2016-05-03 Council PacketCITY OF MENDOTA
HEIGHTS CITY COUNCIL
AGENDA
May 3, 2016 – 7:00 pm
Mendota Heights City Hall
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Adopt Agenda
5. Consent Agenda
a. Approve April 19, 2016 City Council Minutes
b. Approve April 19, 2016 Council Workshop Minutes
c. Acknowledge April 26, 2016 Planning Commission Minutes
d. Approve Resolution 2016-34 Accepting Gift Of $100.00 from Erna G. Dawson
e. Approve Resolution 2016-35 Authorizing Participation In a Joint Powers Agreement
“Dakota County Domestic Preparedness Committee”
f. Approve of Personnel Action Item
g. Approve of Personnel Code Amendment
h. Approve Resolution 2016-37 Critical Area Permit at 1081 Douglas Road, Planning
Case 2016-18
i. Approve the renewal of Joint Powers Agreement with Dakota County for Administrative
Services for the Municipal SSTS Pump Maintenance Program
j. Approve Joint Powers Agreement with Dakota County for SHIP Grant Funding and
Professional Services Agreement with Stantec Consulting Services, Inc. for Dodd
Road Corridor Study
k. Approve Engineering Infrastructure Review Contract
l. Approve of Claims List
m. Approve March 2016 Fire Synopsis Report
6. Public Comments
7. Presentations - None
8. Public Hearing
a. Required Annual Meeting for NPDES Phase II Storm Water Permit for Municipal
Separate Storm Sewer System (MS4)
9. New and Unfinished Business
th
a. Resolution 2016-36 Evergreen Knolls 4 Addition Preliminary/Final Plat and Easement
Vacations, Planning Case 2016-08
b. Ordinance 494 Amending Title 12, Chapter 4 of the City Code Relating to Aircraft
Noise Attenuation
c. Approve Resolution 2016-38 Accept Bids and Award Contract for the Mendota Road
Neighborhood Improvements (Project# 201507)
d. Set Date and Time for Special Meeting
10. Community Announcements
11. Council Comments
12. Adjourn
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 19, 2016
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, Minnesota was held at 7:00 p.m. at City Hall, 1101 Victoria Curve, Mendota Heights,
Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Povolny, Petschel, and Norton. Absent: Councilmember Duggan.
PLEDGE OF ALLEGIANCE
Council, the audience, and staff recited the Pledge of Allegiance.
AGENDA ADOPTION
Mayor Krebsbach presented the agenda for adoption. Councilmember Petschel moved for the adoption
of the agenda.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
CONSENT CALENDAR
Mayor Krebsbach presented the consent calendar and explained the procedure for discussion and
approval. Councilmember Povolny moved approval of the consent calendar as presented and
authorization for execution of any necessary documents contained therein, pulling items h.) Approval of
an Access Easement Granted to the Board of Water Commissioners for the City of Saint Paul for Access
to the Water Tower.
a. Approval of April 5, 2016 City Council Minutes
b. Approval of April 5, 2016 City Council Closed Session Minutes -Internal Affairs Investigation
c. Approval of April 5, 2016 City Council Closed Session Minutes -Administrator Review
d. Approval of 2016 Workers' Compensation Renewal
e. Approve Temporary Liquor License for Beth Jacobs Congregation for May 22, 2016
f. Approve Massage Therapist License for Mariah Bowen at Green Lotus Yoga -Healing Center
g. Adopt Ordinance No. 495 Amending Title 10, Chapters 2 & 5 Concerning Water Utility
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h. Approval of Access Easement Granted to the Board of Water Commissioners for the City of Saint
Paul for Access to the Water Tower
i. Accept Firefighter Retirement
j. Approve Firefighter Probationary Period
k. Approve Resolution 2016-33, Formally Accepting a Gift Of Quilts
l. Approve Funds and Remediation Work for City Hall Lower Level Water/Mold Issues
m. Approval of Claims List
n. Approval of Treasurer's Report
o. Approval of Building Activity Report
p. Acknowledgement of March 8, 2016 Park and Recreation Minutes
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
PULLED CONSENT AGENDA ITEM
H) APPROVAL OF ACCESS EASEMENT GRANTED TO THE BOARD OF WATER
COMMISSIONERS FOR THE CITY OF SAINT PAUL FOR ACCESS TO THE WATER TOWER
City Engineer John Mazzitello explained that this item is to grant an easement to the Board of Water
Commissioners for the City of St. Paul, aka St. Paul Regional Water Services. With the approval of the
omnibus agreement last October, staff is in the process of deeding the water storage and distribution
system for the City of Mendota Heights over to St. Paul Regional Water Services, who supplies the
City’s drinking water. Because they will ultimately own the water tower, and it is located on city
property, the City needs to grant an easement to St. Paul Regional Water Services, for access to the
water tower. This easement agreement does not include any of the City’s public works storage nor the
public works facility. It only includes the open land, the water tower, and the storage shed next to the
water tower.
Councilmember Petschel moved to approve an Access Easement Granted to the Board of Water
Commissioners for the City of Saint Paul for Access to the Water Tower.
Councilmember Norton seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
PUBLIC COMMENTS
Mr. Joe Donner, 631 Maple Park Drive, representing residents in the Ivy Hill Drive and Maple Park
Drive neighborhood, requested the City Council reconsider the code amendments made in July 2015
regarding grilling on decks or patios, City Code 7-2-11. The current code regulations apply to any
structure containing three or more dwelling units and prohibits grilling on decks or ground floor patios
within 15 feet of any unit.
page 4
This neighborhood consists of 16 buildings with a total of 84 owner-occupied single-family side-by-
side, Georgian-style townhouses. Each building contains anywhere from four to eight townhouses. The
living units are separated by a firewall that extends to the roof.
He continued by stating that the modification has affected their quality of life. They feel that their
property values have diminished because of the code amendment.
PRESENTATIONS
A) VOLUNTEER POLICE RESERVE RECOGNITION
Police Sergeant Peyton Fleming gave a brief background of the volunteer police reserve program and
the duties they perform. The following volunteers were recognized and given Presidents Volunteer
Service Awards:
Randy Pentel Presidential Gold 1,173.75 hours
Becky Pentel Presidential Silver 420.5 hours
Jim Knox Presidential Silver 254.5 hours
Jeff Parker Presidential Silver 250 hours
B) POLICE RESERVE SWEARING IN
Police Sergeant Peyton Fleming noted that Reserve Officers serve as volunteers supplementing the
Police Officers. New police reserves Mr. Jon Clayton and Mr. Dan Iverson were sworn in as
Probationary Police Reserve Officers.
PUBLIC HEARING
A) RESOLUTION 2016-26, APPROVING MUNICIPAL CONSENT FOR THE
MNDOT HIGHWAY 110 REHABILITATION PROJECT LAYOUT
— CONTINUATION OF PUBLIC HEARING FROM APRIL 5, 2016
Mayor Krebsbach reminded everyone that the public hearing was still open from the April 5, 2016
meeting.
City Engineer John Mazzitello noted that at the April 5, 2016 City Council Meeting, Ms. Molly Klein
from the State Department of Transportation provided a presentation to the Council and public
testimony was taken. Ms. Klein was asked to give her presentation again, and then public comments
were taken.
Councilmembers asked questions regarding crosswalk safety.
Mr. John Steenberg, 804 Ridge Place, has 650 feet of frontage on Highway 110, between Dodd Road
and I-35E. He provided his experience as a civil engineer and background of working with MnDOT as a
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consultant on many bridge projects. He wished to extend his support for municipal consent to allow the
landowners who will have easements on their property the ability to start negotiations.
Ms. Terry Baum of Boca Raton, FL, representing the Curley property, stated that she was very upset
with the proposed closure of the access to Dakota Drive off Highway 110. Her father was one of the
first people to develop this area. If the state closes the access, they would be land-locking their property.
They have a tenant there with plans to open a daycare for over 300 children, plus adults and caregivers.
This access is needed for the development of this property.
Ms. Terry Baum introduced her attorney to speak to the Council. Attorney John Worrell noted that from
the ownership perspective, it appears that the State is passing off its intersection problem onto the
County and the City. He stated that once the access is closed, traffic will have to access Dakota Drive
off Lexington. This will cause traffic to back up on Lexington due to the short left turn lane. They
requested that the Council take action by rejecting the project.
Mayor Krebsbach noted her objections to losing the right in, right out and losing that access at Dakota
Drive.
The Lessee of the Curley property at 1044 Dakota Drive reiterated his plans of a daycare on the
property.
Ms. Baum returned and stated that to her knowledge, since 2010, there has not been an accident along
Dakota Drive and Highway 110.
Councilmember Norton moved to close the public hearing.
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
Councilmember Norton moved to reopen the public hearing
Councilmember Povolny seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
Mr. Tom Wichelmann, owner of OneTen Cycles, 1040 Dakota Drive, provided the Council with a
police records check that he had requested. The records check confirmed that there were no accidents at
Dakota Drive and Highway 110 for the period of 2010 through 2015. City Engineer John Mazzitello
replied there are no documented vehicle accidents there, however, that does not mean that it is not a
safety hazard.
Mr. Wichelmann expressed his desire for the Council to disapprove the closing of the access to Dakota
Drive, due to the development of the daycare and the impact on his customers.
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Councilmember Norton moved to close the public hearing.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
Mayor Krebsbach moved to approve Resolution 2016-26, Disapproving Municipal Consent for the
MnDOT Highway 110 Rehabilitation Project Layout.
The motion failed for a lack of a second.
Councilmember Norton moved to approve Resolution 2016-26, Approving Municipal Consent for the
MnDOT Highway 110 Rehabilitation Project Layout.
Councilmember Povolny seconded the motion.
Ayes: 3
Nays: 1 (Krebsbach)
Absent: 1 (Duggan)
NEW AND UNFINISHED BUSINESS
A) APPROVAL OF POLLINATOR FRIENDLY WORK PLAN
Recreation Program Coordinator Sloan Wallgren explained that staff has put together a Pollinator
Friendly Work Plan with the coordination of two residents who are University of Minnesota Master
Gardeners. He provided a brief background on this initiative. Their mission is to promote pollinator-
friendly activities and practices through public engagement and education.
Educational materials have been included in the last two issues of the Heights Highlights and are also
available at City Hall. Resources will be provided on the City’s website.
Current projects include the Pilot Knob restoration project, the Victoria Road project, a rain garden at
Par 3, and the current park management policies.
The goals for 2016 will be to provide an informational booth at the June 4th Parks Celebration and
possibly a vendor there to sell native plants and pollinator-friendly materials; to showcase the Victoria
Road project at end of July or early August; and to provide educational opportunities for staff.
The goals for 2017 and beyond include incorporating pollinator-friendly practices into future projects
[Highway 110 and Highway 149]; provide new gardens at the Par 3 golf course; work on community
events [The “Buckthorn Bash”]; incorporate pollinator-friendly practices in capital projects; and that the
master gardeners will host resident workshops.
Councilmember Petschel expressed her appreciation for all of the work that has been done to make
Mendota Heights a truly pollinator-friendly city. She suggested that when the showcase of the Victoria
Road Project is going on, that someone contact Reporter Nick Ferraro from the Pioneer Press for the
writing of an article with pictures, and work with Great River Greening as a follow-up on some projects.
page 7
Mr. Sloan introduced the two University of Minnesota Master Gardeners, Ms. Sue Light and Ms. Cindy
Johnson.
Councilmember Povolny moved to receive and accept the recommended Pollinator Friendly work plan
for the City of Mendota Heights.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
B) APPROVAL OF RESOLUTION 2016-32, SUPPORTING THE RESTRUCTURING
OF THE METROPOLITAN COUNCIL
Mayor Krebsbach noted that this topic was discussed at the last meeting and she noted two
recommended language changes in the document.
City Administrator Mark McNeill recapped the discussion from the last meeting. He provided an update
by stating that there are currently two bills in legislature that also address this topic. Both bills would
appoint members for four-year staggering terms. The House bill provides for appointments to be
nominated by a thirteen member nominating committee, which would consist of representatives of
county, city governments, and the Governor’s office. It would also ask for a Blue Ribbon Study
Committee to take a look at the Metropolitan Council, and how it might be improved.
The Senate’s version is that the members would continue to be appointed by the Governor, which would
be recommended by a thirteen member nominating committee; however, the majority of the
representatives on that committee would be appointed by the Governor. It would also require an Equity
Advisory Committee to assist the Metropolitan Council in looking for ways to improve property values
and transit and for social and economic growth opportunities.
Councilmember Norton moved to adopt Resolution 2016-32, Supporting Principles for Reform of the
Metropolitan Council.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
COMMUNITY ANNOUNCEMENTS
Assistant to the City Administrator Tamara Schutta made the following announcements:
• A new Heights Highlights will be delivered to residents within the following week
• Spring Clean Up Day information is available in the Heights Highlights
• The Parks Celebration is scheduled for June 4; with the 5K starting at 9:00 am
• The Summer concert schedule is available in the Heights Highlights
page 8
COUNCIL COMMENTS
Councilmember Povolny reminded residents to get out and make use of the trails, whether by walking or
riding a bike. He reminded residents to wear something reflective and be safe.
Councilmember Petschel noted that a number of the Council and staff attended an Engineering
Workshop by Dakota County. She found it immensely interesting and validating.
Mayor Krebsbach encouraged everyone to get out and enjoy the nice weather and golf at the Par 3.
ADJOURN
Councilmember Norton moved to adjourn.
Councilmember Petschel seconded the motion.
Ayes: 4
Nays: 0
Absent: 1 (Duggan)
Mayor Krebsbach adjourned the meeting at 8:23 p.m.
____________________________________
Sandra Krebsbach
Mayor
ATTEST:
_______________________________
Lorri Smith
City Clerk
page 9
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Council Workshop
Tuesday, April 19, 2016
Pursuant to due call and notice thereof, a workshop of the Mendota Heights City Council was held at
City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
CALL TO ORDER
Mayor Krebsbach called the meeting to order at 5:35 p.m. The following members were present:
Councilmembers Petschel, Povolny, and Norton. Absent: Councilmember Duggan.
REVIEW OF POLICE STUDY
City Administrator Mark McNeill and Ron Moser of McGrath Group presented an organizational study
of the Police Department. The focus of the study was on the practices of leadership, management,
supervision, personnel, policies and procedures, staffing, and assessing the culture of the department.
Consultants found department policies and procedures to be appropriate and follow requirements of the
state of Minnesota. Equipment and technology are very good.
The two most significant concerns found were in the areas staffing, supervision, and internal culture and
climate. The consultants made 20 recommendations for improving the department. The changes
included adopting a revised organizational chart which adds an Administrative Captain and a part-time
Community Service Officer. Adopting a 12 hour shift schedule for the patrol division was also
recommended.
The Councilmembers discussed ways to implement the recommendations. The consensus of the council
was to accept the report, which would be considered at a future meeting. The Council gave staff
direction on implementation of the recommendations.
DISCUSSION OF MOLD AND WATER MITIGATION
City Administrator Mark McNeill and Assistant to the Administrator Tamara Schutta discussed with the
Council options for mitigation of the mold and water issues in the lower level of city hall. The quotes
received and the additional estimated costs were shared with the Council. Action will be taken at the
April 19 regular Council meeting.
ADJOURN
Mayor Krebsbach adjourned the meeting at 6:45 p.m.
____________________________________
Sandra Krebsbach
ATTEST: Mayor
_______________________________
page 10
Lorri Smith, City Clerk page 11
CITY OF MENDOTA HEIGHTS 1
DAKOTA COUNTY, MINNESOTA 2
3
PLANNING COMMISSON MINUTES 4
April 26, 2016 5
6
The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, April 7
26, 2016 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. 8
9
The following Commissioners were present: Chair Litton Field, Jr., Commissioners Howard 10
Roston, Michael Noonan, Mary Magnuson, Christine Costello, and Brian Petschel. Those absent: 11
Doug Hennes. Others present were City Planner Nolan Wall and Public Works Director/City 12
Engineer John Mazzitello. 13
14
Approval of Agenda 15
16
The agenda was approved as submitted. 17
18
Approval of March 22, 2016 Minutes 19
20
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON TO 21
APPROVE THE MINUTES OF MARCH 22, 2016, AS PRESENTED. 22
23
AYES: 6 24
NAYS: 0 25
ABSENT: 1 26
27
Hearings 28
29
Chair Field noted that the City had advertised Planning Case #2016-07, a Conditional Use Permit 30
at 2535 Pilot Knob Road. This application has been withdrawn. 31
32
PLANNING CASE #2016-08 33
S.D. Custom Homes 34
Evergreen Knolls 4th Addition Preliminary/Final Plat and Easement Vacation at 1663 Dodd Road 35
36
City Planner Nolan Wall presented the staff report by explaining that the applicant was seeking 37
approvals for preliminary and final plat and associated easement vacations. He then shared an 38
image of the 1.25-acre property’s location and surrounding properties. This property is zoned R-1 39
One Family Residential and guided as Low Density R esidential in the Comprehensive Plan. 40
41
The lot contains a single-family dwelling and detached garage, both of which will be demolished. 42
A wetland is also on the site, which will be filled and a wetland delineation report was submitted 43
and reviewed in December 2015. It was determined that the wetland itself was man-made in the 44
1950’s. Council has approved a no-loss application for the wetland in January 2016 due to the fact 45
page 12
that the wetland is not natural and provides no environmental benefit to the City. Therefore, the 46
applicant is not subject to the wetland permitting requirements. 47
48
Planner Wall shared photographs of the subject parcel and noted that the fence and vegetation 49
buffer located on the city-owned property to the south will remain in place. 50
51
The proposal is to divide two existing single-family lots that are part of the Evergreen Knolls 3rd 52
Addition into three lot plats, which would be called the Evergreen Knolls 4th Addition. The R-1 53
District requires a minimum lot width of 100 feet with a total lot area of 15,000 square feet; all 54
three of the new lots meet those requirements. The density of the new lots would be 2.4 units per 55
acre, which is less than the Comprehensive Plan maximum of 2.9 units per acre. 56
57
Planner Wall highlighted the proposed building pads where homes could be constructed and meet 58
the applicable code standards, drainage direction as outlined in the proposed grading plan, slopes, 59
and the proposed landscape plan. 60
61
Staff recommended approval of this application with conditions. 62
63
Commissioner Roston asked if anyone would review the location of the driveway as it pertains to 64
the traffic on Dodd Road. Planner Wall replied that it was his understanding that the current 65
driveway would be removed and new driveway access to lot three would be from Evergreen Knoll. 66
Commissioner Roston clarified that his concern is that someone turning from Dodd Road onto 67
Evergreen Knoll could potentially conflict with anyone backing out of the driveway from lot three 68
onto Evergreen Knoll. Planner Wall stated that staff has not reviewed this issue yet, but he would 69
make a note of it for review when the building permit for lot three is submitted. It depends on 70
where the house and garage would propose to be constructed. 71
72
Commissioner Magnuson asked if the City had a requirement for replacing trees that are removed; 73
Planner Wall replied in the negative. She commented that it seems excessive to remove 76 trees 74
and offer to replace three. Planner Wall noted that the tree inventory included analysis concerning 75
the size and condition of the trees. Staff looked at the property and determined that in order to 76
grade the site to create building pads, there would be significant tree removal. The existing buffer 77
on the south property boundary line would remain and is acceptable for the code requirements in 78
place. However, if the Commission wanted to create a condition that a landscape plan be submitted 79
for each of the three lots, that is something that has been done for other similar requests. 80
81
Commissioner Noonan asked why the proposed building pads are being stepped. Planner Wall 82
noted that he would defer to the applicant on their intentions. However, he had stated earlier that 83
front yard setbacks would be determined on a case-by-case basis when the building permit 84
applications are submitted. He reviewed the setbacks for the surrounding properties and believed 85
the proposed setbacks were in response to the existing conditions. 86
87
Commissioner Petschel asked if the Par 3 currently owned the fencing; Planner Wall confirmed 88
that the fence is located on city property. Secondly, he asked if there were any requirements for 89
visibility at an intersection like at Evergreen Knoll and Dodd Road. Planner Wall explained that 90
page 13
this would be reviewed as part of the building permit process as there needs to be an appropriate 91
“sight distance triangle” in terms of sight lines. 92
93
Chair Field noted that the front yard setback seems to be inconsistent with the rest of the 94
development in the area and asked if the Commission has the ability to create a condition to take 95
a position on the building pads. Planner Wall stated that, as part of the preliminary plat, the 96
applicant is only required to show that there is a buildable area that would meet setbacks. 97
98
Mr. Sean Doyle, 700 Apache Lane, of S.D. Custom Homes came forward but had no additional 99
comments to make to the presentation. Commissioners had no additional questions for the 100
applicant. 101
102
Chair Field opened the public hearing. 103
104
Planner Wall read comments received via email from the public and noted that these comments, 105
in full, would be entered into the public record: 106
1. Pamela and Robin Ehrlich, 1656 Gryc Court, had concerns about water on the corner 107
lot would cause flooding in their back yard during high volume rains and snows. 108
2. Cheryl and Sanford Bemel, 774 Evergreen Knoll, voiced her support regarding the 109
clear potential for water on the corner lot of Dodd Road and Evergreen Knoll to result 110
in flooding to backyards during high volume rains/snows. 111
112
Commissioner Noonan asked what would be done to fill the current man-made wetland and where 113
would the drainage be directed to once it is filled. 114
115
Public Works Director/City E ngineer John Mazzitello addressed the high water concerns by 116
explaining that the wetland in-question is intermittently saturated. The photos included in the 117
packet showed the area to be dry. To make the lot developable in accordance with the applicant’s 118
plans, they will have to import fill; that permit has been approved. The conceptual grading plan 119
included in the application shows the northern half of these lots to drain to Evergreen Knoll go 120
over the curb line into the gutter and drain into the city’s storm sewer system. The eastern portion 121
of lot three drains into the ditch of Dodd Road. However, the southern half of lots one and two and 122
the southwestern corner of lot three would drain into the golf course. The terrain on the golf course 123
currently has a green that is built up and the water would run around that green and continue to the 124
south towards Bachelor Avenue. Each lot is going to have a final grading plan attached to it as part 125
of the building permit and part of staff’s analysis would be to ensure that the drainage pattern does 126
not wind up flowing east towards the other neighbors. 127
128
When asked, the applicant indicated that he had no comments to add to the public record in 129
response to the issues raised. 130
131
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 132
hearing. 133
134
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 135
CLOSE THE PUBLIC HEARING. 136
page 14
AYES: 6 137
NAYS: 0 138
ABSENT: 1 139
140
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER MAGNUSON, TO 141
RECOMMEND APPROVAL OF PLANNING CASE 2016-08 PRELIMINARY/FINAL PLAT 142
AND EASEMENT VACATIONs, EVERGREEN KNOLLS 4TH ADDITION, 1663 DODD 143
ROAD, BASED ON THE FOLLOWING FINDINGS OF FACT: 144
1. The proposed plat meets the purpose and intent of the Subdivision Code. 145
2. The proposed lots meet the minimum standards in the R-1 Zoning District. 146
3. The wetland on site appears to have been man-made and the City Council has approved a 147
no loss application for the site. 148
AND WITH THE FOLLOWING CONDITIONS: 149
1. The existing single-family dwelling and detached garage are demolished prior to the Final 150
Plat being recorded by Dakota County. 151
2. Park dedication fee in the amount of $4,000, in lieu of land, is collected after City Council 152
approval and before the Final Plat is recorded by Dakota County or issuance of any 153
additional permits by the City. 154
3. Street reconstruction assessment fee in the amount of $1,091, as part of city project 2008-155
09, is collected after City Council approval and before the Final Plat is recorded by Dakota 156
County or issuance of any additional permits by the City. 157
4. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a 158
building permit. 159
5. The grading plan is revised to avoid grading in MnDOT ROW or provide evidence that 160
MnDOT approves of the grading. 161
6. The grading plan is revised to avoid grading on the city golf course property to the south. 162
7. The erosion control plan shows silt fence and bio roll on the MnDOT ROW. This needs to 163
be adjusted or provide evidence that MnDOT approves the plan. 164
8. The utility plan is revised to clarify the sewer connection for Lot 3, which is assumed to be 165
the existing connection from Dodd Road. 166
9. First floor elevation (FFE) is shown on the existing conditions sheet. 167
10. Building and grading permits are obtained from the City prior to construction. 168
11. The applicant shall submit grading and utility plans and a dimensioned site plan with 169
associated easements, subject to review and approval by the Engineering Department as 170
part of any building permit application. 171
12. All grading and construction activity as part of the proposed development will be in 172
compliance with applicable federal, state, and local regulations and codes, as well as in 173
compliance with the City’s Land Disturbance Guidance Document. 174
13. Future construction on the newly-created parcels will be compliant with all applicable City 175
Code provisions 176
177
Commissioner Magnuson made a friendly amendment as follows: 178
1. Add a condition 14, requiring the applicant to submit a landscape plan for approval by 179
the City prior to construction on the property. 180
181
page 15
Planner Wall noted that staff would appreciate additional commentary in terms of what is meant 182
by ‘additional landscaping’. He noted that the applicant referenced screening on Dodd Road, which 183
would give staff something to review against; anything in relation to the screening to the property 184
to the south would be beneficial and screening in between each individual property (i.e. reasonable 185
screening of interior lot lines and proposed structures, as well as Dodd Road) – to clarify what the 186
Commission is looking for. 187
188
He also stated that typically language requiring landscape plans would say it is approved either 189
administratively or by the City Planning and Engineering Departments; so it is clear that the city 190
approval does not mean City Council or Planning Commission or some other public review 191
process. 192
193
Planner Wall recommended that Condition 14 read “The applicant submit a landscape plan to be 194
approved by the Planning and Engineering Department that proposes additional landscaping along 195
Dodd Road and additional landscaping as deemed reasonable.” 196
197
Commissioner Roston stated his belief that this issue would resolve itself in the marketplace. 198
199
Commissioner Magnuson withdrew her Condition 14. 200
201
Commissioner Noonan accepted the withdrawal. 202
203
AYES: 6 204
NAYS: 0 205
ABSENT: 1 206
207
Chair Field advised the City Council would consider this application at its May 3, 2016 meeting. 208
209
PLANNING CASE 2016-09 210
City of Mendota Heights 211
Proposed City Code Amendments concerning Aircraft Noise Attenuation 212
213
City Planner Nolan Wall introduced the item on behalf of Public Works Director/City Engineer 214
John Mazzitello, who is the staff liaison to the Airport Relations Commission and has been 215
working on this proposed code amendment. 216
217
Engineer Mazzitello stated that the Airport Relations Commission has been discussing and 218
debating this issue for the past few months. An issue was brought to their attention about potential 219
development and/or redevelopment within the area where the airport noise contours fall. Since 220
these contours can shrink or expand based on airport traffic, the concern was that if there is 221
development and/or redevelopment happening in that area that one lot could be within the contour 222
one year and be outside of the contour the next year because of the contour movement. A request 223
was made for the Airport Relations Commission to analyze a way to establish a permanent 224
boundary for the Title 12 Chapter 4 zoning, which is noise attenuation. 225
226
page 16
Public Works Director/City Engineer Mazzitello researched other communities, including 227
Richfield, Bloomington, and Eagan to see what they do. They have an established static line that 228
requires a review of airport noise impact. It may or may not require attenuation depending on 229
where the contours fall. However, if a home were within the static boundary an applicant would 230
have to look at the noise contours for their project. 231
232
The three communities he reviewed use the MSP (Minneapolis/St. Paul Airport) zoning ordinance 233
airspace zone, a map of which was shared with the Commissioners. This is a static area around the 234
airport that they have identified as having potential for noise impact. The contours fall within that 235
boundary in one way, shape, or form year-to-year as they update their contours. 236
237
The static area boundary includes comes down through the City of Mendota, incorporates all of 238
the Augusta Shores development, all of the cul-de-sacs off of LeMay Lake Road, a portion of the 239
LeMay Shores development (they are providing attenuation in all of their units as part of their 240
developers agreement), and the undeveloped city-owned property by LeMay Lake Road and 241
Bourne Lane. 242
243
Therefore, if any property were going to develop, redevelop, or have an addition put onto it and 244
they fall within the static area, the requirement of the building permit would have the applicant 245
look at the noise contours and determine whether or not they are within or without the 60 decibel 246
contour (the threshold for attenuation). 247
248
The ordinance amendment under consideration simply adds a paragraph C to Title 12, Chapter 4, 249
Section 1, which reads: “APPLICABILITY: The provisions of this chapter shall apply to all 250
properties located within the 2004 MSP Zoning Ordinance Airspace Zoning Limit. Properties 251
located partially within the 2004 MSP Zoning Ordinance Airspace Zoning Limit shall be 252
considered completely inside the limit.” 253
254
Staff recommended approval of this ordinance. 255
256
Commissioner Petschel asked if it is the intention to amend the code every time there is a new 257
contour map. Mr. Mazzitello replied that the code adopts whatever contour map exists. 258
Commissioner Petschel recommended the amendment be changed to say ‘. . . within the most 259
current MSP Zoning Ordinance Airspace Zoning Limit”. Mr. Mazzitello agreed that this change 260
could be done; however, the 2004 MSP Zoning Ordinance Airspace Zoning Limit was developed 261
over decades of noise data and they do not anticipate that moving. 262
263
Chair Field suggested the language be changed to “ . . . the 2004 MSP Zoning Ordinance Airspace 264
Zoning Limit or its successor.” Planner Wall suggested adding a clarifier that this is what is in 265
affect right now, the most current version; this would encompass a change from the 2004 MSP 266
Zoning Ordinance Airspace Zoning Limit. 267
268
Mr. Mazzitello noted that the static area boundary should not be confused with the actual noise 269
contour. 270
271
page 17
After additional discussions, it was suggested to change the amendment to read 272
“APPLICABILITY: The provisions of this chapter shall apply to all properties located within the 273
2004 or the current MSP Zoning Ordinance Airspace Zoning Limit. Properties located partially 274
within the 2004 or the current MSP Zoning Ordinance Airspace Zoning Limit shall be considered 275
completely inside the limit.” 276
277
Staff agreed to make the language honor subsequent newly-adopted airspace zoning limits. 278
279
Chair Field opened the public hearing. 280
281
Seeing no one coming forward wishing to speak, Chair Field asked for a motion to close the public 282
hearing. 283
284
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER COSTELLO, TO 285
CLOSE THE PUBLIC HEARING. 286
287
AYES: 6 288
NAYS: 0 289
ABSENT: 1 290
291
COMMISSIONER ROSTON MOVED, SECONDED BY COMMISSIONER NOONAN, TO 292
RECOMMEND APPROVAL OF ORDINANCE NO. 494 AN ORDINANCE AMENDING 293
TITLE 12, CHAPTER 4 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, 294
MINNESOTA, DAKOTA COUNTY, CONCERNING AIRCRAFT NOISE ATTENUATION 295
BOUNDARIES WITH THE REVISED LANGUAGE TO HONOR SUBSEQUENT NEWLY-296
ADOPTED AIRSPACE ZONING LIMITS. 297
298
AYES: 6 299
NAYS: 0 300
ABSENT: 1 301
302
Verbal Review 303
304
Planner Wall gave the following verbal review: 305
306
PLANNING CASE #2016-05 307
Emily Dosh, 1140 Sibley Memorial Highway, Critical Area Permit, Conditional Use Permit, and 308
Variances 309
• Approved by the City Council as recommended by the Planning Commission 310
311
PLANNING CASE #2016-06 312
Northern States Power, d/b/a Xcel Energy, Sibley Propane Plant 313
Conditional Use Permit and Critical Area Permit 314
• Approved by the City Council as recommended by the Planning Commission 315
316
page 18
Staff Announcements 317
318
• Annual Clean-Up Day, Saturday, May 7, 8:00 A.M. – 12:00 P.M. at Mendakota Park. 319
Information available in the Heights Highlights or by calling City Hall. 320
• The City has received a Statewide Health Improvement Program Grant from Dakota 321
County for $25,000. Approved by the Dakota County Board in March 2016. Staff is waiting 322
for the contracts to be approved by Council to authorize the start of the project. The funds 323
will be used to study the Dodd Road corridor that runs north/south through the City from 324
I-494 to Delaware Avenue to identify potential off-street trail facilities. 325
• Planner Wall provided the Commission with a copy of an article found in the most recent 326
edition of the planning magazine. The article is a reminder of some of the ethical issues 327
that planning commissioners are often faced with. 328
• Public Works Director/City Engineer Mazzitello provided information on upcoming 329
construction projects: 330
o The Pilot Knob Road/I-494 interchange signals are to be replaced; scheduled to 331
begin on May 11, 2016 and anticipated to last a month 332
o Bid opening scheduled for April 27 for the 2016 Road Construction Project 333
[Mendota Road, the frontage road on the north side of Highway 110, between Oak 334
Street and Delaware Ave and the rehabilitation of Warrior Drive, High Ridge 335
Circle, and Sibley Court]. Construction is slated to begin once school is out for the 336
year. 337
338
Adjournment 339
340
COMMISSIONER NOONAN MOVED, SECONDED BY COMMISSIONER PETSCHEL, TO 341
ADJOURN THE MEETING AT 7:54 P.M. 342
343
AYES: 6 344
NAYS: 0 345
ABSENT: 1 346
page 19
DATE: May 3, 2016
TO: Mayor, Council and City Administrator
FROM: Mike Aschenbrener, Chief of Police
SUBJECT: RESOLUTION 2016-04 ACCEPTING GIFT OF $100.00 FROM
ERNA G. DAWSON
BACKGROUND
The City Auditor has advised that Minnesota State Statute 465.03 “Gifts to municipalities”
requires all donations be acknowledged by Resolution. This memo meets Minnesota State
Statutory requirements by having the City Council formally accept the gift and recognizing the
donor.
On Thursday April 24, 2016 at 0530 hour Officer Steve Hilyar responded to a call for help. The
98 year old resident was so pleased with the service provided she sent a check to be used to
purchase something at all of the officer’s discretion.
A thank you letter will be sent along with a copy of the signed resolution.
BUDGET IMPACT
There is no impact on the budget this is a non-budgeted item.
RECOMMENDATION
If Council desires to implement the recommendation, a motion will need to be passed adopting
RESOLUTION 2016-34 “FORMALLY ACCEPTING A GIFT OF $100.00 FROM ERNA G,
DAWSON.”
page 20
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2016- 34
ACCEPTING A GIFT FROM ERNA G. DAWSON
WHEREAS, the Minnesota State Statute requires a resolution to accept gifts to
municipalities; and the City has previously acknowledged gifts with a resolution as required by
law; and
WHEREAS, the City of Mendota Heights encourages and supports citizens who wish to
participate in government; and
WHEREAS, the City Council of the City of Mendota Heights have duly considered this
matter and wish to acknowledge the civic mindedness of citizens and officially recognize their
donations.
NOW THEREFORE BE IT HEREBY RESOLVED that the City Council of the City of
Mendota Heights accepts the donation of $100.00 from Erna G. Dawson to be use at the
discretion of all of the officers.
Adopted by the City Council of the City of Mendota Heights this 3rd day of May, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_________________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 21
Request for City Council Action
MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: Mike Aschenbrener, Police Chief & Emergency Manager SUBJECT: RESOLUTION 2016-35 FORMALLY AUTHORIZING
PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA)
“DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITTEE
(DCDPC)”
COMMENT:
Introduction
In August of 2003, the City of Mendota signed on as an original member of the Dakota County Domestic
Preparedness Committee JPA along with all other Dakota County cities and Dakota County. Since that
time the committee has met, planned, trained and dealt with a wide variety of emergencies in Dakota
County. In 2014 and 2015, the committee worked through the process of renewing the JPA.
Background
The committee focuses on activities that would likely exceed the capacity of a single entity of government
to respond in manner that would be safe and effective. All members work together in applying for grants
to benefit the emergency management community and citizens of Dakota County.
One of the first tasks of the DCDPC was to create a Special Operations Team (SOT), tasked with
developing the skills and resources necessary to respond to large scale incidents. The SOT is multi-
discipline, multi-agency group of individuals committed to gaining base level certifications as required by
FEMA in the following areas: hazardous materials, structural collapse, confined space rescue, rope rescue
and hazardous rescue. Mendota Heights is currently not represented on the team.
The other areas the DCDPC members work collaboratively to plan for and identify Critical Infrastructure
and Key Resources (CIKR) as well develop the Threat Hazard Inventory and Risk Assessment (THIRA).
From these planning documents the team designs emergency plan exercises which allow us to train for
real emergency responses. Finally, the DCDPC researches and purchases the equipment needed to safely
work in these specialized situations.
During the 2014-2015 review of the JPA, several changes were brought forward to improve and clarify
the document. The major changes are:
• Allow for alternate committee representatives to be appointed members
• Rename the Special Operation Team Leader to Team Manager
• Split the Secretary and Treasurer duties into two positions
page 22
• Assign the Treasurer duties to the Dakota County Emergency Preparedness Coordinator
• Allow contracting with public entities that are not parties to the agreement for Special
Operations Team members
• Require liability insurance through the League of MN Cities Insurance Trust
• Add non-stacking language to the Liability section
• Modify a members share of DPC expenses based on the decennial federal census or the five-
year mid-decennial census adjustment made by the Metropolitan Council
Dakota County is the fiscal agent for the DPC JPA and as such, it was logical to tie the Treasurer duties to
the County’s representative on the DPC. During the term of the existing JPA, the West St. Paul and
South St. Paul Fire Departments merged to form the South Metro Fire Department (SMFD) JPA.
Although the cities are members of the DPC, the JPA requires modification to allow for the employees of
the SMFD to participate in the SOT. This also allows for other non-member jurisdictions to participate in
the SOT such as Miesville Fire and Randolph/Hampton Fire Departments. The DPC also desired to
smooth adjustments to member fees by modifying the per capita allocation on a five year basis instead of
being based on ten year census data.
Discussion
The final document has been approved by all representatives’ legal staff, including the Mendota Heights
City Attorney Tom Lehmann and the legal staff at the League of Minnesota Cities.
• Amended JPA
• Resolution
Budget Impact
The City of Mendota Heights currently budgets $4,000.00 to be a member of the DCDPC and we have in
the past assigned police and/or fire personnel to serve on the SOT.
Recommendation
Staff recommends that the Mendota Heights City Council approve the renewal of the JPA.
Action Required
PASS A MOTION AUTHORIZING THE SIGNING OF RESOLUTION 2016-35 FORMALLY
AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA) “DAKOTA
COUNTY DOMESTIC PREPAREDNESS COMMITTEE (DCDPC).”
page 23
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2016-35
AUTHORIZING PARTICIPATION IN A JOINT POWERS AGREEMENT (JPA)
“DAKOTA COUNTY DOMESTIC PREPAREDNESS COMMITEE (DCDPC)”
WHEREAS, the City of Mendota Heights desires to have the ability to contact
neighboring communities for aid assistance; and
WHEREAS, the Minnesota State Statute requires a resolution to enter into a JPA; and
WHEREAS, the City recognizes the need to have all agreements accurately reflect the
work being done and membership; and
WHEREAS, the Mendota Height City Council supports efforts to be better prepared for
any potential disasters/emergencies in Dakota County; and
WHEREAS, the Minnesota Department of Public Safety, Division of Homeland Security
and Emergency Management, has provided funding from the federal government to enhance
domestic preparedness; and
WHEREAS, the planning, training, purchase of response equipment and exercises are
most efficiently and effectively implemented on a whole community basis; and
WHEREAS, the Mendota Heights City Council by Resolution 2003-57 authorized the
execution of the Joint Powers Agreement that formed Dakota County Domestic Preparedness
Agency with the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove
Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul; and
WHEREAS, the members of the Domestic Preparedness Committee have reviewed and
are proposing updates to the Domestic Preparedness Committee Joint Powers Agreement to align
the operations of the Committee with the language of the Agreement; and
WHEREAS, the major changes to the Agreement that are proposed by the members are
shown below; and
• Allows for alternate members to be appointed
• Renames the Special Operation Team Leader to Team Manager
• Splits the Secretary and Treasurer duties into two positions
• Assigns the Treasurer position to the Dakota County Emergency Preparedness
Coordinator
• Allows contracting with public entities that are not parties to the agreement for
Special Operations Team members
• Requires liability insurance through the League of MN Cities Insurance Trust
• Adds non-stacking language to the Liability section
• Adjustments to dues are modified based the decennial federal census or the five-year
mid-decennial census adjustment made by the Metropolitan Council; and
page 24
WHEREAS, the County and the Cities of Apple Valley, Burnsville, Eagan, Farmington,
Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul and West
St. Paul desire to amend and restate the Dakota County Domestic Preparedness Committee Joint
Powers Agreement.
NOW, THEREFORE, BE IT RESOLVED, That the City Council of the City of
Mendota Heights hereby authorizes the City Administrator to execute the First Amended and
Restated Joint Powers Agreement by RESOLUTION 2016-35 FORMALLY AUTHORIZIED
PARTICIPATION IN A JOINT POWERS AGREEMENT “DAKOTA COUNTY DOMESTIC
PREPAREDNESS COMMITEE (DCDPC).”
Adopted by the City Council of the City of Mendota Heights this 3rd, day of May 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_________________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 25
FIRST AMENDED AND RESTATED
JOINT POWERS AGREEMENT FOR THE DAKOTA COUNTY
DOMESTIC PREPAREDNESS COMMITTEE
This First Amended and Restated Joint Powers Agreement (“Agreement”) is by and among the
Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights,
Lakeville, Mendota Heights, Rosemount, South St. Paul and West St. Paul, municipal
corporations organized under the laws of the State of Minnesota, and the County of Dakota, a
political subdivision under the laws of the State of Minnesota. This Agreement amends,
restates and replaces the Joint Powers Agreement for Dakota County Domestic Preparedness
Committee adopted in 2003 by the same municipal corporations and the County of Dakota.
This Agreement is made pursuant to the authority conferred upon the Parties by Minn. Stat.
471.59.
1. Name. The Parties hereby establish the Dakota County Domestic Preparedness Committee.
2. Parties. The Parties to this Agreement shall consist of the following entities:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
3. Purpose. The purpose of this Agreement is to provide for the joint exercise of the Parties’
powers to plan for and to respond to the need of first responders for special response operations
caused by the occurrence of large-scale disasters or emergencies, as defined in paragraph 9.2,
within Dakota County. The joint exercise of the Parties’ powers pursuant to this Agreement is
intended to supplement and complement but not supplant the Parties’ joint and individual
powers to plan for and respond to the occurrence of other emergency or unforeseen events
occurring within Dakota County, as provided in the Parties’ respective emergency operations
plans and similar plans.
4. Governance.
4.1. Governing Board. The governing board formed pursuant to this Agreement shall be
known as the Dakota County Domestic Preparedness Committee.
page 26
4.1.1. Membership. The Committee shall be constituted as follows:
one member and one alternate member appointed by each member city;
one member appointed by the Dakota County Sheriff;
Dakota County Emergency Preparedness Coordinator ex officio;
one Dakota County city manager/administrator appointed by the Dakota County
Board of Commissioners, consistent with the recommendation of the city
managers/administrators within Dakota County;
one member appointed by the Dakota County Emergency Medical Services
Council;
the Team Manager of the Special Operations Team appointed pursuant to
paragraph 5.3;
one member appointed by the Dakota County Public Health Director;
Dakota County Attorney or designee ex officio; and
one member appointed by each entity that has entered into a contract pursuant to
paragraph 7.2.1.
The appointees of the Dakota County Public Health Director and the Dakota
County Attorney or designee and other entities under contract shall be non-
voting members of the Committee and shall not be counted for quorum
purposes.
4.1.2. Additional Member. In the event that none of the members appointed by the
cities is a fire chief or none is a police chief, the Dakota County Fire Chiefs Association
or Dakota County Police Chiefs Association, as appropriate, may appoint a member
who is a fire fighter or police officer to the Committee. Such appointment shall endure
until such time as a city Party appoints a member who is a fire chief or police chief.
Such member shall be counted for quorum purposes and shall be a voting member.
4.1.3. Documentation. Resolutions or other documentation of appointments shall be
filed with the Dakota County Emergency Preparedness Coordinator.
4.1.4. Members not Employees. Members of the Committee shall not be deemed to be
employees of the Committee and will not be compensated for serving on the
Committee.
4.2. Terms; Vacancies. Members shall serve at the pleasure of the appointing Party and may
be removed only by the appointing Party. Vacancies may be filled only by the
appointing Party. Incumbent members serve until a successor has been appointed.
page 27
4.3. Chair and Vice Chair. In January of each year the Committee shall elect a Chair and
Vice Chair from its membership for one-year terms. The Chair shall preside at all
meetings of the Committee and shall perform other duties and functions as determined
by the Committee. The Vice Chair shall preside over and act for the Committee during
the absence of the Chair.
4.4. Secretary. In January of each year the Committee shall elect a Secretary from its
membership for a one-year term.
4.5 Treasurer. The Dakota County Emergency Preparedness Coordinator shall serve as
Treasurer for the Committee. The Treasurer shall assist the Chair in overseeing the
Committee’s budget and finances.
4.6. Meetings. The Committee shall have regular meetings at such times and places as the
Committee shall determine. Special meetings may be held on reasonable notice by the
Chair or Vice Chair. The presence of a majority of the voting members of the
Committee shall constitute a quorum. No action may be taken unless a quorum is
present.
4.7 Voting. Each Committee member shall be entitled to one vote. Proxy votes are not
permitted. The Committee shall function by a majority vote of the Committee members
present.
5. Duties of the Committee.
5.1. Program. The Committee shall formulate a program to carry out its purposes. The
Committee shall carry out and implement its programs to the extent possible. The
program shall include the following:
Promote the development and awareness of response plans and enhance the planning
capabilities at all levels of government within Dakota County to prevent, respond to and
recover from Chemical, Biological, Radiological, Nuclear and Explosives (CBRNE)
threats, acts of terror, or natural and manmade disasters.
Establish a process to efficiently use funding to address identified priorities with
countywide benefits and meet all grant reporting requirements.
Promote the hardening and development of response preplans for critical public and
private sector infrastructure within the county based on risk and capability gaps.
Develop and enhance countywide capabilities to respond to the consequences of
CBRNE threats, acts of terror, or natural and manmade disasters through training and
equipment acquisition.
Demonstrate the countywide capacity and ability to respond to CBRNE events, acts of
terror, or natural and manmade disasters through drills, tabletop and functional
exercises.
page 28
Promote interoperability of emergency voice and data communications throughout
Dakota County by incorporating interoperability into plans and exercises.
Promote the public’s understanding of emergency warning and notification capabilities
within Dakota County.
Promote the development of plans and exercises to ensure the continuity of county and
local governments.
Promote the capability of Dakota County’s and the cities’ Emergency Operations
Centers (EOCs) to manage, communicate, and coordinate in the event of CBRNE
events, acts of terror, or natural and manmade disasters.
5.2. Special Operations Team.
5.2.1 Establishment. The Committee shall establish a Special Operations Team
(SOT) with the capability of providing specialized response operations for
which specific training and equipment are required and which are not currently
available to all of the members. The Committee will ensure that the SOT is
established, that its members are trained to applicable federal and state
standards, and that the necessary and appropriate equipment is purchased and
made available for use by the SOT.
5.2.2 Procedures. The Committee will ensure that procedures are established so that
the SOT is able to respond to large-scale disasters or emergencies occurring
anywhere within the jurisdictions of the Parties to this Agreement. Procedures
of the SOT are subject to the review and approval of the Committee.
5.2.3 Members. The Parties agree to assign employees and make equipment available
to the SOT. Members of the SOT will remain employees of their employing
agency and will not be deemed employees of the Committee or the SOT.
5.2.4. Team Manager. The Committee shall appoint a Team Manager who will be
responsible for ensuring that the Committee accomplishes the duties described
in paragraph 5.2. The Team Manager shall be an employee of a Party.
5.3 Subcommittees. The Committee may create subcommittees to carry out the duties of
the Committee as needed to support the Committee. The actions of all subcommittees
are subject to approval by the Committee.
6. Reservation of Authority. All responsibilities not specifically set out to be jointly exercised by
the Committee under this Agreement are hereby reserved to the Parties and each of them.
7. Powers of the Committee.
7.1. General Powers. The Committee is hereby authorized to exercise such authority as is
necessary and proper to fulfill its purposes and perform its duties. Such authority shall
include the specific powers enumerated in paragraph 7.2.
page 29
7.2. Specific Powers.
7.2.1. The Committee may enter into any contract necessary or proper for the exercise
of its powers or the fulfillment to its duties and enforce such contracts to the
extent available in equity or at law, including contracts with South Metro Fire
Department, Metropolitan Council/Metro Transit Police Department, and units
of local government in Dakota County that are not Parties to this Agreement, to
provide such entities with the opportunity to assign members to the SOT. The
Committee may approve any contract relating to this Agreement up to the
amount approved in the annual budget and may authorize the Chair to execute
those contracts. No payment on any invoice shall be authorized unless approved
by at least two of the three officers elected pursuant to paragraphs 4.3 and 4.4.
The Chair shall report to the Committee any such payments at its next meeting.
7.2.2. The Committee may disburse funds in a manner which is consistent with this
Agreement and with the method provided by law for the disbursement of funds
by Dakota County.
7.2.3. The Committee may apply for and accept gifts, grants or loans of money or
other property or assistance from the United States government, the State of
Minnesota, or any person, association, or agency for any of its purposes; enter
into any agreement in connection therewith; and hold, use and dispose of such
money or other property and assistance in accordance with the terms of the gift,
grant or loan relating thereto.
7.2.4. The Committee shall maintain liability coverage for the actions of the
Committee with the League of Minnesota Cities Insurance Trust (LMCIT) with
a limit of coverage equal to or greater than the liability limits under Minn. Stat.
Ch. 466, under standard LMCIT liability coverage forms. The Committee shall
also obtain tail coverage following termination of the Agreement to cover the
statute of limitations during which a claim could be made against the
Committee. Such insurance shall name each Party as a covered party. The
Committee may in its discretion procure coverage for automobile liability and
damage to or loss of property.
7.2.5. All powers granted herein shall be exercised by the Committee in a fiscally
responsible manner and in accordance with the requirements of law. The
purchasing and contracting requirements of Dakota County shall apply to the
Committee.
8. Budgeting and Funding.
8.1. Budget Adoption. By April 1 of each year the Committee shall adopt an annual
workplan and operating and capital budgets for the following calendar year including a
statement of the sources of funding.
page 30
8.2. Budget and Accounting Services. Dakota County agrees to provide all budgeting and
accounting services necessary or convenient for the Committee. Such services shall
include but not be limited to: management of all funds, payment for contracted services
and other purchases, and relevant bookkeeping and recordkeeping. Dakota County
contracting and purchasing requirements shall apply to transactions of the Committee.
8.3. Expenses. The Parties understand and acknowledge that the activities and duties of the
Committee are to be funded first by grant monies from the federal government, state
government or other associations and agencies. Nevertheless, the Parties agree to
contribute to funding, if necessary, for the expenses of the Committee, to the extent not
covered by grant funds. Each Party agrees annually to appropriate funds for the
expenses of the Committee not covered by grant funds, on a population basis, subject to
each city council’s or the county board’s adoption of a resolution authorizing any such
appropriation. For purposes of this paragraph, Dakota County’s population is the
population of the townships within Dakota County. Population basis means the
decennial federal census or the five-year mid-decennial census adjustment made by the
Metropolitan Council, whichever is the most recent in time.
8.4. Federal and State Grant Funds Available to Counties. The Parties understand and
acknowledge that federal and state grant funds have been and may continue to be made
available for the purposes of improving and enhancing local government units’
capabilities in responding to the occurrence of large-scale disasters or emergencies.
The Parties further understand and acknowledge that some such federal and state grant
funds may be made available directly to counties with the intention that the funds be
expended for the benefit also of cities within the county. Dakota County specifically
agrees that federal and state grant funds for such purposes which the Dakota County
Board of Commissioners, pursuant to Committee recommendation and proposed
budget, applies for and receives will be applied for and received on behalf of the cities
who are Parties to this Agreement and will be appropriated to the Committee for
expenditure in accordance with the terms of the applicable grant agreement and budget
approved by the county board. The Committee will expend any such funds only in
accordance with the terms of any applicable grant agreement, approved budget, laws
and rules. This paragraph does not prohibit Dakota County from unilaterally applying
for, receiving and expending grant funds made available for the purposes identified in
this paragraph.
8.5. Accountability. All funds shall be accounted for according to generally accepted
accounting principles. A report on all receipts and disbursements shall be forwarded to
the Parties monthly and on an annual basis.
9. Special Operations Team Activation and Use.
9.1. Purpose. The purpose of this section 9 is to provide for the deployment of the SOT
established pursuant to paragraph 5.2, so that the SOT may be utilized by any Party to
this Agreement in the event of a large-scale disaster or emergency within their
jurisdiction. It is not the purpose of this section to provide for or address in any way
requests by one Party of another Party for other services, or to supplant other mutual aid
agreements to which any of the Parties may be signatory.
page 31
9.2. Definitions.
SOT Team Manager – the person designated by the SOT who is responsible for
exercising tactical control of personnel and equipment provided by the SOT and
who coordinates with the Committee Chair whenever the SOT is requested to be
deployed or is deployed
Disaster or large-scale emergency – an unforeseen exigent circumstance requiring
specialized response operations
Requesting Party – a Party to this Agreement who has requested that the SOT provide
specialized response operations
Special Operations Team (SOT) – a group of personnel assigned by the Parties who will
be trained and organized to provide special response operations to any Party
who requests them, and which may include personnel of other entities that have
entered into an agreement with the Committee pursuant to paragraph 7.2.1.
Specialized Response Operations – specialized rescue services for problem-specific
emergency situations, including, but not limited to structural collapse, technical
rope rescue, hazardous materials, wild land rescue, confined space rescue, trench
rescue, water rescue, vehicle/machinery disentanglement, and the like, including
training events for such services.
9.3. Requests for assistance. Whenever a Party, in its sole discretion, determines that the
conditions within its jurisdiction cannot be adequately addressed by that jurisdiction
because of a disaster or large-scale emergency, the Party may request orally or in
writing that the SOT provide specialized response operations to the Party.
9.4. Response to Request for assistance. Upon a request for assistance of the SOT, SOT
Team Manager may authorize, direct and permit the SOT to provide assistance to the
requesting Party. Whether the SOT shall provide such assistance, and the extent of such
assistance, shall be determined solely by the SOT Team Manager. Failure to provide
assistance in response to a request made pursuant to this Agreement will not result in
any liability to the SOT or to any other Party. SOT Team Manager shall notify the
Chair or Vice Chair any time the SOT Command consents to provide assistance to a
Party, pursuant to this Agreement. If a request is made by a governmental unit not a
Party to this Agreement, the SOT Team Manager may provide assistance only with the
approval of the Chair or Vice Chair, pursuant to Committee policy.
9.5. Recall of assistance. The SOT Team Manager may at any time and in its sole judgment
terminate and recall the SOT or any part thereof. The decision to recall the SOT
provided pursuant to this Agreement will not result in liability to the SOT.
9.6. Direction and Control. Personnel and equipment of the SOT shall remain under the
direction and control of the SOT Team Manager.
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9.7. Exercise of Police Power. Any member of the SOT who is a licensed peace officer and
who is providing assistance pursuant to this Agreement has the full and complete
authority of a peace officer as though appointed by the requesting Party and licensed by
the State of Minnesota provided the officer meets the requirements set forth at Minn.
Stat. § 471.59, subds. 12(1) and (2).
9.8. Compensation.
9.8.1. Parties to this Agreement. When the SOT provides services to a requesting
Party, the personnel of the SOT shall be compensated by their respective employers just
as if they were performing the duties within and for the jurisdiction of their appointing
Party. Except as provided in Paragraph 9.8.2., no charges will be levied by the
Committee for specialized response operations provided to a requesting Party pursuant
to this Agreement unless that assistance continues for a period exceeding 24 hours. If
assistance provided pursuant to this Agreement continues for more than 24 hours, the
Committee shall submit to the requesting Party an itemized bill for the actual cost of
any assistance provided, including salaries, overtime, materials and supplies. The
requesting Party shall reimburse the Committee for that amount.
9.8.2. Third Parties. In the event that the SOT is activated and deployed at the request
of Party to this agreement, to provide specialized response operations at a disaster or
large-scale emergency for which a third party may bear financial responsibility, the
Committee shall submit to the requesting Party without delay an itemized bill for the
actual cost of assistance provided, including salaries, overtime, materials and supplies.
The requesting Party shall reimburse the Committee its proportionate share of funds
received from any third party, if any, for the full cost of the assistance.
9.9. Workers’ Compensation. Each Party to this Agreement shall be responsible for injuries
to or death of its own employees. Each Party shall maintain workers’ compensation
coverage or self-insurance coverage, covering its own personnel while they are
providing assistance as a member of the SOT. Each Party to this Agreement waives the
right to sue any other Party for any workers’ compensation benefits paid to its own
employee or their dependents, even if the injuries were caused wholly or partially by the
negligence of any other Party or its officers, employees or agents.
9.10. Damage to Equipment. Each Party shall be responsible for damage to or loss of its own
equipment occurring during deployment of the SOT. Each Party waives the right to sue
any other Party for any damages to or loss of its equipment, even if the damages or
losses were caused wholly or partially by the negligence of any other Party or its
officers, employees or agents.
10. Liability.
The Committee is a separate and distinct public entity to which the Parties have transferred all
responsibility and control for actions taken pursuant to this Agreement.
With the exception of workers compensation liability which is addressed in Section 9.9 of this
Agreement, the Committee shall defend and indemnify the Parties, and their officers,
employees, volunteers and agents, from and against all claims, damages, losses, and expenses,
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including reasonable attorney fees, arising from Committee activities or operations, including
deployments of the SOT, and decisions of the Committee.
To the fullest extent permitted by law, action by the Parties to this Agreement are intended to
be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they
shall be deemed a “single governmental unit” for the purposes of liability, as set forth in
Minnesota Statutes, Section 471.59, subd. 1a(a), provided further that for purposes of that
statute, each individual Party to this Agreement expressly declines responsibility for the acts or
omissions of any other Party. The Parties to this Agreement shall not liable for the acts or
omissions of another Party to this Agreement except to the extent they have agreed in writing to
be responsible for the acts or omissions of the other Parties.
Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth
in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Under
no circumstances shall the Committee or a Party be required to pay on behalf of itself and any
other Parties any amounts in excess of the limits of liability established in Minnesota Statutes
Ch. 466 applicable to any third party claim. The statutory limits of liability for some or all of
the Parties may not be added together or stacked to increase the maximum amount of liability
for any third party claim.
Any excess or uninsured liability shall be borne equally by all the Parties, but this does not
include the liability of any individual officer, employee, or agent which arises from his or her
own malfeasance, willful neglect of duty, or bad faith.
Nothing herein shall be construed to provide insurance coverage or indemnification to an
officer, employee or volunteer of any member for any act or omission for which the officer,
employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith.
11. Effective Date. This Agreement shall be in full force and effect when all of the Parties sign this
Agreement as amended and restated herein. Dakota County shall notify the Parties in writing
of the effective date of this Agreement.
12. Withdrawal and Termination.
12.1. Withdrawal. Any Party may withdraw from this Agreement upon 12 months’ written
notice to the other Parties. Withdrawal by any Party shall not terminate this Agreement
with respect to any Parties who have not withdrawn. Withdrawal shall not discharge
any liability incurred by any Party prior to withdrawal. Such liability shall continue
until discharged by law or agreement.
12.2. Termination. This Agreement shall terminate upon the occurrence of any one of the
following events: (a) when necessitated by operation of law or as a result of a decision
by a court of competent jurisdiction; or (b) when a majority of Parties agrees to
terminate the Agreement upon a date certain.
12.3. Effect of Termination. Termination shall not discharge any liability incurred by the
Committee or by the Parties during the term of this Agreement. Upon termination
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property or surplus money held by the Committee shall then be distributed to the Parties
in proportion to contributions of the Parties.
13. Miscellaneous.
14.1. Amendments. This Agreement may be amended only in writing and upon the consent
of the governing bodies of all of the Parties.
14.2. Records, Accounts and Reports. The books and records of the Committee shall be
subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16C.05, subd. 5.
14.3. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
Counterparts shall be filed with the Dakota County Emergency Preparedness Coordinator.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
KS13-358 first amended and restated jpa for dak cty domestic preparedness committee
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Approved as to form: COUNTY OF DAKOTA
Assistant County Attorney/Date Tim Leslie Dakota County Sheriff Date of Signature
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CITY OF MENDOTA HEIGHTS
By: ___________________________
___________________, Mayor
Date of Signature: _______________
By:____________________________
___________________, City Clerk
Date of Signature: ________________
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MEETING DATE: May 3, 2016
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator
SUBJECT: Personnel Action Item
Item 1: Successful Completion of Probationary Period, Police Officer Stephen Hilyar
Effective April 26, 2017, Steve Hilyar has successfully completed his one year probationary
period as a Police Officer. Officer Hilyar is doing an outstanding job in all categories of the
Police Officer position. Officer Hilyar is actively assisting with the installation of new computers
in the squad cars. He is making arrests and assisting at medical scenes. On Friday, April 22nd,
Officer Hilyar was the first person on the scene near Ivy Falls to administer first aid to a victim
that fell 30 feet.
Over the course of the year, he has received seven thank you letters from the public. His work
ethic has made him a great fit for the City of Mendota Heights and part of our team.
BUDGET IMPACT
Officer Steven Hilyar is currently at step three of the 2016 – 2017 Law Enforcement Labor
Services, Inc. Labor Agreement. The monthly salary is $5,518. Per the Labor Agreement, Officer
Hilary will be entitled to a 5% education incentive.
RECOMMENDATION
City staff recommends that the City Council officially appoint Stephen Hilyar to the position of
regular, full-time Police Officer, effective April 27, 2016.
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MEETING DATE: May 3, 2016
TO: Mayor, City Council and City Administrator
FROM: Tamara Schutta, Assistant to the City Administrator/HR Coordinator
SUBJECT: Mendota Heights Personnel Code Amendment
BACKGROUND
Staff is proposing personnel code amendment to the Section 11b, Extended Disability Protection.
Section 11b. Extended Disability Protection
In 2013, Minnesota Statute 181.940 was amended to allow employees to use up to 160 hours of
accrued personal sick leave to care for a sick child. In 2014, Minnesota Statute 181.9413 was
amended to add mother-in-law,” “father-in-law,” and “grandchild” to the list of those for whom
an employee may use personal sick leave to care for. This section was also amended to allow for
use of sick time for “safety leave” to provide for reasonable absences for employees or relatives
because of sexual assault, domestic abuse, or stalking.
Section 11b, Extended Disability of the Mendota Heights Personnel Code has been amended to
comply with the changes to the Minnesota Statute 181.940 and 181.9413. City staff as well as
City Attorney John Edison have reviewed the proposed amendments to Section 11b, Extended
Disability of the Mendota Heights Personnel Code. Attached is a red line version of Section 11b.
BUDGET IMPACT
For the proposed amendment changes to Section 11b, compensated absences are included in the
budget.
RECOMMENDATION
City staff recommends adoption of the proposed amendments to Section 11b, Extended
Disability of the Mendota Heights Personnel Code. This policy would be effective immediately.
ACTION REQUIRED
If the Council concurs, it should, by motion, adopt the changes as an amendment to Sections 11b,
Extended Disability of the Mendota Heights Personnel Code.
Attachment:
1. Red line version of Section 11b, Extended Disability Policy
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SECTION 11a. Personal Leave/Extended Disability Protection 1
a. Personal Leave - Beginning January 1, 1987, all permanent full-time
employees shall accrue personal leave at the rate of four (4) hours per
month, to a maximum of 320 hours. Personal leave shall be available for
use without restriction, except prior approval of the supervisor. An
employee shall not be allowed to use more than twenty (20) consecutive
personal days, or a combination of twenty (20) consecutive personal and
vacation days, without prior approval of the City Council.
Each December 1, any employee with an accrued Personal Leave
balance in excess of 320 hours may convert the excess hours at the rate
of 50%, to either additional cash compensation, or additional vacation
time. The compensation will be made, or the extra vacation credited, with
the second payroll in December.
Upon separation, employees shall be compensated for any unused
Personal Leave balance.
b. Extended Disability Protection (Sick Leave) - Beginning January 1, 1987,
aAll permanent regular full-time employees shall accrue extended
disability leave at the rate of four (4) hours per month, to a cumulative
maximum of 640 hours. Regular part-time employees scheduled to work
at least 20 hours per week shall accrue extended disability leave on a pro-
rated basis of the regular full-time employee schedule. Extended disability
protection is available for use on the first day of a personal or work-related
illness or injury. Extended disability leave has no cash value upon
termination or retirement and employees will not be compensated for any
unused extended disability leave upon separation from employment.
Extended disability may be used as follows:
• When an employee is unable to perform work duties due to illness or
disability (including pregnancy);
• For medical, dental or other care provider appointments; and
• When an employee has been exposed to a contagious disease of such
nature that his/her presence at the work place could endanger the
health and safety of others.
An employee may also use extended disability leave for absences due to
an illness of or injury to the employee’s child, as defined in Minnesota
Statutes section 181.940, subdivision 4 (as it may be amended), adult
child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild,
grandparent, or stepparent, for reasonable periods of time as the
employee’s attendance may be necessary, on the same terms upon which
1Resolution No. 86-104
Formatted: Bulleted + Level: 1 + Aligned at:
1" + Indent at: 1.25"
Formatted: Indent: First line: 0"
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the employee is able to use extended disability leave for the employee’s
own illness, injury, disability, or care provider appointments.
Pursuant to Minnesota Statutes section 181.9413 (c) (as it may be
amended), eligible employees may use up to a maximum of 160 hours of
extended disability leave in any 12-month period for absences due to an
illness of or injury to the employee’s adult child, spouse, sibling, parent,
grandparent, stepparent, mother-in-law, father-in-law, and grandchild
(including a step-grandchild, biological, adopted, or foster grandchild).
This limitation does not apply to absences due to the illness or injury of a
child, as defined in Minnesota Statutes section 181.940, subdivision 4 (as
it may be amended).
Employees are to keep their supervisor informed of their or their family
member’s condition. The supervisor may require a letter or report from
the attending physician. Claiming extended disability leave when
physically fit Any employee who makes a false claim for extended
disability leave will be may be cause subject to for disciplinary action,
including transfer, demotion, suspension, or dismissal.
After accrued extended disability leave has been exhausted, vacation
leave or personal leave may be used for absences that would otherwise
qualify for the use of extended disability upon approval of the City
Administrator, to the extent the employee is entitled to such leave.
In cases of extreme emergency involving employees with a record of
meritorious service, who, through serious or protracted illness, have used
up all accumulated personal leave, extended disability leave, vacation
leave, and compensatory time off, an extension of extended disability
leave beyond the maximum provided may be granted by the City Council.
The resulting deficit will be repaid through the substitution of personal and
extended disability leave accruals as they are earned. once the employee
returns to work.
C. Safety Leave – Employees are authorized to use extended disability for
reasonable absences for themselves or relatives (the employee’s child, as
defined in Minnesota Statutes section 181.940, subdivision 4 (as it may be
amended), adult child, spouse, sibling, parent, mother-in-law, father-in-
law, grandchild, grandparent, or stepparent who are providing or receiving
assistance because they, or a relative, is a victim of sexual assault,
domestic abuse, or stalking. Safety leave for those listed other than the
employee and the employee’s child, is limited to 160 hours in any 12-
month period.
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Request for City Council Action
MEETING DATE: May 3, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving a Critical Area Permit at 1081 Douglas Road
COMMENT:
Introduction
The applicant is seeking a critical area permit to replace an existing accessory structure on the subject
property within the Mississippi River Corridor Critical Area. Title 12-3-5 of the City Code requires a
critical area permit for any actions requiring zoning approval.
Background
The subject property is approximately 18,000 square feet, zoned R-1 One Family Residential, and contains
an existing single-family dwelling. The applicant submitted an accessory structure permit on April 25 for
administrative review and it was determined that a Critical Area Permit is also required.
Critical Area Permit
According to Title 12-3-5-D of the City Code, an accessory structure qualifies as a “minor development”:
Modifications: In the case of a minor development and/or change involving a single-family dwelling,
and if the site plans conform to the standards of the critical area overlay district, the city
administrator shall bring the request to the attention of the city council at its next regular meeting
following receipt of an application for critical area ordinance consideration. The city council shall
review such request and may, if it so determines, exempt the applicant from complying with any
unduly burdensome requirements of this chapter.
Projects eligible for the exemptions of this paragraph include, but are not limited to, minor building
additions, decks, fences, accessory storage sheds, landscaping and similar structures. Proposed
projects and sites must comply with the following conditions:
1. No part of the subject property shall have slopes of greater than eighteen percent (18%).
2. No part of the subject property shall be within forty feet (40'), whether on the same parcel or on
abutting parcels of any area defined as a bluff by this chapter, or any area with slopes greater
than forty percent (40%).
3. The proposed project shall not expand the enclosed area of the principal or accessory structures
by more than one hundred forty four (144) square feet.
4. The proposed project shall not increase the height of any existing structure.
5. The proposed project shall be in compliance with all other requirements of this chapter, and any
other applicable regulations.
6. The proposed project shall not result in changes to the existing finished grade.
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The proposed project is compliant with the required conditions:
1. No slope disturbance or vegetation removal is being proposed.
2. The accessory structure’s proposed location does not encroach into the applicable bluff setback.
3. The accessory structure’s size does not exceed 144 square feet.
4. The accessory structure does not exceed the 15-foot height standard.
5. The proposed project is compliant with the applicable Critical Area and City Code regulations.
6. No grading is being proposed.
Based on staff’s interpretation of the intent of this provision, the scope of the project does not require a
public hearing or interagency review and can be considered directly by the City Council.
Accessory Structure Standards
Title 12-1D-3 of the City Code contains the following applicable standards for accessory structures in
residential zoning districts:
Standard Proposed
Not permitted in front yard Side Yard
5-foot setback from side/rear property lines and principal structure
Side Yard: 32 feet
Rear Yard: 49 feet
Principal Structure: 6 feet
15-foot height limit 10 feet (to roof peak)
1 structure not to exceed 144 square feet 1 structure at 96 square feet
The proposed accessory structure is compliant and would have been issued administratively but for the
subject property’s location within the Critical Area.
Discussion
The City is using its quasi-judicial authority when considering action on subdivision and zoning requests
and has limited discretion; a determination regarding whether or not the request meets the applicable code
standards is required.
Budget Impact
N/A
Recommendation
Staff recommends approval of the Critical Area Permit request for an accessory structure, with the condition
that all applicable permits are obtained from the City prior to construction of the proposed project, and
based on the finding of fact that the proposed project meets the purpose and intent of the Critical Area
Overlay District and City Code.
If the City Council desires to implement the recommendation, pass a motion adopting RESOLUTION 2016-
37 APPROVING A CRITICAL AREA PERMIT AT 1081 DOUGLAS ROAD.
Action Required
This matter requires a simple majority vote.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-37
RESOLUTION APPROVING A CRITICAL AREA PERMIT AT 1081 DOUGLAS ROAD
WHEREAS, Clyde Gerber has applied for a critical area permit to construct an accessory
structure at 1081 Douglas Road as proposed in Planning Case 2016-18 and described in Exhibit
A; and
WHEREAS, the proposed project qualifies as a minor development under the applicable
City Code provisions for properties within the Critical Area; and
WHEREAS, the proposed project is compliant with the required conditions for
exemption from a public hearing and interagency review to be considered directly by the City
Council.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the
critical area permit request as proposed in Planning Case 2016-18 is hereby approved with the
finding of fact that the proposed project meets the purpose and intent of the Critical Area Overlay
District and City Code.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that critical area
permit request as proposed in Planning Case 2016-18 is hereby approved with the condition that
all applicable permits are obtained from the City prior to construction of the proposed project.
Adopted by the City Council of the City of Mendota Heights this third day of May, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_____________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
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1081 1075
LEXINGTON AVEPlanning Case 2016-181081 Douglas Road City ofMendotaHeights025
SCALE IN FEETDate: 4/28/2016
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
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MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA
Public Works Director/City Engineer
SUBJECT: Approving the renewal of a Joint Powers Agreement (JPA) between
Dakota County and the City for Administrative Services for the Municipal
SSTS Pump Maintenance Program
COMMENT:
Introduction
In March of 2011, the City entered into a JPA with Dakota County that allows the County to provide the
administration of the City’s Subsurface Sewage Treatment Systems (SSTS), or “septic system” program.
Most of the Cities in Dakota County have virtually identical JPAs, and the County provides
administration for these cities as well.
Background
The 2011 JPA identified specific individuals as authorized representatives and liaisons for the Program.
The 2011 JPA did not provide a provision for the identification to pass from one individual to their
successor. The attached JPA identifies the applicable representatives and liaisons, taking into account
staff changes at Dakota County, and allows these appointments to be passed to successors without
amending the JPA.
The other notable change in the JPA is that the cost per SSTS being charged to the City changes from a
static $2.97 per SSTS to a fee set forth in the County’s fee schedule. The fee for 2016 is $3.00 per SSTS.
The City of Mendota Heights has 59 regulated SSTS systems.
Budget Impact
The administrative fee charged by Dakota County is paid out of the Sanitary Sewer Utility Fund, and is
budgeted for on an annual basis. The increase in fee from $175.23 ($2.97 x 59) to $177.00 ($3.00 x 59)
does not constitute a significant increase to the Utility budget.
Recommendation
Staff recommends Council approve the renewal of Joint Powers Agreement (JPA) between Dakota
County and the City for Administrative Services for the Municipal SSTS Pump Maintenance Program.
Action Required
If Council wishes to enact the staff recommendation, pass a motion approving the renewal of Joint
Powers Agreement (JPA) between Dakota County and the City for Administrative Services for the
Municipal SSTS Pump Maintenance Program. This action requires a simple majority vote.
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Request for City Council Action
MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: Nolan Wall, AICP – Planner
Sloan Wallgren – Recreation Program Coordinator
John R. Mazzitello, PE, PMP, MBA – Public Works Director/City Engineer SUBJECT: SHIP Grant Award for Dodd Road Corridor Trail Study
COMMENT:
Introduction
The City has been awarded a $25,000 grant from Dakota County to pursue a study of the Dodd Road
corridor to identify trail facility options and funding sources. Staff is seeking Council approval of a joint
powers agreement with Dakota County and planning services contract with Stantec Consulting Services,
Inc. to complete the study.
Background
The City Council authorized staff to submit a grant application to Dakota County for funding through the
Statewide Health Improvement Program (SHIP) in January. The request was for $35,000 to study the Dodd
Road corridor and update the Trail Improvement and Management Plan. Subsequently, the City was
awarded $25,000 for the Dodd Road study only.
The County Board of Commissioners approved the City’s grant request at the March 22 meeting. Staff
anticipates having the joint powers agreement before the Council meeting, and will supplement the agenda
packets accordingly.
Discussion
Staff requested a proposal from the City’s contracted planning consultant to complete the study. Stantec is
proposing to provide professional planning services for a cost of not to exceed $25,000 to be completed by
January 2017. A summary of the proposed project scope includes the following tasks:
1. Right-of-Way analysis to determine availability and identify logical trail alignments.
2. Constructability assessment, including field reviews to identify constraints and alternative trail
alignments based on technical considerations.
3. Corridor outreach, including attending an open house.
4. Develop concept designs depicting a preferred alignment along the corridor, including order-of-
magnitude estimates of barriers to trail construction.
5. Develop an opinion of probable cost to construct preferred trail alignments, including
recommending trail crossing treatments or other enhancements where appropriate.
6. Prepare a written report, including findings and comments from the City.
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Budget Impact
The City’s required 10% match is proposed to be in-kind staff-time to create and implement a Public
Participation Plan in compliance with the SHIP grant requirements
Recommendation
Staff recommends that the City Council pass a motion approving the Joint Powers Agreement with Dakota
County and Professional Services Agreement with Stantec Consulting Services, Inc. for the work proposed
in the Dodd Road Corridor Study Scope as part of the Statewide Health Improvement Program grant award.
Action Required
This matter requires a simple majority vote.
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5j.
Dakota County Contract 4C0027902
JOINT POWERS AGREEMENT BETWEEN
THE COUNTY OF DAKOTA AND
THE CITY OF MENDOTA HEIGHTS
This Joint Powers Agreement (Agreement) is entered into by and between the County of Dakota,
a political subdivision of the State of Minnesota, by and through its Physical Development Division,
1590 Highway 55, Hastings, Minnesota 55033 ("County"), and the City of Mendota Heights ("(ity"),
by and through their respective governing bodies,
RECITALS,
WHEREAS, Minn. Stat, § 471.59 authorizes local government units to jointly and cooperatively
exercise any power common to the contracting parties; and
WHEREAS, City is a governmental unit and political subdivision of the State of Minnesota; and.
WHEREAS, County is a governmental unit and political subdivision of the State of Minnesota;
and;
WHEREAS, the County has received a grant of monies from the State of Minnesota acting
through the Minnesota Department of Health Grant Project Agreement No, 100381, attached hereto as
set forth in Exhibit A for implementation of the County's Statewide Health Improvement Program
(SHIP); and
WHEREAS, the County and the City arc desirous of entering into this Agreement so that the
County and the City may share the cost to conduct a feasibility study for Dodd Road/Mendota to
Lebanon Greenway. The feasibility study will analyze pedestrian and bicycle facility options in the
Dodd Road corridor and regional grcenway design options for the Mendota -Lebanon Greenway along
Dodd Road.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and
the County shall derive from this Agreement, the City and County hereby enter into this Agreement for
the purposes stated herein.
1.. Effective Date and Term. This .Agreement shall be effective as of the dates of signature
by the parties., This Agreement shall remain in effect until October 3], 2017 or until
completion by the parties, of their respective obligations under this Agreement,whichever
occurs first, unless earlier terminated by law or according to the provisions of this
Agreement,
2. Grant of Monies. The County agrees to reimburse the City in an amount not to exceed
$25,000 for costs incurred to conduct a feasibility study to analyze pedestrian and bicycle
facility options in the Dodd Road corridor and regional greenway design options for the
Mendota -Lebanon Greenway along Dodd Road during the period from the Effective Date
through October 31, 2017,
Dakota County Contra#C0027902 Page 1 oiX
SHIP
3, Purpose. The purpose of this Agreement is to provide cooperation and funding by the
County to the City so that the City can conduct a feasibility study evaluating trail,
sidewalk,. and on -road bikeway options for 'Dodd Road in Mendota Heights. Al] funds.
providedby the County are to be used by the City solely for this purpose. Funds obtained
by the City pursuant to this .Agreement shall only be usedfor the payment of actual
professional services provided by the chosen engineering consultant.
Obligations of the City.
Conduct a feasibility study evaluating trail, sidewalk, and on -road bikeway options .for
Dodd Road in Mendota Heights. The City will lead the feasibility study, utilizing a
contract with an engineering consultant and shall be responsiblefor awarding contracts
for the feasibility study. In addition, study the feasibility of and design options for routing
the Mendota -Lebanon Greenway along Dodd Road. The study shall be conducted as
more fully described and attached hereto as set forth in Exhibit B Mendota Heights
Contract Deliverables for the Dodd Road/Mendota to Lebanon Greenway Feasibility
Study Funded by the Statewide Health Improvement Program (SHIP), attached hereto as
set forth in Exhibit C Statewide Health Improvement Program (SHIP) Application for
Local Funding, attached hereto and incorporated by reference herein.
5. Reimbursement.
After this Agreement has been executedby both parties, the City may claim
reimbursement for expenditures incurredin connection with the performance of activities
that are eligible for reimbursement in accordance with the Agreement.
The County will reimburse the City within 45 days of the City's submission of invoices
to the County, Invoices must be submitted in the form acceptable to the County. All
requests for reimbursement must be submitted by September 15, 2017. The City must
certify that the requested reimbursements are accurate, appropriate and eligible in
accordance with Master Grant Contract No. 12-700-0068 attached hereto as set forth in
Exhibit D„ that it has documentation of the actual expenditures for which reimbursement
is sought, and that such expenditures have not been otherwise reimbursed.
6. Miscellaneous.
A. Authorized Representatives, The following named persons are designated as the
Authorized Representatives of the parties for purposes of this Agreement. These
persons have authority to bind the party they represent and to consent to
modifications, except that the Authorized Representatives shall have only authority
specifically granted by their respective governing boards. Notice required to be
provided pursuant this Agreement shall be provided to the following named persons
and addresses unless otherwise stated in this Agreement, or in a modification to this
Agreement,
Dakota Couoy Contract #C0027902 Page 1.248
SHIP
The County's Authorized Representative is:
Steven C. Miclke, Director
Physical Development Division
14955 Galaxic Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7007
Emai 1: Ste yen, M iel ke(wco.dakota.mn,us
Steven Miclke, or his successor, has the responsibility to monitor the City's performance
pursuant to this Agreement and the authority to approve invoices submitted for
reimbursement.
The City's Authorized Representative is:
Mark McNeill
City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Telephone: (651)452-1850
Email: Markm(iii,inendota-heights.com
In addition, notification to the City or to the County regarding terminationof this
Agreement by the other party shall be provided to the Office of the 'Dakota County
Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033,
The parties shall provide written notification to each other of any change to the
Authorized Representative. Such written notification shall be effective, to change the
designated liaison under this Agreement,. without necessitating an amendment of this
Agreement.
B. Assignment, Amendments, Waiver and Complete Agreement.
Assignment, The City may neither assign nor transfer any rights or
obligations under this Agreement without the prior consent of the County
and a fully executed assignment agreement, executed by the County and
the City.
Use of Contractors. The City may engage contractors to perform activities,
funded pursuant, to this Agreement. However, the City retains primary
responsibility to the County for performance of the activities and the use
of such contractors docs not relieve the City from any of its obligations
under this Agreement.
If the City engages any contractors to perform any part of the activities,
the City agrees that the contract for such services shall include the
following provisions:
Dakota Ccouray Comnict 404027902 Page r3 of 8
511 ff"
(a) The contractor must .maintain. all .records and provide all reporting
as required by this Agreement
(b) The contractor must defend, indemnify, and save harmless the
County from all claims, suits, demands, damages, judgments,
costs, interest, and expenses arising out of or by reason of the
performance of the contracted work, caused in whole or in part by
any negligent act or omission of the contractor, including negligent
acts or omissions of its employees, subcontractors, or anyone for
whose acts any of them may be liable,
c) The contractor must provide and maintain insurance through the
term of this Agreement in .amounts and types of coverage as set
forth in the Insurance Terms, which is attached and Incorporated as
Exhibit E, and provide to the County prior to commencement of
thecontracted work a certificate of insurance evidencing such.
insurance coverage.
(d) The contractor must bc an independent contractor for the purposes
of completing the contracted work.
(e) The contractor must acknowledge that the contract between the
City and thc contractor does not create any contractual relationship
between County and the contractor.
(f)
The contractor shall pertbrm and complete the activities in full
compliance with this Agreement and all applicable laws, statutes,
rules, ordinances, and regulations issued by any federal, state, or
local political subdivisions having jurisdiction over the activities.
Amendments. Any amendment to this Agreement must be in writing and
executed by thc County and the City.
iv, Waiver. If the County fails to enforce any provision of this Agreement,
that failure shall not result in a waiver of the right to enforce the same or
another provision of this Agreement.
v. Agreement Complete. This Agreement and exhibits contain all
negotiations and agreements between the County and the City. No other
understanding regarding this Agreement, whether written or oral may be
used to bind either party.
C. Indemnification. Each party to this Agreement shall be liable for the acts or omissions
of its officers, directors, employees or agents and the results thereof to the fullest
extent authorized by law and shall not be responsible for the acts of the other party,
its officers, directors, employees or agents. It is understood and agreed that the
provisions of the Municipal Tort Claims Act, Minn. Stat, Ch. 466, and other
applicable laws govern liability arising ,from the parties' acts or omissions. In the
event of any claims or actions asserted or filed against either party, nothing in this
Dakota Courtly Comracrt 401)027902 P a g, e 4 of 8
SIIIP
JPA shall be construed to allow a claimant to obtain separate judgments or separate
liability caps from the individual parties. In order to insure a unified defense against
any third -party liability claims arising from work of the Project, City agrees to require
all contractors or subcontractors hired to do any work on feasibility study to maintain
commercial general liability insurance in the amounts consistent with minimum limits
of coverage established by Minn, Stat. § 466.04 during the terms of each Project. All
such insurance policies shall name the City and County as additional insured, Each
Party warrants that they arc able to comply with the aforementioned indemnity
requirements through an insurance company or self-insurance program and that each
has ininimum coverage consistent with the liability limits contained in MinnStat,
Ch. 466,
D. Audit. The City shall maintain books, records, documents and other evidence
pertaining to the costs or expenses associated with the work performed pursuant to
this Agreement. Upon request the City shall allow the County, Legislative Auditor or
the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or
other documents relevant to this Agreement. The City shall use generally accepted
accounting principles in the maintenance of such books and records, and shall retain
all of such books, records, documents and other evidence for a period of six (6) years
from the date of the completion of the activities funded by this Agreement.
E. Data Practices. The City agrees with respect w any data that it possesses regarding
the Agreement to comply with all of the provisions of the Minnesota Government
Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be
amended .1r0111 time to time.
F. Relationship of the Parties. Nothing contained in this Agreement is intended or
should be construed as creating or establishing the relationship of co-partners or joint
ventures between the County and the City, nor shall the County be considered or
deemed to be an agent, representative or employee of the City in the performance of
this Agreement. Personnel of the City or other persons while engaging in the
performance of this Agreement shall not be considered employees of the County and
shall not be entitled to any compensation, rights or benefits of any kind .whatsoever,
G. Governing Law, Jurisdiction and 'Venue. Minnesota law, .without regard to its choice -
of -law provisions, governs this Agreement. Venue for all legal proceedings arising
out of this Agreement, or its breach, must be with the appropriate state court with
competent jurisdiction in Dakota County.
H. Nondiscrimination, The City agrees to comply with all applicable laws relating to
nondiscrimination and affirmative action. In particular, the City agrees not to
discriminate against any employee, applicant for employment, or participant in this
Agreement because of race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, membership or activity in a local civil rights
commission, disability, sexual orientation, or age., and further agrees to take action to
ensure that applicants and employees are treated equally with respect to all aspects of
employment, including selection for training, rates of pay, and other forms of
compensation.
Dakota Cfriinty C".orarao tI'OO 7902 Pag e h
SHIP
Compliance with Law. The City agrees to conduct its work under this Agreement in
compliance with all applicable provisions of federal, state, and local laws, ordinances,
or regulations, The City is responsible for obtaining and complying with all federal,
state, or local permits, licenses, and authorizations necessary for performing the work.
Default and Remedies.
Events of Default, The following shall, unless waived in writing by the
County, constitute an event of default under this Agreement: If the C'ity fails
to fully comply with any material provision, term, or condition contained in
this Agreement.
Notice of Event of Default and Opportunity to Cure. Upon the County's
giving the City written notice of an event of default, the City shall have thirty
(30) days in which to cure such event of default, or such longer period of time
as may be reasonably necessary so long as the City is using its best efforts to
Cure and is making reasonable progress in curing such events of default (the
'Cure Period"). In no event shall the Cure Period for any event of default
exceed two, (2) months. Within ten (10) days after receipt of notice of an
event of default, the City shall propose in writing the actions that the City
proposes to take and the schedule required to cure the event of default.
ii Remedies. Upon the City's failure to cure an event of default within the Cure
Period, the County may enforce any or all of the following remedies, as
applicable:
(a)
(c)
The County may refrain from disbursing the grant monies; provided,
however, the County may make such a disbursement after the
occurrence of an event of default without thereby waiving its rights
and remedies .hereunder.
The County may enforce any additional remedies it may have in law or
equity.
The County may teminate this Agreement and its obligation to
provide funds under this Agreement for cause by providing thirty (30)
days' written notice to the City, Such notice to terminate for cause
shall specify the circumstances warranting termination of the
agreement. Cause shall be a material breach of this Agreement and any
supplemental agreement or modification to this Agreement. Notice of
Termination shall be made by certified mail or personal delivery to the
Authorized Representative of the other Party, For purposes of
termination and default, all days are calendar days,
L. Non -Appropriation. Notwithstanding any provision of this Agreement to the
contrary, this Agreement may be terminated by the County in the event sufficient
funds from the County, State, or Federal sources are not appropriated, obtained and
continued at least the level relied on for the funding of this Agreement, and the non -
Dakota County Contract #00027902 Page 16 °CS
5HIP
appropriation of funds did not result from any act or bad faith on the part or of the
County,
M. Ownership. of Materials and Intellectual Property Rights.
1. The County agrees to, and hereby does, assign all rights, title and interest it
may have in the materials conceived or created by the City, or its employees
or subgrantees, and which arise out of the performance of this Agreement,
including any inventions, reports, studies, designs, drawings, specifications.,
notes, documents, software and documentation„ computer-based training
modules, electronically, magnetically or digitally recorded material, and other
work in whatever form ("Materials").
ii. The City represents and warrants that Materials produced or used under this
Agreement do not and will not infringe upon any intellectual property rights
of another. City shall indemnify and defend the C'ounty, at its expense, from
any action or claim brought against the County to the extent that it is based on
a claim that all or parts of the Materials infringe upon the intellectual property
rights of another.
The rights and remedies herein specified are cumulative and not exclusive of any rights or
remedies that the Authority would otherwise possess.
7, Special Condition. The City understands and agrees that it will perform the work
contemplated by this Agreement in such a way as to comply with and enable the County
to comply with all of the requirements imposed upon the County by Grant Agreement
No. 100381, attached hereto as Exhibit A and incorporated herein, including but not
limited to the following:
A. Any publicity given to the activities occurring as a result of this Agreement, including
notices, informational pamphlets, press releases, research, reports, signs and similar
public notices shall identify the State of Minnesota through the Minnesota State
Department of Health (-Department") as a sponsoring agency and shall not be
released unless approved in writing by the Department's authorized. representative.
B. The City shall indemnify, save and hold the Department, its representatives and
employees harmless from any and all claims or causes of action, including reasonable
attorney fees incurred by the Department, arising from the performance of the
activities funded by this Agreement by .the City or its agents or employees.,
C. The City, by executing this Agreement, grants to the .Department a perpetual„
irrevocable, no -fee right and license to make, have made, reproduce, modify,
distribute, perform and otherwise use the Materials for any and all purposes, in all
forms and manners that the. Department, in its sole discretion, deems appropriate.
Dakota County Coratnet li.0002.7902 Page ,•".7• of 8
SHIP
below,
N WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
Approved as to Rim: COUNTY OF DAKOTA
is/ Joseph E. Trojack 4/29/16 By:
Assistant County Attomcy/Date Steven C. Mielke
KS -16-171 Title: Director, Physical Development Division
Rescdution No, 16-177 Date:
Contract No. C0027902
CITY OF MENDOTA HEIGHTS
By:
Mark McNeill
Title: City Administrator
Date:
By:
Title: Clerk
Date:
Dakota County Contract 4C0027902 1 uge I
SHIP
Dakota County Contract #C0027902
Exhibit A - Page 1 -of 6
Grunt PT 0 ect Agreementl\ltuiber 100381
Betwken the tv'litinescrts. Dt[artment ocHealtit and Dakota Comity Community HerlIth Board
:Minnesota Depart:meta of Ile aIth ."
Community TifesIth Board Grant Broject A.„0;reement
This Giant Project Agreement, and amendments and supplements, is between the State of Minnesota, acting,
through its Commissioner of Health ( "STATE") arid Dakota County Comirmanity Health Board, an independent
organization., not an employee of the State of Ivlinnesota, address 1 Mendoata Rd. W., Suite 410, West St, Paul,
k.41`1, 55118, ("GRANTEE").
1. Under Minnesota Statutes 144.0742, the STATE is canpowered to enter into a contractual agreement for the
provision of statutorily prescribed public heal service:
2, The STATE and the GRANTEE have entered brio Master Grant Contract number 12-700-00068 ("Mastor
Grant Corn -act') effeetiye January 1, 2015 or subsequent Master Giant Contract and amendments and
supplements thereto;
3. The STATE, pursuant to Minnesota Statutes 145.986 is empowered -to award State-wide he th Irnprovnueiki
Program (hereinafter "SEEP') [gents to convene, coordinate, and implement eviciemoe-basect strategies
targeted et reducing the percentage ofMinnesotaris who are obese or overwe! If arid at re mgthoue of
tobacco; and
4. 'Ile GRANTEE represents tba.tit is duly qualified and willing to perform the duties described in this grant
project a groomed to the satisfaction of the STATE. Pursuant to h/liapesots Statutes Section 161398,
subdivision 1, the GP.ANTEE agrees to minimize administrative costs as a condition of this grant,
NOW, TEEREPORE, it is agreed:
1, Incorporation of Mute', Crap! colu'ract. All terms and conditions of the Master Grant Contract are heraby
incorporated by reference into this ant project statement
Z. Term of Agreaaiera,
2.1 Effective date, 'This grant project agreement shall be effective on November 1, 2015, or the date the
STATE obtains all required eignsiture4 wader Minnesota Statutes 1613.98, Subd. 5(a), whichever is later,
The GRANTEE mast not begin work ninth this contract is fully executed and the State's Authorized
Representative has notified the GItANTEE that work may commence,
2.2 LT`xpiratian date. October 31, 2020, or until all obligations bane been fulfilled to the satisfaction of the
STATE, whichever occurs first, except for the requirements specified in. this grant project agreement with
completion dates which extend beyond tlio tennination date specified in this sentence,
3, Grantee's Duties aruf Rcspuirsibilttles. 'The GRANTEE shall:
A. Comply with the following rant requirements:
General
1. Work With STATE to finalize 'GRANITIC -1's yearly work plait and budget. The annual budget
and work plan must be approved by STATE by November 1, and is incorporated into this
GRANT PROJECT ' * by reforcnoc.
09/201.4 OracrtProjmt:AgrmagmtPago 1
DAkola County Contract #C00Z7902
ExhiNI A - Page 2 of 6
Grant Project Agreement Number
Between. tle 1 rnect De-partrnent of Health and D kata Comty Coarrninity HeathBad
Perform the activities approved in the work plan. GRANTEE should contact the STATE if
GRANTEE is no longer able to -fulfill a work plan a.etivity and GRAMEE should requost
appr9yal before pursuing any additional activities not described in the original workplan, If
grant deliverables are not completed satisfactorily, the STATE has the authority to withhold
and/or recover funds.
- '
3. Designate or hire a full-time 81111.) project coordinator or equivalent. Oil tintee's budget must
incitirde a minimum of one FIE to coordinate the activities of the grant.
4. Designate a SHIP staff person to facilitate evaluation tasks and communicate with MDH
evaluation staff and contractors.
5. Desimite, hh or ciattraztprvj ect, fiscal, and administrative staff with the appropriate
training and experience to implement all SHIP activities and to fulfill payroll, accounting, and
administrative functions.
6. Participate in site visits and grant reconciliation processes wi the STATE,
7. Participate in regularly scheduled calls and meetings with corm -twilit -I specialists,
8. Participate in STATE-sPonsored technical assistrince atis webinars andtrainings.
9. Attend STATE -sponsored conferences, meetings and in-person frainings.
10. Comply with MDR product approval autiined in the Communications Guidance and Matciials
document on the SIIIP website).
11. Allow /V1DEI and others to use any products or materials produced with SDP funds.
Reniorting
1, Participate in all required evaluation activities as outlined in the SHP Application.
2. Completed progress and evaluation reports wili be due quarterly, a schedule foryears 1 and 2
quarterly reporting is provided below. MDF{ will provide guidance regarding -the required
content of the reports.
09124
Year 1
Reporting Period Report Submistdon Date
Noventber 1, 2015 - January 31, 2016 February 29, 2016
February 1, 2016 - April 30, 2016 May 31, 2016
May 1,7016.- filly 31, 2016 . August 30, 2016
AuguSt 1, 2016:- October 31, 2016 November 30, 2016.
Year 2
ReporfingPeriod Report S'abmission Dat
November 1, 2016 - January 31, 2017 February 28, 2017
February 1, 2017 - April 30, 2017 May31, 201.7
May 1, 2017 -July 31, 2017 August 30, 2017
August 1, 2017 October 31, 2017 November 30, 2017
Or Ita mutt!' Non 2
Dakota County Contract #C0027902
Exhibit A Page 3 of 6
Grant Projoct Agroernort Nuiaber
etmeen the Minnesota Department. of Health and Dakota Coma)/ Corn:rnmuTty Health Board
Financial:
,I. Adhere to the request and approval process set &tilt by the STATE in the SLOP 4 Grantee
Firnancial Reference Guide.
•
2. Obtain prior approval flour MDII for all subcontracts or naini-gants over $5,000, significant
changes in grunt activities, changes of more than 10 percent to any budget line item, surveys
and out-of-state travel.
3. Act in a :Esc y-respousible manner, including following standard accounting procedures,
charging the SHIP grant only for the aotivitieS stated in the grant agreement, spending pmt
funds responsibly, properly accounting for how p ant finds are spent, maintaining financial
recordsto suppoit expenditures billed to the grant, and meeting audit requirements,
4, Ensure that a kcal match equaling at least ten percent of dm total funding award is provided
and dommaentod.
Ensure that administrative costs aro explained and jUstifiable. The STATE will accept -up to
the grantee's current federally approved rate. If GRANTEE does not have a federally
approved indirect cost rate, the STATE will accept an indirect rata of up to 10 percent of the
total grant award.
6, Report to the Sl'AIE other funding sources, in.cluding grants from other sources, that are
directedtoward tobacco and obesity," and have accounting systems in place to track SHIP -
funded acti-vities separately from activities funded through other sources,
7. Comply with the Minnesota Government Data Practices Aet as it applies to all data created,
gathered, generated, or acquired under' the grant agreement
8, Ensure SHIP funding does not supplant work funded, through other S011ite.3. Use SHIP funds
to develop new activities, expand or modify current activities that work to reduce tobacco use
and exposure and prevent obesity, tuidfor replace discontinued funds from the STATE, the
federal government, or another third party previously used to reduce tobacco use and
exposure andprevent obesity', GRANTEE may not use SIM) funds to replaw federal, state,
local, or tribal funding GRANTEE currently uses to reduce tobacco use incl exposure or
, prevent, obesity,.
Lobbying
1, Ensure funds are not used fon lobbying, whieh is defined as attempting to Influence
legislators or other public officials on behalf of or against proposed legislatim Providing
education about the importance of policies as a public health strategy is ,allowed with SHIP
ftmcls. Education includes providirg facts, assessment data, reports, program descriptions,
and 'information about budget issues and population. impacts, but stopping short of making a
recommendation on a spec- ifie piece of legislation. Education may Be provided to legislators,
publio policy makers, other decision makers, specific stakeholders, and the general
community. Lobbying restrictions do not apply to internal or non-public policies.
4. Consideration and Payment.
41 Consideration. The STATE will pay for all servi�s perflrrnr1 by the GRANTEE under this grant t
agreement as follows:
(a) Compensation.The GRANITM will be paid monthly, on a reimbursement basis for services performed
and acceptance of such services by tato STATE'S AuthoiheU Repteseutative, except the STATE reserves the
right not to bonor invoices that aro submitted mote than 30 clays after the s bmission date speciBed
09/2514 Grant PI -eject Agit-nt pm,:
•
Grant Project AgrcementiNTornber
1aWCCE1 the Minnesota DepartTrxu of Ffrattla and Dakota Co rarity Community Health Board
Budget periods for the five years ate as follows:
Year 1, bTo-vevriber: 1, 2015 through ()Gibber 31, 2016
Year 2, November I, 2016 through October 31, 2017
Year 3, November 1, 2017 through October 31, 2018
Year 4, Novernber 1, 2018 through October 31, 2019
Year 5, November 1, 2019 througA October 31, 2020
Dakota County Contrac1CD027902
Exhibit A Page 4 of 6
MS,704,00
$789,859,00
$782,859,00
$732,359,00
$78.2,859,00
(7) Total Obligation. Tho total ohligatiou of the STATE for all compensation and reimbursements to the
GRANTEE under this grant project agreement Tritl not edThree million nine himdred fourteen thousand
one hundred fo.tty dollars ($3,914,140.,00).
(c) Budget Afaclificaticps. Modifications greater tban 10 percent of any 'budget line item in the most recently
approved budget (lfated in 4.1(a) oancorpervied ExhibitB) let:Fires prior approvalftom the STATE and
mut be indicated en submitted reports. Failure o obtaba prior approval ibr modifications greater than 10
percent of airy budget lino item -may result in denial of modification request andier loss ()Maid's,
Modifications equal to or less than 10 percent of any budget line item are permitted withoutpriarproval
from the STATE provided th such modification is indicated on submitted reports and, that the total
obbiga' lion of the STATE for all compensation"and reinabursomenta to the GRANTEE shall not exceed the
total obligation lista' in 4,1(b) or Exhibit B,
4.2 Prins of _Payment.
(u) Thvoices, The State will promptly pay the GRANTEE after the GRANTEE presents an itemized invoice)
for the services actually performed and the STATE's AnthorizedRepresentative accepts the invoiced
services. invoices must be sobniftted in a trimly fashion and according to The following scbedalesInvoices
shall be completed on a form prescribed by fire RIATE for each month and Submitted within 45 days after the
end of the month,.
(b) Matching Repfrements. GRANTEE certifies that the following matching requiremeut, for the part, will
be met by GRANTEE: A local match of tea percent of the total fimding allocation will be provided and
documented.
5. Concii4ions of Pcryrnent. All cervices provided by GRANTEE pursuant to this grant project agreement must
be performed to the satisfaction of the State, as determined in the sole diScretion of its Authorized
Representative Further, all services provided by the GRANTEE ilust be in accord with all applicable federal,
statn, and local laws, ordinances, rules and regulations.
6. Ownership orEquipmeat The STATE shall have tbe right to require transfer of 1 equipment purchased
witii grant funds (including title) to the STATE or to an eligible non -STATE party named by the STATE,
This right will normally be exeroised by:the STATE only if the prOject or program for which the equipment
was acquired is transferred from OM grante'to another,.
7. A trtho rhea Represerreatives,
7.1 STATE's Aitthorizie 1teiresentcaive, The STATE's Authorized Representative for purposes of
administering this grant project agreement is Susan Michels, Supervisor, Conrounaity Initiatives, Office of
Statewide Health Improvement 15 East Seventh Place, P.O. Box 64182, St Paul, Minnesota„
55161-0832, Phone: 651-201-4564, Email: susaninichels@state.mmus, or bis /her successor, and has the
responsibility to monitor the GRANTEE's performance and the fatal authority to accept the services provided
under this gall project agreement If the services aro satisfactory, the STATE' s Authorized Representative
win. certify acceptance on each invoice submitted for payment.
7.2 GRAN'I's Authorized Represeritattve, The GRAITIM's Authorized Representative is Bonnie
Br-limbo:eh CRS Administrator„ 1 Mendoata Rd.:W., Suite 410, West St, Paul, MN, 55118,
OW24)14 l'rej A Eirmalezt ?qr. 4
„7:
Dakota County Contract #C0027902
Exhibit A - Page 5 of 6
Grant Project AgreementNumber
Between the Minnesota Department of Health and Daknta County Community Health Board
bonrde.brueshcff@cmdakotarrunus or hisifler successor, The GRANTEE's A trtliorizecl Repres^enhative has
full authority to represeat the GRANTEE in fulfil anent of the teams, conditions, and reqprirements of this
agreement. U GRANTEE selects a new Authorized Representative atany time during thiS grant project
agracinent, the GRANTEE must immediately no tifY the STATE, ,
8. Terrninaiion.
8.1 Termination by the ,ClAn; or GRANTEE'. The STATE or GRANTEE may cancel this grant project
agreement at any time, with or without cause, upon thi' rty (30) days written notice to the other patty.
8.2 Termination for Cause. If the GRANTEE fails to comply with the provisions of this grant project
ag-reemcnt, the State May terminate this grant project agreement without preindice to the right of the STATE
to recover any money previously paid. The terrain afion shall be effective Eva business days after the STATE
R i 1.9; by ilMtifitcl. mail, return receipt requested, written notice of terroination to the GRANTEE at its last
known address,
8:3 Ten mf ti(cierit Funding. The STATE may immediately terraba" ate this y ant 'project
agreement if it does oat obtain funding from tho MinnLota legislature or other funding som-ce; or if funding
caimot he GOTIbumed at a level sufficient to allow for the payment of dm work scope -covered in this grant
project agreement "l'erminatioa must be by written (e ,rnail, facsimile or )etter) notice tothe GRANTEE, um
STATE is not qhligatod to pay for any work pmforrned after notice and effective ; to of the tennination.
1-lowever, the GRANTEE will be entitled to payment, determined on apro'rata basis„ for services
satisfactorily petfontaed to the extent that funds are available, The STATE will not be assessed any penaltjr if
this „4, ant project agreement is terminnted because of the decision of the Minnesota legislature; or other
finding sot -tree, not to appropriate finds, The STATE must provide the GRANTEE notice of the tack of
fending within a reasonable time of lie STATE receiving notice of the same.
9. Publicity. Any publicity given to the program, publications, cr Services provided !Gm this grant project
agreement, including, but not limited to, notices, informational pamphlets, press releases, research, teports,
sival,, and similar public) notices prepared by, or for the GRANTER or its emp1o3rces individually orjoint'
with others, or any subgranteas shall identify the STATE as a sponsoring agency and shall not. beteleased,
unless such release is approved in advance in writing by the STATE'S Authorized Representative.
•
emot,4 covir,voica Aye man t Pzgc
Grant Project AgeententNamber
Between tfie116±.1nesota D rhnrTt ofHeaith and Dakota County Cona_onnity J-Icaltii Board
IN wrarEss WHEREOF; the part s
be bound thereby.
APPROVED;
a e
caused this project agreemen
Dakota County Contract #C0027902
Exhibit A - Page 6 of 6
be duly executed intendingto
1, GRANTEE 2. STATE AGENC'Y
The Grantee certifies that the appropriale persons(s) have Project Areeznerd approval and certification that STATE
«ccndent" the project agreement 011 behalf ef the Grantee as fields have bean encumbcred as required by Mina ,n5t...
reiptred by applicable firticles, bylaws, resolutions, vr ,¢§ 164,15 arui I 6C.05.,
ordinance, .
Title:
Date;
By:
We;
Date:
Bistribletior
I. 41,1D.11 (Orfgfnq/fiUy executed Grant Project Agreemen)
2 Grantie
3. Slate Aid-lion:zed itepreser&tive
Date: I:2D he)
09/2014
Glant Pmject Agreement Page 6
Dakota County Contract #C0027902
Exhibit B - Page 1 of 2
II Ar
Mendota Heights Contract Deliverables for the Dodd Road/Mendota to Lebanon Greenway Feasibility
Study Funded by the Statewide Health Improvement Program (SHIP)
Scope of work to be conducted by the City of Mendota Heights
• Complete a feasibility study to analyze pedestrian and bicycle facility options in the Dodd Road
corridor and design options for the Mendota -Lebanon Greenway along Dodd Road
• Develop and assess potential pedestrian and bicycle improvement options for the Dodd Road
Corridor
Develop and assess potential shared use trail options for the Mendota -Lebanon Regional Trail
alignment
Develop cost estimates for evaluated improvements
• Identify preferred improvements
• Develop and assess potential connections to existing nonmotarized transportation
infrastructure and transit in the corridor
Work with MNDOT to incorporate the Dodd Road trail improvements into the MNDOT Highway
149 reconstruction project and include the County in those discussions
• Complete feasibility engineering (10% plan set) for the preferred improvement options
• Evaluate benefits and impacts to SHIP priority populations (people 60 or o)der, children, and
people with low incomes or others experiencing a health disparity)
o Direct and manage any consultant hired to work on the project
Public engagement
•
City staff will work with the Dakota County Physical Development Division (DCPDD) and Public
Health Department leads to prepare a public engagement plan, The project will include
engagement of key stakeholders, including
o Affected property owners
o Residents
O Representatives of SHIP priority populations
o Dakota County
At least 1 meeting with the Mendota Heights City Council will be held on the topic
The City will acknowledge funding and support from the Dakota County Public Health
Department and the Statewide Health Improvement Program in the finial documents, open
houses, public materials, public meetings and news releases, This will be done by either
including the SHIP and County Logos and/ or the following language "Supported by the
Statewide Health Improvement Program, Minnesota Department of Health and the Dakota
County Public Heolth Department"
Dakota County Contract #0)027902
Exhibit B - Page 2 of 2
Anticipated non -motorized transportation strategies to be evaluated
Instal 'atm of a shared use trail on one or both sides of Dodd Road the ength of the project
corridor
Installation of on -street bicycle facilities on Dodd Road the length of the project corridor
Installation of a sidewalk on one or both sides of Dodd Road the length of the project corridor
Some combination of the above strategies
Report on strategy outcomes (ongoing throughout the contract period)
• The City's project lead will check in with Dakota County Physical Development Division (DCPDD)
staff regularly (at least monthly) to communicate progress on the project
• The City's project lead (or other city representative) will provide a brief project update at the
quarterly Active Living Dakota County meetings throughout the contract period
• City staff will contribute to nominal evaluation and reporting as required by the Minnesota
Department of Health
• City staff will collect stories, quotes, photos, and comments of and about people who would be
affected by improvements
City staff will submit a summary of public engagernent activities and comments at project
completion
City staff will submit an electronic (pdf) copy of the final report at project completion
Communication with DCPDD staff (ongoing throughout contract period)
• The City's project lead will communicate regularly with the DCPDD lead to discuss action items,
next steps and the project in general
• The City's project lead will copy the DCPDD lead on important email communications
• City staff will keep a log of pertinent activity and hours spent on the project for reporting to the
Minnesota Department of Health (MDH) to show in-kind contributions to the project
• DCPDD staff will share information with Public Health staff who will communicate with MDH
DCPDD Staff will provide the following project support
• Provide input and feedback regarding the project
Provide necessary data and information to conduct the work as available
Timeline
Project kickoff in spring/summer of 2016
Meetings with City Council by June 1, 2017
Completion by August 1, 2017
Final billing by September 15, 2017
Adoption, acceptance or other City Council action before October 1, 2017
Delivery of final study report to DCPDD by October 1, 2017
Dakota County Contract #C0027902
Exhibit C - Page 1 of 12
11011jct.orN Curve j menoota Heughts, MN 551•11,ij:
6511.4.52.1850 phone 651rd:52,894W ,JJ"Jue
JeNeer mercuIumheughtseJ.pre
January 28, 2016
city oF
MEN:DE/TA HEGHTS
Active Living Dakota County
ATTN: Lil Leath=
Via Email: Lil,Leatham(q?CO,DAKOTA.MN.US
RE SHIP Application for Local Funding
CIty-wide Bike and Pedestrian Plan/Dodd Road Corridor Study
Dear Ms, Leatham:
On behalf of the City or Mendota Heights, please accept the attached Statewide Health Improvement
Program Application for Local Funding.
The City is requesting $35,000 in funding to update thc existing Trail Improvement and Management
Plan. The proposed planning process would include targeted stakeholder engagement to identify existing
deficiencies, based on connectivity to key destinations and regional corridors, and prioritize future
improvements. In addition, the updated plan would include. an in-depth analysis of the Dodd Road
corridor in order to identify opportunities and constraints to establishing a safe trail facility. The corridor
is a major north south transportation connection through the city and is identified as a potential greenway
route in the County's Mendota -Lebanon Hills Greenway Master Plan and as a Regional Bicycle
Transportation Network Corridor by the Metropolitan Council.
It is our understanding that the Minnesota Department of Transportation is planning to rehabilitate Dodd
Road (State Trunk Highway 149) in 2018. In order for trail facility options identified as part of the
proposed planning process to potentially be incorporated into the design of the project, the City
respectfully requests that the grant award be for the 2016 funding year..
We appreciate the selection committee and County Board's consideration of our funding application and
for the past support on transportation planning initiatives in the City of Mendota Heights. If you have any
questions regarding the application, please contact me at 651.255.1142 or nolanwgmendota-heights.com.
Sincerely,
Nolan Wall, A1CP
Planner
Attachment: SHIP Application for Local Funding
Dakota County ConLrac #C0027902
Exhibit Page 2 of 12
Active Living Dakota County
Statewide Health p ovement Program
(SHIP)
/������~����0-~���� for Local ������~�~����
�������u�~��u-u���� ����x~��& Funding
Deadline: 5 p.m. Friday January 29, 7016
Dakota Countys Statewide Health mprovernent Program(SH|P4)isfumdedbyagnsnt frorn the MN
Department of Health to reduce chronic disease and improve health for all. Active Living Dakota County
seeks proposats for projects meeting criteria to advance SHIP goas for Active Living and Healthy Eating
strategies for years 2016-2017. Projects could inciude policies, systems, environmental (PSE) changes
and pans to increase active iving, access to healthy food, and health equity.
Active Living
Active living integrates physical activity into daily routines such as waiking or bicyclinging for recreation,
occupation, or transportation. The active llving component of SHP mpIernents policies. and practices
that provide safe and convenient opportunities for physical activity. Active Living policies and practices
in community design, land use, site planning, and facility access have proven effective to increase levels
of physical activity.
The objective ofthis strategy 15 to increase and bicycling in the comrnunity. A comprehensive
approach through policy, system, and environmental changes is known to lead to physical activity
behavior changes wben done together, Priority SHIP activities are
~ Master plans, comprehensive pans, and feasibiijty studies that provide a framework to
increase access to safe walking and bicycling options
�
Land Use and zoning regulations that support increased walking and bicycling
• Increased access to facilities and opportunities for SHiP target populations (people 60 or older,
children, people with low incomes or others experiencing a health disparity)
Infrastructure is not eligible under state guidelines. but there is some room for interpretation as to what
is infrastructure, If you have an idea, contact us and' we'II check with the state whether it rs eligibie.
Healthy Eating
Healthy Eating is increasing the consumption of fruits and vegetables while reducing consumption of
saturated fats, sodium, and added sugars. These dietary behavior clianges together have the greatest
impact towards improving the risk factors most related to the ieading causes of death and disability
(obesity, hypertension, and high choFesteroi)
tatelAide
vi,Ah Program
ne6//x
Dakota County Contract #C0027902
evmwC Page 3 of 12
The objective of this strategy is to increase access to healthy, affordable, and safe foods for all
Minnesotans. Priority SHIP activlfles are:
w
Comprehensive plans that include healthy food access as an important component of ocal
governments' overall infrastructure, land use, zoning, and transportatlon planning
� FannerammarketsestabUshed in communities were chroriic disease rates are high or access to
fruits and vegetabJes is chaUenging
w
Community based agriculture
Ernergency food systems/programs that help food shelf operators increase access to healthier
food options
�
Food retail programs and policies that increase healthier food options at corner stores, groc ry
stores, vending machines, and nonchain restaurants
Eligibility
Dakota County and cities in Dakota County are eligible to apply for local funding to enhance active living
and healthy eating,
�
Be scheduled for final delivery/completion by Oct. 1, 2017, or have additional funding secured
to compete the project beyond this date. Projects may be partitioned to meet this criteria, Le.
SHIP funding pays for a particular component that wiU be completed by Oct, 1, 2017, while the
larger project wiU continue beyond the deadJine.
�
Must provide a 10% match (cash or in-kind).
� Must be a city -county partnership. For exampJe, a traiJ feasibility study must be connected to a
county road or regional/county park, trail or greenway; a city-wide pedestrian and bicycle plan
or heaithy food plan will include county facllities,
m
Must be consistent with SHIP goals, direction, and eligible expenses. More information in the
SHIP 4Implementation Guide:
httc2Yvyvvvv.uea|tbLstatemn.us/hea[threfo[hi ^ docs 'shl°4/ActivoLivinu.Pdt
bttp://vvvvvv.hea|th.state'mn.us/hea|threfo/m/ship/docs/ship4/Hea|thy'Eatin8.pdf
Does the project meet minimum eligibility criteria as far as you know? Describe any unusual
circumstances regarding schedule or eligibility below,.
rYes, the proposed project meets the criteria,
Statewide
HeaBth
Improvement
ed,a,. Program
wcx/`*
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2
Basic in or
10 ti
Dakota County Contract ftC00,2702
Exhibit C - Page 4 of 12
Organization or city: City of Mendota Heights
Contact person: Nolan Wall, City Planner
Contact emaik nolanw@rnendota-heights.com
Contact phone: 651.255.1142
Project name (one line or less): City-wide Bike and Pedestrian Plan/Dodd Road Corridor Study
Project narrative
Concisely describe the project in two pages or less. This should give reviewers a good idea of what
you're proposing but not get too specific. Be sure to articulate the following:
1. How the project will encourage active living and/or healthy food access?
2 How the project will increase health equity in Dakota County?
3. Describe how the project is a city -county partnership,
4. Attach maps or figures to illustrate the project, if available (not counted against your page limit
Note that this section is not directly scored but will form reviewers' general understanding of the
project.
Statewide
Heatth
lt,,,,,111,111111111,11
lmpoverueii
a Program
r rt
t
Dakota County Contract #0)027902
ExNbil C - Page 5 of 12
The City of Mendota Heights completed a Trail Improvement and Management Plan in 2012. Since
then, several local and regional trail projects have been constructed within the city, including the River
to River Greenway. The city is requesting $35000 to engage various stakeholders to update the plan,
as well as conduct an in-depth analysis of the Dodd Road corridor in an effort to identify safe trail
facility options and funding sources
The plan provides a framework to increase access to safe walking and bicycling options. In addition,
it will identify existing facilities and deficiencies based on connectivity to key destinations and regional
corridors.
The plan will increase health equity and access by analyzing existing and potential connections to
destinations that could be accessed by walking/biking. The plan will include stakeholder engagement
outreach to certain user groups that are more likely to depend on non -motorized transportation,
seniors, and children. Dodd Road is a key north••south transportation corridor through the city that
requires a detailed analysis to identify opportunities and constraints to establishing a safe trail facility.
In addition, as part of the Mendota -Lebanon Hills Greenway Master Plan, Dodd Road is identified as a
potential greenway route.
The Mendota -Lebanon Hills, and River to River Greenways both traverse Mendota Heights. The plan
will analyze the existing connections to these regional corridors to encouragelconnectivity arid access.
Scored criteria
Each eligible project will be evaluated on the foUowing 10 criteria, weighted by the percent listed to
arrive at a composite score.
Alignment with SHIP strategies a d priority activities (15%)
Describe how this project addresses SHIP strategies and priority activities related to active living and/or
healthy eating.
The proposed project will address active living by inventorying and analyzing existing and future trails
for walking and bicycling for recreation, as well as access to employment and other services that may
replace vehicle trips. The project will also identify policies and prioritize future improvements to
ensure safe and convenient opportunities for physical activity.
In addition, the city recognizes the need to establish a major north -south trail connection that ties
into the existing local and regional system. As a result, an in-depth analysis of the constraints and
opportunities for establishing such a facility on Dodd Road is proposed to be included in the updated
plan
Merida
Health ri
etiolate , d
Program
Pau' (Mmionfrxwo
4
Dakota County Contract #o0027902
Exhibit C Page «oro
Describe the project's community engagement approach, including how you wiU engage SHIP target
popuations (people 60 or oder, chiIdren, people with Iow incomes or others experiencing a health
Community engagement will be emphasized in the proposed planning process. In an ort to
recognize the SHIP target populations, the following approaches may be undertaken:
• Open houses at senior Iiving/affordableable housing facilities
� Focus group discussions and surveys at ocal elementary, middle, and high schools
�
Public meetings with the Parks and Recreation Cornmission (monthry)
°
Workshop with Dodd Road corridor property owners
� Attend Conimunities of a Lifetime lnitiative meetings
w Information booth at the Parks Celebration
�
Online survey
• Articles in city cornrnunications
Benefit to target }/opuolations (10%)
Describe how the project will benefit and advance health equity for target populations (people 60 or
older, children, people with low incomes or others experiencing a health disparity) by creating or
enhancing opportunities for physical activity through active living and/or creating or enhancing
opportunities for healthy eating.
The proposed project will benefit and advance health equity for the targeted populations through
community engagement to ensure the existing trail facilities are adequate, while planning for future
improvements and continued maintenance that enhance the quality of life within the city for residents
and trail users.
In addition to recreational use, access to various destinations via trail facilities encourages non -
motorized transportation which contributes to a healthier lifestyle and can reduce environmental
impacts. Specific destinations that will be analyzed for the targeted populations will include
grocery/convenience stores, commercial areas, high density residential developments, senior
housing, parks, and schools.
Location --Proximity to target population and pea/bike demand or low
access to healthy food (15%)
Describe the project's proximity to target populations (people 60 or oder, children, people with ow
incomes) and either
1. identify high pedestrian/bicyclist demand (population density, near p oy ent area
shopping districts, commuriity destinations} or
Statewide
m��Hull il '�
�� p���/K_�Improvement 1, � ., ,/ „
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5
Dakota County Contract #C0027902
Exhibit C - Page 7 of 12
2. Show poor access to healthy food (food deserts/or far from grocery stores or other food
providers).
Please attach a map of the project location or describe the project location below, If your project does
not include a spatial element, state how many residents in the target population will benefit from the
project and how,
The proposed project would update the existing Trail Improvement and Maintenance Plan to include
new local and regional connections and prioritize future improvements, which would benefit the
entire community and trail users.
Included in the plan update will be a detailed study of the Dodd Road corridor, which is a state highway
that carries approximately 5,000-9,000 vehicles/day and has limited trail facility opportunities in its
current condition. It is a major north -south connection through Mendota Heights and the corridor
includes the following major land uses:
Somerset Elementary School
Mendota Heights Par 3 golf course
The Village at Mendota Heights (mixed use development)
Village Commons (60 -unit senior apartment building)
Mendota Plaza (commercial development)
Parkview Plaza (65 -unit senior apartment building)
White Pine Senior Living (46 -unit assisted living/memory care building)
Mendakota Park (20 -acre community park)
Convent of the Visitation School
In addition, the corridor includes connections following uses in close proximity:
•
ivy Hills Park (9 -acre neighborhood park)
Wentworth Park (10 -acre neighborhood park)
Valley Park (94 -acre park and natural area)
Dodge Nature Center/Friendly Marsh (200 -acre natural area
Henry Sibley High School
St, Thomas Academy
Convent of the Visitation School
Friendly Hills Middle School
Friendly Hills Park (15 -acre neighborhood park)
See the attached map for more information.
Statewide
Health P f
Improvement
e.„,sho Program'
111111,1111,,,
mm..9.neo'llburvP
6
Dakota County Contrac#C0027902
Exmm,c Page avr1u
Number of overall residents who will benefit (10%)
Estimate the number of overall residents (target population and general population) who will benefit
from this project and explain why. If your project does not include a spatial element, please state how
many residents overall wiI benefrt from the project and how.
The proposed project would benefit the en re community (I2/000+ population), as well as regional
trail users and commuters.
.egionaKvalk&e (1.5%.
s your project connected to an existing or future faciIty of regional significance? Examples include
regional greenway corridors, county or state highways, regional parks, regional commercial districts and
community centers, a healthy food access plan that can be used as a model for other Dakota County
communities.
The following regional trails/greenways traverse Mendota Heights:
* Big Rivers Regional Trail
� Rver to River Greenway
• Mendota -Lebanon Hills Greenway
Dodd Road is a state highway that provides a key north -south corridor through the city that connects
neighborhoods to parks, schools, and commercial districts. The proposed detailed study of Dodd Road
will make speciflc recornmendations about improvements needed to use that route as the Regional
Greenway Corridor.
Plan consistency (15%)
Identify any plans that call specifically for the project you're proposing. Plans can be at the state,
regional, county, city or area level.
The current Trail Improvement and Maintenance Plan identifies several future trail connections. Since
its development, two more regional greenways have been established andtheImportanoeofaDodd
Road faciity has heen identified. The proposed project woud update the existing information and
prioritize future improvements, including facility and funding options along Dodd Road.
Dodd Road is specifically mentioned in Dakcta County's Mendota—Lebanon Hilis Regional Greenway
Master Plan asapotential alignment. Additiona exploration ofth s route is needed, as the preterred
route lacks overwhelming support from the City and affected property owners due to potential
environmental impacts. In addition' the Dodd Road segment is within one of the Met Council's
identified Region& Bicycle Transportation Network Corridors.
��
Statewide
Health
provement
Ftvgrern
H L «
.0.1114 am
7
Dakota County coam #C0027902
CoK�b o ra. n ( . Vli))
Identify any partner organzations involved in the project and their reIationshp to the project,
°
SD 197 (communty outreach/input on safe routes to school)
w
Dakota County (regional trail connecions/maintenamce)
Dakota County Community Development Agency (property owner Iong Dodd Road corridor)
• MnDOT (collaboration on hture Dodd Road construction project)
• Communities for a Lifetime Initiative (community outreach to targeted populations)
• Mendota Heights Park and Recreation Commission, Planning Commission, and City Council
(community outreach/plan development/policy)
Le vera geK5%�
Identify how your project will add to an already programmed project, leverage additional funds, be used
as a match for a grant or otherwise will add value.
The proposed proiject woud aIow for prioritization of future capital improvements based on
identified needs, ]twill also allow the city to be eIigbe for grants and other matching funds to
imnp|ement A detailed study of the Dodd Road corridor will help position a future project for
regional and federal park/trail funding, due to its location within the regional transportation
network. It is intended that a planning consultant would be hired to complete the proposed
project's technical components, but city staff would conduct the community engagement and
agency coordination tasks as an in-kind local match,
Local match (5%)
Describe how you wiU meet the 10% match requirement. Specify the anticipated arnount in doIars and
briefly explain the sources (i,e, staff time, cash match, etc,)?
The city's required match for the proposed project would be in-kind staff time. It is estimated that
approximately 50 hours woWd be spent amongstthe Planning, Recreation, Engneering,
Administrabun,andPub|icVVorksdepartments.
tewida
Noatth
Improvement
Program
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8
Dakota County Contract /40)027902
Exhibit C - Page 10 of 12
Enduring value (5%)
What is the expected service life of your project outcomes or the duration of
y program?
r/neproposed pnqecrwuYmc[mdecost ethnatesfor identi�edneeds for indusiqninthe S�eor
Capka|KmprovementsP|an. UtisUka�that any major rpcomnmemdationsfor atadQtyonDodd Road
may require additiona funding partnerships and planning efforts prior to being implemented.
How wiIF it benefit residents Jong -term
The proposed projecwi plan for the maintenance and enhancement oftheCitystrailsystemfo,
walking and biking for this and future generations.
Who will own and maintain project outcomes r ensure follow-through on the project?
The City of Mendota Heights, in cooperation with Dakota County and MnDOT
Process
Shortly after the January 29, 2016 deadline, a multi-disciplinary/jurisdictional selection committee made
up of County, City, Minnesota Department of Health representatives, and others will review proposals.
Proposals found &igible will be scored for each criterion and compared with other projects for relative
merit. The review committee may request clarification from applicants before making its decisions,
The review committee will recommend projects worthy of funding for 2016 and 2017 funding years.
County staff will then recommend projects to the Dakota County Board of Commissioners in March or
April Successful applicants wil be notified, pending final approval by the County Board,
Contact
Contact Lil Leatham at Iii,leatham@co„clakota.mn.us or (952) 891-7023 or Mary Montagne at
marysnentamnc2cu'uakota.mm.usor(6S1)554-Gll9with any questions,
Review Committee
Please contact Lil Leatham if you would like to participate on the review committee, Members will be
asked to review and score applications and attend one meeting in early February 2016. Total time
commitment is approximately 8 hours.
Statewide
Ileatth
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Progiere
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9
Oakota County Contact #00027902
Exhibit C - Page 11 of 12
Submission
Please submit applications electronically to Li l Leatham at lil.leatham@co.dakota.mn.us by
5 p.m. January 29, 2016. Applications may be solicited again in July 2016 if funding is available.
Statewide
mprovement
.,„41 Program
1;11111,1,1,1,'
10
City of Mendota Heights
Dakota County, Minnesota
SHIP GRANT APPLICATION
Existing Trail Facilities
L140...; c kfrry Caennd fiC')IYY„�i'aaL1�
LEGEND
'1110,111111
Park/Open Space&Natural Area
School
High -Density Residential Use
enior/Assisted Living Use
ercial Area
odd Road Corridor
Trail Facility
TYPE
-•----- Off-street Trail
Lilydale Off-street Trail
° On -street Trail (wide shoulders)
••-^^•^ Proposed Regional' Trail
NOTE. Hlap Inmludes data from the 26112O 7
Trail Improvement and Maintenance Flan sand is
proposed to be updated as part of the proposed
projsct, it awarded finding.
0 0.25 0.5
Maes
Dakota County Contract C0027902
Exhibit D - Page 1 of 6
MINNESOTA DEPARTMENT OF HEALTH
MASTER GRANT CONTRACT
FOR COMMUNITY HEALTH BOARDS
THIS MASTER GRANT CONTRACT, and amendments and supplements thereto, is between the State of Minnesota,
acting through its Minnesota Department of Health ("STATE") and Dakota County Community Health Board
("GRANTEE1, an independent organization, not an employee e the Stale of Minnesota, address: 1 Mendoata Rd, W.,
Suite 410,1,Vest St. Paul, MN 55118,
1, Linder Minnesota Statute §144,0742, the STATEis empowered to enter into a contractual a rencnt for be
provision of statutorily prescribed public bean, servibeet
2 The STATE and the GRANTEE antiipate entering into project agremcntswth respect to one or more individual
grant projects.
3, The STATE and the GRANTEE wish to streamline the project est:eatit:en:Ls for individual grant projects by
incorporating by reference the provisions of this master grant contract.
NOW, THEREFORE, it is agreed.:
1. PERM' OFAOREEMEN;
1.1, Effective Date. This master grant contract shall be effective on. January 1, 2015, or the date the STATE
obtains all required signatuteS tinder Minnesota Statutes section 16C.,05, 'Subdivision 2, whichever is toter. The
Grantee must not begin wori until the STATE'S Au thoHztiel Representative has notified the Grantee that
work may commence.
1.2 Expiration Date, December 31, 2019. The STATE will enter into project agreements with tile GRANTEE for
individual grant prograi-ns and responsibilities within this aforeinentioned time frame. The expiration of this
master grant contract isnot stibject to appeal.
1.3 Survival of Terms, The following clauses survive the expiration or cancellation of this master grant cc:mit:act:.
T. Liability, 8. State Audits, 9. Data Practices Act, 10. Ownership of Materials and Intellectual Property 13„ights,
12. liirisdietion and Venire, and 13„ Disputes.
1,4 Conflict of Termi)iology:lf-gly tenn, condition, or provision of tliis roaster grant contract is contradictory to
or in coriBint with any stnailat term, condition, or provision tifla pi-Oject gnat agreement, then tlie tenn, condition,
OF provision of the'ptojee,t grant agreement shalt take precedent and control.
2, REQUIREATENTS. Require:II:tents Dfreceiying grant funds may include, but are not fimited to: financial
reconciliations of payments to GRANTEE, site visits of the GRANTEE., programinatic Monitoring of wolk
perfannedby the GRANTEE and program evaluation. The GRANTEE will not be paid for work that tlie State
deems ausabsfacrory, orperformed in violation of federal, state or local law, ordtuance, rule orregulation„
TRAVEL EXPENSES, The GRANTEE will be reimbursed for travel and subsistence expenses in the same manner
and, in no greater arriount then provided in the current "Conunissioner's Plan" promulgated by the Commissioner of
lvlinnesota IVIanagenieri and BPdget ('"M1V113"). The Grantee will no: be retrzbursed for travel and subsis¢ence
expensesineurred outside Minnesota unless it has received the STATE'S prior wi.iten approval for out of state
travel. Minnesota will be considered the home state frit determining whether travel is out of state.
TER1OVATION
4,1 Termination ky the State or Grantee. The STATE or GRANTEE thay cancel this master gratit contract
any time, with cr without cause, upon thirty (3)) days written notice to the other party.
4,2 Termination' for Cause. If the, GRAN'TEE fails to comply with the provisions of this master grant contract,
the STATE may terminate this grant contract without prejudice to the right of the STATE to recover any money
l'Antpr Gant Contrtte4 12-7(10-0006S
between the Mnmraota Dtp eoftkith end Dakota County CO lylitignity Health &rad
rage 1
8/201,1
Dakota County Contract tfrC6027902
Exhibit D - Page 2 of 6
previously paid, The termination shall be effective five business days after the STATE mails., by certified mail,
return receipt requested, written notice of tenninntion to the GRANTEE at its last known address,
4,3 Effect of Terinitration, lf rather the GRANTEE or the STATE exercises it respective tight to terminate this
master grant contract, with or without cause, or ifthis master grant contract is otherwise terminated, .ony
individual project grant agreement which incorporates the terms and conditions of this master grant contract shall
;also be terminated as of the date this master grant contract terminates,
5. ASSIGNMENT. GRANTEE shall not assign or transfer any rights or obligations under this master ant contract
-wit:hint the prior written (tangent ottiRi-STATE:
6, AMENDMENTS. Any amendments to this master grant contract shall be in writing, and wit] not bc effective until
the amendment has been fully executed by the same parties who executed the original of this _master grant contract,
or their successors in office,
LIABILITK Each party shalt he responsible for its own acts and behaviors and the results thereof The liability el
the GRANTEE is governed by3Ylinuesota Statutes chapter 466 and other applicable laws. 'The Minnesota Tort
Claims Act, Minnesota Statues section 3.736, and other applicable laws govern the STATE'S liability,
8. STATE AUDITS. Under Minnesota Statutes section 10,98, subdivision 8, the GRANTEE'S boolcs, records,
documents, and accounting procedures and practices of the GRANTEE, or any other relevant party or transaction,
are Subject to examination by the STATE, the State Auditor, and the Legislative Auditor, as appropriate, for a
minimum of six (6) years from the end of this roaster grant contract, receipt and approval of all final reports, or the
required period of time to satisfy all state and program retention requirements, whichever is later.
9. GOPERNMTENT DATA P.R/ICTICES AND DATA DISCLOSURE,
9.1 Gopernment Dettn- Practices. The GRANTEE and the STATE roust unnaply with the Minnesota Government
Data Practices Act as it applies to all data provided by the STATE under individual grant project ageements, ;and
as it applies to all data created, collected; received, stored, used, maintained, or disseminated by the GRANTEE
under individual grant project agreements. The civil remedies of Minnesota Statutes Section 13.03 apply to the
release of thei data referred to in this clause by either the GRANTEE or the STATE.
10, 011WERSHIP OF MATERIALS AA'D INTELLECTUAL PROPERTY RIG147'S
This' clause 10 shall not apply to any grottt projects involving zJie Spectal Supplernental Nutrition Prngrw for
Pliumetr, infants and Children (01JG) Trogranz end the Title V Afotert7a1 and Child Block Grant,
10.1. Execpt as otherwise. required by .Minnesota or Federal law, the. GRANTEE shall atsm all rights, title and
interest in ail of the, materials conceived or created by the GRANTEE, es' its employees or subgrantees, either
individually or jointly with others and which arise out of the perfonnance of individual grant project agreenientS,
including any inventions, reports, studies, designs, drawings., specifications, notes, documents, software and
documentation; computer based training modules, electronically, Magnetically or digitally recorded material, and
other work in whatever faun ("MATERIAL.S").
The. STATE agrees to, and hereby does, assign all rights, title and interest it may have in the MATEltIALS to thc
GRANTEE. 'Ile STATE shall, upon request of the GRANTEE, execute all papers and perform all other acts
necessary to transfer or record the GRANTEE'S ownership interest in, the MATERIALS.
10.2_ GRANTEE represents and warrants that MATER/ALS produced or used 1.nider individual grant project
agreements do not and will not infringe. upon, any intellectual property rights of another„ including but imtliirrited
to patents, capyright.s, trade secrets, trade.names, and ser marks and names. GRANTEE ball indemnify and
defend the STATE, at GRANTEES expense, :horn any action or claim brought againstthe STATE to the extent
that it is based on a claim that ail or parts of the MATERIALS infringe uuon the intellectual property rights of
another. GRANTEE shall be responsible for payrrient of any and all such claims, demands, obligations, liabilities,
costs, and damages including, but nor limited to, reasonable attorney fees arising out of this master grant co.ntract,
individual grant project. agreements and amendments and supplements thereto., which are attributable to such
Masten. Grant Ca n Tract # 12-700-0006B 1' age 2
b1wtw Ole Minncs6ta Department of I '; [tafth [Ind Dakota County Conaitaraty lIcalth. Board 8/2014
Dakota County Contract #C0027902
Exhibit D - Page 3 of 6
clainis or actions, if such a clang or action arises, Or in G.RANITES or the STATE'S 0001100 15 likely to arise,
GRANTEE shall at the STATES discretion either procure for the STAIE the right or license -to continuo using
the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS aS necessary and
appropriate to obviate. the infriagetnent ckuin This remedy of the STATE shall lie in additioo to and shall not be
exclusive of other remedies provided by law,
203. The GRANTEE hereby grants to the STATE a perpetual, irrevocable, no -fee right ad license to make, have
rnade, reproducer, modify, distribute., perform, and otherwiselise the MATERfALS for any and all purposes, in nil
formsand manners that the STATE, in its sole discretion, deems appropriate. The GRAI‘ITEE shall, upon the
request of the STATE, execute all papers and ,perfonn a1 other acts necessary, to document and secure said right
aud license to the MATERIALS by the STATE. At the request of the STATE, the GRANTEE shall permit the
STATE to inspect the original MATERIALS and provide a copy of any of the, MATERIALS to the STATE,
withoutcst, for use by the S'IATE. in any inanner the STAT.E, in its, sole Escredon, deems appropriate,.
11. Ffii)WE CPMPENS4TION. The GRANTEE certifies that it is in,compliance with Minnesota Statute„
§l 76,1S1, Subdivision- 2, pertaining to Worikers' compensation insurance coverage. The GRANITE'S employees
and agents ill not be considered STATE eMployeesi, Any claims Vaal may 'arise under the 1VI1nesota Workers!
Compensation Act on behalf of these employees and any claims made 'by any thirel party as a conSequence of any
act or omission on the part of these employees are in no way the. STATE'S obligation or responsibility.
12. JURISIIIOTION AND VENUE. This master grant contract ad thc project grant agreeements, and ainendnients
and supplements thereto, shall be governed by the laws of the State: of Minnesota. To the extent litigation is not
prohibited by section 13 of this master rant contract, venue tbr alliea1 proceedings &rising out of this master grant
contract, or breach thereof, shall he in the state: or federal emit with competent jurisdiction in Rtirnsey County.,
Minnesota.
13. DISPUTES. Any dispute shall be decided by the STATE'S Authorized Representative for the particular grant
project agreement that the dispute concerns.:The STATE'S Authorized Representative will be identified, in each
grantproject agreement between the STATE and GRANTEE. 1r GRANTEE is dissatisfied with the decision of the
STATE'S Authorized Representative: GRANTE.E!S sole and exclusive remedy is an administrative hearing before
ail administrative lay/judge urtdi r the contested case procedures of the Minnesota Administrative Procedure Act,
Chapter 14 of the Minnesota Statutes. Pursuant to Chapter 14, the administrative law judge shall make a report to
the Minnesota Cordnaissioner officaitla,'.iyho shall make the t'inall decision on the contested case, lf,GRAINTTEE
wishes to request an adilni4istrative hearing, GRANTEE must requesta hear -nig in a waiting received: by the STATE
within 30 calendar days atter the GR.A_NTEE'S receipt of the decision of the STATE'S Authorized Representative:
°Therlecision ofthe Minnesota Conamissioner Health Shall be subject to j-uilicial review as proVided in the
Telirincsota Administrative Procedure Aet at Minnesota Statutes„ §14,63 to 1469.
14. °TILER PROVISIONS
A. Contractor Debarment, Suspension Aud Responsibility Certification
Federal Regulation 45 CFR 92,35 prohibits the STATE from purchasing goods or services with federal money
from parties who have- been suspended or deliari:ed by the federal government, A party may be SI1Spiided or
debarred when it is determined, through a duly authonzed hearing process that they have abused the public
TLLd m a uritt-ts Manner. In particWeir, the federal government expects the Sl'ATE to have a i1 place
for determining whether a vendor has been suspended or debarred, and to prevent such vendors from receiving
federal' funds „
Ry signing this master grant contract, GRANTEE certnEes that it and its principals:
1. Arc not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
front transacting business by or 'al any federal, state or local g,ovcrithient dep.artineut or agency; and
IIa-vc nit within a three-year periodpreceding this: grant contract: a) been convicted of gr had a,civil
jtidgmeut rendered against them for conamission of fraud or a criniinal offense in connection with obtaining,
attempting, to rib tairt ur perfirmaing a pichlic (federal, state or local) transaction or contract; b) violated any
Master Orani; Contact # 12 -70D -0006g Page 3
belwen ht Minnesota Depernent of Health and Dekoitt Corny CDrneneni!y lkalth Boan)
Dakota County Contract #C0027902
Exhibit 0 - Page 4 of 6
federal or state antitrust statutes; or c) committed embezzlement, theft forgery, hnbery, falsification or
destruction of records, making false statements or receiving stolen property; and
3, Are not presently indicted or otherwise criminally or civilly charged by a government entity for: a)
cornainission .0f fraud or a criminal offense in connection with obtaining, attempting to obtain or performing
apublic (fe.deral, state. or local) transaction; b) violating any federal or state antitrust sia tLs ar c)
committing einbezZlement, theft, forgery, bribery, falsification or destruction of records, making false'
statements or receiving stolen propeny, and
4. Are not awant of aiw information 1113(tpOSSCSS AO owlectgc, that any subenutractur(s)lhatisill_pettianic
work pursuant to this grant contract arc in violation of any of the cern fications set forth above,
0, Audit Requirements
1, If the GRANTEE expends total federal assistance of 3500,000 or more per year, the GRANTEE agrees to
(1) obtain ether a single audit or tt program -specific audit made for the fiscal year inaccordance with the
terms of the Single Audit Act of 1984, as :amended (31 IJ S Code Chapter 75) and OMB Circular A-133,
and (2) to comply with the Single Audit Act of 1984, as amended (3 US. Code Chapter 75) and OMB
Circular A-133.
2. The audit shall be nutde by an independent auditor. An independent madam- is a state or local government
auditor or a public accountant who meets the independence standards: specified m the General Accounting
Offices "Standards for Audit of Government Organizations, Programs, Activities,. and Functions,'
3, The audit report shall state that the audit was performed in accordance with the provisions of OMB Circular
A-133 (or A-116 as applicable).
4. The reporting requirements for audit reports shall he in accordance with the American Institute of Certified
Public Accountants(A1CPA) audit g -u irk, "Audits of State and Local Governmental Units," issued, in 1986.
The federal government has approved the use of the audit guide.
5. In addition to the audit report, the GRANTEE shall provide. comments on the findings arid
recornmend.ations in the report, including a plan for corrective action taken or plann.ed and comments on the
status of corrective action taken on prim' .findings, If corrective action is not necessary, a statement
describing the reason it is not should accompany the audit report.
6, The GRANTEE agrees that the grantor, the Legislative Auditor, the State Auditor, arid tiny indepeitalent
auditor designated by the grantor shall have such access to GRANTEE'S records and financial statements
as may be neeessary for the grantorto comply with the Single Audit Acit Amendments of 1984, as amended
(31 U.S. Code Chapter 75) and OMB Circular A-133.
7. Subcontractors or federal financial assistance from GRANTEE arc also required to comply with the Single
Audit Act Amendments of 1984, as amended (31 US Code Chapter 75) and OMB Circular A-133,
S, The Statement of Expenditures form can he used for the schedule of federal assistance.
9. The GRANTEE agrees to retain documentation to support the schedule of fuleral assistance for at least four
years,
10. The GRANTEE apices to file required audit reports with the State Auditor's Office, Single Audit Division,
and with federal and stare agencies providing federci assistant; within six tumults of the grantee's fiscal
year end.
OMB Circular A-133 requires recipients of more than S500,000 M federal funds to submit one copy of the
.audit report within 30 days after issuance to the central clearinghouse at the following address:
Bureau of the Census
Data Preparation Division
1201 East 104' Street
Jeffersonville, Indiana 47132
AIM: Single Audit Clearinghouse
Mester Grant Corern.c 12-700-60068 Pegc
bcwozettle Minocsete. Department of 'Heel Lh and Dakota County Cammenity Hcen Boald 5/204
Dakota County Contract /IC0027902
Exhibit D - Page 5 of 6
Drug Free Wcftlace
GRANTEE agrees to comply with the g-Frec Workplacc Act of 1988, s imp1rnnted at 34 CFR Part 85,
Subpart F.
DLbjpg
-
Thc GRANTEE agrees to comply With the provisions of United States C.odc, Title 31, Section 1352, The
GRANTEE must rot use any ,frideml funds to pay any person for inflirencing w attempting to influence an
officer or employee of a federal agency, a rnetribEt of Congress, an officer or employee of Congress, or any
employee of a member Of Congress in connection with the awarding Of any federal contract the making of any
federal grant, the making of any federal loan, Ole entming into of any cooperative agreement or the extension,
continuation, renewal, ameridment, or modification of any federal contract, grant, loan or cooperative
agreement
B. Equal Emplo_y_ment Opportunity
GRANTEE agrees to comply with the Executive Order 11246 "Equal Employment Opportunity"- as amended
by Exec utiNo Order 11375 and snipplernented by regulations at 41 CFR Pau 60.
F. Cost Principles,
The GRANTEE agrees to comply With the provisions of 011413 Circuba- A-21, A-87 or A-122 regarding cost
principles for administratiort of this grant- award.
Cl. Rights to inventions — Experimegtal, DeVelopmental or Research Work
She GRANTEE agrees to comply with 37 CFR, Part 401, Riqhts to Inventions Made by Nonprofit
Organizations and Small. Business Finns Under Government Grants, contracts and Cooperative AgreeineutS"
and any impletrientnig regulations issued by the awarding agency.
1-1, Clean Air Act
The GRANTEE agrees to comply with all applicable standards, orders or regulations issued pursuant to the
(lean Air Act as amended (42 USC. 7401 et stry) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251 et seq.), Violations shall be reported to the Federal awarding agency and the 'Regional Office of
the Environmental 'Protection Agency (EPA).
1 No Smoking
With tesPeet to facilities over which the GRANTEE has control the the GRANTEE shall comply with the
Minnesota Clean Indoor Air Act.
J. No Conflict of Interest
The GRANTEE hereby assures that 110 illtett!St eberSls, directly or indirectly, which could conflict in any manner
or &wee 'with the G •E'S performance of teres required to be performed under this master grant
contract or individual project grant agreements
MaoriGrara Coetract i 2-700-0006S
between the Mint ola Department off -Teal and Dakota coDrity Cannunily tieahu1 Board
Pa 1
int) IA
1
Dakota County Contract 4C0027962
Exhibit D - Page 6 of 6
IN WITNESS WHEREOF", the.partIcs have caused this master giant contract to be duly executed intending to be bound
thereby,
APPROVED;
L GRANTEE: 2, STATEAGENCY:
GRANTEE certifies that the appropriate porson(s) have Master grant coutract approval as requiaed by Mionesoti
executed this master grant contract on behalfof tile , Statutes §§16A.15 and 16C 05,
-.GRAUT_EE _as ,,m.clu ii. rd by.applicable articles, by-la-ws,
resolutions, or ordinances.
By (, hrprized si tore
'Fitle: Public Health Dr -
By (authorized signature)
Date:
Approved as to form:
AssstontCounty Attorney/Dale
File No.
IFAS,t GROOM
By (authoi d signatu )
/r
111 I 14(1.1
Titk
r
Date:
0/2
astar Grant. Contract # I "1-700 00068
hanvean thr Minnes'uta Depot-m.16w ot lioanl and D?lcola County Coonnunjty e•alth Board
Pagt: 6
8/2014
EXHIBIT t
INSER.ANCE TERMS!
Contractor agrees to provide and minntain at all times during the terin of this Contract such insurance coverages as are indicated h.erein and to
otherwise complywith 'the provisions that frillow. Such policyfiest of insurance shall apply to the extent of but tot as a limitation upon or in satisfaction of,
the Contract indemnity provisions. The provisions of this; section shall also apply to all Subcontractors, Sub -subcontractors, and Independent Contractors
engaged by Contractor with respect to hn Contract, and Contractor shall be entirely responsible for securing the compliance of all such persons or parties
with these provisions.:
APPLICABLE SECTIONS .ARE CHECKED
Workers Compensation. Workeis' Compensation insurance in compliance with all applicable statutes ineladMg an All States or
Universal Endorsement where applicable, Such policy shall include Employer's Liability 00 ego in an amount no less than :55,00,000. 11 flontractor 'is not
required by Sainte to carry Workers" Compensation Insurance, (ontramor ag,rces: ) to provide (rumly with evidence documeraing the specific provision
under Minn. Siat, § 176.041 which excludes Contractor from the requirement Of obtaining Workers' Compensation insurance; (2) to provide prior notice to
County (Wally change in Contractor's exemption status tinder Minn. Simi, § 176..041, a.nd (3) to hold harmless and in County from and against a.ny
arid all elinins and losses brought by Contractor ra any subcontractor or other person churning through Contractor for Workers' Compensation or 1:Employers'
Liability benefits CM' damages. arising out of any injltry or illness resulting from performance of work wider this Contract. If any sixty change requires
Contractor' to obtain Workers' Compensation Insunince, Contracior agrees to promptly provide; County with evidence of such insurance coverage.
2. 'General !Liability.
'Commercial General Liability Insurance" coverage (Insurance Services Office loon title), providing coverage on an "occurrence" rather than on
a "claims made" basis, which policy shall include, but not be limited to. coverage for Bodily htjury, Property Damage, Personal Injury, Contractual Liability
(applying to this (ontract), Independem (ontractors, "XC&U" and Products -Completed Operations liability (if applicable). Such coverage may be provided
under an equivalent policy form tor fOrmsT so long as such equivalent font) (or (orms) affords coverage which is al least as broad. An Insurance Services
Office "Comprehensive General liability" policy which includes a Broad! Flom Endorsement GL 0404 (Insurance Services Office designation) shall he
COTISiderad to he in acceptable equivalent policy 'roma.
Contractor agrees lo 011515 1 51 all times during the period of thisContract 1 otal combined goneril Irabil ly policy 11111 of at least SI ,500,000
per occurrence and aggregate, applying to li ath Itt y for Bodily Injury, Personal Injury, and Property Damage, which total limit may be satisfied by the limit
afforded under pus C.ommereial General Liability policy , or equivalent policy, or by such policy in combination with the limits afforded by an Umbrella or
EhCeliS Liability policy (or po)icies); provided, that the coverage affOrded under any; such Umbrella. or Excess Liability policy is at least as broad as that
afforded by the underlying COMMUCia I General Liability policy (or equivalent underlying policy).
Such Commercial General Liability policy and Umbrella or !Excess Liability' policy (or policies) may provide aggregate limits for some or all of'
the coverages afforded thereunder, so long as such aggregate limits have not, as of the beginning of the terin or at any time during the term., been reduced to
less than the total required limits stared above, and 'further, that the Umbrella or Excess Liabiliry policy provides coverage 'from the point that such aggregate
limits un the underlying Commercial Gclientl Liability policy become 0010 id or exhausted, An Umbrella or Excess !Liability policy which "drops down' to
respond immediately over reduced underlying Inuits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall he
acceptable in this: regard so lung .as such deductible or retention for each occurrence does not exceed the amount shown in the provision belovv,
Contractor's liability insurance coverage may be 81.1bject to at deductible, "retention" or "pan icipation" tor other provision) requiring the
Contractor to remain responsible for a stated .amount or percentage of each COVeled h)SS: provided.; that such deductible, retention or participation amount
shall not exceed $25,000 caeb occurrence.
Such policy( ics) shall name Dakota County its officers, employees and agents as Additional Insureds thereunder,
3. Professional Liabi Professional! Liability terrors and omissions) insurance with respect to its prole,ssional [1(1.6 Nitieti 10 be performed
under, this Contract, `This amount of insurance shall be at least S1,500,000 per occurrence and aggregate (if applicable), Coverage, under such policy may be
subject to a deductible, not to exceed S25,000 per occurrence. Contractor itgrees to maintain such insurance for'al least one (1) year from Contract
ICriniflt 11)1
It is understood that such professional .Liability insurance may be provided! 00 a claimstmode basis, and, in such case, than changes 6 insurers or
insurance policy forms could result in the impairmem of the liability insurance protection intended for Dakota County hereunder, Contractor thercfbre
agrees that it will not seek or 'voluntarily accept any such change in its Professional Liability insurance coverage if such impairment of Dakota County's
Dakota Comity Contract 4C0027902
SHIP
protection ciould res.ulti and further, that it will exercise its rights under any "Emended Reporting Period" ("that coverage") or similar policy opt un
net. SS4Wy err appropriate to avoid nip m. of Dakota County's protection.. Contractor ilinther agrees that it witt, 'throughout the one ill) year period of
required coverage, immedialely: (a) advise Dakota County army intended or pending Change of any Professional Liability insurers or policy frons, and
provide Dakota County with all pertinent in P.m that Dakota County may reasonably request: to deterntinc compliance with this sectiont and (b)
numedinely advise Dakota County of any claims or threats of claims that might rea,sonably he expected ha reduce the amount of such, incur remaining,
avidlablei for the )lircitection Of Dakota County.
4. Automobile Liability. ,Business Automobile Liability' insurance coveting liabitity for Bodily Injury and Property Damage arising out of
the ownership, use, maintenance, or operation of all owned, non -owned and hired automobiles and other motor vehicles utilized by Contractor in connection
with its performance under this Contract Such policy shall provide total liability limi IS for combined Bodily trtjUlly and/Or Property Damage in the itmount
cif at least S1,500,000 per accident, which total limits may be satisfied by the ni afforded under such poliey, or 'by s,tich policy in combination with he
limits afforded by an L.Imbrella or Excess Liability policyttesti provided, that the coverage afforded tinder any such Umbrelia or Excess Liability policy(ies
shall he at least as broad ss th respect to such Business Automobile Liability insurance as that tifforded by the underlying policy.: Unless included within
the scope of Contractor's Commercial General Liability policy„ such Business Automobile Liability policy shall also include coverage for motor
vehicle liability assumed under this coniract.
Such policy, ,and, if applicable, such 'Umbrella or Excess Liability policyriest, shalt include Dakota County, its officers, employees and agents as
Add111014Insureds thereunder..
5., Additional Insurance. Dakota County shall, at any time during the period of the Contract, have rhe right to 'require that Contractor
secure any additionalinSUCaoce, or additional feature to existing 'insurance, is Dakota County may reasonably requite liar the protection of their interests or
those of the public. In such event Contractor shall proceed with ,due diligence to make every good faith effort to promptly comply with such additional
requirement s).
6. Evidence of insurance, Contractor shall prompt ly provide Dakota County with evidence Mat the insurance coverage required hereunder
is in hill force and effect prior to commencement of any work. Al least 10 days prior to termination of any such coverage, Contractor shall provide Dakota
County 'with evidence that such coverage will be renewed or replaced upon termination with :insurance that complies with these provisions. Such, evidence
of insurance shall be in the form of the Dakota County Certificate of Insurance., or in such other farm as Dakota County may reasonably request,. and shall
contain sufficient information to allow Dakota County to determine whether there' is compliance with these provisions, At the request of Dakota COunty,
Contractor shall, in addition to providing such evidence of insurance,. promptly 'Mulish Contract Manager with a complete (and if so required, 111511.1ren,
certified) copy of each insurance policy intended to provide coverage required hereunder.. Ail such policies shall be endorsed to require that the insurer
provide at least 30 days' notice to Dakota County' prior to the effective date nI policy cancellation, 'nomenewal, or material adverse' change in coverage
terms. On the Certificate of Insurance, Contracilor's insurance agency shall certify that he/she INAS Error and Omissions coverage,
7, Insurer, Policies. All policies of insurance required under this partigraph shall be Issued by financially responsible, insurers licensed to
do business in the State of 'Minnesota, and all such, insurers must be acceptable to Dakota County. Such acceptance by 'Dakota County shall not be'
unreasonably withheld or dela ed An insurer with a current A.M, Best Company rating of at. least AVll shall he conclusively deemed to be itcceptablc.lo
all other instances, Dakota County shall have 1 5 business days from the date of receipt of Contractor"s evidence of insurance to adviSe COn tractor in writing
of any ins'urer that is not acceptablie to Dakota County, If Dakota County does not respond iit writing within such 15 day period, ( ontractor's insurer( s) .shall
be deemed to he acceptable to Dakota County,
11„ Noncompliance.. In the event of the failure of Contractor to maintain such insurance andlor to furnish satisfactory evidence thereof as
required herein,. Dakota County shall have the right to purchase such insurance on behalf of Contractor', which agrees. to provide all necessary and
appropriate inflomtation therefor sand to pay the cost thereof to Dakota County immediately upon presentation of invoice.
9, Loss Information, At the request of Dakota County., Contractor shall pronmtly finnish loss information concerning all liability' claims
brought against Contractor (or any other insured under Contractor's required polieiesk that may affect the amount of liability insurance available for the
benefit and protection of Dakota County tinder this section. Such toss information shall include such specifics and be in such form as Dakota County may
reasonably require,
.Ft.CleriSC and Waiver. Connacto agrees to rely entirely' upon its OWNproperly insurance tor recovery with respect to any damage, loss 01”
injury to the property interests of Contractor, Contractor hereby releases Dakota County, its officers, employees, agents, and others acting on their behalf
from all claims„ .and all liability or re.sponsibility to Contractor, and to anyone claiming through or under Contractor, by way of subrogation or otherwise, for
any loss of or damage to Contractor's business or property caused by fire or other peril in. event, even if soch fire or other peril or event was caused in whole
or in par by the negligence or .other act or omission of Dakota County Or other party who is to be 'released by the terms hereof, or by anyone for whom such
party may he responsible,
Dakota lo 1110 1 untract 5C0027902
SHIP
Contractor agrees to effect such revision of any pioperty insurance policy as may be neeessaiy morder in permit lhe release and waiver or
subrogation agreed ie herein, Contractor shall, upon the request of Dakota County, promptly provide: a C of insurance, or olher form. of:evidence as
may be reasonably requested by Dakota County, evidencing that the full waiver of subrogation privilege contemplated by this provision is present: andfor, if
so requested by Dakota County, Contraelor shall provtde a hill and complete copy of the pertinent property insurance policy( iesk
K/CM/Exlvinsure-No-Prof-Liability-CM.doc
Revised; 10,,D7
Dakota. County Contract #(1)027902
DATE: May 3, 2015
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Engineering Review
COMMENT:
INTRODUCTION
The City Council is asked to award a contract for the review of the City’s infrastructure plans
and financing to Focus Engineering.
BACKGROUND
Earlier this year, the City Council authorized a study to be performed Craig L. Ebeling, who
reviewed the City’s Engineering Department. One of the recommendations of that study was to
have an independent study done of the city’s infrastructure plans and their prioritization and
financing plans. In the engineering profession, it is known as a “peer review”.
Five engineering firms were contacted who have not had a recent client relationship with the
City. In a request for their Statement of Qualifications, the companies were made aware that the
City was not looking to enter into an ongoing relationship for engineering services. The firms
were invited to submit proposals to review and comment on the City’s CIP, storm, sanitary,
parks, and trails plans, and the street management plan. The latter consists primarily of the City
Pavement Condition Index.
Four of the five firms submitted proposals. A review committee consisting of Councilors
Povolny and Norton, and the City Administrator reviewed them. Their consensus
recommendation is to award the review contract to Focus Engineering, which has offices in
Eagan. Focus specializes in providing general engineering services—managing plans and
infrastructure for cities. It is not a full service company which does design services, but that is
not needed.
page 61
The RFP from the City specified that the end product would have to be completed in 45 days.
That would allow infrastructure plans to be considered for modification in time for the 2017
Budget, if necessary.
BUDGET IMPACT
The fee for services from Focus is proposed to not exceed $5000, which was the least of the four
proposals received. That would cover 44 hours of professional review. Funding would come
from the Engineering operating budget.
RECOMMENDATION
The committee’s recommendation is to award the “peer review” contract to Focus Engineering.
ACTION REQUIRED
If the Council concurs, it should, by motion, authorize a contract for a review of the City’s
infrastructure plans and financing to Focus Engineering, in an amount not to exceed $5000.
Mark McNeill
City Administrator
page 62
CORPORATE ADDRESS:
1305 Interlachen Drive
Eagan, MN 55123
CONTACT:
Cara L Geheren, P.E.
President� Sr. Municipal Engineer
651.300.4261
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www.FOCUSengineeringinc.com
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April 18, 2016
Mr. Mark McNeill
City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
RE: Consulting Statement of Qualifications
Dear Mr. McNeill:
FOC U S ENGINEERING, inc.
Cara Geheren, P.E.
Jack Griffin, P.E.
Ryan Stempski, P.E.
Chad Isakson, P.E.
651.300.4261
651.300.4264
651.300.4267
651.300.4283
We are pleased to submit our Statement of Qualifications for Engineering Consulting Services
for the City of Mendota Heights. We have enclosed for your consideration an introduction to
our firm including our specific qualifications. Formed in July 2011, FOCUS Engineering, inc. was
created to provide an alternative City Engineering Services model for cities. Our model focuses
on providing a shared city engineering department to multiple communities to achieve a flexible
service level, strong expertise, and best value services. This request for services provides FOCUS
Engineering an opportunity to collaborate with Mendota Heights and to share our experience as
it relates to infrastructure planning and to assist the City with achieving its goals.
Our staff have built our careers serving in the role of City Engineer for small and growing
communities. We are experts in helping cities develop and implement efficient engineering
systems and processes including planning and management of capital improvement plans. Our
commitment and passion for this work led us to where we are today.
Our history and experience allows us to efficiently review the City's infrastructure plans and to
share the best practices we have developed over our careers. The outcome will include a written
report summarizing our findings and recommendations for the City's consideration which will be
based upon the review of two separate experts working in different metro area communities.
The report will outline potential modifications to the capital improvements plans, capital
improvement processes, or underlying assumptions currently being relied upon by the City.
We ask that you review our materials and encourage you to contact our references to learn
more about us. We look forward to the opportunity to meet in person to further discuss our
expertise.
Regards,
��� Cj�e.�lr�_� c..�.--��
Cara L. Geheren, P.E.
President, Sr. Municipal Engineer
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TABLE OF CONTENTS
Consultant Profile .............................................................................2-3
Team Qualifications ...........................................................................4-5
Approach to Scope of Services ...........................................................6
References, Conflicts, and Claims ......................................................7
Basis of Compensation .....................................................................8-9
FOCUS ENGINEERING, inc.
OUR GOAL
To delive� a unique
enginee��ing se��vices
model to cities, with a
FOCUS on efficiency,
shared � esou�ces, and
best value.
CONSULTANT PROFILE
For years, cities have worked hard to find ways to do more with less and each year it
became more and more difFicult to make deeper cuts. Cities are moving forward in
this new economy looking for different ways to do business. For engineering services,
a unique service model is needed with a FOCUS on efFiciency and best value.
Our model: FOCUS on the use of shared resources; working together as a team;
working together with City staff; building efFiciencies in everything we do; and
embracing the character and values of the communities we serve.
� Through FOCUS Engineering, inc. cities receive a City Engineering Service model that
� provides:
( • Increased value through building efFicient systems, resource
� sharing and collaboration.
� • Staff who have dedicated their careers to the role of City Engineer.
• Experts in managing efficient Municipal Infrastructure Systems.
� • The best value through the effective management of outside consultants for
large infrastructure and specialty projects.
Formed by Jack Griffin, Cara Geheren and Ryan Stempski in July 2011, FOCUS
Engineering, inc. was created to provide an alternative to the full-service firms that
many cities have used to fulfill their engineering needs. FOCUS provides experts to
� lead engineering departments, meeting day-to-day needs, while allowing the
( flexibility to work with the best consultants available for any given project. Our
Engineers advocate with the necessary slcill set to help lead and manage engineering
services. This provides the community a consistent face and contact and an aclvocate
for the city's unique needs while providing the best value for the project. Our FOCUS
minimizes our overhead resulting in savings to our communities.
,
FOC U S ENGINEERING, inc.
CONSULTANT PROFILE
The FOCUS Team has over 40-years of combined
experience working for cities and serving as City Engineer.
This service has been provided to a diverse group of
communities from the very small to rural to growing
metro communities. As providers of day-to-day City
Engineering Services, we have also worked with our City
staffs to ensure that the engineering needs of each
community are met while remaining within the annual
budgets.
Currently, FOCUS staff serve as City or Town
Engineer for the cities of Victoria, Lal<e Elmo,
Dellwood, Hastings, Denmark Township and
West Lakeland Township. Cara and Jack have
been serving Victoria, Dellwood, Denmark
Township and West Lakeland Township since
2001. Jack has been working for Lake Elmo
since 2007. Ryan has become the City
Engineer of Hastings in 2016.
Each of these communities have their own unique challenges. Lake Elmo has a
strong community culture that is focused on the preservation of their local
character and identity. The City advocates for protecting their natural resources
while carefully managing growth. The City has recently undergone significant
growth having constructed over $30 million in public infrastructure over the past 4
years while platting over 1,800 residential lots.
As the City of Lakes and Parks, Victoria is a strong advocate of their natural
resources. But they believe that these resources can and should be protected in an
efficient, cost-effective manner. The City of Dellwood, West Lakeland Township
and Denmark Township are committed to pavement management, meeting
outside agency requirements while responding to constituents requests and in the
most cost effective manner.
Whatever the culture may be, FOCUS staff strives to provide factual, process based
leadership to our communities to meet the vision and need of each community.
FOCUS ENGINEERING, inc.
TEAM QUALIFICATIONS
CARA L. G E H E RE N� P. E. I PRESIDENT, SR. MUNICIPAL ENGINEER
\ �
r•
Cara Geheren has dedicated her career to
serving the public in the role of City Engineer.
She is passionate about working as a team
with city staff, residents and business owners
to seek praciical solutions to everyday
problems; in particular on street reconstruc-
tion projects and MS4 permit implementation.
In her role as City Engineer, she is responsible
for the management of infrastructure systems
including sanitary sewer, water, storm water
and streets. Responsibilities include the
development and implementation of capital improvement programs and
pavement management plans along with compliance and coordination with
outside agency regulations, projects and programs. As one of the fastest growing
City's in Carver County, she spends much of her time working with planning staff
on potential new development and redevelopment throughout the City.
In 2003, the City of Victoria was faced with over 60% of the City's streets needing
major capital improvement. Cara, along side with Jack GrifFin, developed and
began implementing a sustainable street capital improvement program. Through
changing Councils and staff members, Cara has lead the program to the present
where today only 13% of streets are in need of capital improvements.
Cara was born in Milwaukee, Wisconsin and began her career in Municipal
Engineering while attending the University of Minnesota, Twin Cities Campus.
Since graduating in 1998 with a Bachelor's Degree in Civil Engineering, she has
been working as a Consulting Engineer, serving in the role of City and Town
Engineer for various Minnesota communities. She currently lives in Eagan with
her husband and daughter.
REGISTRATIONS: Minnesota & Wisconsin
EDUCATION: Bachelors of Civil Engineering—University of Minnesota
ASSOCIATIONS: American Public Works Association, City Engineers' Association of Minnesota,
Minnesota Cities Stormwater Coalition Steering Committee
Phone: 651.300.4261
Email: cara.geheren@focusengineeringinc.com
FOCUS ENGINEERING, inc.
TEAM QUALIFICATIONS
JACK W. G RI FFI N� P. E. I PRINCIPAL, SR. MUNICIPAL ENGINEER
Jack GrifFin has 27 years experience as a
Municipal Engineering Consultant working
with local governments to plan, finance,
develop, and implement municipal
infrastructure. He has been the City
Engineering Consultant for several
Minnesota Cities, Townships, and Water
and Sanitary Sewer Districts. He has
extensive experience in helping growing
communities establish and implement
policies, procedures, systems and
standards to effectively manage community growth and development. His most
recent work has focused primarily on city engineering services and major
infrastructure projects for the cities of Lake Elmo and Victoria, Minnesota.
Over the course of his career, Jacl< also has developed a specific expertise in
municipal water and wastewater infrastructure, focusing primarily on
comprehensive system and capital planning. He has planned and implemented
numerous water and wastewater system projects for communities throughout
Minnesota. He has also developed a strong understanding and expertise in
infrastructure grant and loan programs, having assisted his clients in obtaining
grants for many of his projects.
Jack is a graduate of the University of Minnesota with a degree from the Institute
of Technology in Civil Engineering and a degree from the College of Liberal Arts in
Economics. He was born and raised in the Twin Cities and now lives in Eagan
with his wife Amy. He has two sons graduated from college.
REGISTRATIONS: Minnesota & Wisconsin
EDUCATION: Bachelors of Civil Engineering—University of Minnesota
Bachelors of Science, Economics—University of Minnesota
ASSOCIATIONS: American Public Worl<s Association, City Engineers Association of Minnesota,
Minnesota Society of Professional Engineers, American Council of Engineering Companies, Past
Director
Phone: 651.300.4264
Email: jack.grifFin@focusengineeringinc.com
� FOC U S ENGINEERING, inc.
APPROACH TO SCOPE OF SERVICES
The City of Mendota Heights is seeking a consultant who will review, comment and
as necessary recommend changes to the City's Infrastructure plans including the
following plans:
• 2016 City CIP Budget
• Street Plan Forecast through 2050
• 2015 Pavement Condition Index Report
• Street Improvement Plan
• Sanitary Sewer Improvement and Maintenance Plan
• Trail Improvement and Maintenance Plan
Our experience as City Engineers makes us well qualified to perform the services
requested and to provide added value to the City in moving ahead with capital
improvement plans. Maintaining and replacing failing infrastructure is an expensive
commitment for all cities. The City's 2016 CIP Budget identifies over $10 million in
infrastructure improvements from 2016 through 2022. Given the extent of the
financial resources necessary to implement the plan, the City seeks to have the plans
reviewed to verify that the plans are reasonably estimated and prioritized based on
the needs of the infrastructure.
The specific services requested would be provided by FOCUS staff as follows:
Cara Geheren will take the lead on providing the review services requested with
support from Jack GrifFin to add additional value and experience in completing our
review of the City' Plan.
FOCUS will implement the following steps to review the plans:
• Hold a kick-off meeting to discuss the City's goals for the review.
• Complete thorough review of existing data including spreadsheets and detailed
estimates used to generate the CIP.
• Conduct a Site Condition Review consisting of driving the neighborhoods
programmed for improvements.
• Conduct a process review meeting with City staff to gain understanding in the
City's current approach and process for identifying, estimating and prioritizing
improvements.
• Prepare outline for conclusions and recommendations from our review.
• Meet with staff to review preliminary findings.
• Prepare a written report.
• Present report to the City Council.
FOCUS ENGINEERING, inc.
f
�
REFERENCES, CONFLICTS & CLAIMS
REFERENCES:
• Tom O'Connor Mayor—City of Victoria
• Laurie Hokl<anen, City Manager—City of Victoria
• Ann Mahnke, Director of Parks and Public Works—City of Victoria
• Bob Nuffort, Mayor—City of Dellwood
• I<athy Higgins, Town Board Chair—Denmarl<Township
• Mike Pearson, Mayor—City of Lal<e Elmo
• Clark Schroeder, Former City Administrator —City of Lal<e Elmo
(the new administrator began work April, 2016)
(952) 261-9177
(952) 443-4211
(952) 443-4258
(651) 426-5194
(651) 437-2980
(651) 775-3724
(651) 331-6218
POTENTIAL CONFLICTS OF INTEREST: There are no conflicts of interest for
FOCUS Engineering, inc. to provide Consulting Engineering Services to the City of
Mendota Heights. FOCUS Engineering, inc. specifically provides only City
Engineering Services and currently serves the Cities of Victoria, Lalce Elmo,
Hastings, Dellwood, Denmarl< Township, and West Lakeland Township. FOCUS
Engineering does not have any prior relationships with the City of Mendota
Heights.
STATEMENT OF INSURANCE CLAIMS: There have been no insurance claims
and no ethics complaints taken against FOCUS Engineering or any of our staff.
There are no pending actions or current reviews ongoing by the State Ethics
Board.
FOCUS ENGINEERING, inc.
BASIS OF COMPENSATION
We propose to provide services on an hourly rate basis. We anticipate
approximately 44 hours with a total, not-to-exceed fee of $5,000 as shown on the
attached Worl< Plan. Staff identified in the Work Plan are available to complete
the work requested in the 45-day window.
Our Standard Hourly Rates include salaries and wages paid to personnel plus the
cost of customary and statutory benefits, general and administrative overhead,
non-project operating costs, and operating margin or profit. We do not vary rates
based on type of services provided.
Standard Hourly Rate Schedule:
• Sr. Municipal Engineer III –Jack GrifFin
• Sr. Municipal Engineer II – Cara Geheren
• Sr. Municipal Engineer – Mark Scholle
• Municipal Engineer II – Ryan Stempski
• Municipal Engineer I—Chad Isakson
• Project Engineer
• Graduate Engineer
$120 / hour
$112 / hour
$105 / hour
$ 90 / hour
$ 80 / hour
$ 72 / hour
$ 65 / hour
Reimbursable Schedule:
• No charge for vehicle mileage.
• Identifiable printing and reproduction costs when incurred in the direct
performance of the City's work.
FOC U S ENGINEERING, inc.
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page 73
Request for City Council Action
MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: Dave Dreelan, Assistant Fire Chief SUBJECT: March 2016 Fire Synopsis
Fire Calls
The department responded to 12 calls for the month. The majority of calls were classified as
false alarms or as good intent calls. Five calls were residential in nature and three were EMS
calls. There were two utility checks, one grass fire and one mutual aid call.
Monthly Department Training
The monthly department training was a stand pipe drill. When fire departments attack a fire in a
commercial building or apartment building the tactics can differ greatly from a fire in a
residential structure. One of the main differences is the attack line is not stretched from the
pumper. Crews carry a 100’ section of hose called an apartment pack or hi-rise bundles into a
commercial property. The apartment pack is then attached to a stand pipe near the fire and
firefighters begin their fire attack from that point. The pumper locates the fire department
connection on the outside of the building and pressurizes the stand pipe system by pumping
water into it.
Monthly Squad Training
The squad training for the month was rope and knot training. The training focused on tying
basic utility knots, life safety knots, and rigging mechanical rope rescue systems. The rope
rescue systems were then attached to the tip of Ladder 10’s aerial device to simulate a rescue of a
victim from an elevated position such as the roof of a commercial building.
page 74
MENDOTA HEIGHTS FIRE DEPARTMENT
MARCH 2016 MONTHLY REPORT
FIRE CALLS NO. 16035 -16046 NUMBER OF CALLS:12
FIRE ALARMS DISPATCHED:NUMBER STRUCTURE CONTENTS MISC.TOTALS TO DATE
ACTUAL FIRES
Structure - MH Commercial $0
Structure - MH Residential $0
Structure - Contract Areas $0
Vehicle - MH $0
Vehicle - Contract Areas $0
Grass/Brush/No Value MH 1
Grass/Brush/No Value Contract TOTAL MONTHLY FIRE LOSSES
MEDICAL
Assist 1 $0 $0
Extrication
HAZARDOUS SITUATION FIRE LOSS TOTALS MENDOTA HEIGHTS
Spills/Leaks
Arcing/Shorting ALL FIRES, ALL AREAS (MONTH)$0 $0
Chemical
Power Line Down MEND. HTS. ONLY STRUCT/CONTENTS $0
FALSE ALARM
Residential Malfunction MEND. HTS. ONLY MISCELLANEOUS $0
Commercial Malfunction
Unintentional - Commercial MEND. HTS. TOTAL LOSS TO DATE $0
Unintentional - Residential 4
Criminal BILLING FOR SERVICES
GOOD INTENT
Smoke Scare AGENCY THIS MONTH TO DATE
Steam Mistaken for Smoke
Other 5 MN/DOT $0
MUTUAL AID 1 MILW. RR $0
CNR RR $0
TOTAL CALLS 12 OTHERS:
$0
LOCATION OF FIRE ALARMS:TO DATE LAST YEAR
TOTALS:$0 $0
MENDOTA HEIGHTS 7 33 44
MENDOTA 3 0 FIRE MARSHAL'S TIME FOR MONTH
SUNFISH LAKE 3 3 3
LILYDALE 1 4 1 INSPECTIONS 34.5
OTHER 1 3 4
INVESTIGATIONS
TOTAL 12 46 52
RE-INSPECTION 8
WORK PERFORMED HOURS TO DATE LAST YEAR
MEETINGS 24
FIRE CALLS 203 678 921.5
MEETINGS 27 96 105 ADMINISTRATION 10
DRILLS 173.5 503.5 448
WEEKLY CLEAN-UP 42 120.5 107 SPECIAL PROJECTS
SPECIAL ACTIVITY 129.25 567.25 581.5
ADMINISTATIVE 0 0 0 TOTAL 76.5
FIRE MARSHAL 76.5 139 97
TOTALS 651.25 2104.25 2260.0 REMARKS:SEE OTHER SIDE FOR SYNOPSIS
page 75
Request for City Council Action
MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Required Annual Meeting for NPDES Phase II Storm Water Permit for Municipal
Separate Storm Sewer System (MS4)
COMMENT:
Introduction
The National Pollution Discharge Elimination System (NPDES) program is a federally mandated
program established by the Environmental Protection Agency (EPA) to implement and maintain pollution
prevention practices for storm water discharges by permits issued to regulated entities by the federal
authority granted under this program. Storm water discharges associated with MS4s are regulated by
these NPDES permits.
Background
Mendota Heights, as an MS4 owner, was required to develop a Storm Water Pollution Prevention
Program (SWPPP) that incorporates best management practices that reduce pollutant discharges. The
SWPPP was developed in 2003. In 2006 the City adopted the Local Surface Water Management Plan
(LSWMP) that outlined how the requirements of our SWPPP are to be met and established requirements
for land disturbing activities. Currently the city has contracted with WSB and Associates on updating its
Local Surface Water Management Plan for permit compliance.
Discussion
There are six required components in each SWPPP, termed “minimum control measures” for each permit
authorizing storm water discharges under the NPDES program:
1. Public Education and Outreach
2. Public Participation/Involvement
3. Illicit Discharge Detection and Elimination
4. Construction Site Runoff and Control
5. Post-Construction Runoff Control
6. Pollution Prevention/Good Housekeeping
As part of our SWPPP and LSWMP, the City has adopted various “best management practices” to
address the six components listed above. These practices include:
1. Public Education and Outreach – Including articles in the Heights Highlights, brochures in the
lobby and city website, providing information and guidance as part of the City Building Permit
Program, and conducting “Blue Thumb” seminars in conjunction with local Watershed
page 76
Management Organizations (WMO) and Dakota County Soil and Water Conservation District. In
addition, local cable has run a “Keep it Clean” video multiple times on local cable access
channels.
2. Public Participation/Involvement – Providing avenues for storm water complaints and concerns
(e-mail contact), active participation in the Lower Mississippi River WMO. Working with
neighborhood groups on installing native plantings.
3. Illicit Discharge Detection and Elimination – Inspection of storm water outfalls, ponds, and
wetlands and participation in the Dakota County Wetland Health Evaluation Program (WHEP).
Passing of the Storm water Ordinance (2009), Citizen Assisted Monitoring Program (CAMP).
4. Construction Site Runoff and Control – Passing of a Storm water Ordinance (2009) and
establishment of land disturbance activity regulatory requirements. Establishing a storm water
permit as part of the Building Permit process (by Ordinance).
5. Post-Construction Runoff Control – Construction of rain gardens, passing of the Storm water
Ordinance (2009), and reviewing building permit and development applications for compliance
with established requirements.
6. Pollution Prevention/Good Housekeeping – mapping of the City storm sewer system, annual
cleaning of sump manholes, annual inspection of storm water discharge points, and stream bank
stabilization projects, initiating a pond management program.
The MPCA has recently adopted a second generation storm water permit for MS4’s. Mendota Heights is
required to be compliant with the new permit and is working towards this goal. The new permit will
require the city to update its SWPPP, LSWMP as well as local ordinances which is underway.
Budget Impact
None, meeting the goals for the annual permit coverage from the Minnesota Pollution Control Agency are
covered separately under the storm water utility. Projects are presented to council individually as
required.
Recommendation
I recommend that the Council preside over the required annual public meeting which will summarize the
six minimum required control measures and report on the progress made in meeting the goals identified in
the Mendota Heights Storm Water Pollution Prevention Program over the past year.
Action Required
After a brief presentation, the Council should open the hearing for Public comment and accept, or convey
any input received from the public on this subject. If action is necessary, the Council should so direct.
page 77
8a.Informationprovidedby
LesliePilgrim
Invite "nominations" or recognition: specify a person at the city who
can be contacted by community members who are interested in making
a "nomination" or recognizing someone.
• Implementation:
➢ Access known volunteers to contribute to the MH newsletter regarding
storm water education (Master Gardeners). (Leslie Pilgrim could
volunteer to work on a postcard mailing and door hanger.)
➢ Reach out, repeatedly, to known groups in the community about the
storm water drain medallion volunteer opportunity.
➢ Encourage MH community members to "friend" the city's Facebook so
messaging becomes more widespread throughout the community. This
would be an additional means of communicating about volunteer
opportunities.
➢ Implement and support a Mendota Heights Volunteer Corps.
Communities, large and small, harness the energy and talents of their
residents. With the city's leadership and support, the Mendota Heights
Volunteer Corps would include existing volunteer groups (Boy and girl
scouts, school groups, Master Gardeners, book clubs, church and
synagogue groups, etc.) as well as individual volunteers from the
community.
➢ Access the expertise, marketing and communications templates and
materials offered through Clean Water Minnesota. Their services may
be available to the city of Mendota Heights at no cost through the city's
membership in the Lower Mississippi River Watershed Management
Organization.
➢ Commit to a small budget to implement some of the above ideas.
Conclusion: Most residents would "do the right thing" if they were aware
of storm water issues, and how they can be a part of the solution.
Request for City Council Action
MEETING DATE: May 3, 2016 TO: Planning Commission FROM: Nolan Wall, AICP – Planner SUBJECT: Resolution Approving Preliminary/Final Plat and Easement Vacations for the
Evergreen Knolls 4th Addition
COMMENT:
Introduction
The applicant is seeking preliminary/final plat and easement vacation approvals to divide two existing
single family lots in the Evergreen Knolls 3rd Addition into a three-lot plat to be called Evergreen Knolls
4th Addition.
Background
The subject property is 1.25 acres and contains an existing single-family dwelling and detached garage that
would be demolished. A man-made wetland is also located on the property and is proposed to be filled, for
which a no-loss determination was approved by the Council in January. The proposed new lots meet the
R-1 District’s lot size and width requirements. Staff has included several conditions to address grading
concerns. If approved, final grading plans will be required as part of each individual building permit. In
addition, front yard setbacks will be determined as each subsequent building permit is submitted, in
compliance with the applicable standards.
The Planning Commission conducted a public hearing at the April 26 meeting. Staff received two public
comments by email, which are included in the packet and were addressed at the meeting.
Discussion
The City is using its quasi-judicial authority when considering action on subdivision and zoning requests
and has limited discretion; a determination regarding whether or not the request meets the applicable code
standards is required.
Budget Impact
N/A
Recommendation
The Planning Commission recommended approval of the requests, with conditions, as described in Planning
Case 2016-08. If the City Council desires to implement the recommendation, pass a motion adopting
RESOLUTION 2016-36 APPROVING A PRELIMINARY AND FINAL PLAT AND EASEMENT
VACATIONS FOR THE EVERGREEN KNOLLS 4TH ADDITION.
Action Required
This matter requires a simple majority vote.
page 78
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-36
RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND EASEMENT
VACATIONS FOR THE EVERGREEN KNOLLS 4TH ADDITION
WHEREAS, S.D. Custom Homes, on behalf of the property owner, has applied for a
preliminary and final plat and easement vacations for the Evergreen Knolls 4th Addition as
proposed in Planning Case 2016-08 and described in Exhibit A; and
WHEREAS, the Mendota Heights Planning Commission held a public hearing on this
matter at their regular meeting on April 26, 2016.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the preliminary and final plat and easement vacation requests as proposed in Planning Case
2016-08 are hereby approved with the following findings of fact:
1. The proposed plat meets the purpose and intent of the Subdivision Code.
2. The proposed lots meet the minimum standards in the R-1 Zoning District.
3. The wetland on site appears to have been man-made and the City Council has approved a
no loss application for the site.
BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the
preliminary and final plat and easement vacation requests as proposed in Planning Case 2016-08
are hereby approved with the following conditions:
1. The existing single family dwelling and detached garage are demolished prior to the Final
Plat being recorded by Dakota County.
2. Park dedication fee in the amount of $4,000, in lieu of land, is collected after City
Council approval and before the Final Plat is recorded by Dakota County or issuance of
any additional permits by the City.
3. Street reconstruction assessment fee in the amount of $1,091, as part of city project 2008-
09, is collected after City Council approval and before the Final Plat is recorded by
Dakota County or issuance of any additional permits by the City.
4. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a
building permit.
5. The grading plan is revised to avoid grading in MnDOT ROW or provide evidence that
MnDOT approves of the grading.
6. The grading plan is revised to avoid grading on the city golf course property to the south.
7. The erosion control plan shows silt fence and bio roll on the MnDOT ROW. This needs
to be adjusted or provide evidence that MnDOT approves the plan.
8. The utility plan is revised to clarify the sewer connection for Lot 3, which is assumed to
be the existing connection from Dodd Road.
9. First floor elevation (FFE) is shown on the existing conditions sheet.
10. Building and grading permits are obtained from the City prior to construction.
11. The applicant shall submit grading and utility plans and a dimensioned site plan with
associated easements, subject to review and approval by the Engineering Department as
part of any building permit application.
page 79
12. All grading and construction activity as part of the proposed development 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.
13. Future construction on the newly-created parcels will be compliant with all applicable
City Code provisions.
Adopted by the City Council of the City of Mendota Heights this third day of May, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
_____________________________
Sandra Krebsbach, Mayor
ATTEST:
______________________________
Lorri Smith, City Clerk
page 80
Item No. 2016-08
MEMORANDUM
Date: April 26, 2016
To: Mendota Heights Planning Commission
From: Phil Carlson, AICP, Consulting Planner
RE: Planning Case 2016-08: Evergreen Knolls 4th Addition, 1663 Dodd Road
Preliminary/Final Plat and Easement Vacation
Action
Deadline: July 27, 2016 (120 days from complete application submittal)
INTRODUCTION
The applicant, Sean Doyle of SD Custom Homes, on behalf of property owner Vesel Management
II, wises to divide two existing single family lots in the Evergreen Knolls 3rd Addition (Lots 3 and 4)
into a three-lot plat to be called Evergreen Knolls 4th Addition (Lots 1, 2, and 3).
BACKGROUND
• The property is 1.25 acres (54,436 square feet) in area.
• The property is guided LR Low Density Residential in the City’s Land Use Plan.
• The property is zoned R-1 One Family Residential.
• No change in land use or zoning is proposed.
• There is an existing house and garage on Lot 3 of the existing plat which would be
removed.
• The total existing impervious surface on the site is 6,606 sq. ft.
• The total proposed impervious coverage on the site will be approximately 14,950 sq. ft.
(subject to future building plans).
ANALYSIS
1) Lot Size. The R-1 District requires minimum lot width of 100 feet and minimum lot area of
15,000 sq. ft. All three proposed new lots will meet these minimums:
o Lot 1: 100’ width, 18,046 sq. ft.
o Lot 2: 100’ width, 18,046 sq. ft.
o Lot 3’: 124’ width at front setback, 18,343 sq. ft.
There are three lots across the street to the north of this proposed plat that are similar in size
and width that were platted as part of previous additions, with a net density of 2.3
units/acre. The density of the new plat is 2.4 units/acre, less than the Comp Plan maximum
page 81
of 2.9 units/acres. The scale of the proposed plat is consistent with the City’s Comp Plan
and in keeping with the surrounding homes.
2) Grading and Trees. Grading on the south edge of Lot 3 results in the loss of numerous
existing trees. Removal of these trees appears to be necessary to allow reasonable
grading of the property and a reasonable buffer of trees will remain on the golf course side
of the property line.
3) Concept Grading Plan:
• The grading plan directs drainage in the general pattern of the existing conditions –
to the north, south and east, and not toward existing neighbors to the west.
• Numerous areas are proposed to be graded that are within city and MnDOT ROW.
• Grading behind the curb in Mendota Heights ROW is acceptable, but grading in
MnDOT ROW needs a permit from MnDOT.
• Grading is shown on city-owned property in the southeast corner on the golf course
property, which is not acceptable.
• Silt fence and bio roll are shown in MnDOT ROW and across the property line – this
needs a permit from MnDOT.
• The proposed plan is only required to show that a potential new dwelling could be
constructed that meets the applicable Code standards and is not meant to bind a
future property owner into a specific location or design.
• Subdivision Code requires that no construction or grading on slopes over 33%. There
are no slopes over 33% percent on site.
4) Wetland impacts. A wetland delineation report for 1663 Dodd Road was submitted to the
city in December of 2015. The report identified one wetland on the subject property, on
the east side nearest Dodd Road. Historical review of the site has determined that the
wetland was manmade in the 1950s. The applicant is proposing to fill the wetland for this
new plat. City Council approved a no loss application for the wetland in January 2016.
5) Utility Plan. Sewer connection for proposed Lot 3 is assumed to come from existing Dodd
Road stub; this needs to be clarified.
6) Drainage and utility easements in the existing plat will be vacated and new easements
dedicated as part of this process.
7) Existing home. First floor elevation (FFE) should be shown on the existing conditions sheet for
the existing home to be demolished. This needs to be provided for the future demolition
permit.
8) Setbacks. Front yard setbacks for new homes to be built on the new lots will be determined
per zoning code standards at the time building permits are approved.
page 82
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend to the City Council approval of the
Preliminary Plat for Evergreen Knolls 4th Addition with the following conditions:
1. The existing single family dwelling and detached garage are demolished prior to the Final
Plat being recorded by Dakota County.
2. Park dedication fee in the amount of $4,000, in lieu of land, is collected after City Council
approval and before the Final Plat is recorded by Dakota County or issuance of any
additional permits by the City.
3. Street reconstruction assessment fee in the amount of $1,091, as part of city project 2008-09,
is collected after City Council approval and before the Final Plat is recorded by Dakota
County or issuance of any additional permits by the City.
4. Connection charges for sanitary sewer and water main shall be paid prior to issuance of a
building permit.
5. The grading plan is revised to avoid grading in MnDOT ROW or provide evidence that
MnDOT approves of the grading.
6. The grading plan is revised to avoid grading on the city golf course property to the south.
7. The erosion control plan shows silt fence and bio roll on the MnDOT ROW. This needs to be
adjusted or provide evidence that MnDOT approves the plan.
8. The utility plan is revised to clarify the sewer connection for Lot 3, which is assumed to be the
existing connection from Dodd Road.
9. First floor elevation (FFE) is shown on the existing conditions sheet.
10. Building and grading permits are obtained from the City prior to construction.
11. The applicant shall submit grading and utility plans and a dimensioned site plan with
associated easements, subject to review and approval by the Engineering Department as
part of any building permit application.
12. All grading and construction activity as part of the proposed development 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.
page 83
13. Future construction on the newly-created parcels will be compliant with all applicable City
Code provisions
REQUESTED ACTION
Following the public hearing and discussion, the Planning Commission may consider the following
actions:
1. Recommend approval of the Preliminary/Final Plat and easement vacations, based on the
attached findings of fact with conditions.
OR
2. Recommend denial of the Preliminary/Final Plat and easement vacations, with findings of
fact as determined by the Planning Commission and/or City Council.
OR
3. Table the request, pending additional information from staff or others.
MATERIALS INCLUDED FOR REVIEW
The following exhibits are attached for your review:
1. Aerial site map
2. Site photos
3. Planning Applications, including supporting materials.
page 84
FINDINGS OF FACT FOR APPROVAL
Preliminary Plat for Evergreen Knolls 4th Addition
1663 Dodd Road
1. The proposed plat meets the purpose and intent of the Subdivision Code.
2. The proposed lots meet the minimum standards in the R-1 Zoning District.
3. The wetland on site appears to have been man-made and the City Council has approved
a no loss application for the site.
page 85
194107
193
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145
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7
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142 1511801511695
1663706
689695701707
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1656
DODD RDEVERGREEN KNL
Planning Case 2016-081663 Dodd Road City of
Mendota
Heights060
SCALE IN FEETDate: 4/18/2016
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
page 86
Existing golf course screening (fence located on city property)
Existing golf course screening (fence on city property)
page 87
Existing screening along south property boundary line (fence located on city property)
Looking west from Dodd Road
page 88
March 28, 2016
Mr. Nolan Wall
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Re: Evergreen Knolls 4th Addition
Mendota Heights, Minnesota
P.E.# 116005
Dear Mr. Wall:
Please find the following narrative in regards to the proposed Evergreen Knolls 4th Addition Preliminary
and Final Plat application.
Intent
This development proposes dividing two existing lots in the existing Evergreen Knolls 3rd
Addition plat to a three lot plat named Evergreen Knolls 4th Addition.
Existing Condition
The site currently is a two lot parcel occupied by one single family home located near the
western edge of the lots. The current home has driveway access to Evergreen Knolls and Dodd Road.
There is a low area located in the central portion of the eastern lot that has been processed in a
wetland permit. Through the wetland permit process it was determined that the area could be filled, due
to the wetland creation being incidental. The wetland was previously created through digging an
ornamental pond in an upland environment.
Proposed Design Features
The submitted proposed plans show a generalized concept of a development that would work for
the site. The actual development will be constructed on a lot by lot basis with the building permit
process, utilizing the specific lot contours and vegetation to construct a minimally disruptive unit. The
proposed lots will be three single family dwelling units. The lots will front on Evergreen Knolls,
driveway access to Dodd Road will be eliminated. The low area in the eastern most lot will be a fill lot
requiring the majority of the tree removals and land disturbance. Concept plans have been submitted to
show possible final development and potential drainage patterns.
There will be no street/right-of-way dedication or street/alley construction. Utility construction
will consist of installing a sanitary and water service to the middle lot. Street repair and traffic control
page 89
for the construction will be provided by the contractor at the time of building permit for the lot. The
project currently has access at two locations to existing utility services, one off Dodd Road and the other
adjacent to Evergreen Knoll. The western lot will utilize the utility service stubs that are provided near
Evergreen Knoll. The eastern lot will utilize the service stubs located adjacent to Dodd Road.
Other Information
-Provided grading plans are preliminary, final grades will be determined at the time of individual house
plan submittal.
-Use of Lots: three Single Family dwelling units.
- Surface Water disposal, drainage, and flood control:
Existing Impervious surface area: 6,606 ft2
Proposed Impervious surface area (appx): 14,950 ft2
Total New Impervious surface area (appx.): 8,344 ft2 – 0.19 ac
The propose project creates 0.19 acres of new cumulative impervious surface. The Minnesota
Pollution Control Agency, NPDES/SDS Construction Stormwater General permit requirement
(III.D. Permanent Stormwater Management System) requires a stormwater management system
only after creating more than one acre of total cumulative impervious surface area. There is no
requirement for permanent stormwater treatment for a project creating less than one acre of total
cumulative impervious surface area, in the MPCA NPDES/SDS Stormwater Permit.
The Developer and his engineering representative met with the City Engineer and discussed the
project approach. The City Engineer concurred with the project concept at that time and
suggested incorporating stormwater features on a lot by lot basis. The home owner/home builder
will be encouraged to construct on site individual lot stormwater practices that promote
Stormwater Management Performance Measures. These systems may consist of: rain barrels,
raingardens, infiltration/filtration trenches and other small stormwater management practices.
-Zoning Changes: None, existing and proposed zoning is R-1.
-Soil Erosion and Sediment Control: a concept Erosion and Sediment control plan is included in the
submittal.
-Vegetation preservation and protection: concept tree preservation plan shows the trees that will be
saved if the concept grading plan would be constructed. The actual lot/home construction will occur on
a lot by lot basis saving trees and minimizing land disturbance once the actual building plan is finalized.
The property has opportunities to design specific building layouts that minimize tree removal and land
disturbance.
page 90
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49B
189
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus
DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and
the GIS User Community
Figure 4 - Soil Survey Map
1663 Dodd Rd (KES 2015-157)Mendota Heights, Minnesota
Note: Boundaries indicatedon this figure are approximate and do not constitute an official survey product.
¯
Approximate Review Area
Hydric/Predominantly Hydric
Non-Hydric/Predominantly Non-hydric
0 15075Feet
Map unit symbol Map unit name Rating
49B Antigo silt loam, 1 to 8 percent slopes Non-Hydric
189 Auburndale silt loam Hydric
page 109
Athena K Shultz
689 Evergreen Knls
Mendota Heights Mn 55118
Brian H & Kelly G Aukema
707 Evergreen Knolls
Saint Paul Mn 55118-3741
Charles E & Mary L Gillin
717 Evergreen Knoll
Saint Paul Mn 55118-3741
Christine A Salmen
1694 Dodd Rd
Mendota Heights Mn 55118
City of Mendota Heights
1101 Victoria Curv
Mendota Heights Mn 55118
Daniel W Kotasek
706 Evergreen Knls
Mendota Heights Mn 55118
David R & Jo M Fairbairn
1680 Dodd Rd
Mendota Heights Mn 55118-3726
Harry J & Margaret Kladis
695 Evergreen Knoll
Mendota Heights Mn 55118-3750
James P & Linda A Stehr
1635 Dodd Rd
Saint Paul Mn 55118-3727
James P & Tracy K Steiner
711 Evergreen Knolls
Saint Paul Mn 55118-3741
Lance A Boelter
1630 Dodd Rd
West Saint Paul Mn 55118-3726
Linda L Lindeke
1656 Dodd Rd
Saint Paul Mn 55118-3726
Marybeth K Harris
1658 Dodd Rd
Mendota Heights Mn 55118
Matt D Steiner
702 Wentworth Ave
Mendota Heights Mn 55118
Michael J II Moore
710 Evergreen Knolls
Mendota Heights Mn 55118-3700
Paraskevas S Tste Tsobanakis
726 Evergreen Knls
Mendota Heights Mn 55118
Prokosh Brian G & Patricia Living
Tst
1650 Dodd Rd
Mendota Heights Mn 55118
Robbie Jay Bluhm
647 Manomin Ave
Saint Paul Mn 55107
Robert B & Jane H Ts Winter
1648 Dodd Rd
Saint Paul Mn 55118
Robin S & Pamela M Ehrlich
1656 Gryc Ct
Saint Paul Mn 55118-3748
Robley D & Joan M Evans
716 Evergreen Knolls
Saint Paul Mn 55118-3700
Ronald G & Mary Kay Nelson
1660 Dodd Rd
Saint Paul Mn 55118-3726
Scott D & Dawn M Kofoed
701 Evergreen Knoll
Saint Paul Mn 55118-3741
Stephen K & Ruth M Petermann
710 Wentworth Ave W
Saint Paul Mn 55118-2703
Vesel Management II LLC
% Robert J Reidell III 2100 Ford
Pkwy Unit 201
Saint Paul Mn 55116
Vesel Management II LLC
% Robert J Reidell III 2100 Ford
Pkwy Unit 201
Saint Paul Mn 55116
page 110
page 111
page 112
From:Cheryl Bemel
To:Nolan Wall
Cc:pamela erlich
Subject:Dodd Road plot cornering Evergreen Knolls
Date:Tuesday, April 26, 2016 1:14:29 PM
Hi Nolan,
We want to voice my neighborly support re: the clear potential for water on the
corner lot of Dodd and Evergreen Knolls to result flooding to backyards during high
volume rains/snows. We believe this is a 'no brainer.'
PLEASE ensure that the water does not subsequently run west to the lowest point,
AND please consider the bigger picture of runoff when grading for these new
houses: not just the immediate path from the lot, but the effect on the wider terrain.
Thank you.
Sincerely,
Cheryl and Sanford Bemel
774 Evergreen Knoll
page 113
From:Pamela Ehrlich
To:Nolan Wall
Cc:"Robin Ehrlich"; pmariehr@gmail.com
Subject:lots for sale on Evergreen Knolls and Dodd Road
Date:Thursday, April 21, 2016 6:50:21 PM
Pamela and Robin Ehrlich, 1656 Gryc Court, Mendota Heights.
We are concerned that the water on the corner lot of Dodd and Evergreen Knolls will cause
some of our backyard to flood during high volume rains/snows.
The property value on the first lot according to the 2016 Dakota County Property Taxation
shows this lot to be valued at $90,100 in 2015. In 2016, this lot is valued at $64,200. A drop
in value of 31.1%. I spoke to Amy from the Dakota County Taxation center and she said the
reason for this drop in value is due to wetland. She said according to the plat map “it appears
it has a wet area and the plat map confirms this” therefore, they deemed the property to be
unbuildable.
Our lot is one of the lowest points in the nearby area. As houses have been developed near our
house, water has built up in the south area of our lot near the golf course. A little water has
also built up on the northwest corner along the west side of our lot near our neighbor’s
swimming pool. The new and final area that is being developed sits below the street level and
will have to be filled as indicated in their application. The current plan shows the runoff
leaving directly north and south from the lot. But we must account for where the runoff goes
from there. For instance, the south runoff will run directly into the golf course, but we should
ensure that it does not subsequently run west to the lowest point, our yard. I would also ask
this of the runoff heading directly north from the new houses. Please consider the bigger
picture of runoff when grading for these new houses: not just the immediate path from the lot,
but the effect on the wider terrain. Thank you.
page 114
MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: John R. Mazzitello, PE, PMP, MBA
Public Works Director/City Engineer
SUBJECT: Ordinance 494 – Amending Title 12, Chapter 4 of Mendota Heights City
Code Relating to Aircraft Noise Attenuation Boundaries
COMMENT:
Introduction
For the past several months, staff and the Airport Relations Commission (ARC) have been
discussing whether the City’s Airport Noise Overlay District should be revised to become a static
area rather than changing with the Metropolitan Airports Commission Noise Contour Map. The
Noise Contour Map is revised annually, and it is theoretically possible that a development or
redevelopment project could be within a noise contour at the time their permit is approved, and
outside the contour by the time construction is complete. The reverse scenario could also be
possible.
Background
Staff checked with three other cities that abut Twin Cities International Airport (Eagan,
Richfield, & Bloomington) and asked about the boundaries of their overlay districts, and the
noise attenuation requirements. All three cities have similar Ordinances.
All three cities use the boundary established in the MSP Zoning Ordinance Airspace Zoning
Limit to define the area covered by their respective Ordinances. At the April 13, 2016 ARC
meeting, the Commission decided to move forward with this approach. Similarly, at the April
26, 2016 Planning Commission Meeting, the Commission passed a motion recommending
adoption of the attached Ordinance 494, Amending Title 12, Chapter 4 of Mendota Heights City
Code Relating to Aircraft Noise Attenuation Boundaries. Planning commission did add the
clause, “or then current” to the date of the MSP Zoning Ordinance Airspace Zoning Limit.
Adding this clause will allow the City to automatically adopt any subsequent revisions or updates
to the MSP document without the need for further Code amendment.
By setting a static boundary for the Aircraft Noise Attenuation Chapter, it will require developers
to review the most current noise contour map and provide a statement to the City that property
proposed for development/redevelopment in within or outside of an established noise contour of
60db or greater. This review and statement would become required before a Building Permit can
be issued for the development.
Only properties that are located within published airport noise contours will be required to
include noise attenuation in accordance with the Ordinance, but by requiring a review of the
airport noise contours by the developer, the City is making them aware of their extremely close
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proximity to potential aircraft noise impacts. Cities that take this approach have found that most
developers will voluntarily provide attenuation measures even if the property in question is
outside the established noise contour(s) due to the potential for future noise impacts.
The current Code only applies noise attenuation requirements to new development,
redevelopment, or structural additions. This would remain the same should the new ordinance be
adopted.
The attached maps show the area that would be affected by adopting this Ordinance.
Budget Impact
None
Recommendation
Staff recommends Council adopt Ordinance 494, AN ORDINANCE AMENDING TITLE 12,
CHAPTER 4 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA,
DAKOTA COUNTY, CONCERNING AIRCRAFT NOISE ATTENUATION BOUNDARIES
Action Required
If Council wishes to enact the staff recommendation, pass a motion adopting ORDINANCE
494, AN ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE OF THE
CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING
AIRCRAFT NOISE ATTENUATION BOUNDARIES. This action requires a simple majority vote.
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CITY OF MENDOTA HEIGHTS 1
DAKOTA COUNTY, MINNESOTA 2
3
ORDINANCE NO. 494 4
5
AN ORDINANCE AMENDING TITLE 12, CHAPTER 4 OF THE CITY CODE OF THE CITY 6
OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING AIRCRAFT 7
NOISE ATTENUATION BOUNDARIES 8
9
10
The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: 11
12
Section 1. 13
14
Title 12-4-1-C is hereby added as follows: 15
16
APPLICABILITY: The provisions of this chapter shall apply to all properties located within the 2004, or 17
then current, MSP Zoning Ordinance Airspace Zoning Limit. Properties located partially within the 18
2004, or then current MSP Zoning Ordinance Airspace Zoning Limit shall be considered completely 19
inside the limit. 20
21
22
Section 2. 23
24
This Ordinance shall be in effect from and after the date of its passage and publication. 25
26
Adopted and ordained into an Ordinance this ## day of Month, 2016. 27
28
CITY COUNCIL 29
CITY OF MENDOTA HEIGHTS 30
31
32
33
Sandra Krebsbach, Mayor 34
ATTEST 35
36
37
___________________________ 38
Lorri Smith, City Clerk 39
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Aircraft Noise Attenutation MSP Airspace Zoning City ofMendotaHeights01,750
SCALE IN FEETDate: 3/18/2016
GIS Map Disclaimer:This data is for informational purposes only and should not be substituted for a true title search, property appraisal, plat,survey, or for zoning verification. The City of Mendota Heights assumes no legal responsibility for the information containedin this data. The City of Mendota Heights, or any other entity from which data was obtained, assumes no liability for any errorsor omissions herein. If discrepancies are found, please contact the City of Mendota Heights.
Contact "Gopher State One Call" at 651-454-0002 for utility locations, 48 hours prior to any excavation.
M E N D O TA
M E N D O TA
E A G A N
E A G A N
LEGEND
Airspace Zone
R-1 One Family Residential
R-1A One Family Residential
R-2 Two Family Residential
R-3 Multiple Family Residential
MR-PUD Medium Density Residential
HR-PUD High Density Residential
MU-PUD Mixed Use
B-1 Limited Business
B-1A Business Park
B-2 Neighborhood Business
B-3 General Business
B-4 Shopping Center
I Industrial
State Park
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MEETING DATE: May 3, 2016 TO: Mayor and City Council, City Administrator FROM: Ryan Ruzek, PE, Assistant City Engineer SUBJECT: Accept Bids and Award Contract for the Mendota Road Neighborhood
Improvements (Project# 201507)
COMMENT:
Introduction
This project includes reconstructing Mendota Road from Delaware Avenue to Oak Street and
also includes rehabilitating Sibley Court, High Ridge Circle, and Warrior Drive.
Background
Council ordered the Mendota Road Neighborhood Improvements at their November 17, 2015
meeting, and directed staff to prepare plans and specifications for this street reconstruction
project. The plans were approved and authorized to bid at the April 5, 2016 meeting.
Discussion
Six bids (see below) were received and opened on Wednesday, April 27, 2016, at 10:00 a.m. for
the Mendota Road Neighborhood Improvements.
NAME OF BIDDER AMOUNT OF BID
McNamara Contracting, Inc. $1,452,666.51
Hardrives, Inc. $1,478,148.83
Park Construction $1,482,828.08
Valley Paving, Inc. $1,503,349.45
Bituminous Roadways Inc. $1,559,968.13
Arnt Construction $1,565,863.56
McNamara Contracting, Inc. submitted the lowest responsible bid of $1,452,666.51. Their bid
was less than the Engineer's Estimate of $1,762,169.00. McNamara Contracting, Inc. is a
contractor with many years of experience with an office in Rosemount, Minnesota and has
completed projects in Mendota Heights in the past. Staff recommends them for this contract.
The substantial completion date for the project is September 2, 2016. We expect McNamara
Contracting, Inc., serving in the capacity of General Contractor, is capable of meeting the
completion dates and installing the proposed improvements in accordance with the plans and
specifications given their experience and the amount of equipment and manpower they have at
their disposal.
Staff will mail out a general notice to the residents about the project after council awards the
contract, including information regarding the construction schedule.
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Construction and Geotechnical Services
Based on the contract the city is responsible for providing Construction Staking and Material
Testing for the proposed project.
Staff requested proposals from two surveying companies have received proposals from both
companies. Pioneer Engineering provided a proposal with an estimated cost of $12,470.00 to
complete the construction staking for the Mendota Road Neighborhood Improvements Project.
The proposal received from Bolton and Menk, Inc. had a cost of $22,700.00. Staff has worked
with Pioneer Engineering in the past and feel that they will complete the construction staking
work to our satisfaction.
Staff also requested proposals for geotechnical services and received a proposal from Northern
Technologies, Inc. They provided a proposal with an estimated cost of $9,025.00 to complete the
geotechnical services for the Mendota Road Neighborhood Improvements Project which include
gradation of granular materials, compaction density tests, testing of bituminous and concrete
pavement, and inspecting the quarry source. The geotechnical analysis of the materials used in
the project will assist in verifying that the project meets all the required specifications. Even
though other proposals were not received, the industry standard for such services assumes the
cost to be close to 1% of the total project cost (in our case $14,000), so staff is confident that the
proposed price is satisfactory and has worked with Northern Technologies, Inc. on several
projects in the past with excellent results.
Budget Impact
The Mendota Road Neighborhood Improvements are proposed to be financed by Special
Assessments, Municipal Bonds, Municipal State Aid, and Utility Funds. The total cost for the
Mendota Road Reconstruction is $1,452,666.51, not including indirect costs for legal,
engineering, administration, and finance. The total cost for the Mendota Road Construction and
Geotechnical Services is $21,495.00, to be paid through purchase orders.
Recommendation
Staff recommends that the council accept the bids and award the construction contract to
McNamara Contracting, Inc. for their bid in the amount of $1,452,666.51. Staff further
recommends that the council accept the Construction Staking proposal from Pioneer Engineering
and approve the purchase order for their services in the amount of $12,470.00, and accept the
Geotechnical Services proposal from Northern Technologies, Inc. and approve the purchase
order for their services in the amount of $9,025.00.
Action Required
If city council wishes to implement the staff recommendations, pass a motion adopting
RESOLUTION 2016-38 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
MENDOTA ROAD NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507), and
authorizing staff to execute purchase orders for construction staking and Geotechnical Services
as proposed. These actions can be taken with a single simple majority vote.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2016-38
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE MENDOTA ROAD
NEIGHBORHOOD IMPROVEMENTS (PROJECT #201507)
WHEREAS, pursuant to an advertisement for bids for the proposed construction of
storm sewer, street paving and related appurtenant work of reconstructing Mendota Road from
Oak Street to Delaware Avenue and rehabilitating Sibley Court, High Ridge Circle and Warrior
Drive referred to as the Mendota Road Neighborhood Improvements, bids were received,
opened, and tabulated according to law and the following bids were received complying with
said advertisement:
NAME OF BIDDER AMOUNT OF BID
McNamara Contracting, Inc. $1,452,666.51
Hardrives, Inc. $1,478,148.83
Park Construction $1,482,828.08
Valley Paving, Inc. $1,503,349.45
Bituminous Roadways Inc. $1,559,968.13
Arnt Construction $1,565,863.56
and
WHEREAS, the City Engineer recommended that the lowest responsible bid submitted
by McNamara Contracting, Inc. of Rosemount, Minnesota, be accepted.
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council:
1. That the bids for the Mendota Road Neighborhood Improvements project are hereby
received and accepted.
2. That the bid of McNamara Contracting, Inc. of Rosemount, Minnesota, submitted for
the construction of the above described improvements be and the same is hereby
accepted.
3. That the contract be awarded to McNamara Contracting, Inc. of Rosemount,
Minnesota, and that the Mayor and Clerk are hereby authorized and directed to
execute and deliver any and all contracts and documents necessary to consummate the
awarding of said bids.
Adopted by the City Council of the City of Mendota Heights this third day of May, 2016.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST Sandra Krebsbach, Mayor
___________________________
Lorri Smith, City Clerk
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