments have the authority to enact moratoriums
on development in order to protect the planning process, and to allow cities time to conduct and complete a
study (if needed), for the purpose of considering adoption or amendment of a comprehensive plan or official
controls as defined in section 462.352, Subdivision 15, to-wit:
"Official controls" or "controls" means ordinances and regulations which control the physical
development of a city, county or town or any part thereof or any detail thereof and implement the general
objectives of the comprehensive plan. Official controls may include ordinances establishing zoning,
subdivision controls, site plan regulations, sanitary codes, building codes and official maps.
The governing body of the municipality may adopt an interim ordinance applicable to all or part of its
jurisdiction for the purpose of protecting the planning process and the health, safety and welfare of its citizens.
The interim ordinance may regulate, restrict, or prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective.
Discussion
Mendota Heights has enacted previous moratoriums, including ones related to cellular towers, detached
accessory structures and garages, certain industrial uses, massage therapists and adult- uses.
The moratorium would temporarily halt any permits needed for new single-family or multi-family units; new
business or industrial developments; new subdivision plats; or major construction activities requiring a grading
or land disturbance permit. This moratorium would apply to all properties situated in the Critical Area Overlay
District (see attached map).
As part of the city’s recent 2040 Comprehensive Plan project, the amended plan includes a chapter specifically
related to the Mississippi River Critical Corridor Area (MRCCA), which essentially is the same limits
established by the Critical Area Overlay district. In 2016, the Minnesota Department of Natural Resources
(DNR) revised the rules and regulations governing development within the MRCCA for all those communities
that contain a MRCCA boundary. Local communities within the corridor are required to complete a MRCCA
plan as a separate chapter of their Comprehensive Plan Update; and complete an official zoning ordinance
update (amendment) by end of 2021. The City was notified in January that the DNR has given its approval
for the City’s proposed MRCCA plan; final approval is now up to the Metropolitan Council
During this 12-month moratorium period, city staff will be able to research and present information to the
planning commission and City Council as soon as it becomes available; and intends to have a final zoning
ordinance amendment presented in the future for adoption.
Neither City Code nor state law requires the holding of a public hearing or provide any specific notice for the
interim moratorium. For interim ordinances under Minn. Stat. 462.355, a public hearing is only required if
there is a written request for a housing proposal or if it affects livestock operations; neither of those apply in
this case.
The City’s normal practice would be to post notice of this proposed change for 10 days, meaning that it could
be considered at the February 16th Council meeting. If the Council wishes to hold a public hearing, they may
do so by a motion and simple majority vote. There would be a public hearing requirement to amend the
zoning code (once the moratorium is over).
However, the Council may choose to enact this at the February 2nd meeting, by adopting the proposed
Ordinance.
Recommendation
A statutory or home rule charter city may adopt an interim ordinance that regulates, restricts, or prohibits a
housing proposal or certain development activities, only if the ordinance is approved by majority vote of all
members of the City Council.
This proposed ordinance document has been reviewed by the City Attorney’s office for compliance with state
statutes and rules on local government enacted moratoriums, and has been approved for content.
If the Council wishes to first provide public notice instead, it should direct staff to post notice, and then consider
this ordinance at the regular February 16th meeting.
Action Required
If the City Council wishes to immediately authorize and implement this interim moratorium ordinance, it may
simply adopt Ordinance No. 562 as presented at the February 2nd meeting. This action requires a simple-
majority vote of the council.
If the Council wishes to adopt the Summary Ordinance 562 (for publication) it must be adopted by super-
majority (4 / 5) vote.
Should the Council desire to conduct a public hearing in this matter and moratorium, it should delay any action
on the attached ordinance documents, and direct city staff to post and publish notices, and prepare the final
interim ordinance for final consideration at the February 16th regular meeting.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 562
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON
PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND
BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN
THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS
The City Council of the City of Mendota Heights, Dakota County, Minnesota (the “City”)
does hereby ordain as follows:
WHEREAS, under Chapter 3 Critical Area Overlay District of the Mendota Heights City
Code, the City of Mendota Heights finds that the Mississippi River corridor within the
metropolitan area and the city is a unique and valuable local, state, regional and national resource;
the river is an essential element in the local, regional, state and national transportation, sewer and
water and recreational system and serves important biological and ecological functions; and the
prevention and mitigation of irreversible damage to this resource and the preservation and
enhancement of its natural, aesthetic, cultural and historic values is in furtherance of the health,
safety and general welfare of the city; and
WHEREAS, the City of Mendota Heights has determined that certain development
activities in the current Critical Area Overlay District may pose a threat to surrounding properties
and may be detrimental to the public health, safety, and general welfare of the citizens of the City
of Mendota Heights; and,
WHEREAS, the City’s comprehensive plan, zoning, and development regulations may
not adequately address various impacts to the public health, safety, and general welfare that
potential uses or new developments may present to the overlay district; and,
WHEREAS, in order to provide adequate time for study, analysis, and consider
finalization of potential city code or comprehensive plan amendments related to any new
development in the Critical Area Overlay District and/or Mississippi River Critical Corridor Area
(“MRCCA”), the City Council of the City of Mendota Heights, Minnesota, does hereby ordain the
following:
SECTION 1. AUTHORITY.
1.1 The City of Mendota Heights is authorized under Minnesota Statutes Section
462.355, Subd. 4, to regulate, restrict or prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof while the City is conducting studies, or has authorized a study to
be conducted or has scheduled a hearing to consider adoption or amendment of the comprehensive
plan or official zoning controls.
SECTION 2. PURPOSE
2.1 The purpose of this interim ordinance is to protect the planning process and to
ensure the health, safety, and welfare of the citizens of Mendota Heights by placing a temporary
moratorium on the submittal and consideration of critical area permit applications needed to
authorize and approve any proposed building permit, zoning approval, subdivision approval, or
certificate needed for any action or development on properties situated in the Critical Area Overlay
District within the City.
2.2 The ordinance will allow the City to complete a study and consider adoption of
comprehensive land use and zoning regulations and/or amendments.
2.3 The City Council is concerned that the City’s current zoning regulations, especially
Chapter 3 –Critical Area Overlay District, may not adequately address specific land use standards
and regulations needed to protect the properties in and around the critical area district.
2.4 In addition to the proper zoning classifications and development standards of such
uses, there are a number of significant planning and land use issues pertaining to the regulation of
such uses in this overlay district.
2.5 Minnesota Statutes, Section 462.355, sub. 4, permit the adoption of an interim
ordinance to regulate, restrict, or prohibit any use, development, or subdivision within the
jurisdiction or a portion thereof for a period not to exceed one year from the date it is effective.
SECTION 3. PLANNING AND ZONING STUDY; MORATORIUM.
3.1 A study is authorized to be conducted by City staff or a contracted consultant in
order to determine and new land use standards and regulations to be adopted and implemented into
an updated Critical Area Overlay District chapter or a new MRCCA chapter. The scope of the
study should include, but is not limited to the following:
a) The statutory authorization and policies of the city;
b) General provisions and definitions of the district;
c) Administration of the district;
d) Special land use provisions, including structure standards such as height, placement
(setbacks) and lot sizes;
e) Performance standards for private and public facilities;
f) Vegetation and woodland management standards;
g) Landalteration standards;
h) Stormwater management standards; and
i) Subdivision and land development standards.
3.2 Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.3 Pending completion of the study and adoption of any amendments to the City’s
official controls, a moratorium is established on the issuance of any development and land-use
approvals, including but not limited to critical area permits, preliminary plats, re-zonings,
variances, conditional use permits, site plans, and/or building permits and licenses.
3.4 Exempted from this moratorium will be any development or construction activity
that meets the requirements of City Code Section 12-3-5, Subd., 5 – as a minor development; or
any development or construction activity that does not expand the outer footprint of a building or
attached structure.
4.4 This ordinance will be effective for a period of twelve (12) months after its effective
date.
SECTION4.ENFORCEMENT
4.1 Violation of any portion of this ordinance shall be a misdemeanor punishable by
imprisonment for up to 90 days and a fine of $1,000.00 or both, plus the costs of prosecution. Each
day that a violation occurs shall be considered a separate offense.
4.2 The City may enforce any provision of this ordinance by mandamus, injunction or
any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 5. SEPARABILITY
5.1 Every section, provision or part of this ordinance is declared separable from every
other section, provision or part of this ordinance. If any section, provision, or part of this ordinance
is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate
any other section, provision, or part of this ordinance.
This Ordinance shall take effect immediately upon passage and shall remain in effect until the date
of the adoption of the official controls contemplated hereunder, the repeal of this ordinance, or
February 2, 2022, whichever occurs first.
nd
Adopted and ordained into an ordinance this 2 day of February, 2021.
CITY COUNCIL OF MENDOTA HEIGHTS
/s/Stephanie Levine, Mayor
Attest:
/s/ Lorri Smith, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. 562
AN INTERIM ORDINANCE PLACING A TEMPORARY MORATORIUM ON
PROPOSED DEVELOPMENT, SUBDIVISION OR CERTAIN CONSTRUCTION AND
BUILDING ACTIVITIES REQUIRING A PERMIT FOR PROPERTIES SITUATED IN
THE CRITICAL AREA OVERLAY DISTRICT AND CITY OF MENDOTA HEIGHTS
NOTICE IS HEREBY GIVEN that, on February 2, 2021, Ordinance No. 562 was
adopted by the City Council of the City of Mendota Heights, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
562, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council exercises
the City of Mendota Heights’s authority under Minn. Stat. § 462.355, subd. 4 to place a temporary
moratorium on proposed development, subdivision, and certain construction and building
activities, including the submittal and consideration of critical area permit applications needed to
authorize and approve any proposed building permit, zoning approval, subdivision approval, or
certificate needed for any action or development on properties situated in the Critical Area Overlay
District within the City.
A printed copy of the whole ordinance is available for inspection by any person during the
City’s regular office hours at the office of the City Administrator/City Clerk or on the City’s
website.
PASSED, ADOPTED and APPROVED FOR PUBLICATION by the City Council
of the City of Mendota Heights, Minnesota, this 2nd day of February, 2021.
CITY COUNCIL OF MENDOTA HEIGHTS
/s/Stephanie Levine, Mayor
Attest:
/s/ Lorri Smith, City Clerk