City Council
Regular MeetingMendota Heights, MN · October 17, 2023
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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