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City Council

Regular Meeting

Mendota Heights, MN · October 17, 2023

AgendaMinutes

Minutes

CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the City Council Work Session Tuesday, October 17, 2023 CALL TO ORDER Mayor Levine called the work session to order at 5:00 p.m. Councilmembers Lorberbaum, Mazzitello, and Miller were present with Paper joining discussion at 5:25 p.m. Others present include City Administrator Cheryl Jacobson, Police Chief Kelly McCarthy, Public Works Director Ryan Ruzek, Assistant City Administrator Kelly Torkelson, Park and Recreation Manager Meredith Lawrence, Finance Director Kristen Schabacker, City Clerk Christine Lusian and Xcel Energy Community Relations Manager Kirstin Sersland. UTILITY FRANCHISE FEES City Administrator Jacobson introduced Kirstin Sersland Community Relations Manager from Xcel Energy. Jacobson explained that this discussion built off of the June work session which focused on city funding tools including utility franchise fees. Jacobson presented background information and stated that the city has franchise agreements for electric and gas with Xcel Energy that were adopted in 2014. She noted that council opted not to implement the fee with the passage of the ordiances. Council discussed potential rate structures including a flat or percentage fee to achieve a budget revenue goal of $350,000. Discussion included services and programs where franchise fees could be directed to such as natural resources, street improvements, sustainability, maintenance of aging facilities and the general fund. A specific purposes has yet to be determined. Councilmembers supported establishment of franchise fees with a graduated flat fee structure to achieve a revenue goal of $500,000. Staff will provide council flat fee scenarios for consideration at a future meeting. Staff noted that the collection of fees has a 90-day implementation timeline and includes notification to the Minnesota Public Utility Commission and Xcel. Sersland will have the Xcel Energy legal counsel draft the ordinance amendments adding the fee and the fee ordinance. Xcel and City will work on the amendment while negotiating contract terms. CELLULAR COVERAGE Jacobson started the conversation by reviewing the history of the problem and theories of the cause of coverage gaps, like terrain and poor air quality. Jacobson explained that wireless services are not a city utility, but an individual private choice. Levine generally asked what the city’s role should be in improving wireless service. Ruzek explained that zoning does not allow antennas in residential neighborhoods and suggested an option of removing that restriction in code. He added that this issue was discussed in the past and the community opposed towers in residential spaces. Ruzek further explained that even if the zoning code is changed, wireless providers would have to agree to bring infrastructure and provide service. Lorberbaum agreed that the community does not support cellular towers in R1 districts and she voted against it in the past while serving as a planning commissioner. She added that when she voted against it, wireless was not an essential service like it is today. Ruzek explained that small cell is another option to fill in gaps, but there are only three in the city currently. Levine invited Chief McCarthy to comment as it relates to emergency response and public safety. McCarthy responded that coverage is not great inside the police department and when the state network is down, hotspots are operational seasonally, and devices need to be positioned creatively to acquire a signal. McCarthy suggested that users can look into landline phone service. Levine explained that there are options to solve this problem, like increasing the allowed pole height in zoning code or not requiring a variance from providers. Mazzitello added that there are appropriate places to install a tower other than near someone’s home, like open space, right of way, park perimeter, all strategic and tactical intentionally reserved for purposes like this. Miller added that he agrees with Mazzitello, and wants to keep people safe, while also requiring aesthetic specifications, oversight, and approval. Miller concluded that he wants the solution to be a win-win for Mendota Heights with the goal and priority being to improve wireless service coverage. Paper agreed and said that we need to do whatever it takes such as adding that towers look like spruce trees now. Lorberbaum was in favor of finding a solution to improve wireless service coverage. Levine added that companies can co-locate together on one taller tower. Mazzitello said another thing to consider is if the tower is high enough above the tree canopy, we might not notice the blades. Councilmembers directed staff to continue to review options for improvement. ADJOURNMENT Mayor Levine adjourned the meeting at 6:45 p.m. ATTEST: ____________________________________ Stephanie B. Levine, Mayor _______________________________ Cheryl Jacobson, City Administrator

Agenda

CITY OF MENDOTA HEIGHTS CITY COUNCIL WORK SESSION AGENDA Tuesday, October 17, 2023  5:00 p.m. CITY HALL  COUNCIL CHAMBERS  1101 Victoria Curve, Mendota Heights 1. Call to Order 2. Discussion a. Utility Franchise Fees b. Cellular Coverage 3. Adjourn Alternative formats or auxiliary aids are available to individuals with disabilities upon request. Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov. _________________________________________________City Council Work Session Memo DATE: October 17, 2023 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator Kristen Schabacker, Finance Director SUBJECT: Utility Franchise Fees BACKGROUND Minnesota Statutes 216B.36 provides that a city may impose franchise fees on gas and electric utilities for the use of public right of way by adopting an ordinance that establishes the fee terms, including structure, collection, schedule and effective dates. Utility franchise fees are common among cities in Minnesota and are another way in which local units of government can pay for specific programs or projects within the city. Once franchise fees are established, utility companies are required to collect the fee. City of Mendota Heights Utility Franchise Fees. The city’s electric and gas utility provider is Xcel Energy. The city’s Gas Franchise and Electric Franchise ordinances were adopted in 2014 and are codified in city code Title 13, Chapters 1-4 (Electric Ordinance 463 and Gas Ordinance 464, approved November 18, 2014). In 2014, the then city council had several discussions about the charging of utility franchise fees which could be used as a funding source to augment or replace the city’s property tax levy. At that time, the city council decided to delay any franchise fee implementation. Section 13-2-9 and section 13-3-9, provide the following franchise fee language: The city at the time of adopting this franchise agreement does not desire to require the company collect a franchise fee from its customers in the city. At a future date during the term of this franchise agreement, the city may require company to collect a franchise fee in accordance with applicable law. If so, the city may give company notice to amend this franchise agreement to authorize collection of a franchise fee by separate ordinance in an amount and upon such terms and conditions as company at that time is willing to incorporate in its electric franchise agreements with other cities. Upon receipt of such notice company shall negotiate in good faith with city to so amend this franchise agreement. (Ord. 463, 11-18- 2014) (Ord. 464, 11-18-2014) At a June work session, the council directed staff to research establishing franchise fees for both gas and electric utilities for fiscal year 2024. Staff has started the discussion and is working with Kirsten Sersland, SE Metro Community Relations Manager with Xcel Energy to analyze the implementation of utility franchise fees in the city. ACTION TO BE CONSIDERED At the October 17 work session, staff will provide additional information and answer questions regarding the process to implement utility franchise fees in Mendota Heights. _________________________________________________City Council Work Session Memo DATE: October 17, 2023 TO: Mayor and City Council FROM: Cheryl Jacobson, City Administrator Ryan Ruzek, Public Works Director SUBJECT: Cellular Coverage BACKGROUND One of the most common complaints the city receives is in relation to the quality of cellular phone coverage in the city. Complaints cover all well-known carriers (i.e. Verizon, ATT, T-Mobile). The city and residents have been told by carriers that the city’s terrain creates coverage issues; as well as the weather, air quality (e.g. Canadian fires had a significant impact on signal this past summer), demands on network capacity, and the city’s zoning code for placement of cell towers have been cited as reasons for poor signal. ACTION TO BE CONSIDERED At the October 17 work session, staff will provide additional information on cellular coverage in the city.

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