2022-11-15 City Council Agenda Packet - Work Session
CITY OF MENDOTA HEIGHTS
CITY COUNCIL WORK SESSION AGENDA
November 15, 2022 4:00pm
City Hall 1101 Victoria Curve, Mendota Heights
1. CALL TO ORDER
2. DISCUSSION
a. City Advisory Commissions Review b. Personnel Policy --Vacation Leave
c. Dakota Broadband Board (DBB)
d. City Council 2023 meeting schedule
3. ADJOURN
______________________________________________ City Council Work Session Memo
DATE: November 15, 2022
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
SUBJECT: City Advisory Commissions
INTRODUCTION
At its workshop on November 15, the City Council will be asked to confirm the process for
appointments to city advisory commissions; review city code title 2-Boards and Commissions,
chapters 1, 2, 4 and 5; and review Rules of Order/Bylaws for each commission.
BACKGROUND
The City’s Advisory Commissions include the Planning Commission, Parks and Recreation
Commission, Airport Relations Commission and Natural Resources Commission.
Commission Appointments:
Past practice has been to reappoint individuals to advisory commissions, unless a commission
member has termed out by serving three consecutive full terms. An exception to this practice
is related to Airport Relations Commission which has no term limits.
The following advisory commission members have expiring terms at the end of January, 2023
and can be considered for reappointment:
Commission Member Reappointment to Term #
Planning Litton Field Reappointment - 2nd term
Cindy Johnson Reappointment -1st full term
Parks and Recreation Bob Klepperich Not seeking reappointment- Opening
Amy Smith Reappointment – 2nd term
Airport Relations Gina Norling Reappointment – 5th term
Jim Neuharth Reappointment – 5th term
Kevin Byrnes Not seeking reappointment- Opening
Natural Resources Rosemary Husbands Reappointment – 2nd term
Will Stein Reappointment – 2nd term
Additionally, Patrick Cotter has resigned from the Parks and Recreation Commission effective
December 31, 2022. This will create a mid-term vacancy. The city council will need to appoint
a new member to fill the term which runs through 01/31/2024.
With the election of Sally Lorberbaum to the city council, this will create a mid-term vacancy on
the Planning Commission. The city council will need to appoint a new member to fill the term
which runs through 01/31/2024.
The following process and timeline is proposed for appointments to advisory commissions:
November 16 - November 28: Notice to members with expiring terms soliciting
interest in reappointment
December 6: City Council confirms reappointments
December 7 - December 28: Advertise and accept applications for openings
Early-mid January: Hold applicant interviews
2nd city council meeting in January: City Council confirms new appointments
City Code Title 2:
Each advisory commission is created by ordinance and codified in city code. Staff and city
council will review current city code establishing each commission.
Rules of Order/Bylaws:
Advisory Commissions operate under Rules of Order or Bylaws. Staff liaisons will work with
their respective commissions to review and update, as needed, individual commission rules/
bylaws.
The city council is asked to consider common and consistent language for Rules of
Order/Bylaws policy areas such as attendance. At the work session staff will discuss language
and provide examples.
ACTION RECOMMENDED/REQUESTED
The council should discuss and give direction to staff on the above items.
TITLE 2
BOARDS AND COMMISSIONS
CHAPTER 1
PLANNING COMMISSION
SECTION:
2-1-1: Commission Established
2-1-2: Composition; Appointment; Terms Of Office
2-1-3: Officers
2-1-4: Vacancies In Office
2-1-5: Meetings; Procedures; Records
2-1-6: Powers And Duties
2-1-7: Compensation
2-1-1: COMMISSION ESTABLISHED:
The planning commission for the city is hereby established. (1981 Code 108 § 1)
2-1-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE:
The planning commission shall consist of seven (7) residents of the city, appointed by the mayor with the consent of the
majority of the members of the city council. The members shall serve terms of three (3) years. The terms shall be staggered
so that terms of two (2) members shall expire each year. No member shall be appointed to more than three (3) consecutive
full terms. A member appointed to fill an unexpired term on the commission may be appointed to serve three (3) consecutive
terms after completing the unexpired term, but in no case shall the individual serve more than eleven (11) consecutive
years. The term limits imposed in this section apply to service on the planning commission and shall not be deemed to
restrict an individual from being appointed to a different city commission after completing three (3) or fewer consecutive
terms on the planning commission. Council may, in its discretion, appoint an individual who has already completed three (3)
terms on the commission, but in no case shall the appointment be effective until twelve (12) months after that individual has
completed his/her third term. (Ord. 428, 3-16-2010)
2-1-3: OFFICERS:
At the organizational meeting of the planning commission held in February of each year, the planning commission shall elect
a chairperson and a vice chairperson from among its members. The terms of such officers shall be for a period of one year.
(1981 Code 108 § 2; amd. 2003 Code)
2-1-4: VACANCIES IN OFFICE:
A. Causes Of Vacancy: Any of the following may cause the office of a member to become vacated:
1. Death;
2. Disability or failure to serve, as shown by failure to attend four (4) regularly scheduled meetings in any one calendar
year;
3. Removal of residence from the city;
4. Resignation in writing; or (1981 Code 108 § 6)
5. Behavior deemed inappropriate by the city council. (Ord. 428, 3-16-2010)
B. Filling Vacancies: Vacancies shall be filled as soon as possible for the unexpired portion of the term by the mayor with
the consent of the majority of the members of the city council. (1981 Code 108 § 6)
2-1-5: MEETINGS; PROCEDURES; RECORDS:
The commission shall hold at least one meeting each month at a time regularly established and approved by the city council
and shall hold such special meetings as may be necessary for the conduct of its business. The commission shall adopt rules
for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be
maintained as a public record. The commission shall submit to the city council a true and correct copy of all of its minutes,
recommendations and other reports. (1981 Code 108 § 4)
2-1-6: POWERS AND DUTIES:
The planning commission shall make studies, investigations and recommendations to the council regarding matters
affecting general matters of planning including zoning, transportation, platting, and public improvements and such other
related matters as may be assigned to it by the city council. The planning commission shall, if requested by the city council,
adopt a comprehensive municipal plan for future developments and land use, and may, with consent of the council, prepare
a capital improvements program for the purpose of determining priorities and apportioning the costs of scheduled public
improvements. The commission shall, in performing the aforementioned responsibilities, exhibit the initiative in formulating
plans which will be responsive to the anticipated needs and objectives of the city. (1981 Code 108 § 3)
2-1-7: COMPENSATION:
The members of the planning commission shall be paid a stipend for each meeting they attend. The stipend amount is set
by the city council. (Ord. 428, 3-16-2010)
CHAPTER 2
PARKS AND RECREATION COMMISSION
SECTION:
2-2-1: Commission Established
2-2-2: Composition; Appointment; Terms Of Office
2-2-3: Officers
2-2-4: Vacancies In Office
2-2-5: Meetings; Procedures; Records
2-2-6: Powers And Duties
2-2-7: Compensation
2-2-1: COMMISSION ESTABLISHED:
The parks and recreation commission for the city is hereby established. (1981 Code 109 § 1)
2-2-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE:
The parks and recreation commission shall consist of seven (7) residents of the city, appointed by the mayor with the
consent of the majority of the members of the city council. The members shall serve terms of three (3) years. The terms
shall be staggered so that terms of two (2) members shall expire each year. No member shall be appointed to more than
three (3) consecutive full terms. A member appointed to fill an unexpired term on the commission may be appointed to serve
three (3) consecutive terms after completing the unexpired term, but in no case shall the individual serve more than eleven
(11) consecutive years. The term limits imposed in this section apply to service on the parks and recreation commission and
shall not be deemed to restrict an individual from being appointed to a different city commission after completing three (3) or
fewer consecutive terms on the parks and recreation commission. Council may, in its discretion, appoint an individual who
has already completed three (3) terms on the commission, but in no case shall the appointment be effective until twelve (12)
months after that individual has completed his/her third term. (Ord. 428, 3-16-2010)
2-2-3: OFFICERS:
The February meeting shall be an organizational meeting at which the commission shall elect a chairperson and a vice
chairperson from among its members. The terms of such officers shall be for a period of one year. (1981 Code 109 § 2; amd.
2003 Code)
2-2-4: VACANCIES IN OFFICE:
A. Causes For Vacancy: Any of the following may cause the office of a member to become vacated:
1. Death;
2. Disability or failure to serve, as shown by failure to attend four (4) regularly scheduled meetings in any one calendar
year;
3. Removal of residence from the city;
4. Resignation in writing; or (1981 Code 109 § 6)
5. Behavior deemed inappropriate by the city council. (Ord. 428, 3-16-2010)
B. Filling Vacancies: Vacancies shall be filled as soon as possible for the unexpired portion of the term by the mayor with
the consent of the majority of the members of the city council. (1981 Code 109 § 6)
2-2-5: MEETINGS; PROCEDURES; RECORDS:
The commission shall hold at least one meeting each month at a time regularly established and approved by the city council
and shall hold such special meetings as may be necessary for the conduct of its business. The commission may waive a
meeting for a stated sufficient cause with prior consent of the city council based upon a request from the chairman and the
city staff. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions,
transactions and findings, which record shall be maintained as a public record. The commission shall submit to the city
council a true and correct copy of all of its minutes, recommendations and other reports. (Ord. 313, 2-18-1997)
2-2-6: POWERS AND DUTIES:
The parks and recreation commission shall:
A. Advise the city council on matters pertaining to parks and recreational development programs and shall cooperate with
city personnel in implementing the parks and recreation programs.
B. Advise the city council on the establishment of written rules and regulations for the use, management and operation of
the public parks and recreational facilities, the same to be approved by action of the council before being put into effect.
C. If requested by the city council, prepare plans for the acquisition, development and improvement of the city public
parks and recreational facilities and shall, if requested by the city council, develop a comprehensive plan for future park
development and open space.
D. If requested by the city council, prepare a capital improvements program for the purpose of determining priorities and
apportioning costs of scheduled improvements.
E. In performing the aforementioned duties and responsibilities, exhibit the initiative in formulating policies which will be
responsive to the anticipated need and objectives of the community. (1981 Code 109 § 3)
2-2-7: COMPENSATION:
The members of the parks and recreation commission shall be paid a stipend for each meeting they attend. The stipend
amount is set by the city council. (Ord. 428, 3-16-2010)
CHAPTER 4
AIRPORT RELATIONS COMMISSION
SECTION:
2-4-1: Commission Established
2-4-2: Composition; Appointment; Terms Of Office
2-4-3: Officers
2-4-4: Vacancies In Office
2-4-5: Meetings; Procedures; Records
2-4-6: Powers And Duties
2-4-7: Compensation
2-4-1: COMMISSION ESTABLISHED:
The airport relations commission for the city is hereby established. (Ord. 290, 4-20-1993)
2-4-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE:
The airport relations commission shall consist of seven (7) residents of the city, appointed by the mayor with the consent of
the majority of the members of the city council. The members shall serve terms of three (3) years. The terms shall be
staggered so that terms of at least two (2) members shall expire each year. Terms of members shall commence on February
1 and shall terminate on January 31 of the year of termination. A member whose term of office has expired shall serve until
a successor has been appointed. (Ord. 415, 2-19-2008)
2-4-3: OFFICERS:
At the organizational meeting of the airport relations commission held in February of each year, the airport relations
commission shall elect a chairperson and a vice chairperson from among its members. The terms of such officers shall be for
a period of one year. (Ord. 290, 4-20-1993)
2-4-4: VACANCIES IN OFFICE:
A. Cause Of Vacancy: Any of the following may cause the office of a member to become vacated:
1. Death.
2. Disability or failure to serve, as shown by failure to attend four (4) regularly scheduled meetings in any one calendar
year.
3. Relocation of residence from the city.
4. Resignation in writing. (Ord. 290, 4-20-1993)
5. Behavior deemed inappropriate by the city council. (Ord. 428, 3-16-2010)
B. Filling Vacancies: Vacancies shall be filled as soon as possible for the unexpired portion of the term by the mayor with
the consent of the majority of the members of the city council. (Ord. 290, 4-20-1993)
2-4-5: MEETINGS; PROCEDURES; RECORDS:
The airport relations commission shall hold at least one meeting each month at a time regularly established and approved by
the city council and shall hold such special meetings as may be necessary for the conduct of its business. The commission
shall adopt rules for the transaction of business and shall keep a record of its proceedings, which record shall be maintained
as a public record. The commission shall transmit to the city council a true and correct copy of all of its minutes,
recommendations and other reports. (Ord. 290, 4-20-1993)
2-4-6: POWERS AND DUTIES:
A. The airport relations commission shall advise the city council on matters pertaining to airport noise and operations at
Minneapolis - St. Paul International Airport.
B. The airport relations commission is expected to monitor proposed rules, procedures and programs which impact the
air noise situation within the city and to make recommendations to the city council regarding strategies to mitigate the city's
air noise exposure.
C. The airport relations commission shall have such other duties and powers as granted by the city council from time to
time. (Ord. 290, 4-20-1993)
2-4-7: COMPENSATION:
The members of the airport relations commission shall be paid a stipend for each meeting they attend. The stipend amount
is set by the city council. (Ord. 428, 3-16-2010)
CHAPTER 5
NATURAL RESOURCES COMMISSION
SECTION:
2-5-1: Commission Established
2-5-2: Composition; Appointment; Terms Of Office
2-5-3: Officers
2-5-4: Vacancies In Office
2-5-5: Meetings; Procedures; Records
2-5-6: Powers And Duties
2-5-7: Compensation
2-5-1: COMMISSION ESTABLISHED:
The Natural Resources Commission for the city is hereby established. (Ord. 572, 2-2-2022)
2-5-2: COMPOSITION; APPOINTMENT; TERMS OF OFFICE:
The Natural Resources Commission shall consist of seven (7) residents of the city, appointed by the mayor with the consent
of the majority of the members of the city council. The members shall serve terms of three (3) years. The terms shall be
staggered so that terms of two (2) members shall expire each year. No member shall be appointed to more than three (3)
consecutive full terms. A member appointed to fill an unexpired term on the commission may be appointed to serve three (3)
consecutive terms after completing the unexpired term, but in no case shall the individual serve more than eleven (11)
consecutive years. The term limits imposed in this section apply to service on the Natural Resources Commission and shall
not be deemed to restrict an individual from being appointed to a different city commission after completing three (3) or fewer
consecutive terms on the Natural Resources Commission. Council may, in its discretion, appoint an individual who has
already completed three (3) terms on the commission, but in no case shall the appointment be effective until twelve (12)
months after that individual has completed his/her third term. (Ord. 572, 2-2-2022)
2-5-3: OFFICERS:
The first meeting of each year shall be an organizational meeting at which the commission shall elect a chairperson and a
vice chairperson from among its members. The terms of such officers shall be for a period of one year. (Ord. 572, 2-2-2022)
2-5-4: VACANCIES IN OFFICE:
A. Causes For Vacancy: Any of the following may cause the office of a member to become vacated:
1. Death;
2. Disability or failure to serve, as shown by failure to attend four (4) regularly scheduled meetings in any one calendar
year;
3. Removal of residence from the city;
4. Resignation in writing; or
5. Behavior deemed inappropriate by the city council.
B. Filling Vacancies: Vacancies shall be filled as soon as possible for the unexpired portion of the term by the mayor with
the consent of the majority of the members of the city council. (Ord. 572, 2-2-2022)
2-5-5: MEETINGS; PROCEDURES; RECORDS:
The commission shall hold at least one meeting each month at a time regularly established and approved by the city council
and may add additional special meetings if necessary to conduct its business. The commission shall adopt rules for the
transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be
maintained as a public record. The commission shall submit to the city council a true and correct copy of all of its minutes,
recommendations and other reports. (Ord. 572, 2-2-2022)
2-5-6: POWERS AND DUTIES:
The Natural Resources Commission shall:
A. Advise the city council on matters pertaining to Natural Resources, sustainability, environmental and climate
stewardship, and opportunities for the advancement of those areas including recommending policies and initiatives that
enhance and preserve natural resources within Mendota Heights.
B. If requested by the City Council, will prepare and assess plans, policies, goals, and ordinances for the acquisition,
enhancement, or preservation of natural resources in the City of Mendota Heights. (Ord. 572, 2-2-2022)
2-5-7: COMPENSATION:
The members of the Natural Resources Commission shall be paid a stipend for each meeting they attend. The stipend
amount is set by the city council. (Ord. 572, 2-2-2022)
Rules of Order – Mendota Heights Parks and Recreation Commission, March 8, 2015
MENDOTA HEIGHTS PARKS AND RECREATION COMMISSION
RULES OF ORDER
In accordance with the City of Mendota Heights Ordinance No. 109, “Establishing A Parks
and Recreation Commission,” the following rules of order are adopted by the parks and
recreation commission to facilitate the performance of its duties and the exercising of its
functions as a Commission created by the city council.
SECTION 1. MEETING
1.1 – Time. Regular meetings of the commission are held on the second Tuesday
of each month at 6:30 p.m., unless otherwise agreed to and so stated in the agenda.
When the regular meeting day falls on a legal holiday, there is no meeting that month
unless otherwise noted.
1.2 - Special Meetings. Special meetings may be called by the Chairperson or
the Secretary.
1.3 – Place. Meetings are held in the City Hall Council Chambers, 1101
Victoria Curve.
1.4 – Public. All meetings and hearings, and all records and minutes are open to
the public.
1.5 – Quorum. Four parks and recreation commission members, at the beginning of
the meeting, constitute a quorum for the transaction of business.
When a quorum is not present, the Chairperson may adjourn the meeting for the
purpose of hearing interested parties on items on the agenda. No final or official
action is taken at such a meeting. However, the facts and information gathered at such
a meeting may be taken as a basis for action at a subsequent meeting at which a
quorum is present.
1.6 – Vote. Voting is by voice. Commission members voice votes on each issue are
recorded. In the event that any member shall have a financial interest in a matter
before the commission, the member shall disclose the interest and refrain from voting
upon the matter, and the secretary shall so record in the minutes that no vote was cast
by such member.
SECTION 2. ORGANIZATION
2.1 – Membership. The number of members of the Parks & Recreation Commission is
established by the City Council. Three-year appointments are made by the Mayor and
approved by the City Council.
Rules of Order – Mendota Heights Parks and Recreation Commission, March 8, 2015
2.2 – Absenteeism. A Commission member with four unexcused absences from
regular meetings is dropped from the commission and the Secretary then informs the
City Council so that another appointment is made.
An absence is excused if the member notifies the Secretary or Chairperson before 4:00
p.m. of the day of the meeting that the member will be unable to attend. Minutes of
the meetings will record whether the absent member was excused or not excused.
2.3 – Election of Officers. At the February meeting each year, the commission elects
from its membership a Chairperson and a Vice-Chairperson.
If the Chairperson retires from the commission before the next organizational
meeting, the Vice-Chairperson becomes Chairperson. If both Chairperson and Vice-
Chairperson retire, new officers are elected at the next meeting.
If both Chairperson and Vice-Chairperson are absent from a meeting, the commission
elects a temporary Chairperson by voice vote.
The Secretary to the parks and recreation commission is appointed by the city
administrator from the city staff.
2.4 – Tenure of Officers. The Chairperson and Vice-Chairperson take office
immediately following their election and hold office until their successors are elected
and assume office.
2.5 – Duties of Officers. The Chairperson, or if absent, the Vice-Chairperson presides
at meetings, appoints committees and performs other duties as may be ordered by the
commission.
The Chairperson conducts meetings so as to keep them moving as rapidly and
efficiently as possible and reminds members, witnesses and petitioners to discuss only
the subject at hand.
The Chairperson is a voting member of the commission.
The Secretary is responsible for recording the minutes, keeping records of commission
actions, conveying commission recommendations to the city council and providing
general administrative and clerical service to the commission.
SECTION 3. PUBLIC COMMENT
3.1 – Public Input on Agenda Items. The following procedure is followed when
citizens wish to provide input into a parks and recreation commission discussion.
a. Staff shall make presentation
b. The commission asks questions
c. The applicant shall make a presentation
Rules of Order – Mendota Heights Parks and Recreation Commission, March 8, 2015
d. The commission asks questions
e. The audience is allowed to speak in favor of the request
f. The audience is allowed to speak against the request
g. The applicant and/or staff responds
h. Commission members may ask questions throughout the discussion
3.2 – Public Comment. The parks and recreation commission does not hold public
hearings, but may from time to time have public comment.
SECTION 4. MISCELLANEOUS
4.1 Amendments. These Rules of Order may be amended with the approval by voice
vote by a majority (four) of the members of the parks and recreation commission.
4.1 Adoption. These Rules of Order were duly adopted by the Parks and Recreation
Commission of the City of Mendota Heights on the 13th day of April, 2010.
Rules of Order – Mendota Heights Airport Relations Commission, April 14, 2010
MENDOTA HEIGHTS AIRPORT RELATIONS COMMISSION
RULES OF ORDER
In accordance with the City of Mendota Heights Ordinance No. 290, “Establishing An Airport
Relations Commission,” the following rules of order are adopted by the Airport Relations
Commission to facilitate the performance of its duties and the exercising of its functions as a
Commission created by the City Council.
SECTION 1. MEETING
1.1 – Time. Regular meetings of the Commission are held on the second Wednesday
of each month at 7:00 P.M., unless otherwise agreed to and so stated in the agenda.
When the regular meeting day falls on a legal holiday, there is no meeting that month
unless otherwise noted.
1.2 - Special Meetings. Special meetings may be called by the Chairperson or
the Secretary.
1.3 – Place. Meetings are held in the City Hall Large Conference Room, 1101
Victoria Curve.
1.4 – Public. All meetings and hearings, and all records and minutes are open to
the public.
1.5 – Quorum. A majority of Commission members constitute a quorum for the
transaction of business.
When a quorum is not present, the Chairperson may adjourn the meeting for the
purpose of hearing interested parties on items on the agenda. No final or official
action is taken at such a meeting. However, the facts and information gathered at such
a meeting may be taken as a basis for action at a subsequent meeting at which a
quorum is present.
1.6 – Vote. Voting is by voice. Commission members voice votes on each issue are
recorded. In the event that any member shall have a financial interest in a matter
before the Commission, the member shall disclose the interest and refrain from voting
upon the matter, and the secretary shall so record in the minutes that no vote was cast
by such member.
SECTION 2. ORGANIZATION
2.1 – Membership. The number of members of the Airports Relations Commission is
established by the City Council. Appointments are made by the Mayor and approved
by the City Council.
Rules of Order – Mendota Heights Airport Relations Commission, April 14, 2010
2.2 – Absenteeism. A Commission member with three unexcused absences per year is
dropped from the Commission and the Secretary then informs the City Council so that
another appointment is made.
An absence is excused if the member notifies the Secretary or Chairperson before 4:00
P.M. of the day of the meeting that the member will be unable to attend. Minutes of
the meetings will record whether the absent member was excused or not excused.
In the event of excessive absenteeism, the commission may recommend to the Mayor
and City Council that they seek replacement of a commission member.
2.3 – Election of Officers. At the February meeting each year, the Commission elects
from its membership a Chairperson and a Vice-Chairperson.
If the Chairperson retires from the Commission before the next organizational
meeting, the Vice-Chairperson becomes Chairperson. If both Chairperson and Vice-
Chairperson retire, new officers are elected at the next meeting.
If both Chairperson and Vice-Chairperson are absent from a meeting, the Commission
elects a temporary Chairperson by voice vote.
The Secretary to the Airport Relations Commission is appointed by the City
Administrator from the City Staff.
2.4 – Tenure of Officers. The Chairperson and Vice-Chairperson take office
immediately following their election and hold office until their successors are elected
and assume office.
2.5 – Duties of Officers. The Chairperson, or if absent, the Vice-Chairperson presides
at meetings, appoints committees and performs other duties as may be ordered by the
Commission.
The Chairperson conducts meetings so as to keep them moving as rapidly and
efficiently as possible and reminds members, witnesses and petitioners to discuss only
the subject at hand.
The Chairperson is a voting member of the Commission.
The Secretary is responsible for recording the minutes, keeping records of
Commission actions, conveying Commission recommendations to the City Council
and providing general administrative and clerical service to the Commission.
SECTION 3. MISCELLANEOUS
3.1 – Public Comment. The ARC does not hold public hearings, but may from time to
time have public comment.
Rules of Order – Mendota Heights Airport Relations Commission, April 14, 2010
a. Items not previously scheduled on the agenda may be heard prior to
business section of the meeting.
3.2 – Amendments or Suspension. These By-laws may be amended or suspended with
the approval by voice vote by a majority of the members of the Commission.
3.3 – Adoption. These By-laws were duly adopted by the Airport Relations
Commission of the City of Mendota Heights on this 14th day of April, 2010.
Bylaws - Mendota Heights Natural Resources Commission, July 13, 2022
BYLAWS
OF THE
MENDOTA HEIGHTS NATURAL RESOURCES COMMISSION
ARTICLE 1. ORGIN AND PURPOSE
Section 1. Origin. The Mendota Heights Natural Resources Commission (the
“Commission”) was created pursuant to Ordinance No. 572 adding Title 2, Chapter 5 of the
Mendota Height City code on February 2, 2022.
Section 2. Purpose. The Commission is established to act as an advisory group to
the Mayor and city council and will:
a) Advise the city council on matters pertaining to Natural Resources, sustainability,
environmental and climate stewardship, and opportunities for the advancement of those
areas including recommending policies and initiatives that enhance and preserve natural
resources within Mendota Heights.
b) If requested by the city council, prepare plans for the acquisition, enhancement, or
preservation of natural resources in the City of Mendota Heights.
ARTICLE 2. MEMBERSHIP
Section 1. Number and Appointment. The Commission shall consist of seven (7)
members and up to two (2) youth members who shall be residents of the City of Mendota
Heights, appointed by the mayor with the consent of the majority of the members of the city
council. Members shall serve terms of three (3) years. The terms shall be staggered so that
terms of two (2) members shall expire each year. No member shall be appointed to more than
three (3) consecutive full terms.
Youth members shall be 14 to 18 years old at the time of selection, serve a one-year term, and
shall be eligible for reappointment if in good standing at the end of each term.
Section 2. Attendance. A Commission member with four unexcused absences
from regular meetings forfeit’s their seat on the commission. The Secretary then informs
the City Council so that another appointment is made.
Section 3. Resignation. A member may resign at any time by delivering a written
resignation to the Commission Chair and Secretary.
ARTICLE 3. OFFICERS AND DUTIES
Bylaws - Mendota Heights Natural Resources Commission, July 13, 2022
Section 1. Designation of Officers. The officers of the Commission shall be Chair, Vice
Chair and Secretary. At the annual meeting each year, the Commission shall elect from its
membership a Chair and Vice Chairperson.
Section 2. Chair. The Chair shall preside at all meeting of the Commission and shall have
the right to vote on all matters of businesses.
Section 3. Vice Chair. The Vice-Chair shall perform the duties of the Chair in the absence
or incapacity of the Chair; and in case of the resignation or death of the Chair, the Vice Chair
shall perform such duties as are imposed on the Chair until such time as the Commission shall
select a new Chair.
Section 4. Secretary. The Natural Resources Commission staff liaison will serve
as Secretary for the Commission. Either they or another staff representative will attend
all meetings of the Commission and record or cause to be recorded all votes and
minutes of the proceedings in th e official journal. The Secretary shall distribute minutes
and post adopted minutes to the City’s online repository. The Secretary along wth the
City Clerk shall be responsible for keeping official copies of all minutes, motions articles
and other business of the Commission.
Section 5. Absences and Vacancies. If the Chairperson retires from the
commission before the next organizational meeting, the Vice-Chairperson becomes
Chairperson. If both Chairperson and Vice- Chairperson retire, new officers are elected
at the next meeting.
If both Chairperson and Vice-Chairperson are absent from a meeting, the commission elects
a temporary Chairperson by voice vote.
The Secretary to the Natural Resources commission is appointed by the city administrator
from the city staff
Section 6. Tenure of Officers. The Chairperson and Vice-Chairperson take
office immediately following their election and hold office until their successors are
elected and assume office.
Section 7. Duties of Officers. The Chairperson, or if absent, the Vice-
Chairperson presides at meetings, appoints committees and performs other duties as may
be ordered by the commission.
The Chairperson conducts meetings so as to keep them moving as rapidly and efficiently
as possible and reminds members, witnesses and petitioners to discuss only the subject at
hand.
The Chairperson and Vice Chairperson are voting member of the commission.
Bylaws - Mendota Heights Natural Resources Commission, July 13, 2022
The Secretary is responsible for recording the minutes, keeping records of commission
actions, conveying commission recommendations to the city council and providing general
administrative and clerical service to the commission.
ARTICLE 3. MEETINGS OF THE COMMISSION
Section 1. Annual Meeting. The annual meeting of the Commission shall be held in
February of each year.
Section 2. Regular Meetings. Regular meetings of the Commission shall be held on
the second Wednesday of each month at 6:00 pm at City Hall, unless otherwise agree d to
and so stated in the agenda. When the regular meeting day falls on a legal holiday, there is no
meeting that month unless otherwise noted. A schedule of regular meetings will be kept on file
with the City Clerk.
Section 3. Special Meetings. Special meetings may be called by the Chair or Secretary.
The calling of special meetings shall be in accordance with the procedures established in
Minnesota Statutes, Chapter 13D.04, subd. 2.
Section 4. Quorum. Four Natural Resources Commission members shall constitute a
quorum for the purpose of conducting its business. When a quorum is not present, the
Chairperson may open the meeting for the purpose of hearing interested parties on items
on the agenda. No final or official action may be taken at such a meeting. However, the
facts and information gathered at such a meeting may be taken as a basis for action at a
subsequent meeting at which a quorum is present.
Section 5. Conducting Meetings. All Commission meeting shall be conducted using
parliamentary procedure.
Section 6. Official Record. The minutes of all meetings of the Commission, once
approved, shall constitute the official record of all actions of the Commission and the journal
required to be maintain by Minnesota Statutes, Section 13D.01
Section 7. Order of Business. At regular meetings of the Commission, the following shall
be the order of business:
a. Call to Order
b. Roll Call
c. Approval of Agenda
d. Approval of Minutes
e. Citizen Comment Period (for items not on the agenda)
f. New and Unfinished Business
g. Staff Announcements
Bylaws - Mendota Heights Natural Resources Commission, July 13, 2022
h. Commission Comments
i. Adjourn
Section 9. Manner of Voting. The voting of all questions coming before the Commission
may be by unanimous consent or by roll call, if requested by a member of the Commission.
Commission members voice votes on each issue are recorded. In the event that any
member shall have a financial interest in a matter before the commission, the member shall
disclose the interest and refrain from voting upon the matter, and the secretary shall so
record in the minutes that no vote was cast by such member.
Section 10. Public Comment. The Natural Resources Commission does not hold public
hearings, but may invite public comment.
ARTICLE 4. MISCELLANEOUS
Section 1. Amendments. These Bylaws may be amended with the approval by
voice vote by a majority (four) of the members of the Natural Resources commission.
THESE BYLAWS WERE DULY ADOPTED BY THE NATURAL RESOURCES COMMISSION OF THE
CITY OF MENDOTA HEIGHTS ON THE 13 DAY OF JULY, 2022.
______________________________________________ City Council Work Session Memo
DATE:
TO:
FROM:
SUBJECT:
November 15, 2022
Mayor, City Council and City Administrator
Kristen Schabacker, Finance Director
Kelly Torkelson, Assistant City Administrator
Personnel Policy --Vacation Leave
INTRODUCTION
Staff is proposing a change to the city’s Personnel Code to allow for the cash out of unused
vacation leave.
BACKGROUND
The city provides employees with three types of leave--extended disability leave (sick leave),
personal leave, and vacation leave. Extended disability leave and personal leave are set accrual
rates within the personnel code and have maximum balance amounts of 640 hours and 320
hours, respectively. Vacation leave accrual is based on employee longevity with the City.
Employees may carry over a maximum of 200 vacation hours annually.
The city’s Personnel Code provides for the annual cash out of personal leave hours over the 320
hour maximum. Unlike personal leave, if employees do not use vacation leave that has accrued
over the cap each year, they forfeit those hours (i.e. use it or lose it). Staff is requesting that
Council consider making the cash out policy consistent between personal and vacation leave so
that employees can cash out either leave balance that is over the annual maximum.
Leave is a valuable benefit to employees and is an important recruitment and retention tool for
the city as an employer. First and foremost, all employees, whether non-exempt or exempt,
are encouraged to use their vacation time each year. Extending this practice to vacation leave
will support long serving staff who the city has a significant interest in retaining.
The proposed cash out would be a 1:1 cash out of unused hours over the 200-hour vacation
leave maximum. The cash out would be limited to a maximum of 40 hours and could be either
cash compensation or a contribution to an employee’s deferred compensation account. Staff is
proposing the 40-hour cash out limit as an acknowledgment of dedicated service by employees
and a continued incentive to encourage employees to use earned time off.
BUDGET IMPACT
This is not a budgeted item for 2022. This expense would be an overspend of the 2022 budget.
ACTION RECOMMENDED/REQUESTED
The council should discuss and give direction to staff on the proposed personnel policy change.
CITY OF MENDOTA HEIGHTS
PERSONNEL CODE
SECTION 10. Vacation Leave
Each full-time employee shall be entitled to vacation benefits as follows. After the first
year of continuous service the employee shall be entitled to two calendar weeks of paid
vacation leave except that those employees starting their sixth year of continuous service
with the City shall be entitled to three calendar weeks of paid vacation leave per year and
those employees starting their eleventh year of continuous service with the City shall be
eligible for one additional day of paid vacation leave per year of service with a maximum
of four weeks of paid vacation leave after fifteen years of service. Vacation benefits shall
be calculated based on employment anniversary dates.
a. Vacation leave shall be scheduled by the departments to accommodate the
work schedule of the departments provided that no full-time employees will
be denied the right to take yearly vacation equal to the number of vacation
days accrued by the employee in the previous calendar year.
b. Employees shall be encouraged to take yearly vacations and shall be
allowed to accrue a maximum of 200 hours for which they are entitled,
provided however, that no employee shall use more than 160 hours
consecutively without prior City Council approval. Each December, any
employee with an accrued balance in excess 200 hours will convert the
excess to either cash compensation or a deferred compensation
contribution. The excess to cash out will not exceed 40 hours. On
December 31 of each year any hours over 200 will be forfeited.
c. Employees separated from the City service shall be paid at their normal
salary rate for their unused vacation time up to a maximum of 200 hours.
d. Only the vacation records kept by the Finance Director shall be considered
official.
e. For the purpose of accruing vacation, employees starting employment
within a given month shall be considered to have started on the first of the
month.
f. No employee who is on vacation will be allowed to work their regular job for
the purpose of receiving double pay.
1
______________________________________________ City Council Work Session Memo
DATE: November 15, 2022
TO: Mayor, City Council and City Administrator
FROM: Kelly Torkelson, Assistant City Administrator
SUBJECT: Dakota Broadband Board Update
BACKGROUND
The City of Mendota Heights is currently a member of the Dakota Broadband Board (DBB). This
organization is made up of Dakota County as well as member cities including Mendota Heights,
West St. Paul, South St. Paul, Inver Grove Heights, Hastings, Rosemount, Apple Valley,
Burnsville, and Farmington. The DBB functions to streamline fiber management within Dakota
County.
Some of the benefits of participating in the DBB include
1. Reduced maintenance costs: Shared fiber maintenance contracts through the DBB
decrease the costs associated with management the city’s fiber system.
2. Streamlined project management: Agreements for shared use of infrastructure is
centralized with the DBB, member organizations do not need to go through the
development of additional contracts and negotiations for each new fiber project
3. Systemwide research and learning initiatives: A service wide survey targeting
businesses as well as residential that was completed in Summer of 2022 to identify
system gaps and needs throughout the County.
The DBB was originally formed when member organizations signed a Joint Powers Agreement
(JPA). However, the DBB attorney also requested that members sign an Indefeasible Right of
Use (IRU) agreement in addition to that. While some members signed the IRU, other members
did not citing disagreements on issues such as the delineation of if the system would be used
for I-Net (government use) or C-Net (commercial use). This disagreement ultimately led to the
County Board giving County Administration direction to coordinate the County leaving the DBB.
The original JPA agreement does set guidelines for how members can leave the organization,
however as the County’s fiber represents 68% of the total system, their exodus severely
undermines the effectiveness of the organization. In addition, other member cities have
expressed opposition to their membership as well. In June of 2022, the DBB voted to move
forward with the development of a dissolution plan for the DBB.
2
The executive director position turned over during this time from Carah Koch who was a full
time employee of the DBB to Jay Stassen who is working as an interim executive director.
The dissolution of the DBB remains significantly complicated. The major issues pertaining to the
dissolution include:
1. Identifying new maintenance agreements: Mendota Heights may choose to contract
directly with Logis for fiber maintenance, or there is potentially an option to join a
shared contract under Dakota County or with other member cities in order to reduce
administrative costs.
2. Define ownership and management of Lexington Avenue Fiber: Mendota Heights paid
for fiber down Lexington Avenue which was to function as a part of the County’s fiber
backbone. Ownership and management of that infrastructure needs to be defined prior
to the DBB dissolving.
3. IRU agreements: Agreements regarding city access to county fiber need to be defined
and approved by the County Board as well as by the City Council.
4. Fiber locates contract: These are currently management collectively under the DBB,
without the DBB, the city will need to figure out how to manage that service either
independently or through a shared agreement with the County or other cities
5. Grant Administration: Loosing streamlined communication and collaboration for the
pursuit of grant dollars. Staff will work to identify opportunities for shared grant
requests moving forward.
6. DBB fiber database: The DBB coordinates and manages a countywide fiber database
which tracks all the fiber in the County and is updated to reflect new projects. This is a
valuable asset to continue building as well as to have access to for potential future
projects.
Per the original JPA, in order to dissolve, the DBB needs to review and approve a dissolution
plan. The interim executive direction has been working with the Dakota County Administrators
and Managers as well as the DBB Technical Advisory Committee to develop a proposed
dissolution plan. The dissolution plan is a critical step in the dissolution process as Mendota
Heights has an equal vote as all other members for the approval of the dissolution plan,
whereas after the plan is approved, three members can vote to dissolve the DBB per weighted
voting. After the dissolution plan is approved, Mendota Heights holds .9% of a vote if the
question is called for dissolution.
The DBB members remain divided on timelines as well as processes necessary prior to the
dissolution vote. There are some voices who are interested in dissolving the DBB immediately
while others want more details on post DBB operations to be defined first. On November 9, the
DBB tabled a premature dissolution plan until details could be further defined. Staff anticipate
further DBB action on a dissolution plan to occur in Spring of 2023.
The City is working to ensuring that prior to the dissolution of the DBB that all necessary
agreements and contracts are set up to ensure continuous operation of the city’s fiber system.
In addition, that the city is clear about the financial costs and administrative needs for post DBB
fiber management.
______________________________________________ City Council Work Session Memo
DATE: November 15, 2022
TO: Mayor and City Council
FROM: Cheryl Jacobson, City Administrator
Christine Lusian, City Clerk
SUBJECT: 2023 City Council Meeting Dates
INTRODUCTION
City code provides that meetings of the city council shall be held on the first and third Tuesdays
of each month. If conflicts such as holidays occur on a regular city council meeting day, the
council may reschedule a meeting to a different day.
BACKGROUND
The proposed 2023 regular city council meeting dates are reflected on the attached calendar.
Dates highlighted in purple are proposed city council meeting dates and dates highlighted in
red are holidays or other events when meetings can not be held.
Staff have identified the following meeting dates when it may be necessary and/or beneficial to
move city council meeting dates:
January 3
January 17
July 4—Independence Day --moved to July 5
August 1—Night to Unite--moved to August 2
November 7—Election Day--moved to November 8
ACTION RECOMMENDED/REQUESTED
The council should review the proposed meeting dates and note any known conflicts in
schedules. The official city council meeting schedule will be approved at the December 6 city
council meeting.
2023
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