2022-08-03 City Council Agenda PacketCITY OF MENDOTA
HEIGHTS CITY COUNCIL
AGENDA
Wednesday, August 3, 2022
6:00 pm
Mendota Heights City Hall
1.Call to Order
2.Roll Call
3.Pledge of Allegiance
4.Adopt Agenda
5.Consent Agenda
a.Approval of July 19, 2022 City Council Minutes
b.Approval of July 19, 2022 City Council Work Session Minutes
c.Acknowledge the June 28, 2022 Planning Commission Meeting Minutes
d.Approve Temporary Liquor License for Holy Family Maronite Catholic Church
e.Approve Hire of Probationary Firefighters
f.Approve Purchase Order for Manhole Rehabilitation on Chippewa Avenue
g.Approve Purchase of 2017 Ford Explorer
h.Out of the Metro Travel Authorization—Minnesota Recreation and Park
Association Conference
i.Acknowledge June 2022 Fire Synopsis
j.Approval of June 2022 Treasurer’s Report
k.Approval of Claims List
6.Citizen Comment Period (for items not on the agenda)
*See guidelines below
7.Presentations
a.Dakota County 2021 Private Well Sampling Results
8.Public Hearings
a.Resolution 2022-58 Vacation of Easement for Mendota Heights Business Park
9.New and Unfinished Business
a.Resolution 2022-59 Approving a Conditional Use Permit (CUP) to Dish
Wireless to Install New Cellular Antenna Improvements on top of Two Rivers
High School, 1897 Delaware Avenue
b.Resolution 2022-60 Approving a Variance for New Garage Addition to Tim &
Megan Altier of 1057 Esther Lane
10.Community Announcements
11.Council Comments
12.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, July 19, 2022
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.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
MOMENT OF SILENCE – IN MEMORY OF OFFICER SCOTT PATRICK (EOW JULY 30, 2014)
The Council, audience, and staff held a moment of silence in memory of Officer Scott Patrick whose end
of watch was July 30, 2014. Mayor Levine stated that people will gather at the corner of Smith and Dodd
on July 30th at 12:20 p.m. to honor the memory of Officer Scott Patrick.
AGENDA ADOPTION
Mayor Levine presented the agenda for adoption. Councilor Mazzitello moved adoption of the agenda.
Councilor Miller seconded the motion.
Further discussion: Mayor Levine suggested moving Item C to be considered as Item A under New and
Unfinished Business.
Councilor Mazzitello moved the approval of the amendment to the agenda.
Councilor Duggan seconded the motion.
Ayes: 5
Nays: 0
PRESENTATIONS
There were no presentations.
CONSENT CALENDAR
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Mayor Levine presented the consent calendar and explained the procedure for discussion and approval.
Councilor Mazzitello moved approval of the consent calendar as presented, pulling items A, C, H, I, and
O.
a. Approval of July 5, 2022 City Council Minutes
b. Acknowledge the June 8, 2022 Natural Resources Commission Meeting Minutes
c. Acknowledge the June 14, 2022 Parks and Recreation Commission Meeting Minutes
d. Adopt Resolution 2022-54 Approving an Administrative MRCCA Permit for New Fence at 1129
Orchard Circle (Planning Case No. 2022-15)
e. Adopt Resolution 2022-55 Approving an Administrative MRCCA Permit for New Fence at 1125
Orchard Circle (Planning Case No. 2022-16)
f. Adopt Resolution 2022-56 Approving an Administrative MRCCA Permit for New Fence at 1901
Glenhill Road (Planning Case No. 2022-17)
g. Acknowledge the May Par 3 Financial Report
h. Approve Purchase of 2017 Ford Explorer
i. Joint Powers Agreement (JPA) Between the City of Mendota Heights and the City of West Saint
Paul Relating to ISD 197 Aquatic Center Sanitary Sewer Billing
j. Approve Communications Coordinator Hire
k. Approve Purchase of Fire Department Thermal Imaging Cameras
l. Accept Wetland Delineation Report for the River Greenway Project
m. Approve the Banking Authorization Signatory Changes
n. Approve June 2022 Building Activity Report
o. Approval of Claims List
Councilor Paper seconded the motion.
Ayes: 5
Nays: 0
PULLED CONSENT AGENDA ITEMS
A) APPROVAL OF THE JULY 5, 2022 CITY COUNCIL MINUTES
Councilor Duggan noted on page nine, the very top, it should state, “…staff to draw a clearer map showing
the new property divisions for residents.” On page nine, the fourth paragraph under New Business, it
should state, “…to protect the community in relation to the pool.” Under Budget Memo for Meeting
Dates, it should state, “…and at 6:15...”
Councilor Duggan moved to approve THE JULY 5, 2022 CITY COUNCIL MINUTES WITH THE
NOTED CHANGES.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
C) ACKNOWLEDGE THE JUNE 14, 2022 PARKS AND RECREATION COMMISSION MEETING
MINUTES
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Councilor Duggan noted on page 16, the middle of the page, it states that Public Works Director Ryan
Ruzek stated that he had not received official notification from the DNR. He asked staff for a follow up
on that item.
Public Works Director Ryan Ruzek explained that the DNR has accepted the amendment and signatures
were needed from the City Clerk and Mayor. He stated that the City should be receiving the full grant
amount for Wentworth Park.
Councilor Duggan moved to acknowledge THE JUNE 14, 2022 PARKS AND RECREATION
COMMISSION MEETING MINUTES.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
H) APPROVE PURCHASE OF 2017 FORD EXPLORER
Councilor Duggan stated that item exceeds $10,000 and thought that required approval. He asked if this
was a purchase or transfer.
Finance Director Kristen Schabacker stated that this is a request to purchase the 2017 Ford Explorer which
is currently a leased vehicle.
Councilor Duggan commented that it was his belief that an item over $10,000 should not be included on
the Consent Agenda and therefore pulled it out for discussion. He stated that he is not opposed to the
purchase.
Councilor Duggan moved to approve PURCHASE OF 2017 FORD EXPLORER.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
I) JOINT POWERS AGREEMENT BETWEEN THE CITY OF MENDOTA HEIGHTS AND THE
CITY OF WEST SAINT PAUL RELATING TO ISD 197 AQUATIC CENTER SANITARY SEWER
BILLING
Councilor Duggan asked who would benefit from this, as the school district is larger than the two
communities within the JPA. He asked if the school district would have other obligations outside of this
agreement.
Public Works Director Ryan Ruzek replied that Mendota Heights may receive a benefit as the usage rate
is higher than the West Saint Paul billing rate. He noted that the property is located within Mendota
Heights but connected to the West Saint Paul sanitary sewer system. He stated that this agreement will
reimburse the City of West Saint Paul for the billing that Mendota Heights collects for the site.
Councilor Duggan asked if Saint Paul Regional Water Supply is also involved.
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Public Works Director Ryan Ruzek replied that users are billed based on the water usage and provided
details on that billing process.
Councilor Duggan moved to approve JOINT POWERS AGREEMENT BETWEEN THE CITY OF
MENDOTA HEIGHTS AND THE CITY OF WEST SAINT PAUL RELATING TO ISD 197 AQUATIC
CENTER SANITARY SEWER BILLING.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
O) APPROVAL OF CLAIMS LIST
Councilor Duggan stated that he was pleased to see costs included related to trees removed or serviced.
He referenced the iPads for the election and asked what would happen to the iPads after the election.
Assistant City Administrator Kelly Torkelson stated that the City would have many options noting that
the iPads could be stored for the next election or repurposed for use by City staff.
Councilor Duggan moved to approve THE CLAIMS LIST.
Councilor Mazzitello seconded the motion.
Ayes: 5
Nays: 0
PUBLIC COMMENTS
No one from the public wished to be heard.
PUBLIC HEARING
No items scheduled.
NEW AND UNFINISHED BUSINESS
A) NATURAL RESOURCE MANAGEMENT PLAN ACCEPTANCE
Natural Resources Coordinator Krista Spreiter provided background on this item. The Council was being
asked to accept the final draft of the Natural Resources Management Plan (NRMP) Update as provided
by Resource Environmental Solutions (RES).
Councilor Duggan moved to accept THE UPDATED NATURAL RESOURCES MANAGEMENT
PLAN.
Councilor Miller seconded the motion.
Further discussion: Councilor Duggan thanked Natural Resources Coordinator Krista Spreiter and the
committee for their work and the work yet to come.
Ayes: 5
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Nays: 0
B) STREETLIGHT REVIEW AT HUNTER LANE AND VERONICA LANE
Public Works Director Ryan Ruzek explained that the Council was being asked to review a request to
remove a streetlight on the corner of Hunter Lane and Veronica Lane.
Councilor Miller asked if there would be any safety concerns in removing the light as the streets do not
exactly align. He commented that he would think that could be a problematic area.
Public Works Director Ryan Ruzek replied that most of the lights the City has do occur at an intersection.
He stated that the City promotes that pedestrians wear reflective clothing when walking in the evening.
He would hope that any vehicle would be using its headlights at night and therefore did not see an issue
with traffic safety. He believed the concerns would relate more towards pedestrian safety and a possible
school bus stop. He was unsure if there was a current school bus stop in this location.
Councilor Duggan asked the cost to reinstate the light if it were to be removed and complaints were
received.
Public Works Director Ryan Ruzek did not believe there would be a cost under the Xcel lease. He stated
there would be a petition required with a threshold of signatures to consider installing a light. He noted
that many cities require a two-year waiting period if the light is requested for removal and then requested
for reinstallation.
Councilor Duggan asked about the efforts to shield or dim the light.
Public Works Director Ryan Ruzek replied that the feedback received from the requesting resident was
that was not a successful endeavor.
Councilor Duggan asked if there would be additional options to drape or shield the light rather than remove
it.
Mayor Levine invited any members of the public to speak.
Weston Cutter, 1169 Veronica Lane, commented that the City has done a great job on the 2040
Comprehensive Plan and referenced language found within the goals of the plan. He commented on the
traffic counts for that area and projected traffic counts. He noted that since the roads in this area have
been repaired, more vehicles are choosing to take this route and are traveling at higher speeds. He was
concerned that there could be an issue with safety if the light is removed. He believed that removing the
light would create a hazard for the neighborhood.
Isadore Sadie, 1940 Hunter Lane, commented that this light was originally setup for the children in the
community as that is where the school bus stop was. He noted that the buses now pickup children at their
homes and that corner is no longer used for that purpose. He commented that in other small neighborhoods
there are not streetlights within the development, only on the main streets. He stated that although there
are people walking in the neighborhood, they usually do not walk late at night and did not see a purpose
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for the light. He stated that light impacts the bedroom in his home, even with curtains. He asked that the
light be removed.
Councilor Mazzitello commented that it appears the issue is the light shining onto the 1940 property, but
two other nearby properties have requested the light to remain. He asked if Xcel would charge if the light
were moved from this location to Culligan.
Public Works Director Ryan Ruzek replied that there would be major charges if the pole were needed to
be relocated, estimating about $4,000.
Councilor Duggan asked if the City could work with Xcel and the concerned resident to better direct the
light.
Public Works Director Ryan Ruzek replied that those attempts have already been tried.
Councilor Paper stated that he is concerned with the potential of removing a light as there are few in the
community. He commented that it is difficult to get a light into a neighborhood and there are kids in that
neighborhood. He noted that the light provides safety and security and believed it would be for the greater
good of the neighborhood to keep the light. He stated that only one homeowner has stated that they do
not want the light while two have requested it stay. He stated that he would be interested in hearing more
input from residents requesting to remove the light before he could support that action.
Councilor Miller agreed. He noted that there are several children that live in that neighborhood and
therefore he would be concerned with removing the light. He stated that busing is nine months out of 12
months and acknowledged the bus routes change, therefore just because that is not used as a stop at this
time does not mean it would not be a stop in the future. He commented that there does not seem to be
widespread support on either side of the issue and therefore he is inclined to keep the light as is.
Councilor Duggan also agreed the light should be left as is.
Councilor Mazzitello and Mayor Levine also agreed the light should be left in place.
Councilor Duggan commented that because no action was taken, this could come back to the Council in
the future if desired.
Mayor Levine commented on how difficult it is to obtain a light in a neighborhood. She stated that if the
neighbors all want the light removed, the request could come back to the Council in the future.
C) RESOLUTION 2022-57 SANITARY SEWER UTILITY BILLING RATE STRUCTURE
Public Works Director Ryan Ruzek provided a brief background on this item. The Council was being
asked to approve Resolution 2022-57 providing for a new Sanitary Sewer Utility Billing Rate for 2022.
Councilor Duggan mentioned the three large water using businesses that staff has met with to discuss the
three-year phased proposal and asked if those businesses are comfortable with that plan.
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Public Works Director Ryan Ruzek confirmed that those businesses are comfortable with the plan as
proposed.
Councilor Duggan commented that there will be a reduction in the base rate for most water users in
Mendota Heights, which is exciting.
Councilor Paper used the scenario that a backyard rink is flooded in January and asked if that would have
an impact.
Public Works Director Ryan Ruzek explained that could be a consideration if the water were metered,
noting that it would not go into the sewer.
Councilor Duggan moved to adopt RESOLUTION NO. 2022-57 AUTHORIZING SANITARY SEWER
UTILITY RATES BEGINNING IN THE THIRD QUARTER OF 2022.
Councilor Miller seconded the motion.
Further discussion: Mayor Levine noted the recommended phase in for the three largest water users.
Mayor Levine moved to include in the motion the recommended phasing plan for the three noted largest
water users.
Councilor Duggan seconded the motion.
Further discussion: Councilor Mazzitello commented that this is a huge win for the water users and stops
the subsidization of the larger water users. He stated that he has been advocating for this for some time
and is glad to see it move forward.
Ayes: 5
Nays: 0
Councilmember Paper excused himself at 6:52 p.m. and left the meeting.
D) WEBSITE REDESIGN AND HOSTING PROPOSAL
Assistant City Administrator Kelly Torkelson provided background information on this item. Included in
the 2022 budget is a website redesign project in order to update the City’s website. Staff developed a
Request for Information (RFI) for the project and received three proposals to review. Staff is
recommending the City Council move forward with accepting the proposal from Civic Engage for both
the redesign of the City website as well as the ongoing maintenance and hosting of the City website.
Councilor Duggan asked when the City last contracted for new website services.
Assistant City Administrator Kelly Torkelson replied that the City went through a similar bid process with
vendors in 2017 but did not change providers at that time. She noted that the current vendor did not submit
a proposal in response to the City’s RFI.
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Councilor Duggan commented that it seems that the enthusiasm of staff, the services offered, and
allowance within the budget would support this moving forward. He believed that this would provide a
better opportunity to serve the community. He asked for details on the $2,000 discount that was offered.
Assistant City Administrator Kelly Torkelson replied that the City has worked with Civic Engage on the
parks and recreation platform and that relationship was leveraged to gain the $2,000 savings.
Mayor Levine commented that this service had been planned and the cost is significantly under budget.
She noted that she visited the West Saint Paul site and was able to easily navigate it. She commented that
she is thrilled that the City will be updating its website and was excited for the City to work with this
vendor. She asked for details on the timeline for implementation.
Assistant City Administrator Kelly Torkelson replied that the timeline is dependent on the availability of
City staff to work with the vendor to ensure accurate information is provided and the goals and vision of
the City are reflected. She stated that her goal is to have the implementation complete by the end of the
year.
Councilor Mazzitello stated that typically contracts are awarded on a not to exceed basis but did not see
that language included.
Assistant City Administrator Kelly Torkelson replied that the contract did not include that language but
confirmed that it was a firm quote.
Councilor Duggan asked how user friendly this would be for someone that is not computer savvy.
Assistant City Administrator Kelly Torkelson replied that there are many different people with varying
levels of skill that will use the City website. She stated that the search feature will allow users to seek for
the information they are finding.
Councilor Duggan asked if the website would include the Comprehensive Plan.
Assistant City Administrator Kelly Torkelson confirmed that the Comprehensive Plan would be posted
on the City website.
Councilor Mazzitello moved to accept THE PROPOSAL FOR CITY WEBSITE REDESIGN AND
WEBSITE HOSTING FROM CIVIC ENGAGE FOR AN IMPLEMENTATION COST OF NOT TO
EXCEED $35,445 IN YEAR ONE WITH ONGOING MAINTENANCE COSTS NOT TO EXCEED
$8847 EACH YEAR FOR FOUR ADDITIONAL YEARS.
Councilor Miller seconded the motion.
Ayes: 4
Nays: 0
E) REVIEW OF SECOND QUARTER CITY COUNCIL STRATEGIC PRIORITIES
City Administrator Cheryl Jacobson provided the Council with a strategic priorities update for the second
quarter.
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COMMUNITY ANNOUNCEMENTS
City Administrator Cheryl Jacobson announced upcoming community events and activities.
COUNCIL COMMENTS
Councilor Mazzitello commented that the Natural Resources Management Plan is now adopted and
thanked everyone that worked to develop that plan. He stated that it was nice to hear from a member of
the public tonight complimenting the City’s Comprehensive Plan. He stated that earlier in the day he met
with MnDOT to discuss their State Transportation Improvement Plan and believed the City’s committee
should pay attention to the details in that plan that could impact the City’s transportation plans as well.
He referenced planned improvements that will have an impact on how traffic moves within the
community.
Councilor Miller stated that the deadline for Night to Unite parties is approaching and encouraged
residents to participate. He stated that it is fun for the Fire Department to visit neighborhood parties as
well and meet residents outside of an emergency situation.
Councilor Duggan commented that Neighbors Inc. is celebrating 50 years, which will be celebrated on
September 16 and 17. He provided details on the organization that provides benefit within the community
and noted that residents can contribute clothing or donations to assist others that may need help.
Mayor Levine thanked the Council and staff for a meeting that accomplished a lot. She commented that
the sanitary sewer study had been in the works for a long time, and it is nice to see that come to fruition.
She stated that almost everyone in the room was touched by the loss of an Officer in the line of duty and
again wanted to acknowledge Officer Scott Patrick.
ADJOURN
Councilor Duggan moved to adjourn.
Councilor Mazzitello seconded the motion.
Ayes: 4
Nays: 0
Mayor Levine adjourned the meeting at 7:13 p.m.
____________________________________
Stephanie Levine
Mayor
ATTEST:
_______________________________
Christine Lusian
City Clerk
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Work Session
Held Tuesday, July 19, 2022
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
Ma yor Levine called the meeting to order at 4:00 p.m. Councilors Duggan, Mazzitello, Miller, and
Paper were also present.
Staff in attendance included City Administrator Cheryl Jacobson, Public Works Director Ryan Ruzek,
Community Development Director Tim Benetti, Finance Director Kristen Schabacker, Assistant City
Administrator Kelly Torkelson, and City Clerk Christine Lusian.
REGIONAL ROADWAY VISIONING STUDY
Dakota County Assistant Engineer Erin Laberee and Kimley Horn Project Manager JoNette Kuhnau
presented an update of the regional roadway visioning study. The study included land use, traffic
capacity, crash history, roadway network/connectivity, and transportation impacts. Public input was
sought and received with open houses conducted on June 1 and 24. The study identified 19 potential
improvements. The study resulted in 15 recommended improvements, including Argenta/494 east of
Delaware, and addresses needs into 2040 and beyond.
Laberee and Kuhnau recommend adopting the study recommendations and incorporating the projects
into the city’s capital improvement plan.
Mayor Levine requested that other transportation methods, such as bicycle and pedestrian trails, be
prioritized and included. Laberee confirmed the existence of trail gaps and assured they are included in
the county’s 5-year capital improvement plan.
SEWER BILLING STRUCTURE
Stacie Kvilvang of Ehlers and Associates presented an update of the sanitary sewer system billing
structure study. The study included a review of rates and base charges, budget and fund balance, and
user types and volumes. The study identified that the city is not collecting enough to cover all
operating costs, the current rate structure is overly complicated and inequitable, and low volume users
are subsidizing high volume users.
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July 19, 2022 Mendota Heights City Council Work Session Page 2
Ehlers recommends a base charge of $25.64 to all users with a volume usage rate of $4.67 per unit/100
cubic feet, and a 20% surcharge to users outside customers. This approach will build the sewer fund
balance to the recommended level by 2031. It is estimated that 40% of homes would see a reduction in
their sewer bill. Staff proposed that for the top three commercial users (Applied Coating, Wu Xi,
Lloyd’s) a phase-in approach be taken to implement the new rate structure. Once the recommended
billing structure is in place, Ehlers will review structure performance after one year.
Mayor Levine suggested public education about environmentally friendly water usage, such as
checking for leaks, how to reduce usage, etc.
ADJOURN
Mayor Levine adjourned the meeting at 5:10 pm.
____________________________________
Stephanie Levine, Mayor
ATTEST:
_______________________________
Christine Lusian, City Clerk
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June 28, 2022 Mendota Heights Planning Commission Meeting Page 1 of 3
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
JUNE 28, 2022
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, June 28,
2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett,
Sally Lorberbaum, Cindy Johnson, Michael Toth, Brian Petschel, and Andrew Katz. No absence.
Approval of Agenda
The agenda was approved as submitted.
Approval of May 24, 2022 Minutes
Commissioner Lorberbaum noted on page three, the fifth paragraph from the bottom, it should
state, “…information about…”
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ TO
APPROVE THE MINUTES OF MAY 24, 2022 WITH THE NOTED CHANGE.
AYES: 6
NAYS: 0
ABSTAIN: 1 (PETSCHEL)
Hearings
A)PLANNING CASE 2022-11
ELIZABETH AND CALEB JOHNSON, 1903 HUNTER LANE – MRCCA PERMIT
Community Development Director Tim Benetti explained that the Johnsons are seeking approval
of a Mississippi River Corridor Critical Area (MRCCA) Permit to construct a new in ground
swimming pool on their property, located at 1903 Hunter Lane.
Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments
or objections to this request were received.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
Staff recommended approval of this application based on the findings and with conditions.
Chair Field opened the public hearing.
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June 28, 2022 Mendota Heights Planning Commission Meeting Page 2 of 3
Elizabeth Johnson, applicant, stated that they were happy to work with their contractors to find a
location for the pool that would avoid tree removal. She stated that once they receive this approval,
they would submit a separate fence permit and solidify plans for vegetation.
Commissioner Johnson thanked staff for recommending the down lighting to ensure neighboring
properties would not be impacted. She referenced the Japanese lilac tree listed as an option noting
that is considered invasive and suggested that the applicant look at other options.
Mrs. Johnson confirmed that they would be happy to look at one of their other options.
Commissioner Johnson stated that during construction the existing trees should be fenced in order
to protect those root systems from construction vehicles. She asked and received confirmation
that the applicant is aware of the condition related to drainage of the pool only onto the subject
property.
Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close
the public hearing.
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER TOTH, TO
CLOSE THE PUBLIC HEARING.
AYES: 7
NAYS: 0
COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER CORBETT,
TO RECOMMEND APPROVAL OF THE MRCCA PERMIT REQUEST FROM ELIZABETH
AND CALEB JOHNSON AND FOR 1903 HUNTER LANE BASED ON THE FINDINGS OF
FACT THAT THE PROPOSED POOL PROJECT IS COMPLIANCE WITH THE POLICIES
AND STANDARDS OF THE MRCCA ORDINANCE AND CITY CODE AND SUBJECT TO
THE FOLLOWING CONDITIONS:
1. A BUILDING PERMIT MUST BE APPROVED PRIOR TO THE COMMENCEMENT
OF ANY CONSTRUCTION WORK ON THE SWIMMING POOL OR RELATED
LANDSCAPING WORK. CONSTRUCTION WORK SHALL OCCUR ONLY
BETWEEN THE HOURS OR 7 A.M. AND 8 P.M. WEEKDAYS; AND 9 A.M. TO 5
P.M. WEEKENDS.
2. BEST EFFORTS WILL BE MADE BY THE APPLICANT’S CONTRACTOR(S) TO
“COME CLEAN, LEAVE CLEAN” DURING THE COURSE OF ANY
CONSTRUCTION WORK PERFORMED ON THE SUBJECT PROPERTY IN ORDER
TO PREVENT THE SPREAD OR CONTAMINATION OF INVASIVE SPECIES TO
AND FROM THE PROPERTY.
3. ALL GRADING AND CONSTRUCTION ACTIVITY WILL BE IN COMPLIANCE
WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS AND
CODES, AS WELL AS IN COMPLIANCE WITH THE CITY’S LAND DISTURBANCE
GUIDANCE DOCUMENT. FULL EROSION AND SEDIMENTATION PREVENTION
MEASURES WILL BE PUT IN PLACE PRIOR TO AND DURING GRADING AND
CONSTRUCTION WORK ACTIVITIES.
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June 28, 2022 Mendota Heights Planning Commission Meeting Page 3 of 3
4. THE POOL AREA SHALL BE ENCLOSED WITH FENCING, WHICH SHALL BE AT
LEAST FIVE FEET, BUT NOT EXCEEDING SIX FEET IN HEIGHT TO PREVENT
UNCONTROLLED ACCESS TO THE POOL AREA. SAID FENCE MUST HAVE
SELF-CLOSING AND SELF-LATCHING GATES WITH PROVISIONS FOR
LOCKING AND SHALL BE COMPLETELY INSTALLED PRIOR TO THE FILLING
OF THE POOL AND PRIOR TO THE ISSUANCE OF ANY CERTIFICATE OF
OCCUPANCY (C.O.) OR FINAL INSPECTION BY THE CITY.
5. ANY NEW LIGHTING FOR THE POOL MUST INCLUDE DOWNCAST/CUT-OFF
FEATURES THAT PREVENT GLARE OR LIGHT SPILL-OVER, AND ALL NEW
LIGHTS MUST BE DIRECTED DOWN OR TOWARDS THE POOL AREA ONLY
AND AWAY FROM ANY NEIGHBORING PROPERTIES.
6. ANY DRAINAGE OR BACK-FLUSHING OF WATER FROM POOL SHALL BE
DIRECTED ONTO THE SUBJECT PROPERTY ONLY. ANY DRAINAGE ONTO
PUBLIC STREETS OR OTHER PUBLIC DRAINAGE WAYS SHALL REQUIRE
PERMISSION OF THE PUBLIC WORKS DIRECTOR.
7. ALL NEW TREES AND VEGETATION, INCLUDING GROUND COVER FOR
RESTORING DISTURBED AREAS ON THE SUBJECT SITE, SHALL CONFORM TO
THE LANDSCAPE PLAN – EXHIBIT D AS PRESENTED, REVIEWED AND
APPROVED UNDER THIS MRCCA PERMIT APPLICATION.
8. PRIOR TO THE RELEASE OF ANY ESCROW PAYMENT, ALL DISTURBED
AREAS IN AND AROUND THE PROJECT SITE SHALL BE RESTORED AND HAVE
AN ESTABLISHED, PROTECTED AND PERMANENT GROUND COVER
IMMEDIATELY AFTER THE POOL PROJECT IS COMPLETED.
FURTHER DISCUSSION: COMMISSIONER PETSCHEL REFERENCED CONDITION
EIGHT, NOTING THAT HE HAS NOT YET SEEN THAT TYPE OF CONDITION.
COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI STATED THAT STAFF
PROPOSES THAT CONDITION BECOME STANDARD GOING FORWARD TO PROVIDE
A REMINDER TO APPLICANTS.
AYES: 7
NAYS: 0
Chair Field advised the City Council would consider this application at its July 5, 2022 meeting.
New/Unfinished Business
Community Development Director Tim Benetti stated that there are three applications on the
docket for the July meeting; and gave reminder on the Thursday PC Workshop meeting.
Adjournment
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO
ADJOURN THE MEETING AT 7:18 P.M.
AYES: 7
NAYS: 0
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Christine Lusian, City Clerk
SUBJECT: Temporary On-Sale Liquor License-Holy Family Maronite Catholic Church
INTRODUCTION
The City Council is asked to approve a temporary on-sale liquor license for Holy Family Maronite
Catholic Church and use of the City Hall parking lot for overflow parking during the event.
BACKGROUND
Holy Family Maronite Catholic Church, located at 1960 Lexington Avenue South, is planning to
hold their Annual Lebanese Fall Festival on their property on Saturday, September 10, 2022. They
have submitted an application for a Temporary On-Sale Liquor license to allow for the sale of
wine and beer at this event.
Pursuant to State Statutes and our City Code, no person shall sell or give away liquor without first
having received a license. Temporary On-Sale Liquor licenses shall be granted only to clubs and
charitable, religious or nonprofit organizations for the sale of intoxicating liquor. The licenses are
subject to final approval by the Minnesota Director of Alcohol and Gambling Enforcement.
Temporary On-Sale Liquor licenses have been issued in the past to charitable, nonprofit and
religious organizations within the city with no incidents or negative reports.
The church has also requested use of the City Hall parking lot for the overflow parking during the
event. This has been approved in the past with no problems or issues reported.
RECOMMENDED ACTION
Approve the Temporary On-Sale Liquor license for Holy Family Maronite Catholic Church for
September 10, 2022 and the use of the City Hall parking lot for overflow parking during the event.
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City Council
Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
Kelly Torkelson , Assistant City Administrator
SUBJECT: Probationary Firefighter Appointments
INTRODUCTION
The City Council is asked to approve the appointment of four candidates to the position of
probationary firefighter with the Mendota Heights Fire Department.
BACKGROUND
Staff has completed the recruitment process to fill vacant firefighter positions within the Mendota
Heights Fire Department. A conditional offer has been extended, contingent upon the successful
completion of a pre-employment physical, background check and approval of the City Council to
the following candidates: Alex Klobe, Alex Lauth, Dan Morrison, and TJ Samec.
With the approval of the council, candidates will begin classroom training on August 4.
BUDGET IMPACT
Probationary firefighter pay is $10.93 per hour for fire calls and training and is included in the
budget.
ACTION RECOMMENDED
Upon completion of the conditional offer contingencies, staff recommends that the City Council
approve the appointment of Alex Klobe, Alex Lauth, Dan Morrison and TJ Samec as Mendota
Heights probationary firefighters.
ACTION REQUIRED
If City Council concurs, it should by motion, approve the appointment Alex Klobe, Alex Lauth,
Dan Morrison and TJ Samec as Mendota Heights probationary firefighters.
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Authorize Purchase Order for Manhole Rehabilitation on Chippewa Avenue
INTRODUCTION
The Council is asked to authorize a purchase order for rehabilitation of 15 manholes on
Chippewa Avenue.
BACKGROUND
Mendota Heights owns and maintains approximately 2100 sanitary sewer manholes. The
manholes generally have a chimney made of concrete adjusting rings which are prone to failure
as the chimneys receive impacts from the vehicles as well as pressure from the surrounding soils
and groundwater. Staff instituted a practice of installing external chimney seals on all new and
rehabilitated manholes but the manholes on Chippewa Avenue have not been improved.
DISCUSSION
Staff is proposing that the manhole rings be sealed using an internal chimney seal process. The
sealing will extend the life of the manholes until the street is rehabilitated.
Staff solicited two quotes for this service. The low quote from Everlast Rehab out of Milltown,
WI is for a total fee of $10,250. The second quote had a total cost of $18,414.
BUDGET IMPACT
The manhole sealing would be funded through the sanitary sewer utility fund which has an
adequate balance to complete this repair. There is $35,000 budgeted for miscellaneous repairs in
the Utility Fund budget.
RECOMMENDATION
Staff recommends that the Council authorize the purchase order for the rehabilitation work to the
sanitary manholes on Chippewa Avenue.
ACTION REQUIRED
If Council agrees with the staff recommendation, it should, authorize staff to execute a purchase
order to Everlast Rehab for $10,250 for the rehabilitation of 15 manholes. This action requires a
simple majority vote.
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, Public Works Director
SUBJECT: Approve the Purchase of a 2017 Ford Explorer
INTRODUCTION
The City Council is asked to authorize the purchase of a 2017 Ford Explorer that was previously
utilized by the Police Department as a replacement of a current 2013 Ford Explorer.
BACKGROUND
Staff is requesting the purchase and reassignment of a 2017 Ford Explorer which has been leased
by the police department. City Administration currently has a 2013 Ford Explorer which is
mainly used by Recreation.
The current 2013 Ford Explorer has been having service issues and the City Mechanic
recommends making this upgrade. The City Mechanic has also conducted maintenance on the
2017 vehicle the last five years and feels the vehicle is in good shape. At this time there are no
immediate maintenance needs for the vehicle.
The Police Department currently leases three unmarked vehicles for a five-year term. Without
repurposing these vehicles, the city would need to purchase new vehicles at over three times the
cost. An opportunity to repurpose a leased Police vehicle will not be available for another five
years.
BUDGET IMPACT
Staff has worked with the State of Minnesota to determine the buyout price on the lease, which is
$14,500. Staff anticipates that its current 2013 Ford Explorer will fetch approximately the same
amount in the State Auction. The anticipated cost for this action is expected to be negligible.
The Finance Director is recommending any expenditure be funded through the Equipment
Replacement Fund, where there are sufficient funds available at this time.
ACTION RECOMMENDED
Staff is recommending approval of the purchase of a 2017 Ford Explorer to be used for Recreation
and Administration staff. Staff also recommends selling the 2013 Ford Explorer through the State
Auction.
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ACTION REQUESTED
If City Council concurs, it should, by motion, approve the purchase of the 2017 Ford Explorer and
authorize staff to sell the 2013 Ford Explorer.
This action requires a simple majority vote.
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City Council
Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council and City Administrator
FROM: Meredith Lawrence, Parks and Recreation Manager
SUBJECT: Out of the Metro Travel Authorization—Minnesota Recreation and Park
Association Conference
INTRODUCTION
The City Council is asked to authorize Parks and Recreation Manager Meredith Lawrence to attend
the 2022 Minnesota Recreation and Park Association (MRPA) Conference in Brainerd, Minnesota
from October 11-October 14.
BACKGROUND
The City’s Travel Authorization and Expense Reimbursement Policy requires that all out of the
metro conferences, seminars, and other education related expenses be approved in advance by the
City Council, and must include an estimate of the costs of travel, meals, lodging, and programming.
The MRPA conference is recognized as the premier annual conference for Park and Recreation
professionals in Minnesota. This state conference brings together park and recreation
professionals, students, citizen advocates and industry suppliers and offers attendees the
opportunity to participate in educational seminars, classes and professional
development/networking.
BUGET IMPACT
Funds for the costs are available in the Recreation budget. The estimated total costs for attending
are:
Mileage $193.00
Conference Registration $395.00
Lodging $402.66
Meals $93.00
Total $1,083.66
RECOMMENDATION
It is recommended that the City Council authorize the out of the metro travel for Meredith
Lawrence, Parks and Recreation Manager to attend the 2022 MRPA conference in Brainerd,
Minnesota.
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ACTION REQUIRED
If the City Council concurs, it should, by motion, authorize the out of the metro travel by Meredith
Lawrence, Parks and Recreation Manager to attend the 2022 MRPA conference in Brainerd,
Minnesota.
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City Council
Request for City Council Action
MEETING DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Scott Goldenstein, Assistant Fire Chief
SUBJECT: June 2022 Fire Synopsis
COMMENT:
Fire Calls: 40
In June the Fire Department paged for service a total of 40 times.
Mendota Heights 30 call (s)
Lilydale 6 call (s)
Mendota 0 call (s)
Sunfish Lake 4 call (s)
Other 0 call (s)
Total 40 call (s)
Types of calls:
Fires: 2 The Fire Department was paged for two grass/brush/mulch files in June.
Excessive: 2 In June, within a few minutes of each other the department was paged for
smoke in a building in two different buildings on Sibley Memorial Highway. The first structure
was a senior living center and the second was a three story office building. Due to the high risk
involved, two calls nearly simultaneously and the potential need for significant manpower, auto
aid and/or mutual aid requests went out to South Metro, Eagan and Inver Grove Heights.
Medical/Extrication: 4 Four of the calls were medical in nature and one was a vehicle
accident with entrapment.
Hazardous Situations: 7 In June, the MHFD responded to five calls that were coded as
hazardous in nature; including four carbon monoxide incidents, two gas leaks calls, and one spill.
Service Call: 1 The department assisted police with access/securing a building.
False Alarms/System Malfunctions: 13 The MHFD responded to eight unintentional
fire/smoke alarm trips and to five calls coded as system malfunctions causing a false alarm.
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Good Intent: 3 June found the department investigating possible hazmat releases at three
different events.
Dispatched and Cancelled En route: 8 The fire department was paged out and then
cancelled before arriving on scene eight times during the month of June.
Mutual/Auto-Aid Other: 0 There were not requests for mutual/auto aid in June.
June Trainings
June 8 18:30 MANDATORY 4 (Option 2 of 3) Fire Apparatus Operator.
This drill occurred offsite and had multiple driving stations going over multiple driving
skills.
June 9 07:00 MANDATORY 4 (Option 3 of 3) Fire Apparatus Operator.
This drill occurred offsite and had multiple driving stations going over multiple driving
skills.
June 15 18:30 MANDATORY 3 (Option 3 of 3) Rescue Equipment
This drill was a hands-on drill using multiple staged vehicles and allowed for the use of
hydraulic and misc. hand tools for stabilizing and going through vehicle extrication
scenarios.
June 20 18:30 Ground Ladders
This drill goes over skills of proper ladder selection, placement and usage for fire emergency
scenarios.
June 21 07:00 Ground Ladders
This drill goes over skills of proper ladder selection, placement and usage for fire emergency
scenarios.
June 23 18:30 Make Up (TBD)
This drill is open for firefighters that have missed drills for this half of the year and topics are
based on the needs of the firefighters in attendance.
June 25 08:00 Make Up (TBD)
This drill is open for firefighters that have missed drills for this half of the year and topics are
based on the needs of the firefighters in attendance.
Page 28 of 166
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City Council
Number of Calls 40 Total Calls for the Year 187
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $605,400
Structure - Contract Areas $0
Cooking Fire - confined $0
Vehicle - MH $10,100
Vehicle - Contract Areas $0
Grass/Brush/No Value MH 2
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
Other Fire
OVERPRESSURE RUPTURE $0 $0 $0
Excessive heat, scorch burns 2
MEDICAL
Emergency Medical/Assist 2
Vehicle accident w/injuries 1
Extrication ALL FIRES, ALL AREAS (MONTH)$0
Medical, other 1
HAZARDOUS SITUATION $0
Spills/Leaks 2
Carbon Monoxide Incident 4 $0
Power line down 1
Arcing, shorting $615,500
Hazardous, Other
SERVICE CALL
Smoke or odor removal $0
Assist Police or other agency
Service Call, other 1
GOOD INTENT
Good Intent
Dispatched & Cancelled 8 Current To Date Last Year
Smoke Scare 30 147 114
HazMat release investigation 3 6 14 10
Good Intent, Other 0 2 7
FALSE ALARMS 4 11 3
False Alarm 0 13 22
Malfunction 5
Unintentional 8 Total:40 187 156
False Alarm, other
MUTUAL AID FIRE MARSHAL'S TIME FOR MONTH
Total Calls 40 Inspections 36
Investigations 0
WORK PERFORMED Hours To Date Last Year
Re-Inspection 0
Fire Calls 445.5 2440 2508
Meetings 14 364.5 161.5 Meetings 0
Training 229.5 1463.5 2357.5
Special Activity 42.5 381.75 279.5 Administration 9
Fire Marshal 49 231.5 300
Plan Review/Training 4
TOTALS 780.5 4881.25 5606.5 TOTAL:49
Lilydale
Mendota
Sunfish Lake
Other
MENDOTA HEIGHTS FIRE DEPARTMENT
JUNE 2022 MONTHLY REPORT
FIRE LOSS TOTALS
LOCATION OF FIRE ALARMS
Mendota Heights
Mendota Heights Only Structure/Contents
Mendota Heights Only Miscellaneous
Mendota Heights Total Loss to Date
Contract Areas Loss to Date
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Dakota County 2021 Private Well Sampling Results
INTRODUCTION
At its regular meeting of August 3, the Council will hear a presentation from Wes Rutelonis, Dakota
County, regarding private well sampling results from a 2021 study.
BACKGROUND
As part of the 2021 Community Focused Sampling Program, private well owners in Lilydale,
Mendota, Mendota Heights, Sunfish Lake, South St. Paul and West St. Paul were offered a water test
at no-cost to the owner. Individual private well testing results, health concerns, and treatment
recommendations were mailed to each participant.
Attached is the factsheet summarizing the combined results for the six cities. There were 54 out of
499 (11%) private well owners that participated: 8 from Mendota Heights (6%), 44 from Sunfish
Lake (22%), 1 from South St. Paul (7%), and 1 from West St. Paul (4%), there were no participants
from Lilydale or Mendota.
DISCUSSION
Dakota County did not receive many participants from Mendota Heights, only 6% of private well
owners sent in the free test kit (8 out of 135). It does not appear that any private wells exceeded a
contaminant. Dakota County sent a mailing with the summary and information about private well
testing to all the private well owners in Mendota Heights.
Dakota County highly recommends anyone that has not already tested their well to request a water
test kit through the Dakota County Water Testing Service, cost is $19.50 per chemical. The most
commonly found chemical above the drinking water guideline in northern Dakota County is
manganese. Dakota County recommends testing Coliform Bacteria every year, Nitrate every other
year, and Arsenic, Lead and Manganese at least once.
RECOMMENDATION
Staff recommends Council receive the 2021 Private Well Sampling presentation from Dakota
County.
ACTION REQUIRED
No Council action is required. This information is to help inform the city and its residents regarding
local groundwater conditions and potential concerns for private wells.
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City Council 7a
Environmental Resources
P 952-891-7000 F 952-891-7588 W www.dakotacounty.us A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124
June 14, 2022
City Council
City of Lilydale
1011 Sibley Memorial Hwy
Lilydale, MN 55118
City Council
City of Mendota
P.O. Box 50688
Mendota, MN 55150
City Council
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
City Council
City of Sunfish Lake
5495 S. Robert Trail
Sunfish Lake, MN 55077
City Council
City of South St. Paul
125 Third Avenue N.
South St. Paul, MN 55075
City Council
City of West St. Paul
1616 Humboldt Ave.
West St. Paul, MN 55118
Re: Summary of Lilydale, Mendota, Mendota Heights, Sunfish Lake, South St. Paul, and West St. Paul
- Private Well Sampling
Dear City Council Members,
Attached is the factsheet summarizing the results of the 2021 water testing opportunity that Dakota
County offered at no-cost to private well owners in Lilydale, Mendota, Mendota Heights, Sunfish Lake,
South St. Paul, and West St. Paul. Individual results were sent to the 54 property owners that
participated. This factsheet will be mailed to all private well owners in the study area this year along
with a refrigerator magnet of the recommended water tests for private wells.
Well owners were asked to collect a sample from an outside untreated spigot and a sample from the
inside primary drinking water tap. Findings from Mendota Heights, Sunfish Lake, South St. Paul, and
West St. Paul drinking water results are summarized below. There were no participants from Lilydale or
Mendota.
Arsenic: 16% (8 of 54 wells) of participating households are consuming water with arsenic, none of the
sample results exceeded the drinking water guideline of 10 μg/L (micrograms per liter equivalent to
parts per billion), however, no amount of arsenic is safe to drink. The geologic material in the aquifer is
the source of arsenic.
Manganese: One participating household is consuming water with manganese above the drinking water
guideline of 0.300 mg/L (milligrams per liter equivalent to parts per million). The geologic material in the
aquifer is the source of manganese.
Page 50 of 166
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Environmental Resources
P 952-891-7000 F 952-891-7588 W www.dakotacounty.us
A Dakota County Western Service Center • 14955 Galaxie Ave. • Apple Valley • MN 55124
Nitrate: No participating households are consuming water with nitrate above the drinking water
guideline of 10 mg/L. Nitrate in groundwater is usually associated with human activities including row
crop agriculture, septic systems, and animal feedlots.
Lead: 37% (19 of 52 wells) of participating households are consuming water with lead, none of the
samples exceeded the drinking water guideline of 15 μg/L, however, no amount of lead is safe to drink.
The source of lead is the indoor plumbing; it is not considered to be sourced from the aquifer.
Chloride was only tested in outside samples and the results indicate that 96% of participating wells have
been impacted by human use of chloride which is likely from deicing salt or water softening brine
discharge. The water samples show chloride levels as high as 236 mg/L, which is a little below the
secondary drinking water guideline of 250 mg/L.
Dakota County staff are willing to present the data from this and other pertinent studies to the City
Council Members. You may contact me should you have any questions and to schedule a meeting at
952-891-7019 or by email at valerie.neppl@co.dakota.mn.us.
Sincerely,
Valerie Neppl, P.E.
Groundwater Protection Unit Supervisor
cc: Kathleen A. Gaylord, Dakota County Commissioner, District 2
Laurie Halverson, Dakota County Commissioner, District 3
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City Council
Northern Cities– Private Well Sampling in 2021 1
Northern Cities – Private Well Sampling in 2021
The purpose of community focused sampling is to provide all county residents using a private well for drinking water a
chance to test their well water for common contaminants. This report contains a summary of the results from private
wells located in Sunfish Lake, South St. Paul, West St. Paul, and Mendota Heights in Dakota County, Minnesota. Water
samples were tested for geologically derived contaminants manganese and arsenic, as well as human-related
contaminants lead, chloride, and nitrate.
Study Approach and Results Summary Table
The County received 54 test kits from participants in Sunfish Lake (44), South St. Paul (1), West St. Paul (1), and Mendota
Heights (8). Letters were sent to Mendota and Lilydale as well, but no responses were received. Residents were asked to
collect a water sample from both an outside untreated spigot and an inside primary drinking water tap. All outside
samples were tested for manganese, arsenic, nitrate, and chloride. If the outside sample result exceeded 3.0 milligrams
per liter (mg/L ) for nitrate, 0.05 micrograms per liter (µg/L) for arsenic, or 0.090 mg/L for manganese, then the sample
collected from the inside tap was tested for that chemical. All inside samples were tested for lead. A hardness test strip
was provided for well owners to test and report when submitting samples. In addition, the participants completed a
survey indicating all water treatment methods affecting the inside tap.
Chemical # of Well
Samples
# of
Detects
Drinking Water
Guideline
(DWG)
# of
Samples
above
DWG
Mean
(Average)
Result
Maximum
Result
Outside Arsenic µg/L 54 25 10 µg/L 0 0.74 3.86 No safe amount
Outside Chloride mg/L 54 52 250 mg/L* 0 54 236
Outside Manganese mg/L 54 48 0.300 mg/L 10 0.180 1.340
Outside Nitrate mg/L 54 16 10 mg/L 1 0.31 10.4
Outside Hardness mg/L 48 48 None NA 384 425
Inside Arsenic µg/L 28 8 10 µg/L 0 0.36 2.79 No safe amount
Inside Lead µg/L 52 19 15 µg/L 0 0.8 5.9 No safe amount
Inside Manganese mg/L 31 10 0.300 mg/L 1 0.045 0.361
Inside Nitrate mg/L 0 0 10 mg/L 0 0 0
Inside Hardness mg/L 49 49 None NA 109.3 425
mg/L milligrams of chemical per liter of water equivalent to parts per million (ppm)
µg/L micrograms of chemical per liter of water equivalent to parts per billion (ppb)
< less than (result is below the level that the laboratory can report)
N/A not applicable
* 250 mg/L is not a health standard but indicates when the water may start to taste salty
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Northern Cities– Private Well Sampling in 2021 2
Arsenic
Arsenic occurs naturally in rocks and soil and dissolves into groundwater. Arsenic in drinking water is linked to increased
risk of cancers of the bladder, lungs, liver, and other organs. High levels of arsenic in drinking water can also contribute
to cardiovascular and respiratory disease, reduced intelligence in children, and skin problems, such as lesions,
discoloration, and the development of corns. The drinking water guideline for arsenic is 10 µg/L, but the US
Environmental Protection Agency goal for arsenic in drinking water is 0 µg/L since prolonged exposure to any level of
arsenic can increase the risk of cancer.
Results and findings
• Arsenic was found in 46% (25 of 54 wells) of the outside samples and in 29% (8 of 28 wells) of the inside samples.
None of the sampled wells exceeded the drinking water guideline of 10 µg/L.
• Effectiveness of water treatment by Reverse Osmosis (RO) systems was 100% arsenic reduction. Some existing RO
systems can have an additional filter installed to reduce arsenic.
• Iron filters paired with RO reduced arsenic 100%.
• Arsenic is statistically correlated with manganese, when one is present the other is likely to be present.
Figure 1. Arsenic results in untreated water from outside spigot
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Northern Cities– Private Well Sampling in 2021 3
Manganese
Manganese occurs naturally in rocks and soil and dissolves into groundwater. Our bodies need a small amount of
manganese to maintain health, and we get enough manganese from the foods we eat. However, research indicates that
children and adults who drink water with high levels of manganese for a long time may develop problems with memory,
attention, and motor skills. Infants are more vulnerable to the effects of manganese. For infants who drink well water or
formula made with well water, manganese should not exceed 0.100 mg/L. For everyone else, the level of manganese
should not exceed 0.300 mg/L. Non-health related problems (metallic taste and staining plumbing fixtures) may occur
above 0.050 mg/L.
Results and findings
• Manganese was detected in 48 of 54 outside samples (89%) and of those 10 (19%) exceeded the drinking water
guideline of 0.300 mg/L.
• Of those tested inside, the manganese drinking water standard of 0.300 mg/L was exceeded in 3% of wells (1 of 31).
• Water softeners were effective in reducing manganese levels ranging from 79% to 99% and iron filters alone were
effective in reducing manganese levels ranging from 95% to 100%.
• Manganese is statistically correlated with arsenic, when one is present the other is likely to be present.
Figure 2. Manganese results in untreated water from outside spigot
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Northern Cities– Private Well Sampling in 2021 4
Nitrate
Nitrate occurs naturally at very low levels. Nitrate in groundwater is usually associated with human activities including
row crop agriculture, septic systems, and animal feedlots. In Dakota County, the major source is fertilizer used on
agricultural crops, which leaches to the drinking water aquifers. A nitrate level above 10 mg/L in drinking water can be
harmful to infants under six months old. Infants that consume water or formula mixed with water that is high in nitrate
may develop “blue baby syndrome” (methemoglobinemia), a life-threatening condition. Adults may be susceptible to
methemoglobinemia if they have certain health conditions. Always test for nitrate before giving well water to an infant.
The presence of nitrate is a strong indication that herbicides or herbicide breakdown products are also present.
Importantly, both nitrate and herbicides can be reduced using a water treatment device such as a reverse osmosis
system (RO). Carbon filtration alone can reduce herbicide concentrations.
Results and findings
• Nitrate was detected in 30% (16 of 54 wells) of the outside samples.
• One well, 2% (1 of 54 wells), exceeded the drinking water guideline of 10 mg/L (the home is connected to city water
so there is no inside sample).
• Effectiveness of water treatment by Reverse Osmosis (RO) systems was variable ranging from 2% to 87% nitrate
reduction.
Figure 3. Nitrate results in untreated water from outside spigot
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Northern Cities– Private Well Sampling in 2021 5
Chloride
Chloride occurs naturally in the rocks and soil across Dakota County at very low levels. High levels of chloride in
groundwater indicate contamination from the application of road salt, potash fertilizer, water softener brine discharge
into septic systems, or deicing salt applied to sidewalks and parking lots. Elevated chloride can potentially leach metals,
like lead, from plumbing into the drinking water. There is no health-based guideline for chloride, but the USEPA
recommends levels no higher than 250 mg/L to avoid undesirable tastes (saltiness). Chloride detected in well water
indicates that the well is vulnerable to surface contamination.
Results and findings
• Chloride was found in 96% (52 of 54 wells) of the outside samples, the highest result was 236 mg/L which does not
exceed the recommended drinking water guideline of 250 mg/L.
Figure 4. Chloride results in untreated water from outside spigot
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Northern Cities– Private Well Sampling in 2021 6
Lead
Lead rarely occurs naturally in groundwater. Lead can leach into drinking water from lead pipes; lead solder on copper
pipes; and brass faucets, fittings, and valves (including those advertised as lead-free). Brass fixtures, including fixtures
that don’t look like brass, such as chrome plate brass products, can contribute lead to drinking water. The USEPA federal
drinking water guideline for lead is 15 µg/L, however, there is no safe level of lead. Lead exposure usually has no obvious
health symptoms and can go unrecognized. Health concerns include impaired physical and mental development, hearing
problems, and damage to the brain, kidneys, red blood cells, and nervous system. Pregnant women, infants, and
children under six years of age are at the highest risk. The federal “Reduction in Lead in Drinking Water Act” (2014)
reduced the amount of lead allowed in water systems and plumbing products by changing the definition of “lead free”
from 8% lead content to not more than 0.25% lead in drinking water plumbing components.
Results and findings
• All samples collected from the inside primary drinking water tap were tested for lead. Lead was detected in 37% (19
of 52) of the samples. No samples exceeded 15 µg/L, the drinking water guideline for lead; however, no amount of
lead is safe to drink. When purchasing a water treatment device look for one that is certified to reduce lead.
If drinking water has elevated levels of chemicals, do the following:
Prepare infant formula with bottled water.
Do not boil drinking water. Boiling water may concentrate contaminants, but it is effective at killing bacteria.
Identify and, if possible, remove sources of contamination near the well. Fertilizers, animal wastes and sewage
systems should be located far from the well and managed to avoid contamination. The top of the well should be at
least 12 inches above the surrounding dirt or landscaping.
Install a NSF, UL, or WQA certified water treatment system and maintain it annually. No single treatment process
can remove all substances in water. If there are several substances you want removed from your water, you may
need to combine treatment processes. The MN Dept. of Health website has information on water treatment at
http://www.health.state.mn.us search water treatment.
Continue sampling. Test your drinking water after you install treatment because there is often no other way to
know if a treatment system is working properly. To test for common chemicals of concern, you can have a water test
kit mailed to you by requesting one online at www.co.dakota.mn.us search well testing.
A Coliform Bacteria test is recommended annually for private wells. Coliform bacteria was not tested as part of this
study. Consider testing; see directions on how to get a test kit, below.
We can help
• Dakota County may have a copy of your original well record on file if the well was drilled after 1975. The well record
can tell you the aquifer your well is tapping and assist a well contractor who may do future work on your well. To
request your well record, go to: www.co.dakota.mn.us, Search Well Information
• If you choose to install a new well and will no longer be using your existing well, the old well will need to be sealed
by a MN licensed well contractor. Dakota County may have grant funds available (usually 50% of the cost to seal the
well). The application is located at: www.co.dakota.mn.us, Search Well Sealing Grant.
Further testing
Request a sample kit online from Dakota County at www.co.dakota.mn.us, Search: Water Test. Available tests include
Coliform Bacteria, Nitrate, Arsenic, Manganese, Lead, and Fluoride.
Contact
Wes Rutelonis, Dakota County – Western Service Center, 14955 Galaxie Avenue, Apple Valley, MN 55124
Phone: 952-891-7537
Email: wes.rutelonis@co.dakota.mn.us
Page 57 of 166
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor, City Council, and City Administrator
FROM: Ryan Ruzek, P.E., Public Works Director
SUBJECT: Resolution 2022-58 Public Hearing on Easement Vacation for Mendota Business
Park 4th Addition
INTRODUCTION
The Council is asked to hold proceedings for Resolution 2022-58, a public hearing on an
easement vacation commenced by petition for Mendota Business Park 4th Addition.
BACKGROUND
The city of Mendota Heights received a petition for vacating drainage and utility easements on
Lot 1, Block 1, Mendota Heights Business Park 4th Addition. A copy of the plat is attached
which shows the easement areas that were dedicated.
DISCUSSION
St. Paul Fire and Marine Insurance Company, which is a wholly owned subsidiary of the
Travelers Company, Inc. is the owner of property at 1500 Commerce Drive. The property owner
has submitted plans for redevelopment of this site. The proposed site layout, relocates an
existing pond to an adjacent area on site where an expanded pond will be located.
The Lot 1, Block 1 parcel proposed for development has reconfigured utility layouts which do
not align with the previously dedicated utility easements. A petition was received to vacate the
existing drainage and utility easements for a storm water treatment device, and a water service
line. New easements will be granted to the city for the proposed storm water treatment device
and for a sanitary sewer line relocation. The property owner will also enter into a private
watermain agreement with St. Paul Regional Water authority for the proposed water supply
lines.
Notices were sent to all properties within the Mendota Business Park 4th Addition plat and all
properties within 350 feet of the property.
At the time of writing this memo, no responses were received.
BUDGET IMPACT
The Mendota Heights fee schedule includes a required $250 application fee to cover mailing and
recording fees and staff time which was received from the petitioner.
Page 59 of 166
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City Council 8a
RECOMMENDATION
Staff recommends that Council open the hearing and hear any comments.
ACTION REQUIRED
Staff recommends that the City Council pass a motion adopting Resolution No. 2022-58,
“RESOLUTION APPROVING AN EASEMENT VACATION COMMENCED BY
PETITION”.
This action requires a simple majority vote.
Page 60 of 166
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City Council
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-58
RESOLUTION APPROVING AN EASEMENT VACATION COMMENCED BY
PETITION
WHEREAS, The Mendota Business Park 4th Addition plat, Dakota County, Minnesota
was approved in 1992 and identified dedicated drainage and utility easements; and
WHEREAS, Lot 1, Block 1, Mendota Business Park 4th Addition plat, Dakota County,
Minnesota also dedicated a drainage and utility easement in 2016 for watermain purposes further
described as: A 30.00 foot wide strip of land over, under and across Lot 1, Block 1, MENDOTA
HEIGHTS BUSINESS PARK 4TH ADITION, Dakota County, Minnesota, identified as
document number 3304567, the centerline of which is described as follows: Commencing at the
most northerly corner of said Lot 1; thence southwesterly, on an assumed bearing of South 72
degrees 33 minutes 12 seconds West, along the northwesterly line of said Lot 1, a distance of
365.50 feet; thence South 16 degrees 11 minutes 57 seconds East, a distance of 136.00 feet to the
point of beginning of the centerline to be described; thence continue South 16 degrees 11
minutes 57 seconds East, a distance of 31.00 feet; thence North 72 degrees 55 minutes 12
seconds East, a distance of 154.50 feet; thence South 20 degrees 20 minutes 53 seconds East, a
distance of 343.50 feet to a point hereinafter referred to as “Point A”; thence North 61 degrees 10
minutes 26 seconds East, a distance of 37.00 feet; thence North 49 degrees 57 minutes 18
seconds East, a distance of 184.00 feet; thence North 59 degrees 05 minutes 30 seconds East, a
distance of 100.00 feet; thence southwesterly along said centerline to the aforedescribed Point A;
thence South 23 degrees 05 minutes 36 seconds East, a distance of 24.00 feet; thence South 68
degrees 13 minutes 09 seconds West, a distance of 25.00 feet; thence North 68 degrees 13
minutes 09 seconds East, a distance of 25.00 feet; thence South 20 degrees 48 minutes 56
seconds East, a distance of 278.50 feet; thence South 23 degrees 59 minutes 00 seconds West, a
distance of 12.00 feet; thence South 62 degrees 12 minutes 02 seconds East, a distance of 26.50
feet; thence North 62 degrees 12 minutes 02 seconds West, a distance of 26.50 feet; thence South
23 degrees 59 minutes 00 seconds West, a distance of 48.00 feet; thence South 35 degrees 12
minutes 32 seconds West, a distance of 170.00 feet and said centerline there terminating; and
WHEREAS, The drainage and utility easements shown on Exhibit A titled Existing
Easement Vacations for Lot 1, Block 1, Mendota Business Park 4th Addition are no longer
required for utility purposes; and
WHEREAS, a notice of hearing on said vacation has been duly published and posted
more than two weeks before the date scheduled for the hearing on said vacation, all in
accordance with the applicable statutes; and
WHEREAS, a public hearing was held on said vacation on August 3, 2022, at the City
Hall of Mendota Heights; and
WHEREAS, the City Council then proceeded to hear all persons interested in said
vacation and all persons were afforded an opportunity to present their views for support or
objections to the granting of said vacation.
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City Council
Page 2 of 2
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mendota
Heights, Minnesota, as follows:
1. That the vacation of the drainage and utility easements depicted on Exhibit A titled
Existing Easement Vacations for Lot 1, Block 1, Mendota Business Park 4th Addition
is in the best interest of the public and the City, and it is not detrimental to the health,
safety and welfare of the community.
2. That the above described drainage and utility easements be and the same are hereby
vacated.
3. That the City Clerk be and is hereby authorized and directed to prepare and present to
the Dakota County officials notice of completion of these vacation proceedings, all in
accordance with the applicable Minnesota Statutes.
Adopted by the City Council of the City of Mendota Heights this third day of August, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Stephanie Levine, Mayor
ATTEST
________________________________
Christine Lusian, City Clerk
Page 62 of 166
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City Council
1
Ryan Ruzek
From:Verbeten, Alexander H <AVERBETE@travelers.com>
Sent:Monday, June 27, 2022 2:04 PM
To:Ryan Ruzek
Cc:Kevin Bohl; Jon LaCasse; don@hightowerinitiatives.com; Lasley.Matthew@dorsey.com;
O'Leary, Robert K; Radovitskiy, Brandl L; Tim Benetti; Jason Folger
Subject:1500 Commerce Drive - Petition to Vacate Drainage Easement
Ryan,
As an authorized representative of St. Paul Fire and Marine Insurance Company, which is a wholly own subsidiary of The
Travelers Companies, Inc. and the owner of 1500 Commerce Drive, I request that this email serve as owner’s petition to
vacate the following easement at 1500 Commerce Drive: drainage easement related to the pond area. As I and my
design team have been discussing with you, this vacation is for the purposes of moving the easement area to
accommodate a redevelopment of the site.
If you have any questions or need anything else from me to get the vacation process started, please let me know.
Thank you,
Alex Verbeten
Alexander Verbeten | AVP - Portfolio Management | Real Estate Investments
Travelers
385 Washington St. | 9275-LC13A
St. Paul, MN 55102
W: 651.310.8467
M: 612.269.1632
This message (including any attachments) may contain confidential, proprietary, privileged and/or private information. The information is intended to be for the use
of the individual or entity designated above. If you are not the intended recipient of this message, please notify the sender immediately, and delete the message
and any attachments. Any disclosure, reproduction, distribution or other use of this message or any attachments by an individual or entity other than the intended
recipient is prohibited.
TRVDiscDefault::1201
Page 63 of 166
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EXHIBIT APage 64 of 166 Wednesday, August 3, 2022 City Council
Page 65 of 166
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Page 66 of 166 Wednesday, August 3, 2022 City Council
Request for City Council Action
DATE: August 3, 2022
TO: Mayor Levine and City Council; City Administrator Jacobson
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution No. 2022-59 Approving a Conditional Use Permit to Dish Wireless, LLC for
New Cellular/Wireless Communication Equipment & Antennas at Two Rivers High
School Facility – 1897 Delaware Avenue [Planning Case No. 2022-12]
INTRODUCTION
The City Council is asked to adopt a resolution approving a conditional use permit (CUP) to DISH Wireless,
which would approve the addition of new cellular communication antennas and equipment on top of the
Two Rivers High School building, located at 1897 Delaware Avenue.
BACKGROUND
Dish Wireless is seeking permission to install two new antenna arrays on top of the Two Rivers HS building,
along with a small equipment support platform. There are currently two other providers (T-Mobile and
Verizon) on top of the school, and Dish would become the third wireless network carrier/provider at this
location.
On July 26, 2022, the Planning Commission conducted a hearing on this item, whereby a planning report
was presented and received by the commission, and comments from the Applicant and public were given.
Copies of this report and corresponding PC meeting minutes are appended to this memo.
DISCUSSION
The City can use its quasi-judicial authority when considering action on zoning related requests, including
conditional use permits, and has broad discretion. The only limitations are that actions and findings must
be constitutional, rational, and related to protecting the health, safety and general welfare of the public.
RECOMMENDATION
The Planning Commission recommended unanimously (5-0 vote) to approve the CUP to DISH Wireless,
which would approve the installation of new cellular communication antennas and equipment on top of the
Two Rivers High School building, with findings-of-fact to support said approval and conditions.
ACTION REQUIRED
Affirm this recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-59,
APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF NEW
CELLULAR/WIRELESS COMMUNICATION EQUIPMENT AND ANTENNAS ON THE TWO
RIVERS HIGH SCHOOL FACILITY, LOCATED AT 1897 DELAWARE AVENUE
This adoption action requires a simple majority vote.
Page 67 of 166
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City Council 9a
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-59
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
INSTALLATION OF NEW CELLULAR/WIRELESS COMMUNICATION
EQUIPMENT AND ANTENNAS ON THE TWO RIVERS HIGH SCHOOL FACILITY
LOCATED AT 1897 DELAWARE AVENUE
[PLANNING CASE NO. 2022-12]
WHEREAS, Dish Wireless, LLC (the “Applicant) in cooperation with Independent
School District No. 197 (the “Owners) requests approval of a conditional use permit (CUP) to
allow the addition of new cellular/wireless equipment and antennas on top of the existing Two
Rivers High School facilities, located at 1897 Delaware Avenue, and legally described in attached
Exhibit A; and
WHEREAS, the Subject Property is guided PSP – Public/Semi-Public in the 2040
Comprehensive Plan, and is situated in the R-1 One Family Residential District; and
WHEREAS, City Code Section 12-1D-14 requires a conditional use permit approval for
any new or additional wireless antennas or communication systems to an existing tower or
dedicated wireless communications facility; and
WHEREAS, on July 26, 2022, the Mendota Heights Planning Commission held a public
hearing on this planning case item, whereby a planning report was presented and received by the
commission, and comments from the Applicant and public were allowed, and whereupon closing
the hearing, recommended unanimously (5-0 vote) to approve the request from Dish Wireless,
LLC for the CUP, which would allow the installation of new cellular/wireless equipment and
antennas on top of the Two Rivers High School facility, located at 1897 Delaware Avenue, as
proposed and presented under Planning Case No. 2022-12, with specific finding-of-fact to support
said approval and with related conditions.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
that request from Dish Wireless, LLC for a CUP, located at 1897 Delaware Avenue, and as
proposed and presented under Planning Case No. 2022-12, may be approved based on the
following findings-of-fact:
A. The proposed project is consistent with the conditional use permit requirements
allowing such wireless equipment and facilities with an institutional (school) use.
B. The proposed project will not negatively affect the public health, safety and general
welfare of the students, faculty and/or the community.
C. The proposed wireless antenna equipment will not result in any significant physical or
significant changes to the existing school structure or visual exterior appearance.
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City Council
Res. 2022-59 Page 2 of 4
D. Installing the new wireless antennas and equipment will help increase cellular coverage
and data and cellular capacity in the city’s service area.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the request
from Dish Wireless, LLC for a CUP, which would allow the installation of new cellular/wireless
equipment and antennas on top of the Two Rivers High School facility, located at 1897 Delaware
Avenue, as proposed and presented under Planning Case No. 2022-12, is hereby approved with the
following conditions:
1) The Applicant shall abide by all regulations in Title 12-1D-14 of the City Code.
2) The Applicant shall meet all Federal Communication Commission (FCC) standards
and regulations related to the operation and maintenance of these new antenna features,
including all necessary license(s) to operate such communications equipment.
3) A building permit must be approved prior to any installation or new construction work.
The Applicants must provide the name and contact information of a private, third-party
structural engineering inspection firm or structural inspector to provide reports to the
city’s Building Official confirming all new work and structural additions were done in
accordance with State of Minnesota Building Codes.
4) New antennas and related equipment shall comply with all applicable electrical codes.
5) The new antenna arrays and supporting structural materials shall be painted to match
the existing painted color(s) with the other existing cellular communication equipment
on the school.
6) No added lighting or advertisement of any kind, including any noticeable
provider/company logo shall be placed on any part of the antenna arrays, which may
be noticeable or viewed by the general public from the ground or surrounding
properties, and all safety signs/placards must have current and up-to-date phone
numbers.
Adopted by the City Council of the City of Mendota Heights this 3rd day of August, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Mayor Stephanie Levine
ATTEST
________________________________
Christine Lusian, City Clerk
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City Council
Res. 2022-59 Page 3 of 4
EXHIBIT A
Property Address: 1897 Delaware Avenue, Mendota Heights MN 55118
Two Rivers High School
Dakota County Parcel ID Nos. 270250002010,270250001030, 270250001020,
270250001040, 270250001050, 270250001060, and 270250003010
DESCRIPTION OF PROPERTY SURVEYED:
The South 7 acres of the North 12 acres of the East one-half of the Northeast Quarter of the
Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three.
AND
The West 426 feet of the North one-half of the Northeast Quarter of the Northeast Quarter of the
Northeast Quarter of Section twenty-five, Township twenty-eight North, Range twenty-three West,
except the North 40 feet thereof.
AND
The West One-Half of the Northeast Quarter of the Northeast Quarter Section Twenty-five,
Township Twenty-eight, Range Twenty-three, Dakota County.
AND
The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight,
Range Twenty-three.
AND
The Southerly One Hundred feet of the Easterly Two Hundred Twenty feet of the North One half
of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-
five, Township Twenty-eight, Range Twenty-three, subject to the rights of the Public over the
Easterly Thirty feet thereof for Roadway purposes. Commonly known as "Delaware Avenue".
AND
The South One Hundred feet of the North One Half of the Northeast Quarter of the Northeast
Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-
three, except the West Four Hundred Twenty-Six feet, and also except the East Two Hundred
Twenty feet thereof, Dakota County, Minnesota.
AND
The South Eight Acres of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter
of Section Twenty-five, Township Twenty-eight North, Range Twenty- three West.
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Res. 2022-59 Page 4 of 4
EXCEPT
The West 40 feet of the W 1/2 of the NE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W, excepting
the North 40 feet for street.
ALSO EXCEPT
That portion of the SE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W. Commencing at the NW comer
of said SE 1/4 NE 1/4 thence east 40 feet, thence South 262.50 feet, thence Southeasterly 221.97
feet along an arc of 1,106.28 feet radius concave Northeasterly, thence S11° 30'E, 95.16 ft.,
thence Southerly 238.03 feet along an arc of 1,186.28 feet radius concave Southwesterly, thence
South 384 feet more or less to the North right of way line of T.H. 110, thence Westerly 105.0 feet
to the West line of said SE 114 NE 114, thence North 1,197.00 feet more or less, to the point of
beginning.
ALSO EXCEPT
All that part of the following described tract: The southeast quarter of the northeast quarter of
Section 25, township 28 north, range 23 west, except highways; which lies southerly of a line run
parallel with and distant 75 feet northerly of the following described line: Beginning at a point on
the east line of said section 25, distant 364.03 feet north of the east quarter comer thereof; thence
run westerly at an angle of 90°17'45" with said east section line (when measured from north to
west) for 41.28 feet; thence deflect to the left on a 16°00' curve (delta angle 40°00') for 250 feet;
thence on tangent to said curve for 101.75 feet; thence deflect to the right on an 8°00' curve (delta
angle 40°00') for 500 feet thence on tangent to said curve for 600 feet and there terminating.
ALSO EXCEPT
The east 30.00 feet of the North 112 of Section 25, Township 28, Range 23, dedicated on the
Plat of Delaware.
Property is located in Dakota County, Minnesota.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
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City Council
PLANNING STAFF REPORT
MEETING DATE:July 26, 2022
TO:Planning Commission
FROM:Tim Benetti, Community Development Director
SUBJECT:Planning Case 2022-12
CONDITIONAL USE PERMIT
APPLICANT:DISH Wireless LLC (I.S.D. 197)
PROPERTY ADDRESS:1897 Delaware Avenue (Two Rivers High School)
ZONING/GUIDED:R-1 One Family Residential / Public & Semi-Public
ACTION DEADLINE:August 22, 2022
INTRODUCTION
DISH Wireless is seeking a conditional use permit (CUP) to add new wireless or cellular communication
equipment on top of the Two River High School facility, located at 1897 Delaware Avenue. Title 12-1D-
4 of the Code requires conditional use permit approval for wireless antennas, subject to conditions.
BACKGROUND & PROJECT DESCRIPTION
The subject property is the location of Two Rivers High School and I.S.D. 197 district offices. The property
is zoned R-1 One-Family Residential and guided Public/Semi-Public.
The school was originally granted a CUP in 1998 (Res. 98-25) that approved the placement of cellular
equipment on the side of the school. Later in 2003, the school received an additional CUP to install a new
cellular tower on the campus site, but it appears the school either did not install this tower or it has since
been removed. The school was then later granted additional CUP’s in 2012, 2013 (Sprint) and in 2105
(Verizon) to place or install new wireless antenna equipment on top of the school building.
At this time, only Verizon Wireless and T-Mobilehave installations on the school’s rooftop. Dish Wireless,
is in the process of building out a nationwide, wireless network (as a result of the 2018 T-Mobile/Sprint
merger), which created an opening in the cellular communications market for another wireless carrier.
Dish is proposing to install two (2) antenna mounts and an equipment platform, with one equipment cabinet
on the rooftop. One antenna mount will contain 2 antennas; while the other antenna mount will contain one
antenna. The equipment platform will be contained within a 5’ x 7’ leased area of the rooftop.
ANALYSIS
City Code Section 12-1D-14 contains regulations regarding wireless antennas, towers, and accessory
structures and requires a conditional use permit in all zoning districts. The purpose of the Code section is
to protect the public health, safety and general welfare of the community while accommodating the
communication needs of residents and businesses, and is necessary to:
1. Avoid potential damage to adjacent properties and personal injury from tower collapse through
structural standards and setback requirements.
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 2
2. Protect the aesthetic qualities of the community by requiring tower and antenna equipment to be
screened from properties within viewing distance of the site and to be designed in a manner to blend
in with the surroundings and complement existing structures.
3. Maximize the use of existing and approved freestanding antenna towers, buildings, and existing light
poles for new wireless telecommunication antennas.
4. Minimize the number of freestanding antenna towers needed to serve the community by utilizing
collocation.
5. Facilitate the provision of wireless telecommunication services to the residents and businesses.
Section 12-1D-14 also contains specific evaluation criteria for determining or allowing the approval of a
conditional use permit related to new wireless communication systems. Some of these criteria are not
applicable, due to the nature of any pre-existing towersand/or communication support structure(s) that may
exist on a site. Whenever any provider wishes to add antennas, expand or adjust a tower (height), or install
additional support accessory structures, a conditional use permit is required. The following provisions and
standards have been analyzed and noted in this planning report, based on the submitted materials:
C. Building Mounted Antennas:
1. Permitted Buildings: Antennas may only be mounted on institutional buildings (churches, schools,
businesses, etc.) or multiple-family dwellings two (2) stories or higher. Wireless
telecommunications antennas are not permitted on attached or detached single-family homes or
townhome dwellings.
Staff Comments: The existing location is on top of an institutional building (school); therefore this request
can be considered a permitted use or right by means of this CUP application.
2. Flush Mounting; Color:
a. Building mounted antennas must be flush mounted to the sides of the building and painted the
color of the building exterior unless the applicant can demonstrate to the council that
protrusion above the roofline is necessary for communication effectiveness.
b. In no case shall building mounted antennas or any attachment thereto be allowed to protrude
more than fifteen feet (15') above the roofline of the building.
Staff Comments:Not applicable, the existing building-mounted wireless antenna structures were approved
in 1998, and subsequent communication equipment were approved in 2012, 2013 and 2015. The existing
flush mounted arrays along the north elevation of the school building appear to meet this standard, and this
application is not requesting to flush or side mount (on the school wall) any of these new cell arrays. The
building color matching standard applies to flush or wall mounted panels and antennas only.
The proposed antenna arrays are roof-mounted only. The applicant has provided a structural engineering
and coverage reports that support the request to place these panels on top of the school building for added
and uninterrupted coverage. The new upgraded equipment is shown to be 12’-2” from roof top to highest
point of the new antenna arrays. This standard is being met and all new arrays will be compliant with the
15-foot height limits.
E. Aesthetics:
1. Design: All freestanding antenna towers shall be of a monopole type design. The use of guyed
towers is prohibited.
2. Color:
a. Those portions of all freestanding antenna towers and all antennas which protrude into the air
shall be painted eggshell.
b. Those portions of all antennas that are flush mounted to the sides of buildings shall be painted
to match the exterior of the building.
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 3
3. Screening: All accessory buildings to all freestanding towers shall be screened from public view
by a landscape plan according to the landscape standards of the appropriate zone and as described
in subsection 12-1D-13-2D1 of this article subject to council review.
4. Advertising: Advertising of any kind shall not be permitted on any freestanding antenna tower,
antenna, or accessory structure.
5. Lighting: Artificial lighting of any kind shall not be permitted on any freestanding antenna tower,
antenna, or accessory structure unless such lighting is required by the FCC, the FAA, or another
federal or state regulatory body. If such a requirement exists, only the minimum amount of lighting
required shall be allowed.
6.Prohibitions: Structures, functions, uses or activities that are not found by the city to be specifically
necessary for the proper functioning of the antennas shall be prohibited on any antenna or tower
without express permission from the city unless the city grants a waiver to this requirement.
Staff Comments:The proposed cell equipment is not considered a freestanding tower; no guyed wires
will be present. The antenna support frames are physically attached to the roof of the school building, as
per the structural engineering designs and reports.
The plans show the antenna arrays will be mounted on galvanized steel
frames. The plans are absent of any details on color or paint; however, City
Code states antennas that protrude in the air must be painted eggshell, which
is an off-white or slightly tan/yellow tinted color base (see color palette
image – right).
Staff recommends this new equipment should be painted to match the existing or other cell providers’
equipment. From visual inspections of the school site and visible cell equipment on top of the school
building, it appears this color may be an eggshell, light gray or similar (see photo image – below). Staff
suggests the Applicant agrees to paint or provide a color that closely matches to the current equipment.
All of the supporting accessory equipment or control rooms are either on top of the school roof or inside
the building. There are no plans to place any equipment or structures on the ground-level outside the school
yard. No added screening measures should be needed or required as part of this project.
No advertising or signage (except for safety or warning messages) is proposed to be placed or displayed on
the wireless antenna panels, nor will any advertising be allowed.
Artificial lighting of any kind shall not be permitted on any freestanding antenna tower, antenna, or
accessory structure unless such lighting is required by the FCC, the FAA, or another federal or state
regulatory body. If such a requirement exists, only the minimum amount of lighting required is allowed.
Upon review of these plans, it appears that all “structures, uses or activities” being proposed for this site
are deemed necessary for the proper functioning of the antennas and related communications equipment,
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 4
and the city is not granting any waiver to any prohibited uses or activities under this CUP. The applicant
is required to comply with this provision under the approvals granted under any CUP.
F. Safety:
2. Compliance With Building And Electrical Codes: All antennas, freestanding antenna towers, and
accessory structures shall conform to all building and electrical codes.
Staff Comments:The applicant is required to comply with this provision.under the approval granted under
any CUP, and is made part of the new building permit approving the installation of said improvements.
The Building Official may request or require a third-party engineering or inspection firm to verify that all
new antenna equipment is or will be installed according to all State of Minnesota building code and safety
requirements.
G. Accessory Structures for Antennas:
1. Location and General Requirements: Accessory buildings to antennas or freestanding antenna
towers must lie completely within all applicable setbacks from all property lines and must otherwise
conform to all requirements for accessory buildings within the description of the specific zone.
2. Architecture:
a. Accessory structures and equipment buildings shall be designed to be architecturally
compatible with any principal structures on the site or, in the absence of such structures, with
their immediate surroundings in an aesthetically pleasing manner.
b. Accessory structures shall be finished on all sides.
c. The planning commission shall review and the council shall approve the design of any
accessory structures and equipment buildings.
Staff Comments:There is an existing, enclosed accessory support structure located on top of the school
building, which serves the other two cellular providers. Dish Wireless is planning to install a small, 5’ x 8’
uncovered steel grated platform as their supporting equipment area. This platform is planned to be located
near the upper wall section of the “penthouse” floor of the school, which should not be visible from the
streets or surrounding neighborhoods (see oblique-aerial image – below).
H. Additional Requirements:
1. Abandoned Structures:
a. Removal Required: Unused or obsolete freestanding antenna towers, antennas, structures or
apparatus must be removed within six (6) months of when the operation ceases.
b. Bond: A successful applicant shall provide an abandonment bond to the city equal to one and
a half (11/2) times the current cost of removal and disposal of all antennas and accompanying
apparatus as estimated by a consultant selected by the city and paid for by the applicant, which
bond shall be used by the city to remove the antennas and apparatus should they become
unused or obsolete and the applicant or its successors or assigns become disbarred or
otherwise fail to remove said antennas and apparatus.
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 5
Staff Comments:The applicant has provided information that as part of their lease agreement with ISD-
197, they are required to remove any equipment and restore the school property within 90-days from
expiration or termination of any lease agreement. The city normally requires an abandonment bond for
services or providers on city owned or managed sites. In the case of the school property however, we
reserve the rights to the school district to manage and enforce the removal, disposal and restoration work
should the cellular equipment be abandoned, or need to be removed for any reason they deem appropriate.
2. Other Required Licenses: The applicant must submit proof of any applicable federal, state, or local
licenses to the council prior to receiving a building permit.
Staff Comments:The applicant stated there a no Federal licenses required to install or operate this new
system, other than the FCC market license for frequencies. The Applicant is required to submit proof or
record of any required licensures to the city prior to issuance of a building permit, and shall comply with
this provision under the approvals granted under this CUP..
3. Interference With Public Safety Systems Prohibited: The applicant must agree in writing to support,
participate in and refrain from interfering with public warning systems and public safety
communications and other radio frequencies as may be regulated by the federal communications
commission (FCC).
Staff Comments:The applicant is required to comply with this provision under the approvals granted
under any CUP. The Applicant has provided a written response to the City that: “DISH Wireless L.L.C.
(“DISH”) shall comply with all FCC rules regarding interference with other radio services and all FCC
rules concerning human exposure to radio frequency energy.
4. Coverage/Interference And Capacity Analyses: The applicant shall demonstrate, by providing a
coverage/interference analysis and capacity analysis, that the location and height of any
freestanding antenna tower or antenna as proposed is necessary to meet the communication,
frequency reuse and spacing needs of the communication services system, and to provide adequate
coverage and capacity to areas that cannot be adequately served by locating the towers in a less
restrictive district or on an existing structure, freestanding antenna tower or antenna including
such in neighboring municipalities.
Staff Comments:The applicant is required to comply with this provision under the approvals granted
under any CUP; and has provided a written response to the City stating: “DISH Wireless L.L.C. (“DISH”)
shall comply with all FCC rules regarding interference with other radio services and all FCC rules
concerning human exposure to radio frequency energy. “
5. Compliance With FCC Regulations; Noninterference Required: All new or existing
telecommunications service and equipment shall meet or exceed all federal communications
commission (FCC) standards and regulations and shall not interfere with any other
communications, computers, laboratory equipment or manufacturing equipment, including
television and other home electronics. The applicant shall provide to the city a report from a
qualified professional engineer guaranteeing noninterference and a copy of the FCC approval of
the antenna in regard to noninterference.
Staff Comments:The applicant is required to comply with this provision under the approvals granted
under any CUP; and has provided a written response to the City stating: “DISH shall comply with all FCC
rules regarding interference to other radio services and human exposure to radio frequency energy. In the
unlikely event that interference does occur, DISH agrees to fully cooperate with the entity experiencing
interference to identify and correct, to the extent reasonably possible, any issues caused by the DISH
installation.”
6. Environmental Impact Statement: In the event that the FCC or other agency or other governmental
body having jurisdiction requires the applicant to submit an environmental impact statement or
similar document, a copy of this document shall be submitted to the city.
Staff Comments:Not applicable.
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 6
7. Nonconformances: Existing nonconforming freestanding antenna towers, antennas, or accessory
structures shall be allowed to continue operation unless use of the freestanding antenna tower,
antenna, or accessory structure for its intended purpose ceases for a continuous period of six (6)
months, in which case, resumption of use shall require a reapplication for a conditional use permit.
Staff Comments:The applicant is required to comply with this provision under the approvals granted
under any CUP.
8. Area Map: All applications for either a freestanding antenna, a freestanding antenna tower, or a
building mounted antenna shall be accompanied by a map of all existing towers and antennas of
the same provider within a two (2) mile radius of the proposed site and all future planned antennas
of the same provider for the next five (5) years within a two (2) mile radius of the proposed site.
Staff Comments:A coverage map has been provided by the Applicants (attached hereto); and the
Applicants will answer any additional questions the commissioners (or city council) may have on this
coverage issue.
9. Costs To Applicant: All costs of an application, including, but not limited to, those incurred by city
staff time and resources, engineering studies by consultants, and other data as may be required by
the city staff, the planning commission or the city council shall be borne in full by the applicant.
Staff Comments:The applicant is required to comply with this provision.
10. Variances: The council may at its discretion waive any or all of the requirements of this section in
order to approve a unique "stealth" or "camouflage" design of freestanding antennas or poles or
building mounted antennas if, in the opinion of the council, said apparatus will be sufficiently
disguised as trees, light poles, church steeples, or other similar objects.
Staff Comments:There are no variance(s) being requested or processed with this CUP application.
ALTERNATIVES for ACTION
Following the public hearing and discussion, the Planning Commission may consider the following actions:
1. Recommend APPROVAL of the Conditional Use Permit to Dish Wireless for the proposed
cellular/wireless communication equipment, located on top of the Two River High School facilities,
1897 Delaware Avenue, based on the findings-of-fact that the new equipment will be fully compliant
with the standards and regulations of City Code; or
2. Recommend DENIAL of the Conditional Use Permit Conditional Use Permit to Dish Wireless and for
the property located at 1897 Delaware Avenue, with specific findings-of-fact as determined by the
Planning Commission that support such a denial; or
3. TABLE the request, pending additional information if requested by the Planning Commission; and
direct staff to extend the application review period an additional 60-days, in compliance with MN
STATUTES 15.99.
STAFF RECOMMENDATION
Staff recommends approval of the conditional use permit for the new wireless antenna improvements
proposed by Dish Wireless, and to the property located at 1897 Delaware Avenue, with the condition that
the applicant abides by all regulations in Title 12-1D-14 of the City Code, as outlined in this staff report,
and the following conditions:
1) The Applicant shall abide by all regulations in Title 12-1D-14 of the City Code.
2) The Applicant shall meet all Federal Communication Commission (FCC) standards and regulations
related to the operation and maintenance of these new antenna features.
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Planning Report-Case #2022-12 (CUP-Dish Wireless) Page 7
3) A building permit must be approved prior to any installation or new construction work. The Applicants
must provide the name and contact information of a private, third-party structural engineering
inspection firm or structural inspector to provide reports to the city’s Building Official confirming all
new work and structural additions were done in accordance with State of Minnesota Building Codes.
4)The new antennas and related equipment shall comply with all applicable electricalcodes.
5)The new antenna arrays and supporting structural materials shall be painted to match the existing
painted color(s) with the other existing cellular communication equipment on the school.
6)No added lighting or advertisement of any kind, including any noticeable provider/company logo
shall be placed on any part of the antenna arrays, which may be noticeable or viewed by the general
public from the ground or surrounding properties.
FINDINGS OF FACT
FOR APPROVAL
Conditional Use Permit
for
Cellular-Wireless Antenna Equipment
1897 Delaware Avenue (Two Rivers High School Facility)
________________________________________________________________________
The following Findings of Fact are made in support of approval of the proposed conditional use request:
1. The proposed project is consistent with the conditional use permit requirements allowing such
wireless equipment and facilities with an institutional (school) use.
2. The proposed project will not negatively affect the public health, safety and general welfare of the
students, faculty and/or the community.
3. The proposed wireless antenna equipment will not result in any significant physical or significant
changes to the existing school structure or visual exterior appearance.
4. Installing the new wireless antennas and equipment will help increase cellular coverage and data
and cellular capacity in the city’s service area.
Page 78 of 166
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7/19/22, 12:03 PM Dakota County GIS
gis.co.dakota.mn.us/DCGIS/1/1
TWO RIVERS HS -1897 Delaware AvAAe.
Disclaimer:Map and parcel data are believed to be accurate,but accuracy is not guaranteed.This is not a legal document and should not be
substituted for a title search,appraisal,survey,yy or for zoning verification.
Map Scale
1 inch =200 feet
7/19/2022
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5' x 8' PlatformCell Arrays
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T-1SHEET INDEXVICINITY MAPDIRECTIONSSITE INFORMATIONPROJECT DIRECTORY11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTEDGENERAL NOTESSITE PHOTOGOPHER STATE ONE CALLUTILITY NOTIFICATION CENTER OF MINNESOTA(800) 252-1166WWW.GOPHERSTATEONECALL.ORGxxxxxxxxxxxxxxDISH Wireless L.L.C. SITE ID:MNMSP00377BDISH Wireless L.L.C. SITE ADDRESS:1897 DELAWARE AVE.,SAINT PAUL, MN 55118MINNESOTA CODE COMPLIANCESCOPE OF WORKPage 90 of 166
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 1 of 11
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
JULY 26, 2022
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 26,
2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M.
The following Commissioners were present: Acting Chair Sally Lorberbaum, Commissioners
Patrick Corbett, Cindy Johnson, Michael Toth, and Brian Petschel. Those absent: Chair Litton
Field, and Commissioner Andrew Katz.
Approval of Agenda
The agenda was approved as submitted.
Approval of June 28, 2022 Minutes
COMMISSIONER CORBETT MOVED, SECONDED BY COMMISSIONER JOHNSON TO
APPROVE THE MINUTES OF JUNE 28, 2022.
FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM NOTED ON PAGE TWO, THE
SECOND PARAGRAPH, IT SHOULD STATE, “…OTHER OPTIONS.” ON PAGE THREE,
NUMBER FOUR, IT SHOULD STATE, “…C.O. CERTIFICATE OF OCCUPANCY…”
AYES: 5
NAYS: 0
Hearings
A) PLANNING CASE 2022-12
DISH WIRELESS, LLC/ISD-197, 1897 DELAWARE AVENUE – CONDITIONAL
USE PERMIT
Community Development Director Tim Benetti explained that DISH Wireless is seeking a
conditional use permit (CUP) to add new wireless or cellular communication equipment on top of
the Two River High School facility, located at 1897 Delaware Avenue. Title 12-1D-14 of the
Code requires conditional use permit approval for wireless antennas, subject to conditions.
Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments
or objections to this request were received.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 2 of 11
Staff recommended approval of this application based on the findings and with conditions.
Commissioner Toth referenced the new antennas that will be mounted and asked if those would
be higher than the existing antennas.
Community Development Director Tim Benetti replied that the new antennas would be at or below
the height of the existing antennas.
Commissioner Toth asked if the 15-foot height limitation comes from City Code or whether that
is from the manufacturer’s information.
Community Development Director Tim Benetti replied that limitation for roof mounted items is
found within City Code.
Commissioner Johnson noted that the staff report stated that an environmental impact statement
was not applicable. She stated that the FCC talks about an environmental assessment if the
facilities will cause human exposure levels and asked those levels. She also asked why the EIS
was not applicable.
Community Development Director Tim Benetti stated that the FCC licenses and monitors these
structures. He noted that those proofs are provided to the FCC to ensure harm will not be caused
to humans or the environment. He stated that the FCC licensing is complicated and noted that
perhaps the applicant could provide additional details.
Commissioner Petschel stated that typically that falls to the equipment rather than the applicant.
Community Development Director Tim Benetti stated that the applicant has provided the FCC
packet of information and that entity would have the final say on whether there would be any
impacts.
Acting Chair Lorberbaum suggested that the approval be contingent upon receipt of the FCC
license.
Rob Viera representing DISH Wireless, stated that T-Mobil and Sprint merged into one which
means there are three major carriers. He stated that DISH obtained a permit to provide service in
the market as the fourth provider. He stated that this is 5G equipment, therefore it is smaller
equipment with one cabinet and three antennas. He stated that the existing Verizon equipment
would be larger and higher than their proposed equipment.
Commissioner Toth asked if there is a capacity of how many tenants could have equipment on the
building, noting that 15 years ago there were no antennas and now there will be three.
Mr. Viera replied that it is expensive to come into the market and therefore he does not see a lot
more companies attempting to come into the market. He stated that they look for existing locations
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 3 of 11
rather than building new towers. He stated that AT&T is located elsewhere, and the other three
carriers would be located on this building.
Commissioner Johnson stated that the coverage is shown on the map, with and without this site.
She asked if the company is planning any other locations within a two-mile radius.
Mr. Viera replied that there would be other locations, but he is not working on those. He stated
that he could provide a map with proposed locations. He stated that antenna locations are
determined based on the number of customers and service needs.
Commissioner Johnson commented that it is her understanding that high frequency 5G requires
more towers closer together and asked for more details.
Mr. Viera replied that they are not looking to build towers and therefore they look for existing
towers or structures with inherent height that could support an antenna. He stated that DISH
purchased the BOOST Mobile customers in this market as a starting point. He stated that antennas
can be put into right-of-way within certain limitations as they are considered a utility. He noted
that this would be a smaller network and the needs would depend on the customer base. He stated
that there will be more needed to cover Mendota Heights, but that is yet to be determined.
Commissioner Petschel stated that he believes the comments of Commissioner Johnson is related
to ultra-wideband which is not what DISH is suggesting.
Commissioner Johnson asked if there is data on the radio frequency levels for students and teachers
with the antennas and all the phones being used.
Mr. Viera stated that the signal propagates up towards the horizon. He stated that the kids in the
school will have the best service, noting that phones get warm when they are searching for a signal.
Acting Chair Lorberbaum confirmed that the applicant is in agreement with the right for the City
to request a third-party inspection of the equipment if desired. She also referenced the right for
the City to require a bond and asked if the applicant is willing to do that.
Mr. Viera replied that is covered in the lease and is in agreement with the condition.
Acting Chair Lorberbaum asked how often inspections are done.
Mr. Viera replied that things can be adjusted and maintained remotely. He noted that generally
speaking someone could visit the site every few months but if everything is operating well, it
would not require someone to visit the site as often.
Acting Chair Lorberbaum referenced a sticker shown in the packet that had a phone number and
stated that she called the number and it stated that the phone number would no longer be valid as
of August 1st but provided a new phone number that would be valid after that time.
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 4 of 11
Mr. Viera replied that he did not complete the drawings but noted that a correct phone number
would be used.
Acting Chair Lorberbaum opened the public hearing.
Seeing no one coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to
close the public hearing.
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE NEW
WIRELESS ANTENNA IMPROVEMENTS PROPOSED BY DISH WIRELESS, AND TO THE
PROPERTY LOCATED AT 1897 DELAWARE AVENUE, WITH THE CONDITION THAT
THE APPLICANT ABIDES BY ALL REGULATIONS IN TITLE 12-1D-14 OF THE CITY
CODE, AS OUTLINED IN THE STAFF REPORT, AND WITH THE FOLLOWING
CONDITIONS:
1. THE APPLICANT SHALL ABIDE BY ALL REGULATIONS IN TITLE 12-1D-14 OF
THE CITY CODE.
2. THE APPLICANT SHALL MEET ALL FEDERAL COMMUNICATIONS
COMMISSION (FCC) STANDARDS AND REGULATIONS RELATED TO THE
OPERATION AND MAINTENANCE OF THESE NEW ANTENNA FEATURES.
3. A BUILDING PERMIT MUST BE APPROVED PRIOR TO ANY INSTALLATION OR
NEW CONSTRUCTION WORK. THE APPLICANTS MUST PROVIDE THE NAME
AND CONTACT INFORMATION OF A PRIVATE, THIRD -PARTY STRUCTURAL
ENGINEERING INSPECTION FIRM OR STRUCTURAL INSPECTOR TO PROVIDE
REPORTS TO THE CITY’S BUILDING OFFICIAL CONFIRMING ALL NEW WORK
AND STRUCTURAL ADDITIONS WERE DONE IN ACCORDANCE WITH STATE
OF MINNESOTA BUILDING CODES.
4. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL
APPLICABLE ELECTRICAL CODES.
5. THE NEW ANTENNA ARRAYS AND SUPPORTING STRUCTURAL MATERIALS
SHALL BE PAINTED TO MATCH THE EXISTING PAINTED COLOR(S) WITH THE
OTHER EXISTING CELLULAR COMMUNICATION EQUIPMENT ON THE
SCHOOL.
6. NO ADDED LIGHTING OR ADVERTISEMENT OF ANY KIND, INCLUDING ANY
NOTICEABLE PROVIDER/COMPANY LOGO SHALL BE PLACED ON ANY PART
OF THE ANTENNA ARRAYS, WHICH MAY BE NOTICEABLE OR VIEWED BY
THE GENERAL PUBLIC FROM THE GROUND OR SURROUNDING PROPERTIES.
7. A THIRD-PARTY INSPECTION CAN BE REQUESTED AND REPORT PROVIDED
TO THE CITY.
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 5 of 11
FURTHER DISCUSSION: ACTING CHAIR LORBERBAUM ASKED IF ANOTHER
CONDITION SHOULD BE ADDED RELATED TO INSPECTION.
COMMISSIONER PETSCHEL ASKED WHO WOULD BE RESPONSIBLE FOR THE COST
OF AN INSPECTION, NOTING THAT HE BELIEVED IT WOULD FALL TO THE CITY.
COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI EXPLAINED THAT WITH
COMPLICATED THINGS SUCH AS THIS, THE CITY HAS THE RIGHT TO REQUEST A
THIRD-PARTY INSPECTION BE COMPLETED AND PROVIDED DETAILS ON A
SIMILAR INSPECTION THE CITY REQUESTED. HE STATED THAT THE CITY IS THEN
PROVIDED WITH A REPORT AND CONFIRMED DISH WIRELESS PAID FOR THE
INSPECTION IN THE OTHER INSTANCE. THAT REQUIREMENT IS ALREADY
INCLUDED IN CONDITION THREE.
COMMISSIONER JOHNSON STATED THAT SHE IS AWARE THAT THIS ACTIVITY IS
HIGHLY REGULATED BY THE FCC, BUT SHE IS UNSURE THE THOUGHTS OF THE
COMMISSION. SHE ASKED IF THERE IS ANY DATA TO SAY WHAT IS GOING ON IN
THE BUILDING RELATED TO RADIATION.
COMMISSIONER PETSCHEL STATED THAT HE REGULARLY SHEPHERDS
EQUIPMENT THAT HE DESIGNS THROUGH THE FCC PROCESSES AND EVERY CELL
PHONE IS INDEPENDENTLY REGULATED REGARDLESS OF BROADCAST
CONDITIONS TO ENSURE IT IS SAFE FOR HUMAN USE. HE PROVIDED ADDITIONAL
DETAILS ON HOW THE SAFE EMISSION STANDARDS ARE DETERMINED AND
NOTED THAT THE ROOF IS A GROUNDED METAL SURFACE. HE STATED THAT HE
HAS NO CONCERN.
ACTING CHAIR LORBERBAUM ASKED IF AN ABANDONMENT BOND SHOULD BE
ADDED.
COMMISSIONER PETSCHEL STATED THAT THIS IS NOT CITY OWNED PROPERTY.
COMMUNITY DEVELOPMENT DIRECTOR TIM BENETTI COMMENTED THAT WILL
BE BUILT INTO THE LEASE AGREEMENT WITH THE SCHOOL DISTRICT.
AYES: 5
NAYS: 0
Acting Chair Lorberbaum advised the City Council would consider this application at its August
3, 2022 meeting.
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Request for City Council Action
DATE: August 3, 2022
TO: Mayor Levine and City Council; City Administrator Jacobson
FROM: Tim Benetti, Community Development Director
SUBJECT: Resolution No. 2022-60 Approving a Variance to 1057 Esther Lane
[Planning Case No. 2022-13]
INTRODUCTION
The City Council is asked to adopt a resolution approving a variance to 1057 Esther Lane, which would
approve a new garage addition to encroach 3.3 feet into the 10-foot side-yard setback. The applicants and
owners are Tim and Megan Altier.
BACKGROUND
The subject property is located in the Kirchner Addition, one of the historically older R-1 One Family
Residential zoned neighborhoods in the community. The property consists of 16,816-sf. of parcel area, and
contains a small 1,486-sf. one-story, flat-roofed dwelling structure built in 1956, with a 374-sf. single car
attached garage.
The Altier’s purchased the subject property in 2019, and began making minor exterior and interior
improvements to the dwelling, and are now seeking permission to provide an addition to the existing garage
by expanding it from a single -car to two-car capacity. The proposed expansion can only be allowed by
approval of this variance.
On July 26, 2022, the Planning Commission conducted a hearing on this item, whereby a planning report
was presented and received by the commission, and comments from the Applicant and public were given
and noted for the record. Copies of this report and PC meeting minutes are appended to this memo.
DISCUSSION
The City can use its quasi-judicial authority when considering action on zoning related requests, including
variances, and has broad discretion. The only limitations are that actions and findings must be
constitutional, rational, and related to protecting the health, safety and general welfare of the public.
RECOMMENDATION
The Planning Commission recommended unanimously (5-0 vote) to approve the variance to 1057 Esther
Lane and to Tim & Megan Altier, which would approve a new garage addition to encroach 3.3-ft. into the
required 10-ft. side-yard setbacks, with findings-of-fact to support said approval and conditions.
ACTION REQUIRED
Affirm this recommendation from the Planning Commission by adopting RESOLUTION NO. 2022-60,
APPROVING A VARIANCE TO 1057 ESTHER LANE.
This adoption action requires a simple majority vote.
Page 127 of 166
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City Council 9b
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-60
RESOLUTION APPROVING A VARIANCE
FOR PROPERTY LOCATED AT 1057 ESTHER LANE
[PLANNING CASE NO. 2022-13]
WHEREAS, Tim & Megan Altier (the “Applicants/Owners”) requesting approval of a
variance to encroach approximately 3.3-ft. into the 10-ft. side yard setback for a new attached
garage addition to an existing single-family dwelling, located at 1057 Esther Lane (the “Subject
Property”), legally described on attached Exhibit A; and
WHEREAS, the Subject Property is guided LR-Low Density Residential in the 2040
Comprehensive Plan and is situated in the R-1 One Family Residential District; and
WHEREAS, the Subject Property’s existing single-family dwelling, due primarily to its
build date and pre-existing development on the property, does not meet certain R-1 District setback
standards, and is therefore deemed a legal, nonconforming property, per City Code 12-1D-1; and
WHEREAS, the Applicant seeks a variance to construct a new 302-sq. ft. addition to an
existing 374-sq. ft. single-car attached garage structure on the subject property, which would result
in a reduced setback of 6.7-ft. from the northerly side-yard lot line; and
WHEREAS, Title 12-1L-5: Variances of the Mendota Heights City Code allows for the
City Council to grant variances or certain modifications from the strict application of the
provisions of the City Code, and impose conditions and safeguards with variances if so needed or
granted; and
WHEREAS, on July 26, 2022, the Mendota Heights Planning Commission held a public
hearing on this planning case item, whereby a planning report was presented and received by the
commission, and comments from the Applicant and public were allowed, and the Planning
Commission recommended unanimously (5-0 vote) to approve the variance requested under
Planning Case No. 2022-13 and for 1057 Esther Lane, with specific finding-of-fact to support said
approval and with related conditions of approval as noted in this resolution.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
recommendation from the Planning Commission is hereby affirmed, and the Variance requested
under Planning Case No. 2022-13 and for 1057 Esther Lane, is hereby approved along with the
following findings of fact:
A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the
strict application of the provisions of the Code in cases where there are “practical
difficulties” in carrying out the strict letter of the regulations of the Code. “Practical
difficulties” consists of a three-part test: (i) the Applicant proposes to use the property in a
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Res. 2022-60 Page 2
reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is
due to circumstances unique to the property not created by the Applicant; and (iii) the
variance, if granted, will not alter the essential character of the neighborhood. Economic
considerations alone do not constitute “practical difficulties.”
B. The Applicant has met the burden of demonstrating the requisite “practical difficulties” in
order to justify the granting of the variance for a reduced setback by the following:
i.) the proposed matching and small-scale addition to the attached garage and the
existing home is consistent with other homes and properties throughout the
surrounding neighborhood, and the overall use and enjoyment of the home and
property does not change even with the allowance of the variance, and therefore the
requested variance is considered a reasonable request;
ii.) the subject property was originally platted in 1944, creating a uniquely shaped style
lot, which was later developed in 1956; and due to the original alignment and layout
of the dwelling structure on the subject lot with varying setbacks, this design created
some unique circumstances, difficulties or impediments for the Owners to add a
reasonable addition, especially along this north side of the home, except by means of
a variance.
iii.) approving the Variance does not change the essential character of the neighborhood,
as the neighboring properties and residential neighborhood area will not be affected
by the approval of this variance; and
iv.) this new addition and request for variance is considered in harmony with the general
purpose of the zoning ordinance and consistent with the current and proposed land
use and housing goals and policies as contained in the 2040 Comprehensive Plan for
the community.
C. The City has considered the factors required by Title 12-1L-5E.1 of the City Code,
including but not limited to the effect of the variance upon the health, safety, and welfare
of the community, existing and anticipated traffic conditions, the effect of the variance on
the danger of fire and the risk to public safety, and upon the value of properties in the
surrounding area, and upon the Comprehensive Plan, and has determined this variance will
not affect or pose any negative impacts upon the neighborhood or the community in
general.
D. Approval of this variance is for 1057 Esther Lane only, and does not apply or give
precedential value to any other properties throughout the city. All applicants for a variance
must apply for and provide a project narrative to the city to justify a variance; and all
variance requests must be reviewed independently by city staff and legal counsel under the
requirements of the City Code.
E. The factual findings and analysis found in the Planning Staff Report for Planning Case No.
2022-13, dated and presented July 26, 2022 (on file with the City of Mendota Heights), is
hereby fully incorporated into this Resolution No. 2022-60.
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Res. 2022-60 Page 3
F. The City has the authority to place reasonable conditions upon the property subject to his
variance request. Conditions must be directly related to and roughly proportional to the
impact created by the variance, and are noted as follows:
i.) The proposed encroachment for the addition shall not extend further than 3.3 feet into
the required 10-foot side-yard setback, as illustrated on the survey and site plan
included in the application submittal (Planning Case File No. 2022-13).
ii.) The new garage addition, including the roofline, will match the overall architecture
and design of the existing residential dwelling.
iii.) Full erosion and sedimentation measures will be put in place prior to and during
grading and construction work activities.
iv.) All grading and construction activity will be in compliance with applicable federal,
state, and local regulations and codes, as well as in compliance with the City’s Land
Disturbance Guidance Document.
v.) Approval of the variance is contingent upon City Council approval of the application
and corresponding site plan. If the variance is approved by the City Council, the
Applicant shall obtain a building permit for construction of the proposed addition
within one-year from said approval date.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Variance
requested under Planning Case No. 2022-13 and for 1057 Esther Avenue is hereby approved.
Adopted by the City Council of the City of Mendota Heights this 3rd day of August, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
________________________________
Mayor Stephanie Levine
ATTEST
________________________________
Christine Lusian, City Clerk
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
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Res. 2022-60 Page 4
EXHIBIT-A
PROPERTY ADDRESS: 1057 Esther Lane, Mendota Heights, Minnesota 55118
PID No. 27-42100-05-011
LEGAL DESCRIPTION:
(Torrens Property / Certificate No. 176634 / Certificate Date 09/26/2019 )
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
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PLANNING STAFF REPORT
MEETING DATE:July 26, 2022
TO:Planning Commission
FROM:Tim Benetti, Community Development Director
SUBJECT:Planning Case 2022-13
VARIANCE
APPLICANT:Tim & Megan Altier
PROPERTY ADDRESS:1057 Esther Lane
ZONING/GUIDED:R-1 One Family Residential/LR Low Density Residential
ACTION DEADLINE:August 3, 2022 (60-Day Review Period)
INTRODUCTION
Tim & Megan Altier, owners of 1057 Esther Lane, are requesting consideration of a variance to encroach
approximately 3.3-ft. into the 10-ft. side yard setback, in order to provide an expanded attached garage
addition to the existing single-family dwelling.
A public hearing notice for this item was published in the local newspaper and notice letters were mailed
to all surrounding properties within 350-feet of the subject property. The Applicants received one email
letter of support from a neighboring resident, and signatures of consent/support from two neighboring
owners, including the neighbor to the north who is immediately adjacent to the proposed addition.
BACKGROUND / SITE DESCRIPTION
The subject property is located in the Kirchner
Addition, which is one of the historically older
R-1 One Family Residential zoned
neighborhoods in the community, and is
generally identified as one of the few “North
End” neighborhoods. This neighborhood is
comprised of smaller, single-family residential
lots and properties that were originally platted
in 1944. There are a number of properties that
do not conform to many of the minimum
setback or lot-size standards under the R-1
district.
The neighborhood features a number of homes
that were originally built with single-car
attached or smaller two-car garages. The
subject property is an irregular shaped parcel,
located along a slight curved segment of
Esther Lane. The property consists of 16,816-
sf. (0.39 acres) of land area; and contains a
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Planning Report-Case #2022-13 (Altier) Page 2
small 1,486-sf. one-story, flat-roofed dwelling structure built in 1956, with a small (374-sf.) single car
attached garage and narrow over-head garage door opening (see image - below).
View of Dwelling - 1057 Esther Lane
According to the Applicant’s survey, the existing dwelling sits approx. 27-feet from the front line, and each
northerly corner of the garage measures 14.9-ft. and 12.6-ft. respectively from the north lot line. The
property contains a fairly wide driveway of 34.5-ft. in width, which runs parallel along the north property
line and a short concrete block retaining wall, and eventually extends around the north side of the garage
as an added outdoor parking space. The owners do not intend to make any changes to this driveway.
The Altier’s are requesting to provide a small expansion (4’-7”) along the north side of the existing garage,
which would extend slightly beyond the back of the garage, wraps around the back of the garage, and ties
back into the main dwelling. The addition provides a wider, two-car garage door, a direct access into the
home, and adds approx. 302-sf. of added garage space, or 676-sf. of total garage area (see image – below).
The expanded garage would result in adjusted setbacks from 14.9’ down to 10.2’, and from 12.6’ down to
6.7’ at the respective corners to the north lot line (image – below). Although the new NE corner meets the
10-foot setback, the newer NW back corner encroaches approximately 3.3-ft. into the 10-ft. side yard
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Planning Report-Case #2022-13 (Altier) Page 3
setback, which necessitates approval of this variance. The applicant has provided a narrative explaining
their reasons for making this request.
ANALYSIS
City Code Section 12-1L-5 governs variance requests. The city must consider a number of variables when
recommending or deciding on a variance, which generally fall into two categories: (i) practical difficulties;
and (ii) impact to the community.
The “practical difficulties” test contains three parts: (i) the property owner proposes to use the property in
a reasonable manner not otherwise permitted by the zoning ordinance; (ii) the plight of the property owner
is due to circumstances unique to the property, not created by the property owner; and (iii) the variance, if
granted, will not alter the essential character of the locality or neighborhood. It is also noted that economic
considerations alone do not constitute practical difficulties. In addition, variances are only to be permitted
when they are in harmony with the general purposes and intent of the zoning ordinance and consistent with
the comprehensive plan.
Section 12-1L-5(E)(1) further provides other issues the city may consider when granting or denying a
variance, noted as follows:
x Effect of variance upon health, safety, and welfare of the community.
x Existing and anticipated traffic conditions.
x Effect on light and air, as well as the danger of fire and the risk to public safety.
x Effect on the value of properties in the surrounding area, and upon the Comprehensive Plan.
x Granting of the variance is not a convenience to the applicant, but necessary to alleviate undue
hardship or difficulty.
When considering a variance request, the Planning Commission must determine if these standards have
been met in granting a variance, and provide findings-of-fact to support such a recommendation to the City
Council. If the Planning Commission determines the Applicant has failed to meet these standards, or has
not fully demonstrated a reasonableness in the granting of such variance, then findings-of-fact supporting
a recommendation of denial must be determined.
As part of any variance request, Applicants are required to prepare and submit their own responses and
findings, which for this case, are noted below (in italic text), followed by a brief staff response:
1. Are there any practical difficulties that help support the granting of this variance? (“practical
difficulties” means the owner proposes to use the property in a reasonable manner not permitted
by City Code)
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Applicant’s Response: YES - The lot has an unusual shape that prohibits building a two car attached
garage structure elsewhere. The lot line on the north side of the property is not parallel to the existing
building. The current one car garage could be expanded on the east side of the property (front of the
home) without encroaching on the 10’ standard setback requirement. However, the rear of the
proposed structure does require a roughly 4' variance because the property line is not square to the
building. Had the original building been constructed 4' south of its current placement on the lot, a
variance would not be required for the garage expansion. The proposed structure is well under the
1200 sq. ft. ordinance limits.
The existing one car garage has never been accessible from the interior of the home. During an
extensive remodel in 2019, an access door was added to the back of the home (west) in anticipation
of a garage expansion. During an appraisal of the property after the remodel, the home owners were
advised that a two car attached garage accessible from the interior of the home adds significant value
to the property. The home owners considered a two car tandem garage to avoid encroachment into
the required setback, but this plan leaves us with vehicle mobility challenges and storage challenges
that make use of a tandem structure unreasonable for use.
In the planning commission notes from the meeting dated 2/27/2018, Commissioner Noonan,
supported by Commissioner Magnuson, commented that an "awkwardly aligned lot line, topography,
unusual site conditions, etc." in the past had fairly easily met the definition of practical difficulty.
Staff’s Response:The subject property as it exists today, with a typical single family dwelling and
attached garage can easily be determined as being used in a “reasonable manner” and permitted use by
City Code. The city must now give careful consideration of whether or not the use of the property as
altered by the variance, is reasonable or will remain reasonable after requested improvements are made.
The proposed garage expansion proposed under this plan is not excessive, both in size and scale when
compared to the existing home or the surrounding neighborhood dwellings. The owners should be
commended for wishing to limit the mass and scale of the new garage project on this unusually shaped,
lot for this neighborhood, even though they have a larger lot (16,816-sf.) than some neighboring parcels.
The Applicants request to construct the garage addition “parallel” with the existing alignment of the
home and garage, seems reasonable and practical, especially given the current layout and conditions of
the property. The encroachment along the side yard seems minimal, and enough space (6.7’) remains
to provide adequate spacing between this and the neighboring property.
The owners request to allow this expanded garage structure is consistent with many other homes and
properties throughout the community. Staff finds the overall use and enjoyment of the home and
property does not and will not change as a result of granting this variance; and the Applicant’s desire
to construct a small garage addition/connection to the rear portion of the existing house, even one that
requires this variance, can be considered a reasonable request and use of the property.
2. The plight of the property owner is due to circumstances unique to the property, not created by
the property owner.
Applicant’s Response: YES- There are a number of sites in our "north end'" neighborhood that do not
conform to many of the standard R-1 setback requirements. Down the street from the subject, a
variance for a garage expansion and attachment to the dwelling was granted in 2020 for the property
located at 554 Junction Lane, with similar practical difficulties with the uniqueness of the lot shape.
The subject lot was platted prior to the current Mendota Heights zoning requirements (1956), which
has resulted in a neighborhood filled with pie-shaped and unusual shaped lots and many structures in
the neighborhood that do not conform to the current
zoning requirements.
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The dwelling immediately north of the subject (1055 Esther Ln) is non-compliant to the current 10-ft.
side setback requirements. Therefore, the proposed garage/addition poses no threat or any effect on
light and air, as well as the danger of fire and the risk to public safety. This can be viewed in harmony
with the general purpose of the zoning ordinance and consistent with the current and proposed land
use plans for the community
Staff’s Response:Staff finds that there may be some unique circumstances to this property,
particularly with the slight misalignment or layout of the original dwelling to the north boundary line.
It is partially for this reason the subject dwelling has two different setback measurements of 14.9-ft.
and 12.6-ft. from this north line. The home also has a 25-ft. setback from the opposite (south) side
yard. If this home had been centered on the lot or moved closer to the south line, this variance would
not have been needed or may have permitted a larger expansion to the garage and or home.
Any reasonable addition to the existing one-car attached garage would have presented some challenges
or difficulties to any owner (past, present and future), without the need of a variance to accomplish such
improvement. Even if the owners chose to expand straight back from the existing garage, this addition
would have been hampered or limited by the angled north line as well. These difficulties in effect
creates some limitations and constraints to the owner, which were not created by others – and not the
current owners.
Homes with reduced setbacks along the front and side yards is a recognized and shared trait among
many properties in this “North End” and some neighboring properties. Even though staff has
acknowledged that other non-conforming lots or properties where variances may have been granted do
not add precedent value to a new variance request (i.e. variances should stand on their own merits and
be determined individually), it remains reasonable and acceptable for the city to give some favorable
weight to such physical circumstances, such as a uniquely shaped lot or existing (reduced) setbacks that
remain or impact the subject property and/or structures.
3. If the variance was granted, would it alter the essential character of the neighborhood.
Applicant’s Response: NO - The house was built in 1956 and has a unique mid-century modern
architecture with a "flat" roofline. The only way to maintain the character of this building in this
neighborhood, while modernizing to a two car attached garage is to expand on the north side of the
building where the existing one car garage is located. Further, the plans are to match the exterior of
the garage to the current dwelling by using stucco and wood.
The guiding principles in the comprehensive plan provide for maintaining, preserving, and enhancing
existing single-family neighborhoods. The requested variance would preserve the residential character
of the neighborhood and would provide a substantial investment into a property to enhance its overall
use and enjoyment by the owner..
Staff’s Response:Based on general aerial mapping review and interpretation of this neighborhood
and other properties in the vicinity, it appears a number of both attached and detached garages may not
meet some of the current setback standards under the R-1 District.
The neighborhood is all but residential in character. The new garage addition represents a considerable
investment by the Applicant to bring the existing 1950’s style and designed dwelling into a nicer, more
up-to-date home for the owner and provide additional vehicle and personal equipment storage.
Staff believes the Applicant hasdemonstrated through their architectural/construction design plans, that
the new garage addition and features will be made to match the existing home, will not look out of
place, or detract from the overall design and feel of the existing dwelling, the neighboring properties or
overall neighborhood. Staff further believes the essential character of the neighborhood would not be
altered by granting this variance.
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Planning Report-Case #2022-13 (Altier) Page 6
4. Restrictions on Granting Variances.
The following restrictions should be considered when reviewing a variance:
a) Economic considerations alone do not constitute practical difficulties.
When weighing the economic factor(s) of a variance application, taking economic considerations
into account alone should not be the reason for either denying – or even approving a variance. In
this particular case, the property owner is simply requesting to provide a small addition and
improvements to their home. This new addition/garage requires a small encroachment, and does
not impact the neighboring properties.
Although one can conclude this new attached garage addition will provide some economic value
and benefit to the owner by increasing their property value or marketability (future sale), the
Applicant has demonstrated other practical difficulties in this case, and some reasonable
explanations for requesting this variance. It is not clear how economic considerations alone may
affect the outcome of this variance request, as they do not appear to be the sole reason for rejecting
this variance.
b) Variances are only to be permitted when they are in harmony with the general purposes and
intent of the zoning ordinance and consistent with the comprehensive plan.
Staff finds that the request is in harmony with the purposes and intent of the R-1 One Family
Residence district, as this proposed addition with attached garage are all consistent and allowed as
a permitted use in the underlying zoning. The city is not allowed to permit a variance on any use
not allowed in the district where the property is located (i.e. “use variance”); and this variance is
not requesting such use. The R-1 districts are most predominant throughout the community, and
this district is intended to maintain the character of even older neighborhoods, like the North End
in the community.
The subject property is designated as LR-Low Density Residential in the current 2040 Plan. Certain
land use goals and policies are noted below:
x Land Use Goal #2:Preserve, protect, and enrich the mature, fully developed residential
neighborhoods and character of the community.
o Land Use Policy #2: The city will emphasize quality design, innovative solutions, and
general focus on aesthetics throughout the community, including within existing
developments and buildings.
o Land Use Policy #6: A mechanism will be developed to allow for the maintenance and
reinvestment in identified non-conforming properties
x Housing Goal #1:Preserve and improve existing neighborhoods and housing units.
o Housing Policy #1: Continue to enforce housing maintenance and zoning codes.
o Housing Policy #2: Explore options for flexibility in Zoning Code standards and encourage
reinvestment in existing houses
o Housing Policy #3. Provide for housing development that maintains the attractiveness and
distinct neighborhood characteristics in the community.
o Housing Policy #4. Support the maintenance and rehabilitation of the community’s existing
housing stock.
Other guiding principles in the comprehensive plan provide for maintaining, preserving, and enhancing
existing single-family neighborhoods. The requested variance would preserve the residential character
of the neighborhood, and would provide a substantial investment into a property to enhance its overall
use and enjoyment by the owner.
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Planning Report-Case #2022-13 (Altier) Page 7
The proposed garage addition creates no additional impacts or poses any threats on light and air, as
well as the danger of fire and the risk to public safety. This addition and request for variance can be
viewed or considered in harmony with the general purpose of the zoning ordinance and consistent with
the current and proposed land use plans for the community.
ALTERNATIVES
1. Recommend approval of the variance request to 1057 Esther Lane, based on the following
findings-of-fact that support the granting of the variance requested herein, and noted as follows:
A.Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict
application of the provisions of the Code in cases where there are “practical difficulties” in carrying
out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part
test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted
by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not
created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of
the neighborhood. Economic considerations alone do not constitute “practical difficulties.”
B.The Applicant has met the burden of demonstrating the requisite “practical difficulties” in order to
justify the granting of the variance for a reduced setback by the following:
i.) the proposed matching and small-scale addition to the attached garage and the existing home
is consistent with other homes and properties throughout the surrounding neighborhood, and
the overall use and enjoyment of the home and property does not change even with the
allowance of the variance, and therefore the requested variance is considered a reasonable
request;
ii.) the subject property was originally platted in 1944, creating a uniquely shaped style lot,
which was later developed in 1956; and due to the original alignment and layout of the
dwelling structure on the subject lot with varying setbacks, this design created some unique
circumstances, difficulties or impediments for the Owners to add a reasonable addition,
especially along this north side of the home, except by means of a variance.
iii.) approving the Variance does not change the essential character of the neighborhood, as the
neighboringproperties and residential neighborhoodarea will not be affected by the approval
of this variance; and
iv.) this new addition and request for variance is considered in harmony with the general purpose
of the zoning ordinance and consistent with the current and proposed land use and housing
goals and policies as contained in the 2040 Comprehensive Plan for the community.
C.The City has considered the factors required by Title 12-1L-5E1 of the City Code, including but
not limited to the effect of the variance upon the health, safety, and welfare of the community,
existing and anticipated traffic conditions, the effect of the variance on the danger of fire and the
risk to public safety, and upon the value of properties in the surrounding area, and upon the
Comprehensive Plan, and has determined this variance will not affect or pose any negative impacts
upon the neighborhood or the community in general.
D.Approval of this variance is for 1057 Esther Lane only, and does not apply or give precedential
value to any other properties throughout the city. All applicants for a variance must apply for and
provide a project narrative to the city to justify a variance; and all variance requests must be
reviewed independently by city staff and legal counsel under the requirements of the City Code.
E.The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2022-
13, dated and presented July 26, 2022 (on file with the City of Mendota Heights), is hereby fully
incorporated into Resolution No. 2022-____. (final number to be assigned later)
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Planning Report-Case #2022-13 (Altier) Page 8
F.The City has the authority to place reasonable conditions upon the property subject to his variance
request. Conditions must be directly related to and roughly proportional to the impact created by
the variance, and are noted as follows:
i.)The proposed encroachment for the addition shall not extend further than 3.3 feet into the
required 10-foot side-yard setback, as illustrated on the survey and site plan included in the
application submittal (Planning Case File No. 2022-13).
ii.)The new garage addition, including the roofline, will match the overall architecture and
design of the existing residential dwelling.
iii.)Full erosion and sedimentation measures will be put in place prior to and during grading and
construction work activities.
iv.)All grading and construction activity will be in compliance with applicable federal, state, and
local regulations and codes, as well as in compliance with the City’s Land Disturbance
Guidance Document.
v.)Approval of the variance is contingent upon City Council approval of the application and
corresponding site plan. If the variance is approved by the City Council, the Applicant shall
obtain a building permit for construction of the proposed addition within one-year from said
approval date.
2. Recommend denial of the variance request, based on the findings of fact that confirm the
Applicant failed to meet the burden(s) of proof or standards in granting of the variance requested
herein, noted as follows:
A. Under Title 12-1L-5A of the City Code, the Council may only grant variances from the strict
application of the provisions of the Code in cases where there are “practical difficulties” in carrying
out the strict letter of the regulations of the Code. “Practical difficulties” consists of a three-part
test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted
by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not
created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of
the neighborhood. Economic considerations alone do not constitute “practical difficulties.”
B. The Applicant has not met the burden of demonstrating the requisite “practical difficulties” in order
to justify the granting of a variance for reduced setback. The proposed garage addition is not
essential to the overall enjoyment and continued use of the property; and the fact the addition
requires a variance to normal setback standards does not provide any special or unique
circumstances in this case, and therefore this new garage addition is not considered or represents a
reasonable use of the property, especially if the owner were to reduce the garage addition,or expand
towards the back of the garage, thereby eliminating the need for the variance.
C. Because the City finds that the first prong of the three-part test (reasonable use of the property) is
not met by the Applicant, the City need not consider the remaining two prongs of the test (unique
circumstances of the property and essential character of the neighborhood).
3. Table the request and direct staff to extend the application review period an additional 60 days,
in compliance with MN STAT. 15.99.
STAFF RECOMMENDATION
Staff recommends the Planning Commission give careful consideration to Alternative No. 1, approval of
the variance to 1057 Esther Lane and to Tim & Megan Altier, based on the findings-of-fact supporting this
variance application request, and the conditions noted herein.
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SITE PHOTOS – 1057 ESTHER LANE
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576
530
584
1111
568
1105
592
571
521
575
560
1063
1057
569
600
1060
574
524
557
1116
1099
1117
1070
1119
1056
540 536
539 525543535
573
1057
1100
560
564
548
1021
1112
1051
554
555
1035
548
1076
1050
1068
13
1054
1062
1055
1038
546
10641061
10411054
547
1129
1035
1027
1044
1123
577
1040
1052
1050
1060
1131
531
1133
1015580 568 562 558 554 550 546
1135
537 523543
1022
1016
1067
1061
1119
587
604 506
1101
1055
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CHIPPEWA AVEVIEW LNDODD RDJUNCTION LN
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NORMA LNThis imagery is copyrighted and licensed by Nearmap US Inc, which retains
ownership of the imagery. It is being provided by Dakota County under the
terms of that license. Under that license, Dakota County is allowed to
provide access to the “Offline Copy Add-On for Government”, on which this
image services is based, at 6-inch resolution, six months after the capture
date, provided the user acknowledges that the imagery will be used in their
normal course of business and must not be resold or distributed for the
City of
Mendota
Heights0150
SCALE IN FEETDate: 7/21/2022
1057 ESTHER LANE (ALTIER)
GENERAL LOCATION MAP
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This imagery is copyrighted and licensed by Nearmap US Inc, which retains
ownership of the imagery. It is being provided by Dakota County under the
terms of that license. Under that license, Dakota County is allowed to
provide access to the “Offline Copy Add-On for Government”, on which this
image services is based, at 6-inch resolution, six months after the capture
date, provided the user acknowledges that the imagery will be used in their
normal course of business and must not be resold or distributed for the
City of
Mendota
Heights040
SCALE IN FEETDate: 7/21/2022
1057 ESTHER LANE (ALTIER)
SITE MAP
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 6 of 11
B) PLANNING CASE 2022-13
TIM AND MEGAN ALTIER, 1057 ESTHER LANE – VARIANCE
Community Development Director Tim Benetti explained that Tim and Megan Altier, owners of
1057 Esther Lane, are requesting consideration of a variance to encroach approximately 3.3 feet
into the 10-foot side yard setback in order to provide an expanded attached garage addition to the
existing single-family dwelling.
Hearing notices were published and mailed to all properties within 350-ft. of the site. The
applicants received one email letter of support from a neighboring resident, and signatures of
consent/support from two neighboring owners, including the neighbor to the north who is
immediately adjacent to the proposed addition. He also provided a comment received in
opposition from a resident but was unsure of the address of that resident.
Community Development Director Tim Benetti provided a planning staff report and a presentation
on this planning item to the Commission (which is available for viewing through the City’s
website).
Staff recommended approval of this application based on the findings and with conditions.
Commissioner Petschel asked if this is a nonconforming property.
Community Development Director Tim Benetti replied that it is because it does not meet the front
setback.
Commissioner Corbett asked if this would be a tandem garage or side by side.
Community Development Director Tim Benetti clarified that it would be a side-by-side garage.
Commissioner Johnson asked how the drainage on that side of the house runs as the neighboring
property is lower.
Community Development Director Tim Benetti commented that the drainage goes out to the street
and did not see any impacts between the yards. He noted that the block wall would also prevent
runoff to the neighboring property. He stated that the driveway will be remaining in place and if
it were repaired/replaced, it would need to come into conformance.
Commissioner Toth commented that it would seem the existing concrete and wall could be
compromised with the construction of the garage. He asked if the City would consider looking at
the whole project including the wall to ensure there are not issues with drainage.
Community Development Director Tim Benetti replied that area of concrete would be cut out for
the foundation but believes that there would be sufficient space to not impact the wall.
Page 160 of 166
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 7 of 11
Public Works Director Ryan Ruzek stated that the wall does not appear to be four feet tall, which
is the height that is considered a structure. He believed that the wall would guide the drainage
towards the east/street.
Commissioner Johnson stated that if a portion of the driveway is being cut out, would that be
considered as making a change to the driveway.
Community Development Director Tim Benetti acknowledged that the driveway is not in great
shape and anticipates that may come in under a separate permit. He stated that removal of that
section of the driveway for the foundation would not trigger the new requirements to make the
driveway compliant.
Tim and Megan Altier, applicants, introduced themselves and noted that their contractor is also
present to address any questions. Mr. Altier commented that they had the wall built in 2019 after
they purchased their home and remodeled the home. He stated that they also installed drain tile to
the street along the wall.
Mrs. Altier commented that there is a small slope to the roof that slopes to the backyard. She noted
that the gutters were redone and also go into the backyard.
Commissioner Toth asked if there would be any room to exclude the 4.7 feet on the side of the
garage and expand the garage further into the backyard.
Mr. Altier noted that within their narrative they did explain they considered a tandem style garage
but stated that would still require a variance. He stated that although the existing garage is
attached, there is no entry from inside the garage into the home. He noted that the intention is to
be able to enter the home from the garage into their mud room. He stated that they feel that this is
the minimum plan to allow two vehicles to be parked inside and walk into the home.
Acting Chair Lorberbaum asked if a zig zag would still allow entrance into the home.
Mr. Altier replied that although that could be done, it would drive costs up and he did not believe
it would look as aesthetically pleasing. He stated that they are still attempting to keep the style of
the home and area.
Commissioner Johnson referenced materials within the packet that show the proposed addition
footprint is shown in grey but then a rectangle is removed and shown in yellow as the preferred
footprint. She asked for clarity.
Dave Chapman, contractor for the applicant, provided clarification on the proposed footprint
versus the survey.
Acting Chair Lorberbaum commented that a variance would not be needed with the zigzag.
Community Development Director Tim Benetti replied that the zigzag would still require a
variance.
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 8 of 11
Commissioner Petschel stated that the only way to avoid the variance would be to use a trapezoidal
wall. He asked the width of the lot at its narrowest, noting that would appear the frontage would
be less than 100 feet. He commented that this seems to be a problem with the definition of frontage
and stated that in the area where the home is built the width of the lot is substantially less than the
normal buildable frontage which would support the variance request. He commented that it would
support the argument that it is not the fault of the current property owner that the home was built
where it was.
Acting Chair Lorberbaum asked how close the email comments in support and opposition are to
the subject property.
Public Works Director Ryan Ruzek replied that the email received in opposition was from the
resident at 574 Butler Avenue, which is not in proximity to the subject property.
Community Development Director Tim Benetti replied with the location of the resident that
provided the email of support.
Acting Chair Lorberbaum opened the public hearing.
Seeing no one coming forward wishing to speak, Acting Chair Lorberbaum asked for a motion to
close the public hearing.
COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER JOHNSON, TO
CLOSE THE PUBLIC HEARING.
AYES: 5
NAYS: 0
Community Development Director Tim Benetti commented that Commissioner Petschel is correct
that this property was developed prior to the ownership of the Altiers and therefore the
circumstance was created by others. He stated that if the home had been centered on the lot there
would be no variance needed and a three-car garage could be supported.
Commissioner Petschel stated that if the proper dimensions of the lot were required originally, the
variance would not be required either.
Commissioner Corbett commented that the practical difficulty would then be the shortage of
frontage for the lot.
COMMISSIONER PETSCHEL MOVED, SECONDED BY COMMISSIONER CORBETT, TO
RECOMMEND APPROVAL OF THE VARIANCE TO 1057 ESTHER LANE AND TO TIM
AND MEGAN ALTIER BASED ON THE FINDINGS OF FACT SUPPORTING THE
VARIANCE APPLICATION REQUEST AND THE CONDITIONS NOTED IN THE STAFF
REPORT, AND THE PRACTICAL DIFFICULTY BASED ON LOT SIZE.
Page 162 of 166
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July 26, 2022 Mendota Heights Planning Commission Meeting Page 9 of 11
FURTHER DISCUSSION: COMMISSIONER CORBETT STATED THAT HE BELIEVES
THAT THIS REQUEST IS WARRANTED BECAUSE OF THE PRACTICAL DIFFICULTY
DISCUSSION OF COMMISSIONER PETSCHEL.
COMMISSIONER TOTH STATED THAT ALTIERS PURCHASED THIS HOME IN 2019
AND THEREFORE IT IS EASY TO SAY THEY SHOULD HAVE KNOWN WHAT THEY
WERE UP AGAINST. HE STATED THAT OFTEN HOMES ARE BUILT IN THE 1960s
BEFORE REGULATIONS WERE DEVELOPED AND THEREFORE THIS MUST BE
CONSIDERED ON A CASE-BY-CASE BASIS BASED ON WHAT IS BEST FOR THE
RESIDENTS AND NEIGHBORHOOD. HE AGREED THAT THIS WOULD BE A GREAT
ADDITION TO THE HOME. HE STATED THAT PERHAPS THE OWNER WILL LOOK AT
THE DRIVEWAY IN THE FUTURE TO ENSURE THERE IS NO FUTURE PROBLEM WITH
DRAINAGE FOR THE NEIGHBORS.
COMMISSIONER JOHNSON COMMENTED THAT IN HAVING THE OTHER OPTION
AVAILABLE, SHE IS DISAPPOINTED THAT THE COMMISSION IS NOT LOOKING AT
THAT AS THE PROPOSAL. SHE STATED THAT SHE DOES AGREE WITH THE
PRACTICAL DIFFICULTIES AS DISCUSSED.
COMMISSIONER TOTH STATED THAT IF THE ADDITIONAL SPACE WERE ADDED TO
THE BACK, IT WOULD ONLY RESULT IN A 1.5 CAR GARAGE WHICH WOULD NOT
PROVIDE THE DESIRED RESULT FOR TWO VEHICLES TO BE PARKED INSIDE.
COMMISSIONER PETSCHEL REFERENCED THE POINT OF THE RESIDENTS KNOWING
WHAT THEY BOUGHT INTO, ESPECIALLY IN THE NORTHERN PORTION OF THE
COMMUNITY. HE STATED THAT WHEN THE HOMES WERE BUILT, THEY WERE
CONFORMING AND THE CITY THEN CHANGED ITS REGULATIONS, THEREFORE IT
WAS NOT A BUILDER MISTAKE BUT A SITUATION IN WHICH THE CITY CHANGED
THE RULES AFTER THE FACT.
COMMISSIONER JOHNSON NOTED THAT IS ALSO A SIGN OF THE TIMES IN
CHANGING REGULATIONS AND ARCHITECTURAL DESIRES. SHE NOTED THAT
PERHAPS A PREVIOUS OWNER OWNED BOTH LOTS WHEN THE LOT SPLIT WAS
COMPLETED IN THE PAST, THE SITUATION IS JUST UNKNOWN.
AYES: 5
NAYS: 0
Acting Chair Lorberbaum advised the City Council would consider this application at its August
3, 2022 meeting.
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From:Rachel Quick
To:Tim Benetti
Subject:1057 Esther Lane
Date:Thursday, July 14, 2022 4:50:17 PM
Mr. Benetti,
I am writing in support of the application for Tim and Meagan Altier’s variance at 1057 Esther
Ln. The Altier family has made significant improvements to their home over time and they
have contributed vastly to the environment of our neighborhood. I believe that further
improvements will only continue to enhance our community.
I look forward to seeing what more they do with their home.
Rachel Quick
554 Junction Ln, Mendota Heights, MN 55118
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